REQUEST FOR PROPOSALS TO PROVIDE ... - City of Detroit

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICES FOR JARC/NEW FREEDOM
PROGRAM-ELIGIBLE POPULATIONS
PROJECT T-2782
May 31, 2013
City of Detroit, Department of Transportation
Dave Bing, Mayor
Ronald Freeland, Director

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICES FOR JARC/NEW FREEDOM PROGRAM-ELIGIBLE
POPULATIONS
PROJECT NO. T-2782
The City of Detroit, Department of Transportation (DDOT) requests sealed proposals to provide
transportation services for low-income workers and job-seekers, elderly individuals, reversecommuters,
and persons with disabilities consistent with the Job Access and Reverse Commute
(JARC) and New Freedom programs. Sealed proposals must be received by the Detroit
Department of Transportation, Purchasing/Contract Administration, Financial Business Services
Division, 1301 E. Warren Avenue, Room 201, Detroit, MI 48207 on or before 4:00 p.m. (EST)
Tuesday, July 2, 2013. THERE WILL BE NO PUBLIC OPENING OF THE PROPOSALS. A
Pre-Proposal Conference is scheduled for 10:00 a.m. (EST) Wednesday, June 12, 2013 in
DDOT’s Administration Building, 1301 E. Warren Avenue, Detroit, MI 48207.
Proposals are to be submitted in accordance with the DDOT Request for Proposals (RFP) dated
May 31, 2013, which includes a Disadvantaged Business Enterprise (DBE) goal of 10%.
Proposals received after 4:00 p.m. (EST) Monday, July 2, 2013 will be returned to the sender
unopened. No proposal, once submitted, may be withdrawn for 120 days after the due date.
The successful Proposer will be required to comply with all applicable federal, state and local
laws and regulations. This includes, but is not limited to, all applicable Equal Employment
Opportunity laws and U.S. Department of Transportation Disadvantaged Business Enterprise
regulations as outlined in the RFP.
The City of Detroit, Department of Transportation reserves the right to postpone, accept or
reject any or all proposals, in whole or in part, at its discretion, subject to the rules and
regulations set forth by the City of Detroit, the U.S. Department of Transportation and the
Federal Transit Administration. Firms or individuals whose names appear on the U.S. General
Services Administration’s list of ineligible contractors will not be considered.
The City of Detroit, Department of Transportation affirmatively assures that no Proposer will be
discriminated against on the basis of race, color, sex, age, disability, religion, ancestry, marital
status, national origin, place of birth or sexual orientation.
Written questions related to this project must be received in the Financial Business services
Division office no later than 3:00 p.m. (EST) Friday, June 14, 2013 which may be mailed to the
address above or faxed to (313) 833-5338 / 5339. A copy of the RFP may be obtained by either
writing to the abovementioned address or by calling Regina Coleman, the Contract
Administrator, at (313)-833-0262.
Regina Coleman,Contract Administrator
Financial Business Services Division

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICESPROVIDERS FOR JARC/NEW FREEDOM PROGRAM-
ELIGIBLE POPULATIONS
T-2782
Table of Contents
Section I: General Conditions Page
1.1 Request for Proposals (RFP) GC-1
1.2 Pre-Proposal Conference GC-1
1.3 Changes to RFP GC-1
1.4 Addenda GC-1
1.5 Omissions GC-1
1.6 Proposal Guarantee GC-2
1.7 Cancellation of RFP GC-2
1.8 Rejection of Proposals GC-2
1.9 Single Response GC-2
1.10 Proposal Withdrawal GC-2
1.11 Confidentiality GC-2
1.12 Protest and Appeal Procedures GC-3
1.13 Definition of Terms GC-4
1.14 Qualifications for Award GC-5
1.15 Disadvantaged Business Enterprise GC-5
1.16 Equal Employment Opportunity GC-5
1.17 Insurance GC-5
1.18 Prohibited lnterests GC-7
1.19 Copyrights and Rights in Data GC-7
1.20 Laws and Regulations GC-7
1.21 Non-Discrimination Clause GC-9
1.22 Contract Work Hours GC-9
1.23 Interest of Members or Delegates to Congress GC-10
1.24 Debarred Bidders GC-10
1.25 Title VI Compliance GC-10
1.26 Audit and Inspection of Records GC-12
1.27 Termination of Contract GC-12
1.28 Energy Conservation GC-13
1.29 Clean Water Requirement GC-13
1.30 Clean Air Requirement GC-13
1.31 Toxic Material Requirement GC-13
1.32 Prohibited Drug and Alcohol Use Prevention GC-13
1.33 Fly America GC-14
1.34 Cargo Preference GC-14
1.35 Seismic Safety Requirements GC-14
1.36 Recycled Products GC-15
1.37 Disputes GC-15
1.38 Most Favored Customer GC-15
1.39 Federal Changes GC-16
1.40 Assignment GC-16
1.41 Sample Contract GC-16
1.42 Clearances GC-16
1.43 Transit Employee Protective Provisions GC-16
1.44 Qualifications and Assurances GC-17
i

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICES FOR JARC/NEW FREEDOM PROGRAM-ELEGIBLE
POPULATIONS
T-2782
Table of Contents
Section II: Special Conditions Page
2.1 Contract Award SC-1
2.2 Incurring Costs SC-1
2.3 Contract Type SC-1
2.4 Prime Contractor Responsibilities and Subcontracting SC-1
2.5 Disadvantaged Business Enterprise Utilization SC-1
2.6 Contract Start Date SC-2
2.61 Contract Period SC-2
2.7 Availability of Office Space SC-3
2.8 Monitoring SC-3
2.9 Payment Terms SC-3
2.10 Project Deliverables SC-4
2.11 Submission of Proposals SC-4
2.12 Performance SC-4
2.13 Ownership of Documents SC-4
2.14 Status of Contractor and Its Employees SC-4
2.15 Independent Proposal Determination SC-4

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICES FOR JARC/NEW FREEDOM PROGRAM ELIBIBLE
POPULATIONS
T-2782
Table of Contents
Section III:
Specific Requirements
3.1 Departmental Overview SR-1
3.2 DDOT’s JARC and New Freedom Programs SR-1
3.3 Purpose and Objectives SR-2
3.4 Scope of Services/Technical Specifications/Project
SR-3
Requirements
3.5 Scope of Services SR-4
3.5.1 General Description of Scope of Services SR-4
3.5.2 Detailed Scope of Services SR-5
3.5.3 Service Overview SR-6
3.5.4 Operating Policies for Services SR-8
3.5.5 Requirements for Contractors Personnel with Respect to SR-11
the Services
3.5.6 Management, Administrative and Personnel
SR- 13
Requirements, with Respect to the Services
3.5.7 Drug and Alcohol Policy and Testing Program SR-15
3.5.8 Contractor’s Qualification Requirements SR-15
3.5.9 Vehicle Requirements SR-15
3.5.10 Communication Equipment & Software Requirements SR-17
3.5.11 Performance Requirements with Resulting Performance
SR-18
Penalties or Service Exclusions
3.5.12 Performance Monitoring and Benchmarking SR-23
3.5.13 Data Collection and Reporting Requirements SR-23
3.5.14 Service-Related Meetings SR-24
3.6 Submission of Proposals SR-24
3.7 Content of Proposals SR-24
3.8 Evaluation of Proposals SR-29
3.9 Proposal Evaluation Criteria SR-32
3.10 Method of Award SR-32
3.11 Not Used
3.12 Not Used
3.13 Project Management SR-33
3.14 Not Used
3.15 Contract Amendments SR-34
3.16 Contract Close-out and Final Payment SR-34

REQUEST FOR PROPOSALS
TO PROVIDE
TRANSPORTATION SERVICES FOR JARC/NEW FREEDOM PROGRAM ELIGIBLE
POPULATIONS
T-2782
Table of Contents
Section IV:
Section V:
Section VI:
Transportation Provider Application
Sample Contract
Proposer’s Forms

SECTION I
GENERAL CONDITIONS

1.0 GENERAL CONDITIONS
The following requirements and conditions shall be considered to be an essential part of the
specifications and proposal:
1.1 Request for Proposals (RFP)
The Detroit Department of Transportation (hereinafter referred to as “DDOT”) requests
proposals to provide transportation services for JARC and New Freedom programeligible
populations. This RFP sets forth the minimum requirements that all proposals
should meet. Failure to submit proposals in accordance with this RFP may render the
proposal unacceptable. DDOT anticipates making multiple awards under this RFP.
This RFP is issued by the City of Detroit Department of Transportation. All written
communications pertaining to this RFP should be directed to the City of Detroit
Department of Transportation, Purchasing/Contract Administration Division, 1301 E.
Warren, Detroit, Michigan 48207; Attn: Purchasing/Contract Administration Division.
News releases pertaining to this RFP or the work to which it relates will not be made by
any Proposer without prior DDOT approval, and then only in coordination with DDOT.
1.2 Pre-Proposal Conference
A Pre-Proposal Conference is scheduled at the time indicated in the advertisement
announcement. At that time an overview of the RFP will be provided and questions will
be taken, to which DDOT will respond, in writing within ten (10) calendar days.
1.3 Changes to RFP
DDOT reserves the right, in its sole discretion, to make changes to this RFP. Changes
shall be made by written addenda which shall be issued to all prospective Proposers who
request a copy of this RFP.
Requests for clarification of the scope of work must be received by DDOT, in writing, not
less than ten (10) calendar days before the proposal due date. DDOT will evaluate any
request submitted, but reserves the right to determine whether to respond to or make
changes in response to any request.
Proposers shall not rely on verbal or written representations regarding this RFP except
for written addenda issued by the DDOT Purchasing/Contract Administration Division.
1.4 Addenda
All verbal modifications of this RFP are void and ineffective. Any proposed change in this
RFP shall be submitted to DDOT for its prior approval. Only written addenda issued by
the City of Detroit, DDOT Purchasing/Contract Administration Division are authorized and
binding. Any changes required by such addenda shall be included in the Proposer’s
proposal and all costs of such changes shall be reflected in the proposal price.
Proposers are required to acknowledge receipt of all addenda in their proposals.
1.5 Omissions
No advantage shall be taken by the Proposer from the omission of any details even
though such details are not mentioned in this Request for Proposals.
GC - 1

1.6 Proposal Guarantee
Proposals shall be accompanied by a proposal guarantee of $1,000.00 from each
Proposer. The proposal guarantee shall consist of a firm commitment, such as a bid
bond, certified check, or other negotiable instrument approved, in writing, by the City as
assurance that the Proposer will, upon acceptance of its proposal, execute such
contractual documents as may be required within the time specified. All proposal
guarantees will be returned to Proposers after contracts are awarded.
1.7 Cancellation of RFP
DDOT reserves the right, in its sole discretion, to postpone and/or cancel this RFP at any
time for its own convenience and to reject any or all proposals without liability prior to
execution of the contract by DDOT.
1.8 Rejection of Proposals
Proposals will not be considered under the following conditions:
• Proposals are received in the DDOT Purchasing/Contract Administration Division
office after the due date and time; or
• The proposal guarantee, if required, is not submitted with the proposal; or
• The proposal guarantee is in a form not approved by the City.
DDOT reserves the right, in its sole discretion, to reject any and all proposals received as
a result of this RFP to serve the best interests of DDOT.
1.9 Single Response
If only one proposal is received in response to this RFP, a detailed cost proposal shall be
requested of the single Proposer.
1.10 Proposal Withdrawal
Proposals may not be withdrawn for one hundred twenty (120) calendar days after they
are opened. Prior to the due date/time, however, proposals may be modified or
withdrawn by the Proposer's authorized representative in person, or by written or
telegraphic notice. If proposals are modified or withdrawn in person, the authorized
representative shall make his/her identity known and shall sign a receipt for the proposal.
Written or telegraphic notices must be received in the office designated no later than the
exact due date/time. A telegraphic modification or withdrawal received in the designated
office by telephone from the receiving telegraph office no later than the due date/time will
be considered if such message is confirmed by a copy of the telegram.
1.11 Confidentiality
It is in the public interest for DDOT to receive as many proposals as possible. DDOT
acknowledges the possible confidential nature of any cost or price information requested
by this Request for Proposals, and DDOT obliges itself in good faith not to disclose such
information to others during the evaluation process. After contract award, disclosure of
information shall be made only in accordance with local and Michigan law and applicable
Federal requirements.
GC - 2

DDOT will not disclose the number of proposals received or the identity of Proposers until
after contract award and only upon written request. Proposers are prohibited from
contacting the Evaluation Committee prior to contract award. Notice of Intent to Award
will be mailed to the selected Proposers prior to formal approval of the Contract.
1.12 Protest and Appeal Procedures
The Director of the Detroit Department of Transportation has been authorized by the City
of Detroit’s Chief Procurement Officer to act as his designee in this Procurement.
Interested parties aggrieved by a solicitation or the award of any resulting contract, may
file written notice of protest with the DDOT Director at 1301 E. Warren Avenue, Detroit,
MI 48207 and shall serve copies upon the City of Detroit’s Purchasing Director at 1008
Coleman A. Young Municipal Center, 2 Woodward Avenue, Detroit, MI 48226. At a
minimum, such protests shall include: 1) name of protestor; 2) solicitation/contract
number and description; and 3) statement of grounds for protest (reference specific text
in the solicitation, bid or contract document that is at issue). The decision of the DDOT
Director is final and is not subject to appeal.
The DDOT Director or his designee shall hear and determine the merits of said protest.
He or she shall set a time and place for hearing of the protest, and shall advise all
competitors that a protest has been filed. The Director may receive evidence and legal
arguments from any interested party, but shall not be bound by the rules of evidence nor
formal procedure. Unless otherwise directed by the Director, issues will be decided on
the basis of written evidence and written arguments. All documents received by the
Director shall be stamped with date and time received and logged into the protest file
folder.
The Director shall promptly issue his findings and conclusions to the protesting party, in
writing and shall advise the Chief Procurement Officer Purchasing Director and all
interested parties. Issues addressing the adequacy of invitation for bids, or requests for
proposals, including without limitation the pre-award procedure, the instructions, general
conditions and specifications and scope of work must be received by the DDOT Director
not later than three (3) business days before the bid/proposal due date. Thereafter, such
issues are deemed waived by all interested parties.
Where the Director decides that a protest lacks merit, all interested parties shall be so
advised in writing and the evaluation and award process will continue.
Notice of protest against an award must be received by the DDOT Director within five (5)
business days immediately following the award. Where notice of protest against the
award is received prior to the entry into of the contract for the relevant procurement, and
DDOT has not made a finding that procurement is urgently needed or performance will
be unduly delayed or delay will result in undue harm to DDOT, the execution of the
contract will be deferred until the Director passes upon the issues presented by the
protest.
Where the Director decides that the protest lacks merit, the contract will be executed after
five (5) business days have elapsed commencing with the first day following the date of
the Director’s decision. The Director’s decision shall be in written form. Notice of
decision shall be served upon all interested parties by certified mail.
The FTA will only entertain a protest that alleges DDOT has failed to follow its protest
procedures. Interested parties may file a protest appeal to the FTA, which must be
received by FTA and the DDOT Director within five (5) business days of the service of the
DDOT Director’s determination. Such a protest must be filed in accordance with the
GC - 3

procedures outlined in FTA Circular 4220.1F, dated November 1, 2008, as amended
which is fully incorporated herein by reference.
1.13 Definition of Terms
Where the word "Purchaser" or “Purchasing Agency” or “Purchasing Division” is used in
these instructions or the contract proposal, reference is made to DDOT. The words "Bid",
"Offer", "Contractor Proposal" and "Proposal" are synonymous.
The term “City” shall mean the City of Detroit, a Municipal Corporation of the State of
Michigan.
The term “Missed trip” shall mean:
a. the Contractor’s driver never arrived at the scheduled pick-up address to
transport the client, or
b. he Contractor’s driver arrived late to a scheduled a pick-up address and client
refused the last trip; or
c. the Contractor’s driver recorded unauthorized No-Show violations on the Trip
Log, without first receiving approval from the Contractors dispatch center to
assess a No-Show violation against the client, and departed the pick-up location
without the client.
The term “working day” includes normal weekdays, but excludes the following annually
observed City Holidays: Independence Day, Labor Day, Election Day, Veterans Day,
Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day, New Year’s
Eve, New Year’s Day, Martin Luther King’s Birthday, Good Friday and Memorial Day.
The term “guest” shall mean a Personal Care Attendant (PCA) who is certified to care for
the customer if needed.
The term “Procuring Agent” means Detroit Department of Transportation (DDOT).
The term “Elderly Individuals” means all persons 60 years of age or older.
The term “Eligible low income individual” means an individual whose family income is at
or below 150 percent of the poverty line (as that term is defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C 9902(2))), including any revision required
by that section) for a family of the size involved.
The term “Individual with a disability” means an individual who because of illness, injury,
age, congenital malfunction, or other incapacity or temporary or permanent disability
(including an individual who is wheelchair user or has semi-ambulatory capability), cannot
use effectively, without special facilities, planning, or design, public transportation service
or public transportation facility 49 U.S.C. 5302 (a) (5).
The term “on-time” means if drivers arrive at the pick-up location within the 20-minute
minute pick-up window before/after the scheduled pick-up time provided on the manifest.
The term “Reverse Commute” means transportation of residents of urbanized areas and
other than urbanized areas to suburban employment opportunities.
GC - 4

The term “Other than Urbanized Areas” means any area outside of an urbanized area.
The term “nonurbanized area” includes rural areas and urban areas under 50,000 in
population not included in an urbanized area.
The term “Urbanized Area” means an area encompassing a population of not less than
50,000 people that has been defined and designated in the most recent decennial census
as an “urbanized area” by the Secretary of Commerce. Small urbanized areas as used in
the context of FTA formula grant programs are urbanized areas with a population of at
least 50,000 but less than 200,000.
1.14 Qualifications for Award
In determining the successful Proposers, the criteria described in the "Specific
Requirements" section will apply. DDOT reserves the right, in its sole discretion, to waive
any minor irregularity in any proposal, to accept any proposal or to reject any or all
proposals, or to award the contract on such basis as DDOT deems to be in its best
interest to do so.
1.15 Disadvantaged Business Enterprise
It is the policy of the United States Department of Transportation that disadvantaged
business enterprises, as defined in 49 CFR Part 26, as amended, and successions
thereto, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or part with Federal funds under this agreement.
The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by the Contractor to carry out
these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the City deems appropriate.
1.16 Equal Employment Opportunity
In connection with the execution of this contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
age or national origin. The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during their employment,
without regard to their race, religion, color sex, age or national origin. Such actions 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. See EEO
Attachments in Section VI, Proposer’s Forms.
1.17 lnsurance
The Contractor shall maintain, at its expense, during the term of this Contract
the following insurance:
TYPE
AMOUNT NOT LESS THAN
1. Worker's Compensation Michigan Statutory minimum
GC - 5

2. Employer's Liability $500,000.00 each DISEASE
$500,000.00 each PERSON
$500,000.00 each ACCIDENT
3. Commercial General Liability
Insurance $2,000,000 AGGREGATE
(Broad Form Comprehensive)
4. Automobile Liability
lnsurance (covering all owned, limit for
bodily injury hired and property damage
nonowned vehicles with personal and
property protection insurance including
residual liability insurance under Michigan
No Fault lnsurance Law)
$1,000,000 PER OCCURRENCE
Seating capacities of 1 to 9
including the driver
$2,000,000 combined single limit for bodily
injury and property damage.
Seating capacities of 10 to 15
including the driver
$3,000,000 combined single limit for bodily
injury and property damage.
Seating capacities of 16 or more
including the driver
$5,000,000 combined single limit for bodily
injury and property damage.
5. Professional Liability
(Errors and Omissions)
$1,000,000.00 each occurrence
The Commercial General Liability insurance policy shall name the "City of Detroit" as an
additional insured and shall state that the Contractor's insurance is primary and not
excess over any insurance already carried by the City of Detroit. The commercial general
liability insurance shall provide blanket contractual liability insurance for all written
contracts or, in the alternative, shall contain a specific endorsement worded substantially
as follows:
"During the effective period of the policies mentioned herein, it is agreed
that this insurance specifically covers liability assumed by the insured
under the provision of Contract No. T-2782 dated Wednesday, May 22,
2013 entered into by the insured and the City of Detroit."
If the Commercial General Liability policy does not contain the standard IS0 (Insurance
Services Office) wording of "definition of insured" which reads essentially as follows: "The
insurance afforded applies separately to each insured ... except with respect to limits. .
."then, in the alternative, the public liability insurance policy shall contain the following
cross liability endorsement:
"It is agreed that the inclusion of more than one (1) insured under this
policy shall not affect the rights of any insured as respects any claim, suit
or judgment made or brought by or for any other insured or by or for any
employee of any other insured. This policy shall protect each insured in
the same manner as though a separate policy had been issued to each,
except nothing herein shall operate to increase the insurer's liability
GC - 6

eyond the amount or amounts for which the insurer would have been
liable had only one (1) been named."
If during the term of this Contract changed conditions or other pertinent factors should, in
the reasonable judgment of the City, render inadequate the insurance limits, the
Contractor will furnish on demand such additional coverage or types of coverage as may
reasonably be required under the circumstances. All such insurance shall be effected at
the Contractor's expense, under valid and enforceable policies, issued by insurers of
recognized responsibility which are well-rated by national rating organizations and are
acceptable to the City.
All insurance policies shall name the Contractor as the insured and shall provide a
commitment from the insurer that such policies shall not be canceled or reduced without
at least thirty (30) days prior written notice to the City. Certificates of Insurance
evidencing such coverage shall be in a form acceptable to the City. Certificates of
Insurance shall be submitted to the City's Finance Department, Accounts Payable
Section, Coleman A. Young Municipal Center, prior to the commencement of
performance under this Contract and at least fifteen (15) days prior to the expiration
dates of expiring policies.
If any work is sublet in connection with this Contract, the Contractor shall require each
Subcontractor to effect and maintain the types and limits of insurance as requested by
the City for each Subcontractor and shall require documentation of same, copies of which
documentation shall be promptly furnished to the City.
The Contractor shall be responsible for payment of all deductibles contained in any
insurance required hereunder. The provisions requiring the Contractor to carry the
insurance required under this Article shall not be construed in any manner as waiving or
restricting the liability of the Contractor under this Contract.
1.18 Prohibited Interests
No member, officer or employee of DDOT or of a local public body during his or her
tenure of one year thereafter shall have any interest, direct or indirect, in this contract or
the proceeds thereof.
Organizational Conflicts of Interest, such as: Lack of Impartiality or Impaired Objectivity ;
Unequal Access to Information or Biased Ground Rules are prohibited by the Common
Grant Rules.
DDOT will not enter into any contract involving services or property with a member of
its organization, its officers, its employees, any officials (elected or appointed) of
Federal, State or Local governments, or a business in which any of the above have a
significant interest or secure any benefit.
Indirect investment or interest means any investment or interest owned by the spouse
or dependent child, by an agent, or by a business entity or trust in which the
individual, individual's spouse, and dependent children own directly, indirectly, or has
a financial or other interest.
1.19 Copyrights and Rights in Data
DDOT is free to copyright any material developed under or during the course of this
project. DDOT reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, distribute, or otherwise use, and to authorize others to use the work for
government purposes.
GC - 7

1.20 Laws and Regulations
The funding agency for the project addressed in this RFP include the Federal Transit
Administration, Michigan Department of Transportation (MDOT) and / or the City of
Detroit. Their guidelines and regulations must be conformed to, not only by the recipient
(the "City") but also by all Contractors and subcontractors. In addition, compliance
requirements, which will be stated in the executed contract, are inclusive of the following:
1. Nondiscrimination in Federal Transit Programs. The Contractor agrees to
comply, and assures compliance by each sub-contractor at any tier under the
Project, with the provisions of 49 U.S.C. § 5332, which prohibits discrimination on
the basis of race, color, creed, national origin, sex, or age, and prohibits
discrimination in employment or business opportunity.
2. Nondiscrimination -- Title VI of the Civil Rights Act. The Contractor agrees to
comply, and assures compliance by each sub-contractor at any tier under the
Project, with all requirements prohibiting discrimination on the basis of race,
color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-
Assisted Programs of the Department of Transportation -- Effectuation of Title VI
of the Civil Rights Act," 49 C.F.R. Part 21, and any implementing requirements
that the FTA may issue.
3. Equal Employment Opportunity. The Contractor agrees to comply, and assures
the compliance by each sub-contractor at any tier, with all requirements of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and 49
U.S.C. § 5332 and any implementing requirements FTA may issue.
4. Equal Employment Opportunity Requirements for Construction Activities. With
respect to construction activities, the Contractor agrees to comply, and assures
the compliance by each sub-contractor at any tier, with all applicable EEO
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. § 2000[e]) note, and any Federal statutes,
executive orders, regulations, and Federal policies pertaining to construction
undertaken as part of the Project.
5. Activities Not Involving Construction. The Contractor agrees to comply, and
assures the compliance by each sub-contractor at any tier, with any applicable
employee protection requirements for nonconstruction employees of section 102
of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C.
§§ 327 - 332, and U.S. DOL regulations, "Labor Standards Provisions Applicable
to Contracts Governing Federally Financed and Assisted Construction (also
Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to
the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
6. The Contractor shall comply with U.S. DOT regulations, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs," 49 C.F.R. Part 26.
GC - 8

7. The Contractor shall comply with the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 9-646) which provides for fair and
equitable treatment of persons displaced as a result of Federal and federally
assisted programs.
8. The Contractor shall comply with The Hatch Act, which limits the political
activities of employees.
9. The Contractor shall comply with the Federal Fair Labor Standards Act.
10. The Contractor shall comply with the Davis-Bacon Act, as amended, 49 U.S.C. §
5333(a), the Davis-Bacon Act, 40 U.S.C. §§ 276a - 276a(7), and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act)," 29 C.F.R. Part 5.
11. The Contractor shall comply with the Copeland "Anti-Kickback" Act, as amended,
18 U.S.C. § 874 and 40 U.S.C. § 276c, and U.S. DOL regulations, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in
part by Loans or Grants from the United States," 29 C.F.R. Part 3.
12. The Contractor shall comply with Executive Orders Nos. 12549 and 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations
on Debarment and Suspension at 49 C.F.R. Part 29.
13. The Contractor shall comply with U.S. DOT regulations, "New Restrictions on
Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352.
State or local requirements and guidelines are included in the sample contract terms and
conditions, attached to this RFP.
1.21 Non-Discrimination Clause
In accordance with all Federal and State Legislation and Regulations governing Fair
Employment, including but not limited to, Title VI of the Civil Rights Act of 1964, the
Michigan Civil Rights Act and the Michigan Handicappers Civil Rights Act, as amended,
the Proposer agrees that it will not discriminate against employees or applicants for
employment with respect to hire, tenure, terms, conditions or privileges of employment
because of religion, race, color, national origin, age, sex, height, weight, marital status or
handicap that is unrelated to the ability of the individual to perform the duties of a
particular assignment or position.
The Proposer recognizes the right of the United States and the State of Michigan to seek
judicial enforcement of the foregoing covenants against the Proposer or its
subcontractors, or both, in order to provide for efficient cooperation and coordination in
the handling of contract compliance programs as provided in the Elliott-Larsen Civil
Rights Act, as amended, and the Michigan Handicappers Civil Rights Act, as amended.
The Detroit Human Rights Department, the Detroit Human Rights Commission, the
Michigan Department of Civil Rights and the Michigan Civil Rights Commission, by
mutual agreement, have authorized the Detroit Human Rights Department in a contract
compliance program to monitor all Contractors doing business with the City of Detroit and
to review the employment practices of Contractors seeking to do business with the City of
Detroit prior to entering into a contract so that the mandates of Section 209 of the
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Michigan Civil Rights Act are carried out. The Proposer agrees to include this paragraph
in any subcontract. Breach of this covenant may be regarded as a material breach of the
contract.
1.22 Contract Work Hours
a) Overtime Requirements
No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any work week in which he or she is employed on such work
to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one half times the basic rate of
pay for all hours worked in excess of forty hours in such work week.
b) Payrolls and Basic Records
Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1 (b) (2) (B) of the Davis-Bacon Act, daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has reasonably anticipated in providing benefits under
a plan or program described in section I (b)(2)(B) of the Davis-Bacon Act, the Contractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
1.23 Interest of Members or Delegates To Congress
No member of, or delegate to, the Congress to the United States shall be admitted to any
share or part of this contract or to any benefit arising there from.
1.24 Debarred Bidders
No Contractor, nor any officer or controlling interest holder of Contractor, may be
currently or have been previously, debarred or suspended or otherwise excluded from or
ineligible to participate in Federally-assisted programs as established by the United
States Government.
1.25 Title VI. Compliance
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1.25.1 Compliance With Regulations
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The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assigned programs of the Department of
Transportation (hereinafter, “DOT”), Title 9, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred
to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
1.25.2 Nondiscrimination
The Contractor with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, religion, color,
sex, age or national origin in the selection and retention of
subcontractors, including procurement of material and leases of
equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when contract covers a
program set forth in Appendix B of the Regulations.
1.25.3 Solicitations For Subcontracts, Including Procurement Of Materials and
Equipment
In all solicitations either by competitive bidding or negotiation made by
the contractor for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor’s obligations under this contract and the Regulations relative
to nondiscrimination on the grounds of race, religion, color, sex, age or
national origin.
1.25.4 Information and Reports
The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information and
its facilities as may be determined by the Recipient or the Federal Transit
Administration (FTA) to be pertinent to ascertain compliance with such
Regulations, orders and instructions.
1.25.5 Sanctions For Noncompliance
In the event of the Contractor’s noncompliance with the
nondiscrimination provisions of this contract, the Recipient shall impose
such contract sanctions as it or the FTA may determine to be
appropriate, including, but not limited to:
a) Withholding of payments to the Contractor under the
contract until the Contractor complies and/or
b) Cancellation, termination or suspension of the contract, in
whole or in part.
1.25.6 Incorporation of Provisions
The Contractor shall include the provisions of paragraphs 1.25.1 through 1.25.6
of this section in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued
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pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the Recipient or the FTA may direct as a means
of enforcing such provisions including sanctions for noncompliance, provided,
however, that, in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the
Contractor may request the Recipient and the United States to enter into such
litigation to protect the interests of the United States.
1.26 Audit and Inspection of Records
The Contractor shall permit the authorized representative of DDOT, the State of
Michigan, the Comptroller General of the United States or any of their duly authorized
representatives to inspect and audit all data and records of the Contractor relating to its
performance and its subcontracts under this Contract with which Federal or State of
Michigan funds are used from the date of the Contract through and until the expiration of
three years after completion of the Contract.
1.27 Termination of Contract
1.27.1 DDOT, by written notice, may terminate this Contract, in whole or in part without
cause for the convenience of DDOT.
The DDOT shall provide the Contractor with written notice of such termination at least
fifteen (15) days before the effective date of such termination.
If the DDOT exercises the right to terminate this Contract because of conditions which
are beyond the control of DDOT, such termination shall have immediate effect upon
receipt of written notice by the Contractor.
Under the termination provisions of this paragraph, the Contractor shall not incur new
obligations for the terminated portion after the effective date of termination and shall
cancel as many outstanding obligations as possible.
If this Contract contains elements relating to equipment, supplies or service, or
combinations thereof, the Contractor shall immediately submit to DDOT a final invoice
subject to DDOT audit for an amount of the value of work actually performed up to the
effective date of termination plus the allowable portion of the Contractor's profit computed
from the total Contract price. After payment of such sum byDDOT, DDOT shall be under
no further obligation to the Contractor.
Property and equipment for which full payment has been made shall, at the option of the
DDOT, become the property of DDOT. Any drawings, manufacturer's information,
maintenance instructions or other material which are necessary to complete and properly
maintain the work paid for shall be furnished to DDOT by the Contractor. In the case of
termination for conditions which are beyond the control of the DDOT, a cost termination
inventory and independent audit of the project accounts that accurately reflect the actual
costs incurred by the Contractor shall be submitted to DDOT as condition precedent for
payment by DDOT.
If the Agreement is terminated due to the fault of the Contractor, Paragraph 1.27.2 hereof
relative to termination shall apply.
1.27.2. Termination For Cause
If the Contractor shall fail to perform in a timely and proper manner any
obligations under this Contract, or the Contractor shall violate any of the
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covenants, agreements, or stipulations of this Contract, DDOT may consider the
Contractor in default and terminate this Contract. Such termination shall be by
written notice.
Termination in accordance with the above shall not relieve the Contractor of any
liability to the DDOT for damages sustained as a result of any breach of contract
or default by the Contractor. Upon the default of the Contractor and the
termination of this contract, the DDOT may withhold any payments due the
Contractor and apply the same as a set off against damages sustained by the
DDOT as a result of the Contractor's default.
1.28 Energy Conservation
The Contractor shall recognize mandatory standard and policies relating to energy
efficient, which are contained in the State of Michigan’s energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et
seq.).
1.29 Clean Water Requirement
a) The Contractor agrees to comply with applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to
assure notification to the FTA and the appropriate FTA Regional Office.
b) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with federal assistance provided by
the FTA.
1.30 Clean Air Requirement
a) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Sections 7401 et seq.
The Contractor agrees to report each violation to the City and understands and
agrees that the City 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 include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with federal assistance provided by
FTA.
1.31 Toxic Material Removal
The Contractor shall properly identify, package, test, remove, transfer and dispose all
potentially toxic materials including asbestos materials and oil-fired transformers in
compliance with all local, state and federal laws when such removal is required for the
completion of Contact Services hereunder.
1.32 Prohibited Drug and Alcohol Use Prevention
The Federal Transportation Administration has issued regulations entitled PREVENTION
OF PROHIBITED DRUG USE IN TRANSIT OPERATIONS (49 CFR Part 653) and
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PREVENTION OF ALCOHOL MISUSE IN TRANSIT OPERATIONS (49 CFR Part 654).
Contractors who perform safety-sensitive functions are required to comply with these
regulations. The provision of JARC and New Freedom program services is a safetysensitive
function. A written policy must exist which prohibits illegal drug use at all times
by safety-sensitive employees. In addition, alcohol consumption by safety-sensitive
employees is prohibited while performing, and for four (4) hours prior to performing
safety-sensitive functions. Alcohol use after an accident is also prohibited. Furthermore,
tests must be conducted to determine in six (6) specific situations whether employees
have used alcohol or drugs. The procedures and technology to be employed in this
testing are specified in the Department of Transportation’s regulation, PROCEDURES
FOR TRANSPORTATION WORKPLACE DRUG TESTING PROGRAMS (49 CFR Part
40).
A Certificate of Compliance (see form C-1 in section VI of this RFP) shall be attached to
the proposal. Copies of the relevant sections of the Federal Register are available upon
request by contacting DDOT's Financial Business Services Division at (313) 833-0262.
1.33 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 provides 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 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 Article
in all subcontracts that may involve international air transportation.
1.34 Cargo Preference
The Contractor agrees:
a) To utilize privately owned United States-flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separate for dry bulk carriers, dry cargo
liners and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to this contract to the extent such vessels are available at fair
and reasonable rates for United States-flag commercial vessels.
b) To furnish, within 20 days following date of loading for shipments originating with the
United States, or within 30 working days following the date or loading for shipments
originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of-lading in English for each shipment of cargo described in
the paragraph above to the FTA Administrator and the Procuring Agency (through the
prime contractor in the case of subcontractor bills-of-lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration Washington,
D.C. 20230.
c) To insert the substance of the provisions of this Article in all subcontracts issued
pursuant to this Contract
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1.35 Seismic Safety Requirements
The Contractor agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will
certify to compliance to the extent required by the regulation. The Contractor also agrees
to ensure that all work performed under this Contract including work performed by a
Subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
1.36 Recycled Products
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. The Contractor also agrees to flow these requirements down to all
Subcontractor tiers who perform work hereunder.
1.37 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 City, the Director of the Detroit Department of Transportation. This decision shall be
final and conclusive. If within ten (10) business days from the date of Contractor’s receipt
of the City’s final and conclusive decision, the City receives a written appeal from the
Contractor, the City will schedule a hearing within ten (10) business days from receipt of
such appeal. In connection with any such appeal and hearing, the Contractor shall be
afforded an opportunity to be heard and to offer evidence in support of its position.
Unless otherwise directed by the City, including but not limited to termination of any kind,
the Contractor shall continue performance under this Contract while matters in dispute
are being resolved.
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 therefore shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Unless this Contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between DDOT 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 of Michigan.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available hereunder 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 DDOT or the 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 hereunder, except as may be
specifically agreed in writing.
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1.38 Most Favored Customer
The Contractor warrants that the prices charged to the City hereunder are no more than
those charged by the Contractor to other customers of the Contractor for substantially
similar Services under substantially the same terms and conditions. Should the City
believe that the Contractor has defaulted on this warranty, the City shall bring the default
to the Contractor’s attention and the parties may negotiate to reach an equitable
resolution.
1.39 Federal Changes
In accordance with Federal Changes (49 CFR Part 18), Contractor shall at all times
comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Agreement (Form FTA MA (6)
dated October, 1999) between the City 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.
1.40 Assignment
A Contractor shall not assign any Purchase Order or Contract or any monies due there
from without prior approval of the Chief Procurement Officer, the Finance Director, and in
some cases, the City Council.
1.41 Sample Contract
A sample contract is provided in Section V of this Request For Proposals. The sample
contract is intended for guidance and information only. DDOT reserves the right to modify
the sample contract in accordance with final negotiations, or for other reasons. The
Proposer may propose addenda to the sample contract. However, changes required by
such addenda shall be included in the proposal and all cost changes, if any, shall be
included in the proposal price.
1.42 Clearances
The successful Proposer shall comply with the requirements of the Human Rights
Department of the City of Detroit relative to compliance with all Federal and State
legislation and regulations pertaining to fair employment practices. In addition, clearances
from the Income Tax Division and the Property Tax Division of the City of Detroit Finance
Department are required. Forms for the Human Rights Department, the Income Tax
Division, and the Revenue Collections Division are attached to this RFP in section VI of
Proposers Forms. The request for clearances shall be completed and submitted with the
proposal to the DDOT Financial Business Services Division. It is the responsibility of the
Proposer to provide all information required to obtain these clearances.
1.43 Transit Employee Protective Provisions
The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
a) General Transit Employee Protective Requirements
To the extent that FTA determines that transit operations are involved, the Contractor
agrees to carry out the transit operations work on the underlying contract in
compliance with terms and conditions determined by the U.S. Secretary of Labor to
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e fair and equitable to protect the interests of employees employed under this
contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b),
and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto.
These terms and conditions are identified in the letter of qualification from the U.S.
DOL to FTA applicable to the FTA Recipient's project from which Federal assistance
is provided to support work on the underlying contract. The Contractor agrees to
carry out that work in compliance with the conditions stated in that U.S. DOL letter.
The requirements of this subsection (1), however, do not apply to any contract
financed with Federal assistance provided by FTA either for projects for elderly
individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or
for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this clause.
b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individuals and Individuals with Disabilities
If the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee
protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the
state and the public body subrecipient for which work is performed on the underlying
contract, the Contractor agrees to carry out the Project in compliance with the terms
and conditions determined by the U.S. Secretary of Labor to meet the requirements
of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of qualification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas
If the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the
terms and conditions of the Special Warranty for the Nonurbanized Area Program
agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979,
and the procedures implemented by U.S. DOL or any revision thereto.
The Contractor also agrees to include the applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
1.44 Qualifications and Assurances
The Contractor shall comply to all city, state and Federal rules as outlined in this RFP.
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SECTION II
SPECIAL CONDITIONS

2.0 SPECIAL CONDITIONS
2.1 Contract Award
The funding agencies for the project addressed in this RFP include the U.S. Department
of Transportation, the Federal Transit Administration (FTA), the Michigan Department of
Transportation and the City of Detroit. Award of this Contract pursuant to this RFP is
contingent upon the availability of funds.
2.2 lncurrinq Costs
DDOT is not liable for any costs incurred by the Proposers prior to issuance of a Contract
to the successful Proposers. DDOT will be liable only for those costs incurred under the
terms and conditions of this Contract during the Contract term.
2.3 Contract Type
The successful Proposers will be awarded a fixed price Contract for the performance of
the work described herein.
2.4 Prime Contractor Responsibilities and Subcontracting
The selected Contractors shall be required to assume contractual responsibility for all
services, whether or not he/she provides them. Further, DDOT will consider the selected
Contractor to be the sole point of contact with regard to contractual matters, including
payment of any kind and all changes to the Contract.
Any subcontractors to be used must be identified by the Proposers in their proposals. It is
DDOT’s intention to award contracts to Proposers that will perform the majority of the
work themselves.
The Proposers should include: subcontractor name(s), planned work, and budgeted
amount. If any subcontractors are proposed for roles which will be evaluated under
section 3.9, the Proposer shall include all required information from the subcontractors for
these roles (i.e, resumes or descriptions of firms’ experience) in their proposal. Any
subcontractors not identified in the proposal will require written DDOT pre-approval.
2.5 Disadvantaged Business Enterprise Utilization
The Detroit Department of Transportation DBE Program establishes minimum utilization
goals for DBE participation in financially-assisted projects. The DBE minimum utilization
goals for this project are:
DBE – 10 %
All Contractors shall be responsible for making good faith efforts in meeting these goals
and must document efforts accordingly. All DBE firms must complete the appropriate
forms in Section VI and submit them with the proposal.
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DBE REGULATION AND US DOT GUIDANCE
The objectives of 49 CFR Part 26 (26.1) regulation are to:
1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts
in the Department’s program.
2. Create a level playing field on which DBEs can compete fairly for DOT-assisted
contracts.
3. Ensure that the DBE program is narrowly tailored in accordance with applicable law.
4. Ensure that only firms that fully meet this part’s eligibility standards are permitted to
participate as DBEs.
5. Help remove barriers to the participation of DBEs in DOT-assisted contracts.
6. Assist the development of firms that can compete successfully in the marketplace
outside the DBE program.
7. Provide appropriate flexibility to recipients of Federal financial assistance in
establishing and providing opportunities for DBEs.
2.6 Contract Start Date
The implementation of the services required under this contract shall begin within seven
(7) calendar days from the date stipulated in the written Notice to Proceed from DDOT.
All federal and state reporting deadlines supersede any other time frame enumerated
herein and must be met with applicable deliverable reports two weeks prior to such
deadlines.
The Contractor shall have no authority to start work, no payments will be authorized by
the City of Detroit Finance Department nor will the City be liable for reimbursement for
materials purchased or payment for any services rendered by the Contractor prior to the
award of the contract by resolution of the City Council and execution of this instrument by
the Finance Director.
2.6.1 Contract Period
The term of the Contract shall be three (3) years after approval by Detroit City Council.
The Contract may be extended at the sole discretion of DDOT for up to two (2) additional
one-year periods beyond the original term. The pricing for the two additional one year
periods shall be as provided in the contract.
Procurement Schedule*
Release RFP………………………………………...……..……May 31, 2013
Pre-Proposal Conference……………………………..…………June 12, 2013
Proposals Due…………………………………………………….July 2, 2013
Award Recommendation……………..………………….……. July 24, 2013
Contract Approval…………………..…………...…………... September 4, 2013
Notice to Proceed………………………..…………....….… September 11, 2013
*These are tentative dates and are subject to change
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2.7 Availability of Office Space
Upon availability, the successful Contractor may be provided limited work space in order
to conduct and complete this contract. When the Contract is awarded to the successful
Contractor, the Contractor shall inform the DDOT Project Manager of its reasonable
requirements so immediate efforts may be directed toward providing it.
2.8 Monitoring
1. Assignment of Contractor's Personnel
The successful Contractors shall be required to instruct its personnel assigned to
provide JARC and New Freedom Services to maintain a daily log showing, the
names of personnel assigned to the services; managers, drivers, dispatching
personnel, mechanics etc. The log shall be available to the DDOT Project
Manager during all normal work hours.
2. Reporting Requirements
Monthly, the selected Contractor must submit with their invoice the following:
a) Current month's drivers’ trip log
b) Records of missed trips, accidents and customer complaints
c) Vehicle repair log
3. Status Meetings and Contract Records
2.9 Payment Terms
Status meetings will be scheduled as needed. The City, the Michigan
Department of Transportation, the Federal Transit Administration, or any of their
duly authorized representatives, shall have access to any books, documents,
papers and records of the selected Contractor, that are directly pertinent to this
contract, for the purpose of making audit, examination, excerpts and
transcriptions.
The selected Contractor must maintain all required records for three years after
the City makes final payment and all other pending matters are closed.
Payment is to be made on a per trip basis, as described in Sections 3.5.3 (c). During the
Contract period, the Contractor shall submit to DDOT monthly invoices with all required
documentation, which will be used to reconcile invoices from the Contractor. Original
invoices shall be submitted to DDOT's Accounting Division to the attention of the Grants
Accountant and copies of said invoices shall be forwarded to the Project Manager.
Payments will be made within forty-five (45) days of verification and acceptance of the
invoices by DDOT.
The Contractor's invoice shall include:
1. The Invoice Cover Sheet
2. Contract Number
3. Invoice Number
4. Trip Logs for the Billing Period
5. Trip Fee billing for completed trips with Trip Numbers assigned by DDOT
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6. For each billed trip, an indication of whether the trip was for client(s) qualified under
JARC or New Freedom or both.
7. A statement certifying that insurance is current for all vehicles in service under this
contract
8. A statement certifying that all vehicles in service under this contract are in
conformance with the contractual requirements as of the date of the invoice
9. Total Invoice Amount
2.10 Contract Deliverables
Copies of all reports and documents required under the contract must be delivered to the
Project Manager at the time specified in the contract.
2.11 Submission of Proposals
This will be a sealed proposal. There will be no public opening of the proposals and no
other distribution of the proposals shall be made by the Proposer. Proposals must be
signed by an official authorized to bind the Contractor to its provisions.
Proposals must include a statement as to the period during which the proposal remains
valid. For this RFP, the proposal must be valid for at least 120 days. The contents of the
Proposal of the successful Proposer may become contractual obligations, if a contract
ensues, and shall be binding upon the Proposer.
2.12 Performance
Contractor shall perform all work diligently, carefully and in good and professional
manner. Contractor shall obtain and maintain all permits and licenses required by public
authorities in connection with the performance of the work, and, if permitted to
subcontract, shall be fully responsible for all work performed by subcontractors.
Contractor shall conduct all operations in the Contractor's own name and as an
independent Contractor, and not in the name of or agent for DDOT.
2.13 Ownership of Documents
Any documents, reports or data generated by the Contractor in connection with this
project shall become the sole property of DDOT. The Contractor may retain copies of
such items for its files. The Contractor shall not release any documents, reports or data
from this project without prior written permission from DDOT.
2.14 Status of Contractor and Its Employees
For all purposes specified under the terms of this Agreement, the Contractor shall be
considered an independent Contractor and as such, DDOT shall not be liable to the
Contractor for benefits or coverage provided by the Worker's Compensation Law of the
State of Michigan. And further, under the provisions of R.S. 23:1034, no person
employed by the Contractor shall be considered an employee of DDOT for the purpose of
Worker's Compensation coverage.
2.15 Independent Proposal Determination
By the submission of a Proposal, a Contractor certifies that, in connection with the
Proposal:
1. The prices for services and all other details of this offer have been arrived at
independently without consultation, communication or agreement for the purpose
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of restricting competition with any other potential contractor regardless of
whether or not such contractor submits a proposal pursuant to this request for
proposals.
2. Unless otherwise required by law, the prices and all other details of the proposal
have not been and will not be knowingly disclosed by the Contractor or any
member of its organization prior to the awarding and signing of a Contract,
regardless of whether or not such other Contractor submits a proposal pursuant
to this RFP.
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SECTION III
SPECIFIC REQUIREMENTS

3.0 SPECIFIC REQUIREMENTS
3.1 Departmental Overview
DDOT serves as the recipients of receive grant funds from the State of Michigan’s
Specialized Services’ program and the Federal Transit Administration’s Job
Access/Reverse Commute (5316) and Elderly Individuals and Individuals with Disabilities
(5310) programs. In 2008, DDOT assessed Detroit area elderly, disabled, and lowerincome
services and learned that a significant number of these populations transit needs
were going unmet.
DDOT applied for and was approved to receive funds from the FTA’s 5310, 5316, and
New Freedom (5317) grant programs to implement employment and employment related
transportation services to low-income populations both rural and urbanized areas and to
reverse commuters, regardless of income. It is desirable for recipients to consider all
resources and plan for their use in a complementary way. Local transit providers are
expected to participate in the development of a coordinated public transit-human service
transportation plan, which offers a Collection of Programs and Services (COPS) that is
designed specifically to satisfy the area’s unmet needs.
The funding permits a variety of transit providers the opportunity to work collectively
towards enhancing service for local area riders. This effort allows DDOT to produce a
well-coordinated, high quality, and cost-effective service focused on satisfying Detroit
area riders’ transit needs.
For additional information regarding DDOT’s coordination and program management
plans, please visit the following documents noted below on the website
www.RideDetroitTransit.com.
Information regarding the JARC and New Freedom programs as well as the region’s
approach to coordinated human services can be found in these online documents:
• New Freedom Program
(http://www.fta.dot.gov/documents/FTA_C_9045.1_New_Freedom(1).pdf
• Job Access Reverse Commute Program
(http://www.fta.dot.gov/documents/FTA_C_9050.1_JARC(1).pdf
3.2 DDOT’s JARC and New Freedom Programs
DDOT is announcing requests for proposals to provide transportation services under the
FTA’s Job Access and Reverse Commute (JARC) and New Freedom programs. Funds
from these programs will be used to provide transportation services for low-income
workers, senior citizens (or elderly), job-seekers, persons with disabilities, and reverse
commuters, regardless of income. The deadline for proposal submission is Monday, June
24, 2013 no later than 3:00 p.m.
Eligible Proposers are state or local government authorities, private, nonprofit
organizations, or operators of public transportation. Applications will be accepted for
services within DDOT’s designated service area.
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3.3 Purpose and Objectives
DDOT is seeking a target goal of nine (9) transportation providers to perform
transportation services to improve access to transportation services to employment and
employment related activities for welfare recipients and eligible low-income individuals, to
transport residents of Detroit who have reverse commutes to suburban employment
opportunities, regardless of their income, and to provide transportation to elderly
individuals and persons with disabilities. All Proposers are to complete the Transportation
Providers application located in Section IV of in this RFP.
DDOT will not reimburse for any expenses incurred as a result of preparing a proposal.
DDOT recognizes that a high quality operation begins with key personnel; therefore, a
minimum level of required staffing is described below:
The Contractors shall provide service to destinations within the City of Detroit and
surrounding areas.
Contractors shall identify a primary management staff member as the point of contact for
communication with DDOT’s management. This individual shall have a thorough
understanding of the terms and conditions of the Contract, as well as all of the
Contractor’s service operations.
• Contractors shall provide the necessary management and administrative personnel
whose expertise shall ensure trips are performed efficiently
• Contractors shall be solely responsible for the provision of, and satisfactory work
performed by, all of their employees. Contractors will perform a criminal background
check on each job applicant to determine whether the individual is suitable for the job
in which they might be employed.
• Contractors shall comply with the requirements of employee liability, Worker’s
Compensation, employment insurance, Social Security, drug and alcohol testing and
all other applicable local, state and federal laws.
• All Services provided must meet Michigan Department of Transportation (MDOT)
requirements.
• The Contractors shall implement correction actions that improve poor work
performance.
• The Contractors shall ensure that its drivers have accomplished the following before
they perform the Services:
• Are properly licensed in the State of Michigan to provide door-to-door
transportation, and when transporting riders, have a chauffer’s license; when
operating a vehicle weighing more than 26,000 pounds or originally designed to
carry 16 passengers or more (including the driver), drivers must possess a valid
commercial driver’s licenses (CDL)
• Are at least 21 years of age;
• Have been a licensed driver for a minimum of three (3) years;
• Are able to speak and understand English proficiently; a second language skill in
Spanish or Arabic would be helpful;
• Possess a safe driving record as evidenced by:
1. No more than two moving violations during each of the last three (3) years
prior to application for the Services;
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2. Having three (3) full subsequent years with no violations, if license has ever
been revoked.
Under the following circumstances, DDOT will require the Contractor to exclude staff from
performing the Services:
• Safety-sensitive persons who incur driver’s license suspensions or drug and alcohol
violations that warrant the individual’s immediate removal from the Services.
• Occurrences of excessive complaints, rudeness, or other inappropriate behavior or
appearance.
• Three or more valid customer complaints within a rolling 30-day period. In such
cases, the staff member shall be subject to a thirty (30) day suspension period.
During this period, DDOT will evaluate whether the staff member is suitable to return
from suspension.
If, for any of the above reasons or other reasons related to performance of the Services,
the Contractor’s staff member is determined to be unsuitable for performing the Services,
DDOT will notify the Contractor in writing of one or more reasons that the staff member is
considered unsuitable. DDOT may require immediate removal of the unsuitable staff
member by the Contractor in such notice. If DDOT does not require immediate
replacement of the unsuitable staff, within ten (10) days of receipt of such notice, the
Contractor shall present DDOT with a plan for correcting the performance deficiencies
within a thirty-(30) day period thereafter. If DDOT either rejects the plan or the staff
member’s performance deficiencies are not corrected to DDOT’s satisfaction within the
30-day corrective plan period, DDOT shall so notify the Proposer and the Proposer shall
immediately remove the staff member from performing the Services.
UNDER NO CONDITION WILL AN APPLICANT BE ACCEPTED AS A DRIVER FOR
THIS SERVICE IF HE/SHE HAS BEEN CONVICTED OF A DRUG OR ALCOHOL
OFFENSE WITHIN THE PAST FIVE (5) YEARS. DRIVERS WILL ALSO BE SUBJECT
TO ANY APPLICABLE FEDERAL, STATE, OR LOCAL MANDATORY DRUG
TESTING REQUIREMENTS.
The Contractor shall provide the Services in accordance with the terms of the executed
Contract and under the rules, regulations, and supervision of the City.
3.3.1 Service Features
DDOT shall define the parameters that govern the Services and shall ensure that the
Contractor complies. The following sections define the various features of the Services.
3.4 Scope of Services/Technical Specifications/Project Requirements
The City of Detroit Department of Transportation (DDOT) requests proposals to provide
transportation services in accordance with the requirements of this Request For
Proposals. Eligible Proposers shall include private non-profit organizations, state or local
governmental authorities, and operators of public transportation services, including
private operators of public transportation services. Eligible organizations awarded
contracts will perform coordinated transit services for Detroit-area elderly, disabled and
low-income riders, employment and employment-related activities for welfare recipients,
and to transport residents of urbanized areas and non-urbanized areas to suburban
employment opportunities, consistent with DDOT’s coordinated services plan.
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All matters relating to this procurement and its requirements must be addressed directly
and only to: Regina Coleman, Contract Administrator, Purchasing, at the Detroit
Department of Transportation, Financial Business Services Division, Room 201, 1301
East Warren, Detroit, Michigan 48207-1099; telephone no. (313) 833-0262 and Facsimile
no. (313) 833-5339.
3.5 Scope of Services
It is the intent of this Scope of Services to describe DDOT’s requirements and
specifications, for organizations that provide transportation services for eligible riders
including elderly, disabled, and lower-income riders, for employment and employment
related activities, for welfare recipients and to transport residents of urbanized areas and
non-urbanized areas to suburban employment opportunities.
In the provision of these services, contractors will be extended the opportunity to use
passenger vans and vans with wheel chair lifts provided by DDOT. Any such vehicles
may only be used for the services to be provided under this contract. . If a Contractor
elects to used DDOT-owned vehicles , DDOT shall assign its vehicles to the Contractor
under a Vehicle Lease Agreement. All vehicle assignments shall be temporary, since
DDOT will maintain ownership of all such items throughout the term of the Contract.
Assigned vehicles shall be used for only the purposes defined in the Vehicle Lease
Agreement. The Contractor shall pay DDOT a one-time security deposit of $1,500 for
each vehicle.
Proposers are to indicate in their proposals the type and number of vehicles requested.
Proposers are advised that the DDOT vehicle acquisition process may take a number of
months, and that requested vehicles will not be available immediately upon contract
award. At the time vehicles become available, Contractors will be notified. There will be
no charge to the Contractors for use of the vehicles, however, Contractors will be
required to provide insurance for the DDOT vehicles as required under the contract, and
to submit proof of insurance to DDOT with their executed vehicle Lease Agreement.
Contractors will also be required to maintain the vehicles as required in the Lease
Agreement. DDOT anticipates that all Contractors using DDOT vehicles will be paid an
adjusted per trip fee, as described in Section 3.7.2.
DDOT will provide the draft Lease Agreement by addendum.
3.5.1 General Description of Scope of Services
DDOT requires the Contractor to provide transportation services for eligible riders. The
Contractor shall provide all services required in support of transporting individuals to
designated destinations (hereinafter, the “Services”). All services provided by the
Contractor must meet Federal Transit Administration (“FTA”) requirements. Payment
shall be made on a per-trip basis for all trips completed successfully. Disbursement is
based on the Contractor’s ability to perform the services properly.
DDOT will be responsible for overseeing all aspects of the Services, which shall include
vehicle/equipment inspections; ensuring compliance with local, state and federal
requirements; reconciling and benchmarking service quality; implementing the corrective
actions that improve poor performance; and paying the Contractor on a per-trip basis for
services rendered.
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The Contractor shall provide transportation services for individuals meeting the eligibility
requirements of the JARC and New Freedom programs. The Contractor will be
responsible for promoting and providing information about the transportation services
provided under this contract to the public. The Contractor is responsible for identifying
and completing eligibility verifications for its customers. The Contractor shall provide
transportation services for individuals meeting the requirements of the JARC and New
Freedom programs. For each trip, the Contractor shall arrive at the trip’s origin address
and shall transport clients to their selected destinations. The Contractor drivers shall also
collect trip information on his/her Driver’s Trip Log, and then review each log for errors
and completeness. DDOT has the right to review and reconcile (if necessary) these logs.
Payment is contingent upon DDOT’s confirmation that all invoiced in the trip logs have
been completed in accordance with the contract requirements. The Contractor shall meet
all requirements described in this Scope of Services, including, but not limited to, safety,
fares, on-time performance, reporting, billing, insurance coverage, any appropriate
licensing, and other legal requirements.
3.5.2 Detailed Scope of Services
In addition to the duties and responsibilities detailed in this Scope of Services, the
Contractor shall use its best efforts to assist DDOT in meeting its obligations to provide
the highest quality and most efficient service to the public. Changes may be required by
DDOT, from time to time, to meet these requirements or to refine the method of
operation. If any such changes will affect Contractor costs, they will be addressed
through a contract amendment.
The Contractor shall be responsible for all tasks (except those items specifically defined
herein as DDOT responsibilities) including but not limited to:
a) Contractor Responsibilities:
• Operating vehicles that comply with required specifications;
• Maintaining all vehicles in accordance with standards set forth herein;
• Providing a two-way mobile communications system that meets service
performance requirements detailed herein;
• Providing an adequate number of qualified staff to handle all trips.
• Hiring and ensuring training of staff in accordance with the standards set forth
herein;
• Providing on-the-road supervision to ensure that service is performed according
to standards set forth herein;
• Collecting the appropriate fares from riders;
• Recording actual service information (arrival and drop-off times, mileages,
cancellations, no-shows, incidents, etc.)
• Documenting same-day service issues and adding same day notes to the daily
incident log.
• Monitoring performance and insuring corrective action measures as needed.
• Preparing and providing billings and service reports as required by DDOT.
• (Optional) requesting vehicles from DDOT for operating DDOT approved elderly,
disabled, or lower-income client transportation services.
• Obtaining DDOT’s written consent before entering into any subcontract affecting
the Services not identified in the proposal.
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• Ensuring that all data is accurately updated.
• Initial training and periodic retraining of the Contractor’s staff on the Services’
policies and procedures.
• Assuring that drivers and mechanics must have appropriate chauffeurs’ or
commercial drivers license (CDL) per the State of Michigan.
• Ensuring service quality by promptly addressing customer comments and
complaints.
• Providing DDOT with daily Trip Requests identifying the passenger, their pick up
and drop off locations, and for JARC eligible passengers, the employment
information required under Section 3.5.4 (b).
• Providing DDOT personnel with daily monitoring records of no-shows, missed
trips, late cancellations, and service incidents to determine and enforce any
corrective actions, exclusions, reductions or suspensions from the Services.
• Providing information regarding the services to the community.
b) DDOT Responsibilities:
• Establishing service policies and standards, and communicating these to the
Contractor and riders.
• Issuing Trip Numbers for all properly completed Trip Requests submitted by
Contractor.
• Overseeing records of no-shows, missed trips, late cancellations, and service
incidents to determine and enforce any corrective actions, exclusions, reductions
or suspensions from the Services.
• Monitoring the Contractor’s performance and insuring corrective action measures
as needed.
• Assessing penalties for noncompliance.
3.5.3 Service Overview
This Contract defines the requirements that govern the Services and DDOT shall ensure
that the Contractor complies with all requirements of this Contract. During the term of this
Contract, DDOT and the FTA may change its rules, policies or regulations and such
changes may require a change in the Services required under this contract. In such
cases, the City shall notify the Contractor of the change and the Contractor shall comply
with changes to the Services, as required by either DDOT or the FTA. If any such
changes will affect Contractor costs, they will be addressed through a contract
amendment. The following sections define the Services’ requirements.
a) Days and Hours of Operation
Services shall be operated at minimum during hours comparable to DDOT’s fixed route
transit service. Contractors are encouraged to provide services outside of these hours to
better serve their customers.
b) Service Area
To be eligible for these services, customers must be residents of DDOT’s fixed route
service area, as shown on the shaded area of the map provided in Section IV. The
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Contractor may provide trips to destinations within Wayne, Oakland Macomb and
Washtenaw Counties.
c) Fare Structure & Collection
DDOT will compensate Contractors on a per trip basis for all trips provided to eligible
passengers in accordance with the requirements of the contract. The per trip fees are for
the following trip classifications, and will be paid according to the agreed final fee
schedule incorporated in the contract.
Per Trip Fees to be Paid to Contractor
Trip Classification Distance Amount Payable by DDOT
Trip Type A Up to 10 miles Trip A fee
Trip Type B 10‐20 miles Trip B fee
Trip Type C Over 20 miles Trip B fee plus per mile fee
The per trip fee is the exclusive method of payment under this contract. Instructions to
Proposers on how to determine their proposed fees are provided in Section 3.7.2.
Passenger Fares to Be Charged by Contractor
DDOT will set the fare structure and notify the Contractor, in writing, of any fare changes
and the effective date(s).
The following is DDOT’s current fare structure, which includes fares for all elderly,
disabled, and lower-income rider programs applicable to this RFP. The structure
identifies the rider types, client and or PCA (Personal Care Assistant), DDOT’s JARC and
New Freedom programs, and the fares which shall be collected for each client-type and
companions.
CLIENT OF THE PROGRAMS:
FARE
§ JARC $1.50
§ New Freedom $2.50
PCA OF THE AUTHORIZED RIDER: $0.00
The Contractor shall collect the passenger fares as dictated by the Trip Manifest. The
Contractor shall retain all fares collected as partial payment for the trips performed. For
security purposes, the Contractor shall provide a secure method for collecting fares. The
Contractor, and not DDOT, shall be responsible for lost, stolen or missing fares. The
Contractor shall not be paid by DDOT for lost, stolen or missing fares. The Contractor
shall collect all fares prior to moving the vehicle, as DDOT will not pay the Contractor for
fares not paid by the client. All clients are required to board the vehicle with the exact
fare(s), as drivers are not required to make change.
The Contractor and its employees shall not solicit or accept tips, gifts or gratuities of any
kind, no matter what the value. Any employee of the Contractor doing so shall be
excluded from driving or otherwise participating in the Services.
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3.5.4 Operating Policies for Services
a) Client Eligibility Policy:
A client is a person qualified by the Contractor as an eligible rider. The Contractor is
solely responsible for determining riders’ eligibility for the Services. The client eligibility
requirements are provided in the definition section.
b) Trip Assignment and Trip Log Policy
A Trip Manifest and a Trip Log shall be developed by the Contractor, and the Contractor
shall perform all trips according to the approved upon schedule between the passenger
and Contractor. Contractor shall submit daily Trip Requests to DDOT in advance of
providing the transportation services identified on the Trip Request. The Trip Request
shall include the follow information:
• The client’s name
• The client’s residential address, and pick up location
• The trip destination
• The client’s employer or prospective employer
Contractors may combine a set of planned trips onto one Trip Request sheet. Last
minute Trip Requests may be submitted throughout the day. When DDOT receives
properly completed Trip Requests, it will issue individual Trip Numbers for each trip. The
DDOT assigned Trip Numbers must be included with the trip information provided in the
Contractors’ invoices to qualify the trips for payment. DDOT will establish the email or
other processes for submitting Trip Requests and receiving Trip Numbers to selected
Contractors at the time of contract award.
All trip assignments are developed by the Contractor. For each scheduled trip, the
manifest shall include the client’s name, scheduled pick-up or drop-off window, address,
any special rider or directional notes, any applicable appointment or desired drop-off
times, any mobility aids used by the client, and the fare(s) to be collected. The manifest
shall also indicate whether the client qualifies under the JARC or New Freedom or both
programs.
Drivers shall maintain accurate Trip Logs for all trip performances. Each Trip Log shall
contain the driver’s name and the vehicle used. Upon performing each trip assigned to
them, drivers shall record the actual arrival time and location, departure time and
location, and the mileage; and shall record no-shows, cancellations, transferred trips, and
any other changes made to the schedule throughout the day. At the end of each
workday, the Contractor’s drivers shall review his/her Driver’s Trip Log to confirm it is
completed in its entirety, before signing and returning it to the Contractor.
The on-time performance and accurate logging of trips performed is mandatory. Any
employee of the Contractor who fails to do so shall be excluded from driving or otherwise
participating in the Service.
c) Trip Distribution and Coordination Policy
The Contractor will assign trips to its drivers. The method used shall ensure that all
information included on the manifest is accurately communicated to its drivers to record
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on their individual Driver’s Trip Logs. These methods may include, but are not limited to,
calling out each trip request by radio communications to drivers providing service or by
inputting each trip into scheduling software that transmits the data to drivers through preowned
mobile data devices.
The Contractor shall make certain that trip information is accurately communicated to its
staff. The Contractor shall be held accountable for any miscommunications that
negatively affect the quality of service provided to DDOT’s riders.
Under Federal transit law, as amended by SAFETEA–LU, DDOT is required to utilize a
coordinated plan to maximize collective coverage by minimizing duplication of services
provided under the Elderly Individuals and Individuals with Disabilities (Section 5310),
Job Access and Reverse Commute (JARC, Section 5316), and New Freedom (Section
5317) programs.
If over the course of performance of transportation services under this contract, it
becomes apparent to DDOT that different Contractors are regularly providing a
duplication of services (transporting individuals to and/or from the same or similar
locations at the same times), DDOT will work with both Contractors to determine if there
is an equitable way to combine the duplicated trips. For example, if each Contractor had
sufficient multi-passenger vans available, the combined trip(s) could be assigned to each
of the two Contractors on a pre-set rotational basis - such as alternating the trip
assignments between the two Contractors month-by-month.
d) Dispatch Policy
The Contractor shall provide an appropriate dispatch staff to manage the driver check-in
and check-out processes, the assignment of vehicles and trips, and oversee the on-time
performance of trips. All on-the-road service adjustments shall be communicated through
these two groups; which include requests for client courtesy calls, no-show and missed
trip confirmations, advance and late trips cancellations, etc.
The completion of trips shall be confirmed as “performed” or “not performed” by the
Contractor’s Dispatch Center. The Contractor’s dispatch staff shall also keep a daily
incident log in which unusual or extenuating circumstances beyond the driver’s control
that effect trip performance are recorded. The daily incident log shall contain, at
minimum, the date, client ID number, scheduled time periods, and a description of
unusual or extenuating circumstances related to that trip.
If the Contractor is unable to perform an assigned trip, the Contractor shall notify DDOT
within thirty (30) minutes. Frequent missed trip assignments shall cause DDOT to
evaluate the Contractor’s noncompliance with contractual obligations. Each incident that
negatively affects the Contractor’s overall performance may result in the Contractor’s
removal from the Services.
e) Trip Performance Policy
The Contractor’s staff shall act with courteousness, professionalism, and with special
sensitivity for all riders.
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Riders shall be advised by the Contractor to be prepared and at the requested location at
the start of their scheduled pick-up time.
Contractors are encouraged to effectively combine eligible client trips (especially for
longer trips) when possible. However, clients served under this contract may not be
subjected to unreasonably long travel and wait times. Accordingly, the Contractor may
combine client trips, as long as 1) all pickup and drop off locations are within 1 mile of
each other, and 2) all pickups occur within 30 minutes of each other, and all drop-offs
occur within 30 minutes of each other. Contractors may not combine non-eligible
passenger trips that they would perform outside of the scope of services of this contract
with JARC or New Freedom funded trips.
Timeliness of service is important, drivers are to reliably arrive at all assigned pick-up
locations within a +/- 10 minute period before/after the scheduled pick-up time. Early
pick-up arrivals are to be avoided so that clients are not rushed to leave before their
planned pick-up times. Late pick-ups and late drop offs are to be avoided because many
of the trips provided under this contract may be time-sensitive for the clients, for example,
being on time for doctor’s appointments or employment shift times.
If a Contractor determines in advance that they will not have sufficient staff or vehicles
available to provide a specific scheduled trip, it should contact DDOT immediately to
request assistance in re-assigning the trip to another Contractor. However, Contractors
are fully responsible for completing the trips they have committed to provide to their
clients, and DDOT is not responsible for providing or coordinating replacement service.
Contractors who fail to successfully complete trips they have committed to provide to
their clients (whether through using their own staff and vehicles, or arranging for
acceptable substitute service) will be subject to the performance penalties provisions in
Section 3.5.11.
f) Mobility Aid Securement and Use of Seat Belts Policy
All passengers shall be required to wear the provided securement device. Each
passenger seating area shall be equipped with a seat belt and each wheelchair
securement position shall be equipped with a securement device that meets ADA
standards, and a seat belt and shoulder harness. All mobility aids located in the
wheelchair securement area shall be secured using the provided system.
Riders who use wheelchairs shall be offered the use of the shoulder harness, but shall
have the right to refuse its use. Riders who use three-wheeled scooters shall be strongly
encouraged to transfer to a passenger seat. Scooter users shall be permitted to remain
in the scooter, but drivers shall notify dispatchers about the refusal to transfer to a seat.
If a passenger refuses to be secured while transported, the driver shall inform the
passenger of the potential risk of doing so, and shall ask that the passenger signs a
disclaimer to relieve the Contractor and/or DDOT from any liability that might result from
the refusal to be secured. The driver shall immediately report his/her passenger’s refusal
to the Contractor’s Dispatch to ensure the incident is properly logged on the daily incident
log and driver’s trip log.
g) Service Interruptions Policy
In the event of service difficulties, including, but not limited to, inclement weather or
vehicle failures, which result in an interruption of service, the Contractor shall,
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immediately upon notification by the driver or otherwise, define a plan for continuing
service at the earliest possible time to ensure riders are safely transported to their
destinations in a timely manner.
For in-progress trips, the Contractor must be able to dispatch and have a replacement
vehicle underway within 30 minutes of notification from the driver that there has been a
vehicle failure. For scheduled trips where the originally assigned vehicle is not available
due to vehicle failure, the Contractor must be able to dispatch a replacement vehicle so
that the passenger is picked up no later than 30 minutes after their originally scheduled
pick-up time.
The Contractor is responsible for obtaining all notifications of construction work on their
route that would impede their ability to service the client on time. Please see website
www.michigan.gov/mdot or www.twitter.com/mdot_metrodet for details for all construction
projects.
All accidents or incidents associated with the Services (regardless of the severity or
location) shall be reported to DDOT within twelve (12) hours of occurrence. Accidents
involving any injuries are to be reported to DDOT within two (2) hours. The initial report
shall be made by telephone. Written reports shall follow within five (5) working days. A
police report shall be filed immediately by the Contractor for any accident involving
DDOT’s or the Contractor’s vehicles. The Contractor shall obtain a copy of any police
report pertaining to the Services provided on behalf of DDOT and provide the report to
DDOT.
3.5.5 Requirements for Contractor’s Personnel Policies with Respect to the Services
The Contractor shall have personnel policies in effect during the term of the Contract that
comply with all City, State and Federal laws pertaining to JARC and New Freedom
programs.
The Contractor shall have established standards for recruitment and hiring of staff to
perform DDOT-funded Services. These standards shall be submitted in detail to DDOT
for approval. DDOT retains the right to review the Contractor’s personnel policies and the
list of personnel assigned to the Services. Proposed changes in key personnel
incumbents and/or job duties shall be subject to review and approval by DDOT.
The Contractor shall provide the necessary management and administrative personnel
whose expertise shall ensure trips are performed efficiently.
The Contractor shall be solely responsible for the provision of, and satisfactory work
performed by, all its employees. A criminal background check shall be performed by all
Contractors for each job applicant to determine whether the individual is suitable for the
job in which he/she might be employed. The Contractor shall pay all employee and/or
subcontractor wages and benefits, without any additional expense to DDOT. The
Contractor shall comply with the requirements of employee liability, Worker’s
Compensation, employment insurance, Social Security, drug and alcohol testing and all
other applicable local, state and federal laws. DDOT shall have the right to demand
removal from the Services, for reasonable cause, any personnel furnished by the
Contractor.
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The Contractor shall ensure that all personnel of any subcontractor meets the
requirements identified in sections 3.5.5 through 3.5.11.
DDOT recognizes that a high-quality operation begins with key personnel; therefore, the
Contractor’s minimum staffing requirements are described below.
a) Management Staff Requirements
The Contractor shall identify a primary management staff member as the point of contact
for communication with DDOT’s management. This individual shall have a thorough
understanding of the terms and conditions of the Contract, as well as all of the
Contractor’s service operations.
The contact information shall be submitted to DDOT within five (5) days of contract
award.
b) Driver’s Staff Requirements
The Contractor shall ensure that its drivers have accomplished the following before they
perform the Services:
• Undergone DDOT’s driver qualifications process, which includes driver’s license
verifications, criminal background checks, and drug and alcohol violation
screening.
• Are properly licensed in the State of Michigan to provide these types of services,
and possess a chauffer’s license; unless operating a vehicle weighing more than
26,000 pounds or originally designed to carry 16 passengers or more (including
the driver), when drivers must possess a valid commercial driver’s license (CDL)
with a PB endorsement;
• Are at least 21 years of age;
• Have been a licensed driver for a minimum of three (3) years;
• Are able to speak and understand English proficiently; a second language skill in
Spanish or Arabic would be helpful;
• Possess a safe-driving record as evidenced by:
1. No more than two moving violations during each of the last three (3) years
prior to application to provide these Services; and,
2. Having three (3) full subsequent years with no violations, if license has ever
been revoked.
Under no condition shall an applicant be accepted as a driver for this service if he/she
has been convicted of a drug or alcohol offense within the past five (5) years. Drivers
shall also be subject to any applicable federal, state, or local mandatory drug testing
requirements.
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c) Quality Assurance and QA Representative Requirements
The Contractor shall have a sufficient number of road supervisors, one of whom shall be
designated by the Contractor on a daily basis as the primary point of contact for roadrelated
quality assurance issues and to work directly with DDOT’s operational staff to
ensure quality Services.
The Contractor shall also designate an individual who shall be the lead quality assurance
representative for all on-going quality assurance issues. This individual shall have
extensive knowledge in on-the-road service management and shall satisfy the driver and
dispatch requirements specified in section 3.5.4 part d. A minimum of one (1) year’s
experience as a driver and dispatcher, in similar services, is required to fulfill this role.
The Contractor training programs shall be available to DDOT upon its request.
3.5.6 Management, Administrative and Personnel Requirements with Respect to the Services
When providing transportations services, the Contractor and its staff are required to
perform as described below:
a) Professionalism Requirements
The Contractor, its drivers, and other staff shall each maintain a pleasant, courteous, and
professional demeanor, while performing Services. Rudeness or unprofessional
behaviors by anyone shall be considered unacceptable and may result in DDOT’s
request for removal of the individual from the Services.
Drivers are prohibited from using cell phones or texting while driving. However, drivers
may use cell phones with hands free devices when driving, and may use cell phones
once their vehicle is stationary, in the event of a vehicle failure or an emergency.
b) Drivers’ Materials and Supplies Requirements
The Contractor shall ensure that all staff remain in possession of required materials and
supplies while performing Services.
c) Feedback Requirements
Since drivers are the first line out in the field, driver feedback about schedules, customer
needs, vehicle maintenance and working conditions is imperative. The Contractor shall
have on-going processes and procedures, including monthly driver meetings, to
capitalize on driver feedback. DDOT shall be allowed to participate in these meetings.
d) Staff Turnover Requirements
The Contractor shall endeavor to minimize staffing turnovers and retain a high quality
work force to perform the Services.
e) Confidentiality Requirements
Contractors may obtain confidential client information as part of their eligibility verification
and trip scheduling processes. This may include information on their customers’ identity,
residence locations, income and employment. All such information is to be treated as
confidential and maintained in a secured location, such as a locked file cabinet.
Contractor staff that will have access to this information are to be instructed on the
importance of maintaining the confidentiality of the clients’ information, and the processes
SR - 13

to be used to maintain the security of this information. In no event are Contractors
permitted to request client information not required under this contract, such as their
social security numbers, bank account information or credit card information.
The Contractor and its staff shall comply with, and assure the compliance of its
employees with, the information disclosure restrictions and other applicable requirements
of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees
to provide the information to DDOT or the Federal Government in order to obtain the
express consent of the Federal Government before the Contractor or its employees
operate a system of records on behalf of the Federal Government. The Contractor
understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the underlying
Contract.
The Contractor shall also include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part
with Federal assistance provided by FTA.
f) Requirements for Exclusion of Staff with Negative Effects on Services
Under the following circumstances, DDOT shall require the Contractor to exclude staff
from performing the Services:
• Safety-sensitive persons who incur driver’s license suspensions or drug and
alcohol violations that warrant the individual’s immediate removal from the
Services.
• Occurrences of excessive complaints, rudeness, or other inappropriate behavior
or appearance.
• A habitual pattern of arriving late to service trip requests.
• Three or more valid customer complaints within a rolling thirty (30)-day period. In
such cases, the staff member shall be subject to a thirty (30) day suspension
period, while DDOT evaluates whether the staff member is suitable to return to
perform Services.
• Multiple violations for failing to have a valid identification card and window plaque
in his/her possession while performing the Services.
If, for any of the above reasons or other reasons related to performance of the Services,
the Contractor’s staff member is determined to be unsuitable for performing the Services,
DDOT shall notify the Contractor in writing of one or more reasons that the staff member
is considered unsuitable. In such notice, DDOT may require immediate removal of the
unsuitable staff member from performing the Services. If DDOT does not require
immediate removal of the unsuitable staff, within ten (10) days of receipt of such notice,
the Contractor shall present DDOT with a plan for correcting the performance
deficiencies within the following thirty-(30) day period. If DDOT either rejects either the
plan or if the staff member’s performance deficiencies are not corrected to DDOT's
satisfaction, within the 30-day corrective plan period, DDOT shall so notify the Contractor
and the Contractor shall immediately remove the staff member from performing the
Services.
SR - 14

g) Requirements for Exclusion of Staff in Possession of Firearms and Weapons
When working on the Services, the Contractor and its staff may not have firearms or
other weapons in their possession or in vehicles operated in the Services. Any employee
of the Contractor found in violation of this requirement shall be immediately excluded
from participating in the Services.
3.5.7 Drug and Alcohol Policy and Testing Program
Federal Transit Administration (FTA) regulations, “Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations” (CFR Part 655 as amended) and “Procedures
for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40),
require the establishment and implementation of an alcohol misuse and anti-drug
program. Please complete form C-1 in proposal in section VI of this RFP.
3.5.8 Contractor’s Qualification Requirements
The Contractor’s failure to obtain the proper clearances, qualifications, and insurances
shall cause it to be considered non-awardable for a Contract.
3.5.9 Vehicle Requirements
a) In-Service Vehicles
The Contractors must be capable of performing the majority of the services outlined in
this RFP for operating elderly, disabled, or lower-income related services with their own
employees, vehicles and facilities. In all cases, the Contractors shall ensure that its
service vehicles meet all Federal Motor Vehicle Safety Standards (FMVSS), federal and
State of Michigan vehicle design standards, ADA design standards, and other applicable
industry standards.
The Contractor shall equip all vehicles with fire extinguishers, and 10-person minimum
first aid kits that shall include, but not be limited to: a variety of plastic, gauze and fabric
bandages; dressing pads, triangular sling bandage, antiseptic cleansing wipes, first
aid/burn cream, first aid tape, scissors, tweezers, exam gloves suitable for handling
exposure to blood and other bodily fluids and a first aid guide regulation.
The Contractor shall equip each vehicle with placard that contains the driver’s name and
DDOT’s telephone number for purposes of comments or complaints by riders. This
placard must be affixed to the interior of each vehicle in plain sight of the client(s) while
the vehicle is performing a trip under the Contract.
b) Contractor-Owned Vehicles Operated in Services
Prior to operating a vehicle in DDOT–funded Services, the Contractor shall register it with
DDOT by completing and submitting one (1) original DDOT Vehicle Registration form for
each vehicle to be used in Services. The Contractor shall attach to each DDOT
registration form: the vehicle’s State of Michigan registration and its proof of insurance
certificate, as required under Article 10.01 of this Contract. In addition, the Contract shall
provide all permits and Certificates of Authority required to transport passengers within
SR - 15

Michigan, as required by the State of Michigan’s Act 432 of 1982 (the Motor Bus
Transportation Act) and Act 271 of 1990 (the Limousine Transportation Act).
The Michigan Department of Transportation (MDOT) issues Certificates of Authorities to
carriers who meet safety and insurance requirements of the law during the annual vehicle
safety inspection. The Contractor shall confirm its compliance with DDOT annually, by
submitting its updated Certificates of Authority. The Contractor’s failure to comply with
these requirements shall cause its exclusion from Services until compliance is met to
DDOT’s satisfaction or termination of the Contract.
The Contractor shall be responsible for conducting all maintenance, repair, and warranty
work on Contractor-Owned vehicles and the administration of all paperwork with the
dealer, manufacturer or other authorized vehicle facility.
c) Vehicle Cleanliness Requirements
Vehicles used in the Services shall be clean and free of dirt and litter. Drivers and
passengers shall not eat, drink, or smoke in any vehicle used in the Services (except
passengers specifically authorized by DDOT for reasons related to their disability). The
vehicle’s exterior shall remain clean and free of dirt or grime while performing the
Services. Vehicles shall be cleaned daily, with a thorough cleaning and scrubbing of the
full interior at least once per month.
DDOT requires the Contractor to perform a vehicle cleaning process that guarantees the
following for each vehicle used in the Services:
1. Interior/exterior windows free of dust, fingerprints and head prints.
2. Dust-free seats, dashboards, wheel wells, rails, ledges, etc.
3. Interior areas free of dirt paper, gum, debris, liquid spills, graffiti, damage, etc.
4. Exterior areas free of damages, dirt, grime, graffiti, salt residue, etc.
d) Maintenance Requirements
The Contractor shall be responsible for all vehicle maintenance. The Contractor shall
maintain vehicles in such a way as to, at all times, protect the safety of riders and ensure
the most reliable service possible. All maintenance and repairs of vehicles shall be in
accordance with the manufacturer’s specified standards, whether performed by the
Contractor or subcontractors. Maintenance shall be done at times that shall ensure that
vehicles qualified for the Services are available for use in Services. It is not the intent of
this requirement to preclude necessary maintenance during normal hours; it is only to
ensure that the maximum number of vehicles shall be available for service during the
service day.
The Contractor shall comply with all OSHA regulations. The Contractor shall dispose of
any hazardous waste generated by its operation in compliance with all E.P.A. and State
of Michigan regulations. The Contractor shall comply with all State Storm Water Runoff
Act requirements under the Federal Clean Water Runoff Act. The Contractor shall ensure
that all mechanical parts and material meet or exceed O.E.M. specifications.
DDOT, or its designee, may inspect the vehicles at any time, unannounced and
announced, either at the Contractor's location or while the vehicle is in service. If, in the
SR - 16

opinion of DDOT, a vehicle does not meet DDOT safety standards, has failed to be
maintained or inspected in accordance with the manufacturer’s specified standards, it
may be "red tagged." A vehicle that has been "red tagged" shall not go into Services
and/or shall be immediately removed from the Services. A "red tagged" vehicle shall not
be released for service until such time as the problems associated with it have been
rectified by the Contractor and verified by DDOT. At no time may vehicles be placed into
service in unsafe condition, or with broken or cracked windows, non-functional major
systems, such as heating, air conditioning or lighting, major leaks or smoking exhaust, or
loose or dragging components.
e) Preventive Maintenance Requirements
Preventive maintenance shall be performed or obtained by the Contractor in accordance
with manufacturer recommendations for all vehicles and after-factory systems and
subsystems. A comprehensive preventive maintenance program shall be established that
ensures compliance with all manufacturer’s recommendations, but which, at a minimum,
ensures that a complete preventive maintenance inspection (PMI) shall be performed on
each vehicle at no more than 6,000 mile intervals. The 6,000 mile window shall not be
exceeded. The Contractor shall establish a window of 1,000 miles prior to the 6,000 mile
limit to ensure the interval is not exceeded (not less than 5,000 or more than 6,000 miles
between PMIs).
Preventive maintenance reports shall be kept in the individual vehicle file as reference for
future PMIs. PMI reports are subject to change by DDOT when necessary.
A vehicle shall not be placed in the Services if it has traveled more than 6,000 miles since
the last Preventive Maintenance Inspection. If a vehicle has not met preventive
maintenance standards, it shall be removed from the Services, resulting in a reduction in
the number of trips assigned to the Contractor.
The Contractor shall use quality materials when doing any repairs to the vehicles. The
lubricants used shall meet or exceed the manufacturers’ standards.
f) Vehicle Inspection Requirements
The Contractor shall ensure that all vehicles are inspected in accordance with State of
Michigan and federal DOT requirements.
g) Fuel, oil and other lubricants and fluids Requirements
The Contractor shall be solely responsible for providing all fuel, oil, and other lubricants
and fluids used while providing the Services.
3.5.10 Communication Equipment & Software Requirements
a) Dedicated Email Accounts and Contact Lists Requirements
The Contractor shall provide DDOT with email addresses for the Contractor’s staff
member who will be responsible for communicating effectively and receiving essential
reports and other documentation. At least one (1) alternate email address shall be given
for each, in case there are problems with sending to the primary address.
SR - 17

) Two-Way Mobile Radio System Requirements
The Contractor shall provide a two-way radio communications system capable of
maintaining reliable communication with all vehicles/drivers in the Services. The radio
system shall be designed to have a minimum 95/95 performance (95% coverage 95% of
the time). Results of an acceptance test documenting the system’s performance shall be
provided to DDOT following installation of the system.
3.5.11 Performance Requirements with Resulting Performance Penalties or Service Exclusions
a) The Contractor’s quality of service, as reflected in the eight (8) performance
requirements detailed in this Section is very important. Therefore, the Contractor shall
meet all stated performance requirements, as its failure to do so shall result an
assessment of penalties against the Contractor; and may also require the implementation
by the Contractor of corrective actions or termination of the Contract by DDOT.
DDOT reserves the right to make unannounced visits to the Contractor’s facilities to
inspect records, vehicles, and equipment relating to safety and quality of service. Such
inspections shall include, but are not limited to, trip records, billing records, accident
records, vehicle records, training procedures, employee training and performance
records.
The Contractor and DDOT agree that the amount of actual damages caused by the
Contractor because of the failure to meet a specific performance requirement would be
difficult to calculate precisely, but that the sums set forth in this section for each failure by
the Contractor to meet a performance requirement represents a reasonable
approximation of such damages. This provision is intended by the parties to compensate
the City in the event of the Contractor's failure to meet a performance requirement, not to
penalize the Contractor, and shall not be intended to bar the City from recovering actual,
consequential damages or from seeking other legal or equitable remedies for other
breaches of this Contract.
When DDOT assesses performance penalties against the Contractor, DDOT shall reduce
the amount paid for a future invoice by the amount of performance penalties. This
assessment of performance penalties may occur for up to one (1) year after DDOT
becomes aware of any failure by the Contractor to perform in accordance with this
Section. If performance penalties are going to be assessed, DDOT shall notify the
Contractor, in writing, of the Contractor’s specific failure to perform in accordance with
this Section, before DDOT reduces the amount paid for an invoice.
The performance requirements that the Contractor must meet or exceed are set forth
below. The consequence(s) of the Contractor’s failure to meet each performance
requirement are set forth under each performance requirement. This includes failed
corrective actions or performance penalties.
SR - 18

1. On-Time Performance Requirement
DDOT’s goal is for 95% of all pick-ups to be on-time and 95% of all drop-offs to be
on-time.
Consequence of Failure to Meet Accidents and Incidents Requirement
Performance Penalties
A Contractor’s failure to maintain the 95% on time standards for pick-ups and dropoffs
for three (3) consecutive months shall cause DDOT to reduce the amounts owing
to the Contractor by 5% for each of these months. If the Contractor continues to fail
to maintain the 95% on time standards for pick-ups and drop-offs for additional
consecutive months immediately following the initial three months, DDOT will reduce
the amounts owing to the Contractor by 10% for each of these additional months.
2. Missed Trip Requirements
All missed and Early/Late trip occurrences negatively affect the Contractor’s
performance and shall be documented in the Contractor’s performance file.
Missed Trip: Occurs when the Contractor fails to transport a client for one of the
following reasons:
a. Never Arrived: The Contractor never arrived at a scheduled pick-up address
to transport the client;
b. Late Arrivals: The Contractor arrived late to a scheduled pick-up address
and the client was not present or refused the late trip; or
c. Unauthorized No-Shows: The Contractor recorded unauthorized No-Show
violations on a driver’s Trip Log, without first receiving DDOT’s approval to
assess a No-Show violation against the client, and departed the pick-up
location without the client.
Early/Late, but Transported Trip: Occurs when the Contractor still transports a client
even after one of the following has occurred:
a. Early Arrivals: The Contractor arrived at the scheduled pick-up address
sixteen (16) minutes, or more, before the start of a client’s pick-up window,
and still transported the client;
b. Late Arrivals: The Contractor arrived at the scheduled pick-up address
sixteen (16) minutes, or more, after the end of a client’s pick-up window, and
still transported the client; or
c. Late Appointment Arrivals: The Contractor arrived at the scheduled drop-off
address sixteen (16) minutes, or more, after an identified appointment time,
but still transported the client.
Adequate documentation of circumstances outside of the Contractor’s control that
caused the “Missed” and/or “Early/Late, but Transported” trip may be included in the
Contractor’s Daily Incident Log, and could, at DDOT’s sole discretion, result in the
determination that a trip was not missed or Early/Late. Situations outside the control
of the Contractor may include extreme weather, extreme traffic delays, vehicle
SR - 19

eakdown (unless it is determined that required preventive maintenance has not
been performed on the vehicle involved), and vehicle accidents in which the
Contractor was not to any extent at fault.
Consequence of Failure to Missed and Early/Late, but Transported Trip
Requirements
Contractors invoices shall be reduced by the amount of two (2) per trip fees for each
missed trip in a billing period and one (1) per trip fee for each Early/Late trip in a
billing period. The fee classification used for these deduction shall be the appropriate
per trip fee for the type of trip as originally scheduled.
3. Driver’s Trip Log and Manifest Requirement
The Contractor is expected to complete 100% of all information required for each trip
on the manifests and on each driver’s Trip Log.
Consequence of Failure to Meet Manifest and Drivers Trip Log Requirements
Performance Penalties
Performance penalties equal to the per-trip rate for a Type A trip designated by the
Contractor shall be deducted from the Contractors invoice for each day that there are
incomplete manifest entries. Performance penalties equal to the per-trip rate for a
Type A trip designated by the Contractor shall be deducted for each day for each
driver who has incomplete Trip Log entries. No more than 15 such deductions will be
made by DDOT for a given month.
4. Complaint Response Requirement
The Contractor is expected to have not more than one (1) valid complaint for every
1,000 one-way passenger-trips provided.
Contractor must respond to customers issues and concerns with five (5) business
days. Complaints received by DDOT may be forwarded to the Contractor for
investigation. If forwarded, the Contractor shall thoroughly investigate the complaint
and provide a detailed response of findings, along with proposed corrective actions,
within five (5) business days of receipt.
Consequence of Failure to Meet Complaint Response Requirement
Performance Penalties
The Contractor’s failure to respond with three (3) business days shall result in
performance penalties equal to $50 per incident, per day, for every day beyond the
first (3) days that the Contractor has to respond.
5. Accidents and Incidents Requirement
The Contractor is expected to have not more than one (1) preventable accident for
every 100,000 vehicle-miles of service provided.
All accidents or incidents associated with the Services (regardless of the severity or
location) shall be reported to DDOT within twelve (12) hours of occurrence.
Accidents involving any injuries are to be reported to DDOT within two (2) hours. The
SR - 20

initial report shall be made by telephone. Written reports shall follow within five (5)
working days. A police report shall be filed immediately by the Contractor for any
accident involving DDOT’s or the Contractor’s vehicles. The Contractor shall obtain a
copy of any police report pertaining to the Services provided on behalf of DDOT and
provide the report to DDOT.
Consequence of Failure to Meet Accidents and Incidents Requirement
Performance Penalties
If the Contractor fails to report an accident or incident to DDOT within the required
period identified above, the Contractor may be charged $500.00 per occurrence, per
day, that the report is late for accidents/incidents that did not involve passenger injury
and $5,000.00 per accident/incident, per day, for occurrences that did involve a
passenger injury. After 3 days of failure to report, the contract is subject to
termination.
6. Staff’s Qualification Requirement
The Contractor is expected to have not more than four (4) staff qualification violations
within a twelve (12) month period.
The Contractor shall ensure that its staff has met all qualifications set forth in this
Scope of Services. Qualifications include, but are not limited to, undergoing the
appropriate training, being in consistent possession of all DDOT issued identification
cards and plaques, complying with drug, alcohol and drivers’ licensing requirements,
etc.
Consequence of Failure to Meet Staff’s Qualification Requirement
Performance Penalties
The Contractor may be assessed $1,000.00 per staff, per day, commencing the day
the driver was placed in the Services without the necessary qualifications, if an audit
or inspection by DDOT, or an authorized agent, documents that an individual was in
violation of the qualifications set forth in this Contract. Upon DDOT’s request, the
individual shall be immediately removed from the Services and shall not be permitted
to participate again until DDOT is satisfied that the individual is properly qualified
and/or has been properly trained.
7. Vehicle Maintenance Requirement
The Contractor is expected to have not more than eight (8) improper vehicle
maintenance violations within a twelve (12) month period.
The Contractor shall ensure that vehicles used for the services to be provided under
this contract are maintained in accordance with the contract requirements. Major
body damage to vehicles shall be reported to DDOT immediately. Minor body
damage shall be reported to DDOT within twelve (12) hours of occurrence. If a
vehicle is in service with body damage, the Contractor shall provide proof that there
is a reason the vehicle could not be immediately repaired. DDOT may order that a
vehicle be immediately removed from the Services, if it fails to meet any of the
required standards.
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To facilitate customer service and improve vehicle life, vehicles shall remain clean
and free from body damage (other than minor scratches). If vehicles are inspected
by DDOT staff and found not in compliance with these requirements, written notice
shall be served. If the Contractor does not bring its vehicles up to standard within 30
days, the Contractor may be subject to liquidated damages.
Consequence of Failure to Meet Vehicle Maintenance Requirement
Performance Penalties
Performance Penalties equal to $100.00 may be deducted from the Contractor’s
invoice for each review by DDOT, or an authorized agent of DDOT, that finds
vehicles not to have been maintained according to the requirements described herein
or within the Vehicle Assignment Agreement (VAA). All such vehicles shall also be
taken out of the Services until deficiencies have been corrected and DDOT approves
the vehicle for Services.
8. Uniform Dress and Appearance Requirement
The Contractor is expected to have not more than twelve (12) uniform dress and
appearance violations within a twelve (12) month period.
The Contractor shall require a uniform, which conveys a professional image, to be
worn by all drivers when operating a vehicle in-service. The selected uniform shall
be of like quality to those worn by DDOT’s drivers. For example, a uniform may
consist of dark color trousers, light color shirt and a dark color outer garment.
The Contractor shall see that drivers’ uniforms remain in good repair and do not
appear old or worn out. Uniforms that are not in good repair shall be replaced at no
additional cost to DDOT. DDOT may require all drivers to have new uniforms should
appearances not meet the defined standard. Drivers shall follow the grooming and
appearance standards listed below:
• Uniforms shall be neat, clean and pressed, and in good condition and proper fitting.
All shirts/blouses shall be tucked in and only the top button may be left unbuttoned;
• Hair and beards shall be clean and neatly trimmed;
• Black shoes or boots, leather or synthetic leather, soft or hard sole, shall cover the
foot completely and shall be in good repair, polished and cleaned;
Consequence of Failure to Meet Uniform and Appearance Requirement
Performance Penalties
Performance Penalties equal to $25 per driver, per occurrence, shall be deducted from
the Contractor’s invoice for each on-street inspection by DDOT, or an authorized agent of
DDOT, which documents that the driver is out of uniform or wearing dirty or damaged
uniform. If three (3) occurrences occur for the same driver, within a six-month period,
DDOT shall notify the Contractor and the driver shall be excluded from performing further
trips.
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3.5.12 Performance Monitoring and Benchmarking
On a monthly basis, DDOT shall evaluate each Contractor’s performance based on the
requirements of Section 3.5.11.
3.5.13 Data Collection and Reporting Requirements
The Contractor shall provide reports as detailed by DDOT in this Contract. The
Contractor shall also provide DDOT with additional information and with ad hoc reports
requested by DDOT during the term of the Contract.
At a minimum, the Contractor shall provide the following reports:
a) Staffing Roster
The Contractor shall maintain a current roster of the staff members qualified to perform
the Services, which includes the individual’s name, date of birth, and valid driver’s license
number. The Contractor’s updated roster shall be submitted to DDOT monthly and/or
each time a staff member is added to or removed from the workforce assigned to perform
DDOT’s Services. This list shall be used by DDOT for the on-street spot inspection of
drivers and to confirm compliance with other performance requirements. The name, date
of birth, and valid driver’s license number of any new employee shall be reported to
DDOT within two (2) weeks of starting employment.
DDOT shall reconcile the Contractor’s roster with DDOT’s records to ensure that DDOT
maintains up-to-date files on each of the Contractor’s staff members.
b) Vehicle Roster
The Contractor shall maintain a list of all vehicles registered with DDOT for use in the
Services. This list shall include the following information about each vehicle: the make
and model, date of manufacture, seating capacity, vehicle identification number (VIN),
fleet number, and current mileage. On a monthly basis, DDOT shall reconcile this list
with DDOT’s roster.
The Contractor shall maintain a separate file for each DDOT registered vehicle, which
shall include a complete maintenance and repair history, inspection and licensing
information, and documentation of the same.
c) Vehicle Maintenance Records
The Contractor shall submit a monthly log of all repairs performed on the vehicles used
for this Contract to DDOT, and must keep all supporting receipts for DDOT to review
upon request.
d) Bundled Driver’s Trip Logs
The Contractor shall ensure that all drivers’ Trip Logs are collected for each day of
service. The Contractor shall also ensure that each log is completed in its entirety before
bundling the day’s logs and attaching the daily incident log.
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e) National Transit Database Reporting (NTD)
The Federal Transit Administration (FTA) requires DDOT to report annually specific
operating, performance and vehicle data as a condition of federal funding. To comply with
FTA requirements, the Contractor shall provide the information required, in a timely
manner, for DDOT to complete the NTD reporting. DDOT shall notify the Contractor, in
writing, of the required information and the due date for such information.
f) Local, State, and Federal Reporting
The Contractor shall maintain all operational records consistent with the FTA’s policies
for record handling. Such records include trip manifest, driver’s trip logs, dispatch
records, billing records, accident reports, and any other paper or magnetic records
relating to the operation of the Services. These records shall be surrendered, on
demand, and at no additional cost, to DDOT.
g) Record Retention and Inspection
The Contractor shall maintain all required operational and financial records, Including
required reports, as well as original data collection forms (including completed driver’s trip
logs, incident reports, accident reports, timesheets, etc.), for three (3) years after final
payment and all other pending matters are closed.
The City of Detroit, the Michigan Department of Transportation, the FTA or any of their
duly authorized representatives, shall have access to any books, documents, papers and
records of the Contractor, which are related to the Services.
3.5.14 Service-Related Meetings
Service-related status meetings shall be scheduled by DDOT as needed. The Contractor
shall attend such meetings. DDOT anticipates monthly meetings shall be held for,
among other topics, discussing current or potential service problems and proposed
solutions. The Contractor shall also attend quarterly meetings of DDOT’s Local Advisory
Council (LAC), as requested by DDOT. These meetings serve to maintain open and
frequent communications between DDOT, the transit riders and the Contractor.
Occasionally, additional meetings may be required, particularly during the beginning of
the Contract. Unless otherwise notified, a representative from the Contractor’s
management, or another employee with decision-making authority, shall attend all
meetings.
3.6 Submission of Proposals
Proposals, with a cover letter, must be submitted by the date and time specified in the
RFP cover letter. The responsibility of proposal delivery is solely that of the Proposer,
notwithstanding delays resulting from postal handling or any other reason.
3.7 Content of Proposals
Proposals should be prepared simply and economically, providing a straightforward,
concise description of the Proposer's capabilities to satisfy the requirements of the RFP.
Submission of technical literature, display charts, or other supplemental materials are the
responsibility of and within the discretion of Proposers. DDOT shall not be liable for any
expense incurred in the preparation of proposals.
SR - 24

3.7.1 Technical Proposal
A. History of Firm
Provide a brief synopsis of the organization including when and where
incorporated, major business activities, prior business activities, financial
information and officers of the organization/firm.
B. Work Approach
Provide a detailed description of your technical plan for fulfilling the required
objectives and tasks as outlined in this RFP.
Include the following in this description:
1. A statement of understanding of DDOT’s goals and the service requirements to
which this RFP is addressed.
2. A work plan for providing each function necessary to deliver the required
services. Specific functions to be described include your firm’s approach to
overall management, client eligibility validation and confidential information
management, dispatching, scheduling, road supervision, and maintenance
management. Other elements of the approaches and methods your firm uses
to provide transportation services that you believe will enhance your ability to
provide the services required under this contract should also be described.
3. A description of the public outreach and marketing plan that your firm will use
to inform potential clients of the service offerings.
4. A description of your firm’s approach to customer service.
5. A description of your firm’s approach to safety as it applies to vehicle
management, and driver training and management.
6. Your expected interface with DDOT staff.
7. Any anticipated problems with the work required under this RFP, and your
proposed alternative solutions.
C. Firm Capabilities
1. Describe your vehicle fleet. Proposers are required to have a minimum of five
(5) vehicles that will be capable of meeting all of the contract requirements in
order qualify for a contract award under this RFP.
2. Describe the facilities you use to manage and provide transportation services.
3. Describe any equipment and or software programs you use that you believe will
enhance your ability to provide the required services.
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D. Experience of the Firm
Indicate previous experience and responsibilities of the firm relevant to the
objectives and tasks outlined in this RFP
Please include the following information:
1. Describe the firm’s experience providing transportation services; including the
time the firm has been in the transportation business, the types of service
provided, and other pertinent information that will help DDOT understand your
firms’ capability to provide the required services
2. Describe the firm’s experience providing services under federal or state
programs.
3. Describe your safety record.
4. Describe your customer satisfaction record. This may include both individuals
and government entities for which you have provided services.
5. Provide the names and telephone numbers of three (3) references from firms
that will confirm your proven ability to perform the Scope of Services outlined in
this RFP.
E. Experience of Personnel
Indicate experience and responsibilities of all personnel to be assigned to provide
the services required under this contract. Included should be the following:
1. By functional classification, provide the names and titles of all personnel in
the Staff tables included in the Transportation Providers Application form in
Section IV.
2. Provide resumes and any other information detailing the experience and
qualifications of all management personnel to be assigned to this project.
F. Additional lnformation and Comments
Include any other information that is believed to be pertinent, but not specifically
asked for elsewhere in this RFP.
G. Proprietary Information
DDOT recognizes that there may be elements of the technical information
considered proprietary. The Proposer shall identify any specific information or
design detail that is proprietary. Mark clearly and prominently each and every
page or sheet of such materials with "PROPRIETARY" as it determines to be
appropriate.
DDOT will endeavor to protect such information and design details against
unnecessary disclosure. Under no circumstances, however, will DDOT be
responsible or liable to the Proposer or any other party for the disclosure of such
labeled material.
SR - 26

H. Page Limit
Technical Proposal – shall be limited to no more than 100 single-sided or fifty
(50) double-sided pages.
I. Language Requirements
3.7.2 Cost Proposal
All language in the Proposal shall be in English (U.S. terminology). All
documents, conferences, letters, faxes and technical information shall be
prepared, conducted, or offered solely in English. Dimensions on drawings must
include U. S. units. It is not necessary to revise existing drawings to replace
metric units with U. S. units. All critical data or text on drawings which will be
relevant to the evaluation process must be translated into English. If a
discrepancy exists between U. S. and metric units, the U. S. units shall govern.
Each Proposer shall submit a cost proposal showing its proposed per trip rates for the
following types of trips in Column 3:
A. For vehicles owned by Proposer:
1 2 3
Trip Classification Distance Proposed Trip Fee:
Trip Type A Up to 10 miles $ __
Trip Type B 10-20 miles $ __
Trip Type C Over 20 miles Trip B fee plus $__ per mile
B. If Proposer elects to use vehicles provided by DDOT:
1 2 3
Trip Classification Distance Proposed Trip Fee:
Trip Type A Up to 10 miles $ __
Trip Type B 10-20 miles $ __
Trip Type C Over 20 miles Trip B fee plus $__ per mile
Because the per trip fees will be the exclusive method of payment under this contract,
Proposers need to determine how to allocate their costs on a per-trip basis. The
proposed per-trip fees should reflect both the direct costs of a trip (such as driver staff
hourly pay, and the fuel required for the trip) and indirect costs and earnings (including
costs such as management staff, vehicles, maintenance, and insurance). Proposers
SR - 27

should take the fares to be collected from clients identified in Section 3.5.3 into account
when determining their proposed per trip fees.
Per Trip Fees for DDOT Owned Vehicles
It is DDOT’s expectation that Proposers electing to use DDOT provided vehicles would
be able to propose lower per trip fees for trips made using these vehicles, as there will be
no costs charged to the Proposers for the acquisition and use of these vehicles.
Per Trip Fees for Different Fleet Vehicles and Rider Types
Proposers have the option of proposing one set of trip fees that will be applied across
their full fleet of vehicles, or proposing the above per trip fees for each different type of
vehicles they will use in service. Proposers may also submit different proposed per trip
fees for different types of riders, such as ambulatory and non-ambulatory. If a Proposer
elects to propose different costs for different types of vehicles in its fleet and/or different
types of riders, the tables above should be repeated in the cost proposal, with specific
identification of the particular type of vehicle or rider the pricing in each table included in
the proposal will apply to.
Per Trip Fees for Option Years
Proposers have the option of proposing one set of per trip fees that will apply during the
maximum five year term allowed under this contract, as provided in Section 2.3, or
proposing fees for the initial three year period, and different fees for option years four and
five. If Proposers elect to propose different fees for years four and five, the per trip fees
for the initial three year term shall be included in the proposal as described above. The
fees for years four and five need to be shown in the cost proposal on per trip fee tables
using the same format provided above, however, these tables need to be clearly
identified in the cost proposal as being applicable only to years four and five, should
DDOT elect to extend the contract beyond the initial 3-year period.
Cost Proposal Evaluation
The proposed per trip fees will be evaluated as described in Section 3.9.
3.7.3. Proposal Submission
Proposals shall be submitted with a cover letter in three parts:
Part I - Technical Proposal
Part 2 - Cost Proposal
Part 3 - Proposer’s Forms
The proposal shall designate a single representative with whom the City shall
communicate regarding the proposal and contract negotiations, if any.
An electronic copy, in either MS Word 2003 or Acrobat.pdf, and seven (7) hard copies of
the Technical Proposal and Cost Proposal shall be provided. One (1) original set and one
(1) copy of all Proposer’s Forms and Clearance Requests Forms, identified in Section ‘VI’
of this RFP shall be provided. Each Part shall be separately packaged and sealed. The
SR - 28

documents in each Part of the proposal (other than the forms) should contain the
proposing firm’s name or other identifying information in the header or footer.
The Technical Proposal package shall be clearly marked "TECHNICAL PROPOSAL –
PROJECT T-2782".
The Cost Proposal package shall be clearly marked "COST PROPOSAL – PROJECT T-
2782".
The package of Proposer’s Forms shall be clearly marked "PROPOSER’S FORMS –
PROJECT T-2782".
Any color materials included with the proposal shall be easily photocopied and clearly
readable in black and white. All language used in the proposal and any exhibits shall be
English (U.S. terminology).
DDOT will not accept proposals by facsimile, e-mail or any other electronic means,
except where specifically requested.
The entire proposal shall be submitted in a sealed package and shall be clearly marked
"PROPOSAL FOR PROJECT T-2782.
The complete Proposal shall be submitted in accordance with the cover letter of this RFP.
3.8 Evaluation of Proposals
Overview
An Evaluation Committee will be appointed by DDOT to participate in the review and
evaluation of all submitted proposals. DDOT evaluation team members may also make
site visits to Proposer’s facility. Proposals will first be reviewed on a pass/fail basis for
responsiveness to the specifications and requirements of the RFP, including instructions
governing submission and form. Any non-conforming or incomplete proposals will be
disqualified unless DDOT determines, in its sole discretion, that non-compliance is not
substantial or that an alternative proposed by the Proposer is acceptable.
DDOT will then score all proposals that meet the initial pass criteria. DDOT will first
evaluate the Proposers’ technical and cost proposals. The Proposers whose technical
and cost proposal scores are within the competitive range established by DDOT for
technical and cost proposals will be invited to participate in scored interviews.
DDOT is not bound to award contracts to all firms scoring within the competitive range, it
may be the case that DDOT determines that the combined capabilities of an undefined
number of the highest scoring firms will be sufficient to provide the required services, and
DDOT may determine that making awards to additional firms would unnecessarily add to
DDOT’s administrative and management cost burdens.
SR - 29

Evaluation Phases
The evaluation will be conducted in five (5) phases:
• Phase 1: Evaluation of Proposal Requirements
Scoring Procedures and Description: Proposal Requirements Pass/Fail
• Phase 2: Evaluation of Technical Proposals and Reference Checks
Scoring Procedures and Description: Technical Proposal (50 Points
maximum)
• Phase 3: Evaluation of Cost Proposal (30 points maximum)
• Phase 4: Interviews with Firm and proposed Key Management Staff of
Proposers whose Technical and Cost Proposal evaluation scores from
Phase 2 and Phase 3 are within the competitive range established by DDOT.
Scoring Procedures and Description: Firm and Key Management Staff
Experience/Demonstrated Capabilities (20 points maximum)
• Phase 5: Final Score Weighting and Recommendation to Award
*Compilation of Evaluation Committee members evaluation
*Detroit City Council Approval
Phase 1: Proposal Requirements
The purpose of this phase is to determine whether each proposal package is sufficiently
responsive to the RFP to permit its complete evaluation.
Proposals will be evaluated by the Evaluation Committee to determine if they comply with
the instructions to Proposers listed within the RFP.
Scoring Procedures and Description: Proposal Requirements Pass/Fail
Proposals that have been determined by the Evaluation Committee to be sufficiently
responsive to all criteria as detailed within the RFP proposal sections listed above will
receive a “pass” score and will move onto Phase 2 scoring.
Proposals receiving a “fail” score on any criterion may be rejected by the Evaluation
Committee. The Evaluation Committee, however, reserves the right to request
clarification or compliance from a Proposer receiving a “fail” score, and may adjust the
pass/fail score based on subsequent explanatory information submitted by the Proposer.
Proposers may only explain the content of their proposals, no new information or material
may be provided by Proposers after the proposal due date.
The following are examples of deficiencies in a proposal that the Evaluation Committee
may determine to be material and to render the proposal a score of “fail”.
• Fails to Satisfy Objectives The transportation service capabilities and offerings
presented in the proposal are not sufficient to satisfy the objectives of the RFP.
• Material Deficiencies The proposal contains deficiencies that are so material as to
preclude any possibility of correcting the proposal except through major modifications
or revisions.
SR - 30

• Addendum Not Acknowledged The Proposer fails to acknowledge receipt of an
addendum to the RFP.
Phase 2: Technical Proposals and References Checks
The purpose of this phase is to measure the merits of the technical components of the
proposal against the evaluation criteria.
Evaluation Committee members will independently review each submitted Technical
proposal and assign a score for each of the evaluation criteria.
The other portion of this phase is to verify and substantiate the firm’s capabilities– in
terms of the company as a whole as well as the qualifications and experience of the
proposed key management staff.
The evaluation of a Proposer’s past performance is a key evaluation factor of the
Proposer’s ability to perform the Contract successfully.
The Evaluation Committee’s approach in evaluating past performance will include
contacting no less than three (3) references supplied by each Proposer as required and
detailed within the RFP.
Phase 3: Cost Proposal Evaluation
The purpose of this phase is to evaluate the reasonableness of the Proposers’ per trip
fees as they relate to the work approach, firm capabilities and other elements described
in the Proposer’s Technical Proposal.
Scoring Procedures and Description: Evaluation Committee members will
independently score each Proposer’s Cost Proposal. Higher scores will be given to
Proposers who offer to provide better value services for their proposed per trip fees.
Phase 4: Interviews with Firm Owners and Proposed Key Management Staff
After the completion of the Technical and Cost Proposal scoring, DDOT will invite one or
more of the highest scoring Proposer finalists to demonstrate their qualifications,
experience and project approach before the Evaluation Committee in an interview setting.
The purpose of this phase is to evaluate the firm’s capabilities and experience as well as
the experience and qualifications of key personnel proposed to provide JARC/New
Freedom program Services. The Evaluation Committee may also ask the Proposer to
respond any questions about their proposals, and to explain any information requiring
clarification obtained through the Past Performance – Reference Check process.
DDOT considers the qualifications and experience of key personnel to be important
evaluation factors. Interviews will allow the Evaluation Committee to determine the
proposed key personnel members’ depth of knowledge in critical areas including, but not
limited to: customer service approach and responses to public transportation scenario
based questions.
SR - 31

The Evaluation Committee has the right to independently research and verify all
statements made by the Proposer during the interview process and may contact any or
all references or agencies referred to by the Proposer during the interview proceedings.
Scoring Procedures and Description: Agency and Key Management Staff
Experience/Demonstrated Capabilities
Evaluation Committee members will independently assign a score using the same
Criteria against which Technical Proposals were scored, based on the responses
provided in the interviews.
Phase 5: Final Score Weighting and Recommendation to Award
The DDOT Purchasing Division Manager will compile the final scores of the Proposers
invited to participate in the interview phase.
Final award recommendation is based on the point total achieved by Proposers as
depicted on the Final Proposer’s Score Summary Worksheet.
The final scores and recommendation to award will be presented to the Director of
DDOT.
Upon completion of final scoring, a “Recommendation of Award” letter shall be mailed to
the selected Proposers.
3.9 Proposal Evaluation Criteria
DDOT will evaluate and score the proposals and interviews according to the criteria listed
below:
Evaluation Criteria
The proposed approaches and methods to be used to
provide transportation services and customer service
The vehicles, facilities and equipment offered to provide
the required services
Maximum Score
Technical
Interview
Proposal
10 4
10 4
The Proposer’s background, experience and safety record 10 4
The proposed driver training plan, safety approach,
vehicle maintenance approach performance monitoring
and quality control program
10 4
Proposed DBE participation 10 4
The reasonableness of the proposed per trip fees as they
relate to the level of services offered by the Proposer
Cost Proposal
30
SR - 32

3.10 Method of Award
A. DDOT’s Evaluation Committee charged with the responsibility of evaluating the
received proposals. Evaluation points will be assigned based on the criteria listed
above. Each proposal will be ranked in sequence, from the highest to the lowest.
B. DDOT reserves the right, in its sole discretion, to accept the proposal or proposals
most advantageous to DDOT without further discussion or negotiation, or to reject all
or any of the proposals. DDOT reserves the right to negotiate on the entire proposal,
as submitted, or at the sole discretion of the DDOT, to delete individual tasks deemed
not in the City’s best interest and negotiate on the remaining portions of the proposal.
C. DDOT reserves the right, in its sole discretion, to enter immediately into negotiations
with any selected Proposer, or to enter into negotiations with multiple selected
Proposers. Either the single selected Proposer, or the multiple selected Proposers,
may be provided with an opportunity to amend its proposal, and then submit a Best
And Final Offer (BAFO). Once submitted, the Proposer may not withdraw or modify a
BAFO, except as requested by DDOT. As appropriate, DDOT may review and
amend the ranking of any Proposer that submits a BAFO.
D. A formal Notice of Intent to Award a Contract shall be sent to the successful
Proposers, together with a contract for signature. As a condition for contract award,
upon receipt of the Notice of Intent to Award a Contract, Proposers will need to
submit a current staff roster, and vehicle roster showing the vehicles for which the
selected Proposer has initiated the vehicle registration process described in Section
3.5.9(b).
E. Following receipt by DDOT of the signed contract, and all other submittals, and
completed forms required by this Request For Proposals, the negotiated contract, the
recommendations of the Evaluation Committee, and other recommendations will be
presented for contract approval by various City of Detroit departments and the Detroit
City Council, and execution of the contract instrument by the City Purchasing
Director.
F. After execution of this instrument, a formal, dated, Notice to Proceed (NTP) will be
issued to the Contractor.
3.11 Not Used
3.12 Not Used
3.13 Project Management
To provide for continued interface and discussion between DDOT and the selected
Contractor(s), a policy committee consisting of representatives from the appropriate
DDOT divisions will meet on a regular basis to discuss all progress on this project. The
successful Proposer(s) shall direct all information, requests, questions, billings and other
matters pertaining to this project to:
Michael Stanbrough, Project Manager
Detroit Department of Transportation
1301 East Warren Avenue
SR - 33

Detroit MI 48207
Telephone Number: (313) 833-9647
Fax Number: (313) 833-5493
3.14 Not Used
3.15 Contract Amendments
3.15.1 The City may consider it in its best interest to change, modify or extend a
covenant, term or condition of this Contract or require the Contractor to perform
Additional Services that are not contained within the Scope of Services as set forth in
Exhibit A. Any such change, addition, deletion, extension or modification of Services may
require that the compensation paid to the Contractor by the City be proportionately
adjusted, either increased or decreased, to reflect such modification. If the City and the
Contractor mutually agree to any changes or modification of this Contract, the
modification shall be incorporated into this Contract by written Amendment.
3.15.2 Compensation shall not be modified unless there is a corresponding modification
in the Services sufficient to justify such an adjustment. If there is any dispute as to
compensation, the Contractor shall continue to perform the Services under this Contract
until the dispute is resolved.
3.15.3 No Amendment to this Contract shall be effective and binding upon the parties
unless it expressly makes reference to this Contract, is in writing, is signed and
acknowledged by duly authorized representatives of both parties, is approved by the
appropriate City Departments and the City Council, and is executed by the Purchasing
Director.
3.15.4 The City shall not be bound by Unauthorized Acts of its employees, agents, or
representatives with regard to any dealings with the Contractor and any of its Associates.
3.16 Contract Close-out and Final Payment
At the end of the contract term, DDOT will notify Contractor of the Contract Close-Out
date. No additional trips are to be scheduled after notification.
Final Payment may be made to the Contractor upon receipt of a properly completed final
invoice, the return of all leased vehicles, and receipt of any outstanding documentation
that may be required under the contract.
SR - 34

SECTION IV
TRANSPORTATION
PROVIDERS APPLICATION

Company Name:
Mailing Address:
TRANSPORTATION PROVIDERS APPLICATION
COMPANY INFORMATION
Street City State Zip
Contact Person:
Contact Details:
Total years providing transportation services:
Primary area of service ( ) Detroit Area ( )Suburban Areas ( ) other
Certifications, Clearances & Requirements
By selecting the options that apply for the following items, tell weather your agency currently has the following certifications
Human Rights Clearance ( ) Yes ( ) No ( ) In Process
Income Tax Clearance ( ) Yes ( ) No ( ) In Process
Revenue Collection Clearance ( ) Yes ( ) No ( ) In Process
Conducts a Federal Drug/ Alcohol Testing Program ( ) Yes ( ) No ( ) In Process
Disadvantaged Business Enterprise (DBE) ( ) Yes ( ) No ( ) In Process
EXISTING FUNDING SOURCES
By selecting all options that apply, and entering the respective funding amounts. Tell weather your agency is currently funded by any of the following
sources/programs:
SOURCE MONTHLY FUNDING SOURCE MONTHLY FUNDING
( ) Human Services ( ) Employment
( ) Insurance Related ( ) State/Federal Grants
( ) Elderly ( ) Other
***MAKE ADDITIONAL COPIES, AS NEEDED***
TPA - 1

PROGRAMS OF INTEREST
By selecting all those apply from the following items, identify the programs that your agency has interest in providing under service.
DAYS AND HOURS OF OPERATION ( ) JARC ( ) NEW FREEDOM
LIST THE DAYS, AND DURING WHICH HOURS YOUR AGNECY IS AVAILABLE TO PROVIDE THE SERVICE SELECTED ABOVE
SELECT EACH DAY, THEN ENTER THE START AND END TIMES FOR EACH, BEFORE ENTERING THE DAILY TOTAL HOURS OF AVAILABILITY
DAY: ( ) SUN ( ) MON ( ) TUE ( ) WED. ( ) THUR ( ) FRI ( ) SAT
Start time (a.m)
Start time (p.m)
End time (a.m.)
End time (p.m.)
TOTAL HOURS ______ HRS. ______ HRS. ______ HRS. ______ HRS. ______ HRS. ______ HRS. ______ HRS.
EXCLUSIONS: (List any days and/or holidays on which service will not be provided)
TPA - 2

EXISTING STAFF
For each of the following staffing categories list the total number of individuals your agency will commit to perform the services. of each categories total, further
identify the total number of full- and/or part-time participants
STAFF CATEGORY QUANTITY #OF FULL-TIME #OF PART TIME
MANAGEMENT
DRIVERS
MAINTENANCE
ROAD SUPERVISION
SCHEDULERS
ANTICIPATED STAFF
If planning to increase your agency’s staff to improve your ability to perform. Identify your anticipated staff levels by entering the total number of individuals
planned for each staffing category. Of each category’s total, further identify the total number of full- and/or part-time participants, and your expected timeline for
filling the positions
STAFF CATEGORY QUANTITY #OF FULL-TIME #OF PART TIME
MANAGEMENT
DRIVERS
MAINTENANCE
ROAD SUPERVISION
SCHEDULERS
***MAKE ADDITIONAL COPIES, AS NEEDED***
TPA - 3

VEHICLE FLEET
EXISTING VEHICLES & QUANTITIES
Provide a list of your agency’s current fleet of vehicles by entering the quantity of each of the vehicle types that your company owns. Enter N/A if your company does not have any
vehicles in a vehicle type category listed below.
For each type of vehicle, further identify the total number that is wheelchair lift accessible and the number of vehicles falling into each odometer reading mileage category.
Proposers are required to have a minimum of five (5) vehicles that will be able to meet the contract requirements in order to qualify for contract award.
Vehicle Type
Total
Quantity
With Lifts Number of vehicles with 0 to 100,000
miles on odometer
Number of vehicles with 100,001 to
200,000 miles on odometer
Number of vehicles with over 200,000
miles on odometer
Sedan car
Mini- Van
12- Passenger Van
15- Passenger Van
Small Bus
Mid-Size Bus
Other
REQUESTED VEHICLES & QUANTITIES
Identify your agency’s need for additional vehicles, should any become available through DDOT for use. Enter the
total number of your vehicle request in the table below. Then select the anticipated types, enter the quantities for
each and identify total number of wheelchair lifts required.
Vehicle Type Requested Quantity With Lifts
( ) 12- Passenger Van
( ) 15- Passenger Van
( ) Small Bus
( ) Mid-Size Bus
( ) Other
***MAKE ADDITIONAL COPIES, AS NEEDED***
TPA - 4

COMMUICATIONS EQUIPMENT QUANTITIES
COMMUNICATIONS EQUIPMENT & SCHEDULING TOOLS
Provide a brief overview of your agency’s current communications and scheduling utilities,
Select all that apply and include details for each
EQUIPMENT/UTILITY QUANTITY TYPE AND DESCRIPTION
***MAKE ADDITIONAL COPIES, AS NEEDED***
TPA - 5

Staff Registration Form
Company:
STAFF NAME: POSITION DOB DRIVER’S
LICENSE#
EXPIRATION DATE Drug tested Violations
TPA - 6

SAMPLE
CONTRACT

SERVICES CONTRACT
BETWEEN
CITY OF DETROIT, MICHIGAN
AND
_______________________________________________
CONTRACT NO.
_____________________________
1

CONTRACT PROVISIONS
Article 1. Definitions................................................................................................................1
Article 2. Engagement of Contractor .......................................................................................3
Article 3. Contractor's Representations and Warranties ..........................................................5
Article 4. Contract Effective Date and Time of Performance..................................................6
Article 5. Data to Be Furnished Contractor .............................................................................6
Article 6 Personnel and Contract Administration...................................................................7
Article 7. Compensation ..........................................................................................................8
Article 8. Maintenance and Audit of Records………………………………………………..9
Article 9. Indemnity ...............................................................................................................10
Article 10. Insurance................................................................................................................12
Article 11. Default and Termination........................................................................................14
Article 12. Assignment ............................................................................................................18
Article 13. Subcontracting .......................................................................................................18
Article 14. Conflict of Interest .................................................................................................19
Article 15. Confidential Information .......................................................................................20
Article 16. Compliance with Laws ..........................................................................................21
Article 17. Amendments ..........................................................................................................21
Article 18. Fair Employment Practices....................................................................................22
Article 19. Notices ...................................................................................................................22
Article 20. Proprietary Rights and Indemnity..........................................................................23
Article 21. Force Majeure ........................................................................................................25
Article 22. Waiver....................................................................................................................25
Article 23. Miscellaneous ........................................................................................................26
Signature Page ...............................................................................................................................28
Exhibit A—Scope of Services
Exhibit B—Fee Schedule

CITY OF DETROIT
PROFESSIONAL SERVICES CONTRACT
This Professional Services Contract (“Contract”) is entered into by and between the
City of Detroit, a Michigan municipal corporation, acting by and through its ________________
(name of department)
Department ("City"), and ___________________________________, a ___________________
(name of contractor)
(state of the union)
________________________________________, with its principal place of business located at
(form of business, e.g. corporation, LLC)
_________________________________________________________________ ("Contractor").
(complete address)
Recitals:
Whereas, the City desires to engage the Contractor to render certain technical or
professional services ("Services") as set forth in this Contract; and
Whereas, the Contractor desires to perform the Services as set forth in this Contract; and
Accordingly, the parties agree as follows:
Article 1.
Definitions
1.01 The following words and expressions or pronouns used in their stead shall be construed
as follows:
"Additional Services" shall mean any services in addition to the services set forth in
Exhibit A that are related to fulfilling the objectives of this Contract and are agreed upon
by the parties by written Amendment.
1

"Amendment" shall mean modifications or changes in this Contract that have been
mutually agreed upon by the City and the Contractor in writing and approved by the City
Council.
"Associates" shall mean the personnel, employees, consultants, subcontractors, agents,
and parent company of the Contractor or of any Subcontractor, now existing or
subsequently created, and their agents and employees, and any entities associated,
affiliated, or subsidiary to the Contractor or to any subcontractor, now existing or
subsequently created, and their agents and employees.
"City" shall mean the City of Detroit, a municipal corporation, acting through the office
or department named in the Contract as contracting for the Services on behalf of the City.
"City Council" shall mean the legislative body of the City of Detroit.
"Contract" shall mean each of the various provisions and parts of this document,
including all attached Exhibits and all Amendments, as executed and approved by the
appropriate City departments or offices and by the City Council.
"Contractor" shall mean the party that contracts with the City by way of this Contract,
whether an individual, sole proprietorship, partnership, corporation, or other form of
business organization, and its heirs, successors, personnel, agents, employees,
representatives, executors, administrators and assigns.
"Exhibit A" is the Scope of Services for this Contract and sets forth all pertinent data
relating to performance of the Services.
"Exhibit B" is the Fee Schedule for this Contract and sets forth the amount of
compensation to be paid to the Contractor, including any Reimbursable Expenses, and
any applicable hourly rate information.
"Records" shall mean all books, ledgers, journals, accounts, documents, and other
collected data in which information is kept regarding the performance of this Contract.
2

"Reimbursable Expenses" shall mean only those costs incurred by the Contractor in the
performance of the Services, such as travel costs and document reproduction costs, that
are identified in Exhibit B as reimbursable.
"Services" shall mean all work that is expressly set forth in Exhibit A, the Scope of
Services, and all work expressly or impliedly required to be performed by the Contractor
in order to achieve the objectives of this Contract.
"Subcontractor" shall mean any person, firm or corporation, other than employees of the
Contractor, that contracts with the Contractor, directly or indirectly, to perform in part or
assist the Contractor in achieving the objectives of this Contract.
"Technology" shall mean any and all computer-related components and systems,
including but not limited to computer software, computer code, computer programs,
computer hardware, embedded integrated circuits, computer memory and data storage
systems, whether in the form of read-only memory chips, random access memory chips,
CD-ROMs, floppy disks, magnetic tape, or some other form, and the data retained or
stored in said computer memory and data storage systems.
"Unauthorized Acts" shall mean any acts by a City employee, agent or representative that
are not set forth in this Contract and have not been approved by City Council as part of
this Contract.
"Work Product" shall mean the originals, or copies when originals are unavailable, of all
materials prepared by the Contractor under this Contract or in anticipation of this
Contract, including but not limited to Technology, data, studies, briefs, drawings, maps,
models, photographs, files, records, computer printouts, estimates, memoranda,
computations, papers, supplies, notes, recordings, and videotapes, whether such materials
are reduced to writing, magnetically or optically stored, or kept in some other form.
Article 2.
Engagement of Contractor
2.01 By this Contract, the City engages the Contractor and the Contractor hereby agrees to
faithfully and diligently perform the Services set forth in Exhibit A, in accordance with
the terms and conditions contained in this Contract.
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2.02 The Contractor shall perform in a satisfactory manner as shall be determined within the
sole and reasonable discretion of the City. In the event that there shall be any dispute
between the parties with regard to the extent, character and progress of the Services to be
performed or the quality of performance under this Contract, the interpretation and
determination of the City shall govern.
2.03 The Contractor shall confer as necessary and cooperate with the City in order that the
Services may proceed in an efficient and satisfactory manner. The Services are deemed
to include all conferences, consultations and public hearings or appearances deemed
necessary by the City to ensure that the Contractor will be able to properly and fully
perform the objectives as set forth in this Contract.
2.04 All Services are subject to review and approval of the City for completeness and
fulfillment of the requirements of this Contract. Neither the City's review, approval nor
payment for any of the Services shall be construed to operate as a waiver of any rights
under this Contract, and the Contractor shall be and will remain liable in accordance with
applicable law for all damages to the City caused by the Contractor's negligent
performance or nonperformance of any of the Services furnished under this Contract.
2.05 The Services shall be performed as set forth in Exhibit A, or at such other locations as are
deemed appropriate by the City and the Contractor for the proper performance of the
Services.
2.06 The City and the Contractor expressly acknowledge their mutual understanding and
agreement that there are no third party beneficiaries to this Contract and that this Contract
shall not be construed to benefit any persons other than the City and the Contractor.
2.07 It is understood that this Contract is not an exclusive services contract, that during the
term of this Contract the City may contract with other firms, and that the Contractor is
free to render the same or similar services to other clients, provided the rendering of such
services does not affect the Contractor’s obligations to the City in any way.
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Article 3.
Contractor's Representations and Warranties
3.01 To induce the City to enter into this Contract, the Contractor represents and warrants that
the Contractor is authorized to do business under the laws of the State of Michigan and is
duly qualified to perform the Services as set forth in this Contract, and that the execution of
this Contract is within the Contractor's authorized powers and is not in contravention of
federal, state or local law.
3.02 The Contractor makes the following representations and warranties as to any Technology
it may provide under this Contract:
3.03
(a) That all Technology provided to the City under this Contact shall perform according
to the specifications and representations set forth in Exhibit A and according to any
other specifications and representations, including any manuals, provided by the
Contractor to the City;
(b) That the Contractor shall correct all errors in the Technology provided under this
Contract so that such technology will perform according to Contractor’s published
specifications;
(c) That the Contractor has the full right and power to grant the City a license to use the
Technology provided pursuant to this Contract;
(d) That any Technology provided by Contractor under this Contract is free of any
software, programs or routines, commonly known as "disabling code," that are
designed to cause such Technology to be destroyed, damaged, or otherwise made
inoperable in the course of the use of the Technology;
(e) That any Technology containing computer code and provided under this Contract is
free of any known or reasonably discoverable computer program, code or set of
instructions, commonly known as a “computer virus,” that is not designed to be a part
of the Work Product and that, when inserted into the computer’s memory: (i)
duplicates all or part of itself without specific user instructions to do so, or (ii) erases,
5alters or renders unusable any Technology with or without specific user instructions
to do so, or (iii) that provide unauthorized access to the Technology and
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(f)
That all Technology shall be delivered new and in original manufacturer’s packaging
and shall be fully warranted for repair or replacement during the term of this Contract as
amended or extended.
(g)
That any Technology that it is provided to the City shall:
(1) Accurately recognize and process all time and date data including, but not
limited to, daylight savings time and leap year data, and
(2) Use accurate same-century, multi-century, and similar date value formulas
in its calculations, and use date data interface values that accurately reflect
the correct time, date and century.
Article 4.
Contract Effective Date and Time of Performance
4.01 This Contract shall be approved by the required City departments, approved by the City
Council, and signed by the City’s Purchasing Director. The effective date of this
Contract shall be the date upon which the Contract has been authorized by resolution of
the City Council. The term of this Contract shall terminate on ___________________.
4.02 Prior to the approvals set forth in Section 4.01, the Contractor shall have no authority to
begin work on this Contract. The Finance Director shall not authorize any payments to
the Contractor, nor shall the City incur any liability to pay for any services rendered or to
reimburse the Contractor for any expenditure, prior to such award and approvals.
4.03 The City and the Contractor agree that the commencement and duration of the
Contractor's performance under this Contract shall be determined as set forth in Exhibit
A.
Article 5.
Data To Be Furnished Contractor
5.01 Copies of all information, reports, records, and data as are existing, available, and
deemed necessary by the City for the performance of the Services shall be furnished to
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the Contractor upon the Contractor's request. With the prior approval of the City, the
Contractor will be permitted access to City offices during regular business hours to obtain
any necessary data. In addition, the City will schedule appropriate conferences at
convenient times with administrative personnel of the City for the purpose of gathering
such data.
Article 6.
Contractor Personnel and Contract Administration
6.01 The Contractor represents that, at its own expense, it has obtained or will obtain all
personnel and equipment required to perform the Services. It warrants that all such
personnel are qualified and possess the requisite licenses or other such legal
qualifications to perform the services assigned. If requested, the Contractor shall supply
a résumé of the managerial staff or consultants it proposes to assign to this Contract, as
well as a dossier on the Contractor's professional activities and major undertakings.
6.02 The City may interview the Contractor's managerial staff and other employees assigned
to this Contract. The Contractor shall not use any managerial staff or other employees to
whom the City objects and shall replace in an expedient manner those rejected by the
City. The Contractor shall not replace any of the personnel working on this Contract with
new personnel without the prior written consent of the City.
6.03 When the City deems it reasonable to do so, it may assign qualified City employees or
others to work with the Contractor to complete the Services. Nevertheless, it is expressly
understood and agreed by the parties that the Contractor shall remain ultimately
responsible for the proper completion of the Services.
6.04 The relationship of the Contractor to the City is and shall continue to be that of an
independent contractor and no liability or benefits, such as workers' compensation,
pension rights or liabilities, insurance rights or liabilities, or other rights or liabilities
arising out of or related to a contract for hire or employer/employee relationship shall
arise or accrue to either party or either party's agent, Subcontractor or employee as a
result of the performance of this Contract. No relationship other than that of independent
contractor shall be implied between the parties or between either party’s agents,
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employees or Subcontractors. The Contractor agrees to indemnify, defend, and hold the
City harmless against any claim based in whole or in part on an allegation that the
Contractor or any of its Associates qualify as employees of the City, and any related costs
or expenses, including but not limited to legal fees and defense costs.
6.05 The Contractor warrants and represents that all persons assigned to the
performance of this Contract shall be regular employees or independent contractors of the
Contractor, unless otherwise authorized by the City. The Contractor’s employees’ daily
working hours while working in or about a City of Detroit facility shall be the same as
those worked by City employees working in the facility, unless otherwise directed by the
City.
6.06 The Contractor shall comply with and shall require its Associates to comply with all
security regulations and procedures in effect on the City’s premises.
Article 7.
Compensation
7.01 Compensation for Services provided shall not exceed the amount of
_________________ Thousand and 00/100 Dollars (_____________.____), inclusive of
expenses, and will be paid in the manner set forth in Exhibit B. Unless this Contract is
amended pursuant to Article 16, this amount shall be the entire compensation to which
the Contractor is entitled for the performance of Services under this Contract.
7.02 Payment for Services provided under this Contract is governed by the terms of Ordinance
No. 42-98, entitled "Prompt Payment of Vendors," being Sections 18-5-71 through 18-5-
79 of the 1984 Detroit City Code.
The City employee responsible for accepting performance under this Contract is:
(Name)
(Title)
(Address)
Detroit, Michigan
Telephone: (313)
Facsimile: (313)
(ZIP Code)
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The City employee from whom payment should be requested is:
(Name)
(Title)
(Address)
Detroit, Michigan
Telephone: (313)
Facsimile: (313)
(ZIP Code)
Article 8.
Maintenance and Audit of Records
8.01 The Contractor shall maintain full and complete Records reflecting all of its operations
related to this Contract. The Records shall be kept in accordance with generally accepted
accounting principles and maintained for a minimum of three (3) years after the Contract
completion date.
8.02 The City and any government-grantor agency providing funding under this Contract shall
have the right at any time without notice to examine and audit all Records and other
supporting data of the Contractor as the City or any agency deems necessary.
(a)
The Contractor shall make all Records available for examination during normal
business hours at its Detroit offices, if any, or alternatively at its facility nearest
Detroit. The City and any government-grantor agency providing funds for the
Contract shall have this right of inspection. The Contractor shall provide copies
of all Records to the City or to any such government-grantor agency upon request.
(b)
If in the course of such inspection the representative of the City or of another
government-grantor agency should note any deficiencies in the performance of
the Contractor's agreed upon performance or record-keeping practices, such
deficiencies will be reported to the Contractor in writing. The Contractor agrees
to promptly remedy and correct any such reported deficiencies within ten (10)
days of notification.
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(c)
Any costs disallowed as a result of an audit of the Records shall be repaid to the
City by the Contractor within thirty (30) days of notification or may be set off by
the City against any funds due and owing the Contractor, provided, however, that
the Contractor shall remain liable for any disallowed costs exceeding the amount
of the setoff.
(d)
Each party shall pay its own audit costs. However, if the dollar amount of the
total disallowed costs, if any, exceeds three percent (3%) of the dollar amount of
this Contract, the Contractor shall pay the City's audit costs.
(e)
Nothing contained in this Contract shall be construed or permitted to operate as
any restriction upon the powers granted to the Auditor General by the City
Charter, including but not limited to the powers to audit all accounts chargeable
against the City and to settle disputed claims.
8.03 The Contractor agrees to include the covenants contained in Sections 8.01 and 8.02 in
any contract it has with any Subcontractor, consultant or agent whose services will be
charged directly or indirectly to the City for Services performed pursuant to this Contract.
Article 9.
Indemnity
9.01 The Contractor agrees to indemnify, defend, and hold the City harmless against and from
any and all liabilities, obligations, damages, penalties, claims, costs, charges, losses and
expenses (including, without limitation, fees and expenses for attorneys, expert witnesses
and other consultants) that may be imposed upon, incurred by, or asserted against the
City or its departments, officers, employees, or agents by reason of any of the following
occurring during the term of this Contract:
(a)
Any negligent or tortious act, error, or omission attributable in whole or in part to
the Contractor or any of its Associates; and
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(b)
Any failure by the Contractor or any of its Associates to perform their obligations,
either express or implied, under this Contract; and
(c)
Any and all injury to the person or property of an employee of the City where
such injury arises out of the Contractor’s or any of its Associates performance of
this Contract.
9.02 The Contractor shall examine all places where it will perform the Services in order to
determine whether such places are safe for the performance of the Services. The
Contractor undertakes and assumes all risk of dangerous conditions when not performing
Services inside City offices. The Contractor also agrees to waive and release any claim
or liability against the City for personal injury or property damage sustained by it or its
Associates while performing under this Contract on premises that are not owned by the
City.
9.03 In the event any action shall be brought against the City by reason of any claim covered
under this Article 9, the Contractor, upon notice from the City, shall at its sole cost and
expense defend the same.
9.04 The Contractor agrees that it is the Contractor's responsibility and not the responsibility
of the City to safeguard the property that the Contractor or its Associates use while
performing this Contract. Further, the Contractor agrees to hold the City harmless for
any loss of such property used by any such person pursuant to the Contractor's
performance under this Contract.
9.05 The indemnification obligation under this Article 9 shall not be limited by any limitation
on the amount or type of damages, compensation, or benefits payable under workers'
compensation acts or other employee benefit acts.
9.06 The Contractor agrees that this Article 9 shall apply to all claims, whether litigated or not,
that may occur or arise between the Contractor or its Associates and the City and agrees
to indemnify, defend and hold the City harmless against any such claims.
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Article 10.
Insurance
10.01 During the term of this Contract, the Contractor shall maintain the following
insurance, at a minimum and at its expense:
TYPE
AMOUNT NOT LESS THAN
(a) Workers' Compensation Michigan Statutory minimum
(b) Employers' Liability $500,000.00 minimum each disease
$500,000.00 minimum each person
$500,000.00 minimum each accident
(c) Commercial General Liability $1,000,000.00 each occurrence
Insurance (Broad Form
$2,000,000.00 aggregate
Comprehensive)
(d)
For automobiles that are not used as transport vehicles under this Contract:
Automobile Liability Insurance
(covering all owned, hired and
personal and property protection
insurance, including residual
liability insurance under Michigan
no fault insurance law)
$1,000,000.00 combined single limit
for bodily injury and property damage
(e)
For vehicles used to transport DDOT clients:
Auto Liability Insurance: with
coverage for “Owned,” “Non-Owned,”
and “Hired Autos” and personal and
property protection insurance,
including residual liability insurance
under Michigan no fault insurance
law:
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• Seating capacities of 1 to 9
including the driver:
• Seating capacities of 10 to 15
including the driver:
• Seating capacities of 16 or more
including the driver:
$2,000,000 combined single
limit for bodily injury and
property damage.
$3,000,000 combined single
limit for bodily injury and
property damage.
$5,000,000 combined single
limit for bodily injury and
property damage.
10.02 The commercial general liability insurance policy shall include an endorsement naming
the "City of Detroit" as an additional insured. The additional insured endorsement shall
provide coverage to the additional insured with respect to liability arising out of the
named insured’s ongoing work or operations performed for the additional insured under
the terms of this Contract. The commercial general liability policy shall state that the
Contractor's insurance is primary and not excess over any insurance already carried by
the City of Detroit and shall provide blanket contractual liability insurance for all written
contracts.
10.03 Each such policy shall contain the following cross-liability wording: “In the event of a
claim being made hereunder by one insured for which another insured is or may be
liable, then this policy shall cover such insured against whom a claim is or may be made
in the same manner as if separate policies had been issued to each insured hereunder.”
10.04 All insurance required by this Contract shall be written on an occurrence-based policy
form, if the same is commercially available.
10.05 The Commercial General Liability policy shall be endorsed to have the general aggregate
apply to the Services provided under this Contract only.
10.06 If during the term of this Contract changed conditions or other pertinent factors should, in
the reasonable judgment of the City, render inadequate the insurance limits, the
Contractor shall furnish on demand such additional coverage or types of coverage as
may reasonably be required under the circumstances. All such insurance shall be
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effected at the Contractor's expense, under valid and enforceable policies, issued by
insurers licensed to conduct business in Michigan and are otherwise acceptable to the
City.
10.07 All insurance policies shall name the Contractor as the insured and shall provide a
commitment from the insurer that such policies shall not be canceled or reduced without
at least thirty (30) days prior written notice to the City. Certificates of insurance
evidencing the coverage required by this Article 10 shall, in a form acceptable to the
City, be submitted to the City prior to the commencement of the Services and at least
fifteen (15) days prior to the expiration dates of expiring policies.
10.08 If any work is subcontracted in connection with this Contract, the Contractor shall require
each Subcontractor to effect and maintain the types and limits of insurance set forth in
this Article 10 and shall require documentation of same, copies of which documentation
shall be promptly furnished the City.
10.09 The Contractor shall be responsible for payment of all deductibles contained in any
insurance required under this Contract. The provisions requiring the Contractor to carry
the insurance required under this Article 10 shall not be construed in any manner as
waiving or restricting the liability of the Contractor under this Contract.
Article 11.
Default and Termination
11.01 This Contract shall remain in full force and effect until the end of its term unless
otherwise terminated for cause or convenience according to the provisions of this Article
11.
11.02 The City reserves the right to terminate this Contract for cause. Cause is an event of
default.
(a)
An event of default shall occur if there is a material breach of this Contract, and
shall include the following:
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(1) The Contractor fails to begin work in accordance with the terms of this
Contract; or
(2) The Contractor, in the judgment of the City, is unnecessarily,
unreasonably, or willfully delaying the performance and completion of the
Work Product or Services; or
(3) The Contractor ceases to perform under the Contract; or
(4) The City is of the opinion that the Services cannot be completed within the
time provided and that the delay is attributable to conditions within the
Contractor's control; or
(5) The Contractor, without just cause, reduces its work force on this Contract
to a number that would be insufficient, in the judgment of the City, to
complete the Services within a reasonable time, and the Contractor fails to
sufficiently increase such work force when directed to do so by the City;
or
(6) The Contractor assigns, transfers, conveys or otherwise disposes of this
Contract in whole or in part without prior approval of the City; or
(7) Any City officer or employee acquires an interest in this Contract so as to
create a conflict of interest; or
(8) The Contractor violates any of the provisions of this Contract, or
disregards applicable laws, ordinances, permits, licenses, instructions or
orders of the City; or
(9) The performance of the Contract, in the sole judgment of the City, is
substandard, unprofessional, or faulty and not adequate to the demands of
the task to be performed; or
(10) The Contractor fails in any of the agreements set forth in this Contract; or
15

(11) The Contractor ceases to conduct business in the normal course; or
(b)
(c)
(d)
(12) The Contractor admits its inability to pay its debts generally as they
become due.
If the City finds an event of default has occurred, the City may issue a Notice of
Termination for Cause setting forth the grounds for terminating the Contract.
Upon receiving a Notice of Termination for Cause, the Contractor shall have ten
(10) calendar days within which to cure such default. If the default is cured
within said ten (10) day period, the right of termination for such default shall
cease. If the default is not cured to the satisfaction of the City, this Contract shall
terminate on the thirtieth calendar day after the Contractor's receipt of the Notice
of Termination for Cause, unless the City, in writing, gives the Contractor
additional time to cure the default. If the default is not cured to the satisfaction of
the City within the additional time allowed for cure, this Contract shall terminate
for cause at the end of the extended cure period.
If, after issuing a Notice of Termination for Cause, the City determines that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the Notice of Termination had been issued as a Notice of Termination
for Convenience. Alternatively, in the City’s discretion, the Notice of
Termination for Cause may be withdrawn and the Contract, if terminated, may be
reinstated.
The Contractor shall be liable to the City for any damages it sustains by virtue of
the Contractor's breach or any reasonable costs the City might incur in enforcing
or attempting to enforce this Contract. Such costs shall include reasonable fees
and expenses for attorneys, expert witnesses and other consultants. However, if
the Contractor makes a written offer prior to the initiation of litigation or
arbitration, then the City shall not be entitled to such attorney fees unless the City
declines the offer and obtains a verdict or judgment for an amount more than ten
percent (10%) above the amount of the Contractor's last written offer prior to the
initiation of litigation or arbitration. The City may withhold any payment(s) to
the Contractor, in an amount not to exceed the amount claimed in good faith by
the City to represent its damages, for the purpose of setoff until such time as the
exact amount of damages due to the City from the Contractor is determined. It is
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expressly understood that the Contractor shall remain liable for any damages the
City sustains in excess of any setoff.
(e) The City's remedies outlined in this Article 11 shall be in addition to any and all
other legal or equitable remedies permissible.
11.03 The City shall have the right to terminate this Contract at any time at its convenience by
giving the Contractor five (5) business days written Notice of Termination for
Convenience. As of the effective date of the termination, the City will be obligated to
pay the Contractor the following: (a) the fees or commissions for Services completed and
accepted in accordance with Exhibit A in the amounts provided for in Exhibit B; (b) the
fees for Services performed but not completed prior to the date of termination in
accordance with Exhibit A in the amounts set forth in the Contractor’s rate schedule as
provided in Exhibit B; and (c) the Contractor's costs and expenses incurred prior to the
date of the termination for items that are identified in Exhibit B. The amount due to the
Contractor shall be reduced by payments already paid to the Contractor by the City. In
no event shall the City pay the Contractor more than maximum price, if one is stated, of
this Contract.
11.04 After receiving a Notice of Termination for Cause or Convenience, and except as
otherwise directed by the City, the Contractor shall:
(a) Stop work under the Contract on the date and to the extent specified in the Notice
of Termination;
(b)
Obligate no additional Contract funds for payroll costs and other costs beyond
such date as the City shall specify, and place no further orders on subcontracts for
material, services, or facilities, except as may be necessary for completion of such
portion of the Services under this Contract as is not terminated;
(c)
Terminate all orders and subcontracts to the extent that they relate to the portion
of the Services terminated pursuant to the Notice of Termination;
(d)
Preserve all Records and submit to the City such Records and reports as the City
shall specify, and furnish to the City an inventory of all furnishings, equipment,
and other property purchased for the Contract, if any, and carry out such
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directives as the City may issue concerning the safeguarding or disposition of files
and property; and
(e)
Submit within thirty (30) days a final report of receipts and expenditures of funds
relating to this Contract, and a list of all creditors, Subcontractors, lessors and
other parties, if any, to whom the Contractor has become financially obligated
pursuant to this Contract.
11.05 After termination of the Contract, each party shall have the duty to assist the other party
in the orderly termination of this Contract and the transfer of all rights and duties arising
under the Contract, as may be necessary for the orderly, un-disrupted continuation of the
business of each party.
Article 12.
Assignment
12.01 The Contractor shall not assign, transfer, convey or otherwise dispose of any interest
whatsoever in this Contract without the prior written consent of the City; however, claims
for money due or to become due to the Contractor may be assigned to a financial
institution without such approval. Notice of any assignment to a financial institution or
transfer of such claims of money due or to become due shall be furnished promptly to the
City. If the Contractor assigns all or any part of any monies due or to become due under
this Contract, the instrument of assignment shall contain a clause stating that the right of
the assignee to any monies due or to become due shall be subject to prior liens of all
persons, firms, and corporations for Services rendered or materials supplied for the
performance of the Services called for in this Contract.
Article 13.
Subcontracting
13.01 None of the Services covered by this Contract shall be subcontracted without the prior
written approval of the City and, if required, any grantor agency. The City reserves the
right to withhold approval of subcontracting such portions of the Services where the City
determines that such subcontracting is not in the City's best interests.
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13.02 Each subcontract entered into shall provide that the provisions of this Contract shall
apply to the Subcontractor and its Associates in all respects. The Contractor agrees to
bind each Subcontractor and each Subcontractor shall agree to be bound by the terms of
the Contract insofar as applicable to the work or services performed by that
Subcontractor.
13.03.1The Contractor and the Subcontractor jointly and severally agree that no approval by the
City of any proposed Subcontractor, nor any subcontract, nor anything in the Contract,
shall create or be deemed to create any rights in favor of a Subcontractor and against the
City, nor shall it be deemed or construed to impose upon the City any obligation, liability
or duty to a Subcontractor, or to create any contractual relation whatsoever between a
Subcontractor and the City.
13.04 The provisions contained in this Article 13 shall apply to subcontracting by a
Subcontractor of any portion of the work or services included in an approved subcontract.
13.05 The Contractor agrees to indemnify, defend, and hold the City harmless against any
claims initiated against the City pursuant to any subcontracts the Contractor enters into in
performance of this Contract. The City's approval of any Subcontractor shall not relieve
the Contractor of any of its responsibilities, duties and liabilities under this Contract. The
Contractor shall be solely responsible to the City for the acts or defaults of its
Subcontractors and of each Subcontractor's Associates, each of whom shall for this
purpose be deemed to be the agent or employee of the Contractor.
Article 14.
Conflict of Interest
14.01 The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with the
performance of the Services under this Contract. The Contractor further covenants that in
the performance of this Contract no person having any such interest shall be employed by
it.
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14.02 The Contractor further covenants that no officer, agent, or employee of the City and no
other public official who exercises any functions or responsibilities in the review or
approval of the undertaking or performance of this Contract has any personal or financial
interest, direct or indirect, in this Contract or in its proceeds, whether such interest arises
by way of a corporate entity, partnership, or otherwise.
14.03 The Contractor warrants (a) that it has not employed and will not employ any person to
solicit or secure this Contract upon any agreement or arrangement for payment of a
commission, percentage, brokerage fee, or contingent fee, other than bona fide employees
working solely for the Contractor either directly or indirectly, and (b) that if this warranty
is breached, the City may, at its option, terminate this Contract without penalty, liability
or obligation, or may, at its option, deduct from any amounts owed to the Contractor
under this Contract any portion of any such commission, percentage, brokerage, or
contingent fee.
14.04 The Contractor covenants not to employ an employee of the City for a period of one (1)
year after the date of termination of this Contract without written City approval.
Article 15.
Confidential Information
15.01 In order that the Contractor may effectively fulfill its covenants and obligations under
this Contract, it may be necessary or desirable for the City to disclose confidential and
proprietary information to the Contractor or its Associates pertaining to the City's past,
present and future activities. Since it is difficult to separate confidential and proprietary
information from that which is not, the Contractor shall regard, and shall instruct its
Associates to regard, all information gained as confidential and such information shall
not be disclosed to any organization or individual without the prior consent of the City.
The above obligation shall not apply to information already in the public domain or
information required to be disclosed by a court order.
15.02 The Contractor agrees to take appropriate action with respect to its Associates to ensure
that the foregoing obligations of non-use and non-disclosure of confidential information
shall be fully satisfied.
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Article 16.
Compliance With Laws
16.01 The Contractor shall comply with and shall require its Associates to comply with all
applicable federal, state and local laws.
16.02 The Contractor shall hold the City harmless with respect to any damages arising from any
violation of law by it or its Associates. The Contractor shall commit no trespass on any
public or private property in performing any of the Services encompassed by this
Contract. The Contractor shall require as part of any subcontract that the Subcontractor
comply with all applicable laws and regulations.
Article 17.
Amendments
17.01 The City may consider it in its best interest to change, modify or extend a covenant, term
or condition of this Contract or require the Contractor to perform Additional Services that
are not contained within the Scope of Services as set forth in Exhibit A. Any such
change, addition, deletion, extension or modification of Services may require that the
compensation paid to the Contractor by the City be proportionately adjusted, either
increased or decreased, to reflect such modification. If the City and the Contractor
mutually agree to any changes or modification of this Contract, the modification shall be
incorporated into this Contract by written Amendment.
17.02 Compensation shall not be modified unless there is a corresponding modification in the
Services sufficient to justify such an adjustment. If there is any dispute as to
compensation, the Contractor shall continue to perform the Services under this Contract
until the dispute is resolved.
17.03 No Amendment to this Contract shall be effective and binding upon the parties unless it
expressly makes reference to this Contract, is in writing, is signed and acknowledged by
duly authorized representatives of both parties, is approved by the appropriate City
departments and the City Council, and is signed by the Purchasing Director.
21

17.04 The City shall not be bound by Unauthorized Acts of its employees, agents, or
representatives with regard to any dealings with the Contractor and any of its Associates.
Article 18.
Fair Employment Practices
18.01 The Contractor shall comply with, and shall require any Subcontractor to comply with,
all federal, state and local laws governing fair employment practices and equal
employment opportunities.
18.02 The Contractor agrees that it shall, at the point in time it solicits any subcontract, notify
the potential Subcontractor of their joint obligations relative to non-discrimination under
this Contract, and shall include the provisions of this Article 18 in any subcontract, as
well as provide the City a copy of any subcontract upon request.
18.03 Breach of the terms and conditions of this Article 18 shall constitute a material breach of
this Contract and may be governed by the provisions of Article 11, "Default and
Termination."
Article 19.
Notices
19.01 All notices, consents, approvals, requests and other communications ("Notices") required
or permitted under this Contract shall be given in writing, mailed by postage prepaid,
certified or registered first-class mail, return receipt requested, and addressed as follows:
If to the
Department on behalf of the City:
City of Detroit
Department of
Detroit, MI
Attention: Mr./Ms.
If to the Contractor:
22

____________________________________
____________________________________
Attention: Mr./Ms.
19.02 All Notices shall be deemed given on the day of mailing. Either party to this Contract
may change its address for the receipt of Notices at any time by giving notice of the
address change to the other party. Any Notice given by a party to this Contract must be
signed by an authorized representative of such party.
19.03 The Contractor agrees that service of process at the address and in the manner specified
in this Article 19 shall be sufficient to put the Contractor on notice of such action and
waives any and all claims relative to such notice.
Article 20.
Proprietary Rights and Indemnity
20.01 The Contractor shall not relinquish any proprietary rights in its intellectual property
(copyright, patent, and trademark), trade secrets or confidential information as a result of
the Services provided under this Contract. Any Work Product provided to the City under
this Contract shall not include the Contractor’s proprietary rights, except to the extent
licensed to the City.
20.02 The City shall not relinquish any of its proprietary rights, including, but not limited to, its
data, privileged or confidential information, or methods and procedures, as a result of the
Services provided under this Contract.
20.03 The parties acknowledge that should the performance of this Contract result in the
development of new proprietary and secret concepts, methods, techniques, processes,
adaptations, discoveries, improvements and ideas ("Discoveries"), and to the extent said
Discoveries do not include modifications, enhancements, configurations, translations,
derivative works, and interfaces from the Contractor’s intellectual property, trade secrets
or confidential information, said Discoveries shall be deemed “Work(s) for Hire” and
23

shall be promptly reported to the City and shall belong solely and exclusively to the City
without regard to their origin, and the Contractor shall not, other than in the performance
of this Contract, make use of or disclose said Discoveries to anyone. At the City's
request, the Contractor shall execute all documents and papers and shall furnish all
reasonable assistance requested in order to establish in the City all right, title and interest
in said Discoveries or to enable the City to apply for United States patents or copyrights
for said Discoveries, if the City elects to do so.
20.04 Any Work Product provided by the Contractor to the City under this Contract shall not be
disclosed, published, copyrighted or patented, in whole or in part, by the Contractor. The
right to the copyright or patent in such Work Product shall rest exclusively in the City.
Further, the City shall have unrestricted and exclusive authority to publish, disclose,
distribute and otherwise use, in whole or in part, any of the Work Product. If Work
Product is prepared for publication, it shall carry the following notation on the front cover
or title page: "This document was prepared for, and is the exclusive property of, the City
of Detroit, Michigan, a municipal corporation."
20.05 The Contractor warrants that the performance of this Contract shall not infringe upon or
violate any patent, copyright, trademark, trade secret or proprietary right of any third
party. In the event of any legal action related to the above obligations of the Contractor
filed by a third party against the City, the Contractor shall, at its sole expense, indemnify,
defend and hold the City harmless against any loss, cost, expense or liability arising out
of such claim, whether or not such claim is successful.
20.06 The making of payments, including partial payments by the City to the Contractor, shall
vest in the City title to, and the right to take possession of, all Work Product produced by
the Contractor up to the time of such payments, and the City shall have the right to use
said Work Product for public purposes without further compensation to the Contractor or
to any other person.
20.07 Upon the completion or other termination of this Contract, all finished or unfinished
Work Product prepared by the Contractor shall, at the option of the City, become the
City's sole and exclusive property whether or not in the Contractor's possession. Such
Work Product shall be free from any claim or retention of rights on the part of the
24

Contractor and shall promptly be delivered to the City upon the City's request. The City
shall return all of the Contractor's property to it. The Contractor acknowledges that any
intentional failure or unreasonable delay on its part to deliver the Work Product to the
City will cause irreparable harm to the City not adequately compensable in damages and
for which the City has no adequate remedy at law. The Contractor accordingly agrees
that the City may in such event seek and obtain injunctive relief in a court of competent
jurisdiction to compel delivery of the Work Product, to which injunctive relief the
Contractor consents, as well as seek and obtain all applicable damages and costs. The
City shall have full and unrestricted use of the Work Product for the purpose of
completing the Services.
Article 21.
Force Majeure
21.01 No failure or delay in performance of this Contract, by either party, shall be deemed to be
a breach thereof when such failure or delay is caused by a force majeure event including,
but not limited to, any Act of God, strikes, lockouts, wars, acts of terrorism, riots,
epidemics, explosions, sabotage, breakage or accident to equipment, the binding order of
any court or governmental authority, or any other cause, whether of the kind herein
enumerated or otherwise, not within the control of a party. In the event of a dispute
between the parties with regard to what constitutes a force majeure event, the City’s
reasonable determination shall be controlling.
Article 22.
Waiver
22.01 The City shall not be deemed to have waived any of its rights under this Contract unless
such waiver is in writing and signed by the City.
22.02 No delay or omission on the part of the City in exercising any right shall operate as a
waiver of such right or any other right. A waiver on any one (1) occasion shall not be
construed as a waiver of any right on any future occasion.
22.03 No failure by the City to insist upon the strict performance of any covenant, agreement,
term or condition of this Contract or to exercise any right, term or remedy consequent
25

upon its breach shall constitute a waiver of such covenant, agreement, term, condition, or
breach.
Article 23.
Miscellaneous
23.01 If any provision of this Contract or its application to any person or circumstance shall to
any extent be invalid or unenforceable, the remainder of this Contract shall not be
affected and shall remain valid and enforceable to the fullest extent permitted by law.
23.02 This Contract contains the entire agreement between the parties and all prior negotiations
and agreements are merged into this Contract. Neither the City nor the City's agents have
made any representations except those expressly set forth in this Contract, and no rights
or remedies are, or shall be, acquired by the Contractor by implication or otherwise
unless expressly set forth in this Contract. The Contractor waives any defense it may
have to the validity of the execution of this Contract.
23.03 Unless the context otherwise expressly requires, the words "herein," "hereof," and
"hereunder," and other words of similar import, refer to this Contract as a whole and not
to any particular section or subdivision.
23.04 The headings of the sections of this Contract are for convenience only and shall not be
used to construe or interpret the scope or intent of this Contract or in any way affect the
same.
23.05 This Contract and all actions arising under it shall be governed by, subject to, and
construed according to the law of the State of Michigan. The Contractor agrees, consents
and submits to the exclusive personal jurisdiction of any state or federal court of
competent jurisdiction in Wayne County, Michigan, for any action arising out of this
Contract. The Contractor also agrees that it shall not commence any action against the
City because of any matter whatsoever arising out of or relating to the validity,
construction, interpretation and enforcement of this Contract in any state or federal court
of competent jurisdiction other than one in Wayne County, Michigan.
23.06 If any Associate of the Contractor shall take any action that, if done by a party, would
constitute a breach of this Contract, the same shall be deemed a breach by the Contractor.
26

23.07 The rights and remedies set forth in this Contract are not exclusive and are in addition to
any of the rights or remedies provided by law or equity.
23.08 For purpose of the hold harmless and indemnity provisions contained in this Contract, the
term "City" shall be deemed to include the City of Detroit and all other associated,
affiliated, allied or subsidiary entities or commissions, now existing or subsequently
created, and their officers, agents, representatives, and employees.
23.09 The Contractor covenants that it is not, and shall not become, in arrears to the City upon
any contract, debt, or other obligation to the City including, without limitation, real
property, personal property and income taxes, and water, sewage or other utility bills.
23.10 This Contract may be executed in any number of originals, any one of which shall be
deemed an accurate representation of this Contract. Promptly after the execution of this
Contract, the City shall provide a copy to the Contractor.
23.11 As used in this Contract, the singular shall include the plural, the plural shall include the
singular, and a reference to either gender shall be applicable to both.
23.12 The rights and benefits under this Contract shall inure to the City of Detroit and its
agents, successors, and assigns.
23.13 The City shall have the right to recover by setoff from any payment owed to the
Contractor all delinquent withholding, income, corporate and property taxes owed to the
City by the Contractor, any amounts owed to the City by the Contractor under this
Contract or other contracts, and any other debt owed to the City by the Contractor.
(Signatures appear on next page)
27

The City and the Contractor, by and through their duly authorized officers and
representatives, have executed this Contract as follows:
Witnesses:
Contractor:
1. By:
Name
Name
2. Its:
Name
Title
Witnesses:
City of Detroit
Department:
1. By:
Name
Name
2. Its:
Name
Title
28

THIS CONTRACT WAS APPROVED
BY THE CITY COUNCIL ON:
APPROVED BY LAW DEPARTMENT
PURSUANT TO § 6-406 OF THE
CHARTER OF THE CITY OF DETROIT
Date
Purchasing Director Date Corporation Counsel Date
THIS CONTRACT IS NOT VALID OR AUTHORIZED UNTIL APPROVED BY
RESOLUTION OF THE CITY COUNCIL AND SIGNED BY THE PURCHASING
DIRECTOR.
29

EXHIBIT A
SCOPE OF SERVICES
I. Notice to Proceed
The term of this Contract shall begin on _____________________, 20_________ and
shall terminate on __________________________, 20________. The Contractor shall
commence performance of this Contract upon receipt of a written “Notice to Proceed” from the
City and in the manner specified in the Notice to Proceed.
II.
Services to be Performed
[To be developed on the basis of the scope, and associated requirements provided in the General
Conditions, Special Conditions and Specific Requirements]
30

EXHIBIT B
FEE SCHEDULE
I. General
Payment for the proper performance of the Services shall be contingent upon receipt by
the City of invoices for payment. Each invoice shall certify the total cost, itemizing costs when
applicable. Each invoice must be received by the City not more than thirty (30) days after the
close of the calendar month in which the services were rendered and must be signed by an
authorized officer or designee of the Contractor.
II.
Per Trip Fees
[As provided in the proposal or BAFO]
III.
Project Billing
[As provided in the General Conditions, Special Conditions and Specific Requirements]
31

CITY ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
the __________________________________________________________________________,
(title of person who signed the contract as it appears on the contract)
of ___________________________________________________________________________,
(complete name of the City department)
on behalf of the City.
Notary Public, County of
State of
My commission expires:
32

CORPORATE ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
the __________________________________________________________________________,
(title of person who signed the contract as it appears on the contract)
of ___________________________________________________________________________,
(complete name of the corporation)
on behalf of the Corporation.
Notary Public, County of
State of
My commission expires:
33

LIMITED LIABILITY COMPANY
ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
the __________________________________________________________________________,
(title of person who signed the contract as it appears on the contract)
of ___________________________________________________________________________,
(complete name of the limited liability company)
on behalf of the limited liability company.
Notary Public, County of
State of
My commission expires:
34

PARTNERSHIP
ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
the __________________________________________________________________________,
(title of person who signed the contract as it appears on the contract)
of ___________________________________________________________________________,
(complete name of the partnership)
on behalf of the partnership.
Notary Public, County of
State of
My commission expires:
35

UNINCORPORATED ASSOCIATION
ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
the __________________________________________________________________________,
(title of person who signed the contract as it appears on the contract)
of ___________________________________________________________________________,
(complete name of the unincorporated association)
on behalf of the unincorporated association.
Notary Public, County of
State of
My commission expires:
36

SOLE PROPRIETOR ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he (she) executed the same as his (her) free and voluntary act and deed.
Notary Public, County of
State of
My commission expires:
37

INDIVIDUAL ACKNOWLEDGMENT
STATE OF )
)SS.
COUNTY OF )
The foregoing contract was acknowledged before me the _______ day of ____________,
20___, by _____________________________________________________________________,
(name of person who signed the contract)
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he (she) executed the same as his (her) free and voluntary act and deed.
Notary Public, County of
State of
My commission expires:
38

CORPORATION CERTIFICATE OF AUTHORITY
I, ___________________________________________________, Corporate Secretary of
(name of corporate secretary)
________________________________________________, a ___________________________
(complete name of corporation)
(state of incorporation)
_______________________ corporation (the "Corporation"), DO HEREBY CERTIFY that the
(non-profit or for profit)
following is a true and correct excerpt from the minutes of the meeting of the Board of Directors
duly called and held on __________________, and that the same is now in full force and effect:
(date of meeting)
"RESOLVED, that the Chairman, the President, each Vice President, the Treasurer, and
the Secretary and each of them, is authorized to execute and deliver, in the name of and
on behalf of the Corporation and under its corporate seal or otherwise, any agreement or
other instrument or document ('Contract') in connection with any matter or transaction
that shall have been duly approved; and the execution and delivery of any Contract by
any of the aforementioned officers shall be conclusive evidence of such approval."
FURTHER, I CERTIFY that _________________________ is Chairman,
________________________________________________________ is President,
________________________________________________________ is (are) Vice President(s),
________________________________________________________ is Treasurer,
________________________________________________________ is Secretary,
________________________________________________________ is Executive Director, and
________________________________________________________ is ___________________.
FURTHER, I CERTIFY that any of the aforementioned officers or employees of the
Corporation are authorized to execute and commit the Corporation to the conditions, obligations,
stipulations and undertakings contained in the foregoing Contract between the City and the
above-referenced Corporation and that all necessary corporate approvals have been obtained in
relationship thereto.
IN WITNESS THEREOF, I have set my hand this _____ day of __________, 20 ____.
CORPORATE SEAL
(if any)
39
Corporation Secretary
PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF
YOUR CORPORATION MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS

PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON
BEHALF OF THE CORPORATION.
40

LIMITED LIABILITY COMPANY
CERTIFICATE OF AUTHORITY
I, _________________________________________________, a Manager or Member of
(name of manager)
_____________________________, L.L.C., a limited liability company (the "Company"), DO HEREBY
(name of company)
CERTIFY that I am a Manager or Member of the Company who has the authority to act as an agent of
the Company in executing this Certificate of Authority. I further certify that the following individuals are
Managers or Members of the Company who have the authority to execute and commit the Company to
the conditions, obligations, stipulations and undertakings contained in the foregoing Contract between the
City and the Company:
FURTHER, I CERTIFY that all necessary approvals by the Managers or Members of the
Company have been obtained with respect to the execution of said Contract.
IN WITNESS THEREOF, I have set my hand this _____ day of __________, 20 ____.
COMPANY SEAL
(if any)
Manager or Member
PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR
LIMITED LIABILITY COMPANY MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE
AS A PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON
BEHALF OF THE LIMITED LIABILITY COMPANY.
41

PARTNERSHIP
CERTIFICATE OF AUTHORITY
I, _______________________, a General Partner in _____________________________,
(name of general partner)
(complete name of partnership)
a _____________________ County, _______________________Partnership (the "Partnership")
(county of registration)
(state in which county lies)
DO HEREBY CERTIFY that I am a General Partner in the Partnership formulated pursuant to
a Partnership Agreement dated _______________________, and that the following is a true and
(date of meeting)
correct excerpt from the minutes of the meeting of the General Partnership held on ___________
and that the same is now in full force and effect:
"RESOLVED, that each General Partner is authorized to execute and deliver, in the
name and on behalf of the Partnership, any agreement or other instrument or document
('Contract') in connection with any matter or transaction that shall have been duly
approved; and the execution and delivery of any Contract by a general partner shall be
conclusive evidence of such approval."
FURTHER, I CERTIFY that the following persons are General Partners:
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
FURTHER, I CERTIFY that any of the aforementioned General Partners of the
Partnership are authorized to execute and commit the Partnership to the conditions, obligations,
stipulations and undertakings contained in the foregoing Contract between the City and the
above-referenced partnership and that all necessary approvals have been obtained in relationship
thereto.
IN WITNESS THEREOF, I have set my hand this _____ day of __________, 20 ____.
CORPORATE SEAL
(if any)
42
General Partner
PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR PARTNERSHIP
MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS A PERSON AUTHORIZED TO EXECUTE
CONTRACTS IN THE NAME OF AND ON BEHALF OF THE PARTNERSHIP.

UNINCORPORATED ASSOCIATION
CERTIFICATE OF AUTHORITY
I, _____________________________, Secretary of _____________________________,
(name of association secretary)
(complete name of association)
an unincorporated association (the "Association"), DO HEREBY CERTIFY that the following
is a true and correct excerpt from the minutes of the meeting of the Board of Directors duly
called and held on __________________, and that the same is now in full force and effect:
(date of meeting)
"RESOLVED, that the Chairman, the President, each Vice President, the Treasurer, and
the Secretary and each of them, is authorized to execute and deliver, in the name of and
on behalf of the Association and under its Association seal or otherwise, any agreement
or other instrument or document ('Contract') in connection with any matter or transaction
that shall have been duly approved; and the execution and delivery of any Contract by
any of the aforementioned officers shall be conclusive evidence of such approval."
FURTHER, I CERTIFY that _________________________ is Chairman,
________________________________________________________ is President,
________________________________________________________ is (are) Vice President(s),
________________________________________________________ is Treasurer,
________________________________________________________ is Secretary,
________________________________________________________ is Executive Director, and
________________________________________________________ is ___________________.
FURTHER, I CERTIFY that any of the aforementioned officers of the Association are
authorized to execute or guarantee and commit the Association to the conditions, obligations,
stipulations, and undertakings contained in the foregoing Contract between the City and the
above-referenced Association and that all necessary Association approvals have been obtained in
relationship thereto.
IN WITNESS THEREOF, I have set my hand this _____ day of __________, 20 ____.
CORPORATE SEAL
(if any)
____________________________________
Association Secretary
PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF
YOUR ASSOCIATION MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS A
PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON
BEHALF OF THE ASSOCIATION.
43

SECTION VI
PROPOSER FORMS &
CLEARANCE REQUESTS

SECTION VI – PROPOSER’S FORMS
Any contract/purchase order resulting from this solicitation shall include the forms indicated
below [X]. Proposers/Bidders shall complete the required forms and return them, along with the
checklist, with the signed bid/proposal document. Failure to submit the required forms shall be a
basis for rejection of your bid/proposal.
[ X] FORM A - Acknowledgment of Receipt of Addenda
[ ] FORM B - Request for Substitution
[ X ] FORM C - Bidder’s Certification Statement
[ X ] FORM C-1 Certification of Compliance with Drug and Alcohol Policy and Testing
Program
[ X ] FORM D - Certificate Regarding Ineligible Contractors
[ ] FORM E-1 Buy America Certificate of Compliance or Non-Compliance with 49 USC
5323(j)(1)
[ ] FORM E-3 Buy America Certificate of Compliance or Non-Compliance with 49 USC
5323(j)(2)(C)
[ ] FORM F - Cargo Preference Certificate
[ ] FORM G - Reserved
[ X ] FORM H - Certification of Compliance with Federal Affirmative Action
Requirements (First Tier Sub-Contractor)
[ X ] FORM I - DDOT RFP/BID Disadvantage Business Enterprise Program
Requirements
[ X ] FORM I-1 DDOT DBE Affidavit (Enclosures IA and IB)
[ X ] FORM I-2 DBE Letter of Intent to Perform as a Subcontractor (Enclosure 2)
[ ] FORM I-3 Schedule A - Information for Determining Disadvantage Business
Enterprise/Women Business Enterprise (DBE/WBE) Eligibility
[ X ] FORM I-4 DBE Utilization Plan (Enclosures 3A and 3B)
PF - 1

SECTION VI – PROPOSER’S FORMS
[ X ] FORM I-5 DBE Unavailability Certification (Enclosure 4)
[ X ] FORM J - Suspensions and Debarment
[ ] FORM K-1 Motor Vehicle Safety Standards and Pollution Requirements Certificate
[ ] FORM K-2 Certification of Compliance with Clean Air and Clean Water Act
[ ] FORM L - Affirmative Action Requirements Construction Trade Workforce
Utilization Analysis
[ X ] FORM M - Disclosure of Lobbying Activities
[ ] FORM N - Transit Vehicle Manufacturer’s Certification of Compliance with
Subpart D, 49 CFR Part 23
[ ] FORM P-1 Bid Bond
[ ] FORM P-2 Irrevocable Letter of Credit
[ ] FORM P-3 Performance Bond
[ ] FORM P-4 Payment Bond
[ X ] FORM Q Responsibility of Bidder/Proposer-Instructions
[ X ] FORM Q-1 Identity of Proposer
[ X ] FORM Q-2 Proposer’s Representation
[ X ] FORM Q-3 Technical Disclosure
[ X ] FORM Q-4 Financial Disclosure
[ ] FORM Q-5 Supplier Application
[ ] FORM R Certification Regarding Standards for Year 2000 Compliance
[ X ] FORM S Verification and Acknowledgment
PF - 2

FORM A
Page 1 of 1
Project/RFP No.: ____________
Project Title: ________________
__________________________
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following addenda to the request for proposals
(RFP) document:
Addenda No.______________, dated_______________
Addenda No.______________, dated_______________
Addenda No.______________, dated_______________
(Add lines as needed for additional addenda)
Date:_______________________________________
Company Name: _______________________________
Signature:__________________________________
Name:_______________________________________
(Print)
Title:______________________________________
PF - 3

FORM C
Page 1 of 4
BIDDER'S CERTIFICATION STATEMENT
The bidder, ___________________________________________________, states:
(Complete Legal Name)
1. That the company is or is not (circle one) owned or controlled by a parent company,
which owns fifty-one percent (51%) or more of the voting rights and/or assets of the
bidder; and that (if there is a parent company) the complete legal name, main office
address, and state of incorporation of said parent company is as follows:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
2. If the bidder is a Corporation, it is or is not (circle one) a
Michigan Corporation and if not, which State are you registered as a Corporation.
__________________________________.
2. That it, its agents, officers, and employees have not directly or indirectly entered into any
agreements, participated in any collusion, or otherwise taken any action in restraint of
free, competitive bidding in connection with this bid;
4. That it is aware that the work specified herein is to be performed in accordance with the
Affirmative Action Requirements of these contract documents, and that all of its
subcontractors are aware of said requirements and also agree to comply with them;
PF - 4

FORM C
Page 2 of 4
5. That it:
a. has 50 or more employees; and
b. has a contract of $50,000 or more, or
which may reasonably be expected to total
$50,000 or more, in any 12 month period; or
c. is a financial institution which serves as a
depository for Government funds in any amount, acts as an issuing or
redeeming agent in U.S. savings bonds and notes in any amount, or
subscribes to federal deposit or share insurance.
Yes_______
No_______
If a negative response is indicated above, then check "Not Applicable" for A, B and C below. If
a response of "Yes" is indicated above, that it is in compliance with the following Federal
Affirmative Action Requirements cited in the Federal Register, Tuesday, December 30, 1980,
Vol. 45, No. 251, Department of Labor, Office of Federal Contract Compliance Programs,
Government Contractors, Affirmative Action Requirements, Final Rule: (41 CFR Parts 60-1,
60-2, 60-4, 60-20, 60-30, 60-50, 60-60, 60-250, and 60-741), and that it will secure
documentation of such compliance from its subcontractors
A. Standard Form 100 (EEO-1) is filed annually on or before the 31st day of March
with the Joint Reporting Committee, the U.S. Office of Federal Contract
Compliance or with the U.S. Equal Employment Opportunity commission.
Yes_______ No_______ Not Applicable_______
B. The bidder has participated in previous contracts or subcontract subject to the
general obligations of Executive Order 11246, for government contractors and
subcontractors contained in Code of Federal Regulations, Part 60.
Yes_______ No_______ Not Applicable_______
PF - 5

FORM C
Page 3 of 4
C. The bidder has participated in previous contracts or subcontracts subject to the
general obligations of Executive Order 11246, for government contractors and
subcontractors contained in 41 Code of Federal Regulations, Part 60.
Yes_______ No_______ Not Applicable_______
6. That it will fully comply with the DBE requirements and will minimally meet and, where
possible, exceed the requirements for this project.
________________________________
(Complete Legal Name of Bidder)
________________________________
(Address of Bidder)
By:__________________________________________________
(Signature of Bidder or Authorized Representative)
__________________________________________________
Title
_________________________________
Name of DBE/WBE Liaison
__________________________________
Name of DBE/WBE Liaison
__________________________________
Phone Number of DBE/WBE Liaison
PF - 6

FORM C
Page 4 of 4
I, __________________________________, Secretary for________________________
the bidder, attest to the authority of___________________________________________
to execute this bid proposal in behalf of the bidder and the
parent company if other than the bidder.
_________________________________
Secretary
PF - 7

FORM C-1
Page 1 of 1
Certification of Compliance with
Drug and Alcohol Policy and Testing Program
I,_________________________________________, _______________________________,
(Name of Official)
(Title of Official)
___________________________________________________,
(Name of Company/Municipality)
DO HEREBY CERTIFY that an anti-drug and alcohol misuse prevention program has been established in
accordance with the terms of the Code of Federal Regulations, Title 49, Part 40, Part 655 (Afederal
regulations@). I further certify that the program specifically provides provisions for:
1. Training for safety-sensitive employees and training for supervisors in accordance
with the federal regulations.
2. Testing of safety-sensitive employees for drugs and alcohol in accordance with
the approved testing protocols and procedures set forth in the federal regulations under the following
circumstances:
- Pre-employment
- Reasonable Suspicion
- Post-Accident
- Random
- Return to Duty
- Follow Up
- Blind Performance Testing
3. Use of a Medical Review Officer (MRO) for all drug tests and a Substance
Abuse Professional (ASAP) for evaluations and follow-up treatment and testing recommendations for all
individuals who test positive under any drug and alcohol test, as these requirements are set forth in the
federal regulations.
4. Maintenance of records in accordance with the federal regulations which records
will be made available upon request to City of Detroit/Department of Transportation or its designee.
_______________________________________________________
Name (Print)
Title
_______________________________________________________
Signature
Date
Form C-1 (8/26/03)
PF - 8

FORM D
CERTIFICATE REGARDING INELIGIBLE CONTRACTORS
____________________________________ certifies that is NOT included in the U.S.
General Services Administration’s System for Award Management list of Persons or Firms
Currently Debarred for
Violations of Various Public Contracts Incorporating Labor Standards Provisions, and
that it is NOT included on the Michigan Bureau of Labor and Industries' List of
Contractors Ineligible to Receive Public Works Contracts.
Date:_________________________________
Signature:______________________________
Name:_________________________________
(print)
Title:___________________________________
PF - 9

FORM F
CARGO PREFERENCE CERTIFICATE
The Proposer agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least fifty
percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping by commercial vessel any equipment,
materials, or commodities pursuant to this contract, to the extent that such vessels are
available at fair and reasonable rates for United States flag commercial vessels.
2. To furnish within thirty (30) days following the date of loading for shipments originating
with the United States, or within thirty (30) working days following the date of loading
for shipments originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of-lading in English for each shipment of cargo described in
Paragraph 1 of the Certificate to D-DOT (through the Proposer in the case of
subcontractor bills-of-lading) and to the Division of National Cargo, office of Market
Development, Maritime Administration, 400 Seventh Street, S.W., Washington, D.C.,
20590, marked with the appropriate identification of this contract.
3. To insert the substance of the provisions of the Certificate in all subcontracts issued
pursuant to this contract.
Date:______________________________
Signature:_____________________________
Name:_____________________________
(print)
Title:______________________________
PF - 10

FORM H
Page 1 of 2
RFQ/Project Number: _____________________________
Project Title: _____________________________________
CERTIFICATION OF COMPLIANCE WITH
FEDERAL AFFIRMATIVE ACITON REQUIREMENTS
Certification of Compliance by Lower Tier Participants
Applicability – Code of Federal Regulations, Part 60
False or fictitious representation of compliance will result in federal sanctions and/or sanctions
by DDOT. The bidder/Proposer and its first tier sub-contractors must meet the requirements
contained herein provided it:
a. has 50 or more employees; and
b. has a contract of $50,000 or more, or
c. has contracts which total $50,000 or more; or
d. which may reasonably be expected to total
$50,000 or more, in any 12 month period; or
e. is a financial institution which serves as a
depository for Government funds in any amount, acts as an issuing or
redeeming agent in U.S. savings bonds and notes in any amount, or
subscribes to federal deposit or share insurance.
Requirements: Check Yes, No or Not Applicable
A. Standard Form 100 (EEO-1) is filed annually on or before the 31st day of March
with the Joint Reporting Committee, the U.S. Office of Federal Contract
Compliance or with the U.S. Equal Employment Opportunity commission.
Yes_______ No_______ Not Applicable_______
PF - 11

FORM H
Page 2 of 2
B. The Sub-contractor has participated in previous contracts or subcontracts subject
to the general obligations of Executive Order 11246, for government contractors
and subcontractors contained in Code of Federal Regulations, Part 60.
Yes_______ No_______ Not Applicable_______
C. The bidder has participated in previous contracts or subcontracts subject to the
general obligations of Executive Order 11246, for government contractors and
subcontractors contained in 41 Code of Federal Regulations, Part 60.
Yes_______ No_______ Not Applicable_______
By:__________________________________________________
(Signature of Sub-contractor or Authorized Representative)
__________________________________________________
Title
If the Sub-contractor is a corporation, it is/is not (circle one) a Michigan Corporation and if not,
where incorporated: __________________________________.
I, ________________________, Secretary for__________________________________
the Sub-contractor, attests to the authority of ___________________________to execute this
document in behalf of the Sub-contractor and the parent company if other than the Subcontractor.
Secretary
_________________________________
PF - 12

DETROIT DEPARTMENT OF TRANSPORTATION
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
FORM I
Page 1 of 6
It is the policy of the U.S. DOT that grant recipients comply with section 101 (b)
of TEA 21, 23 U.S.C. section 101 note, current U.S. DOT regulations on DBE
participation in U.S. DOT financial assistance program, at 49 CFR Part 26.
1. Contract Goal:
DDOT has specified the following goal for work to be performed on this contract:
2. Discrimination
10 % DBE - (Disadvantaged Business Enterprise)
DDOT's commitment to a specific goal is to meet DBE objectives and is not
intended and shall not be used to discriminate against any qualified company or
group of companies.
3. The responsive responsible Proposer must meet the following conditions:
a. have the necessary equipment, facilities, resources, judgment
and skill to perform the tasks specified for the bid or proposal.
b. meet the DBE goal referred to in the bid specification or Request
for Proposal or make a good faith effort to attain the goal;
c. must comply with bid or proposal procedures/requirements; and
d. must meet the technical specifications of the project.
4. The responsive/responsible Proposer must submit the following written intent to
comply with DDOT's DBE goals:
a. names and addresses of certified DBE participating sub-contractors and
the
work they are to perform
b. the dollar value of each proposed certified DBE contract
PF - 13

FORM I
Page 2 of 6
c. documentation of good faith efforts, if applicable.
5. Enclosures 1 - 5:
The contractor's commitment to the percentage of certified DBE utilization during
the term of this contract will be stated in the DBE Affidavit (Enclosure 1A).
Requirements for the DBE plan are addressed in Enclosures 1 - 4, while
Enclosure 5 meets requirements for the Equal Employment Opportunity Program.
Proposers must complete and return all applicable Enclosures.
Enclosure 1A, DBE Affidavit, must be submitted with the bid/proposal by any
non-DBE prime contractor to acknowledge the percentage of DBE participation
and indicate intent to comply with the DBE goal.
Enclosure 1B, the DBE Affidavit, if applicable, must be submitted with
the bid/proposal by all DBE prime contractors to affirm DBE status.
Enclosure 2, Schedule of DBE Utilization Plan, must be submitted with
the bid/proposal by all prime contractors for all DBE subcontractors. It
must contain the information specified in paragraphs 3a and 3b above.
No changes to DBE subcontractors listed and no additional DBE sub-contractors
can be provided after bid/proposal openings without DDOT's approval.
Enclosure 3, Letter of Intent to Perform as a Subcontractor must be
submitted by the prime contractor with the proposal and signed by
DBE subcontractors.
Enclosure 4, Unavailability Certification, must be submitted by the prime
contractor with the proposal along with documentation of good faith efforts.
Enclosure 5, Employment Data Form, defines the make-up of the company's work
force and must be filed by every prime contractor on a contract of $50,000 or
more, or with 50 or more employees. This enclosure shall be submitted with the
bid/proposal.
6. Joint Ventures:
A joint venture is an association of two or more persons, partnerships,
corporations, or any combination thereof, formed to carry on a single
business activity that is limited in scope and duration.
PF - 14

FORM I
Page 3 of 6
If the joint venture is participating in a contract in which DBE goals
have been set, then the joint venture must be certified by DDOT's Contract
Compliance Office before award. The DBE component of the joint venture must:
B. Compliance
a. meet the requirements for DBE as stated in the definitions of 49 CFR Part
26.;
b. be certified as having at least a 51% share of its ownership,
control and management responsibilities, risks and profits in one
or more socially and economically disadvantaged individuals; and
c. be responsible for a clearly defined portion of the work to be performed.
DDOT will count toward its DBE goal a portion of the total dollar value of a
contract with a joint venture (eligible under the standards of 49 CFR, Part 26)
equal to the percentage of the ownership and controls of the DBE partner in the
joint venture.
1. Certification Agency:
DDOT reserves the right to accept or reject a firm's certification from other DOT
agencies on a case-by-case basis. In making this determination D-DOT will
evaluate whether the certification was conducted under the standards of 49 CFR,
Part 26.
To count a minority or woman-owned business' participation toward the
goal established for this contract, the firm must be certified as a DBE
and perform a "commercially useful function" as defined in 49 CFR Part 26.
2. Good Faith Efforts:
To award a contract to a Proposer that has failed to meet the DBE contract goals as stated in that
specific contract, DDOT will decide whether the Proposer made "a good faith effort" to actively
and aggressively seek DBEs to meet those goals. DDOT through a Good Faith Efforts
Committee, will review the data submitted to decide whether the DBE requirements have been
satisfied through good faith efforts. The Good Faith Efforts Committee will
PF - 15

FORM I
Page 4 of 6
consist of the General Manager, Contract Compliance Officer, the Purchasing
Manager and the Legal Counsel. The kinds of efforts that are considered
demonstrative of a "good faith effort" include, but are not limited to the following
documented actions pursuant to 49 CFR, Part 26.
_
_
_
_
_
_
_
_
Whether the contractor attended any pre-solicitation or pre-bid
meetings that were scheduled by D-DOT to inform DBEs of contracting
and subcontracting opportunities;
Whether the contractor advertised in general circulation, trade
association, and minority/women focused media concerning the
subcontracting opportunities;
Whether the contractor provided written notice to reasonable
number of specific DBEs that their interest in the contract was
being solicited, in sufficient time to allow the DBEs to participate
effectively;
Whether the contractor followed up initial solicitations of
interest by contacting DBEs to determine with certainty
whether the DBEs were interested;
Whether the contractor selected portions of the work to be performed
by DBEs to increase the likelihood of meeting the DBE
goal (including, where appropriate, breaking down contracts into
economically feasible units to facilitate DBE participation);
Whether the contractor negotiated in good faith with interested
DBEs with adequate information about the plans, specifications,
statement of work, and requirements of the contract;
Whether the contractor made efforts to assist interested DBEs in
obtaining bonding, lines of credit, or insurance required by the
recipient or contractor; and
Whether the contractor effectively used the services of available
minority and women business organizations, minority and women
contractor's groups; local, state and federal minority and women
business assistance offices; and other organizations that provide
assistance to DBEs.
PF - 16

FORM I
Page 5 of 6
The Good Faith Efforts Committee will review the documentation
submitted under this section to decide whether the DBE requirements have been
satisfied through good faith efforts. If the committee is unable to reach a
consensus, the decision will be referred Reconsideration Officials for the final
consideration. For further guidance concerning good faith efforts, refer to CFR
Section 49, Part 26, Section 26.53.
3. Defaulting DBE Subcontractors:
A contractor must make a good faith effort to replace a defaulting DBE
with another certified DBE. The prime contractor must notify DDOT’s
Contract Compliance Office immediately of the DBE's inability to perform and of
the intent to obtain a substitute certified DBE. The substitute DBE must
receive prior approval by DDOT, and must meet the standards as
described in DDOT's DBE plan.
4. Prompt Payment, Section 26.29
Prime contractors shall pay subcontractors within five (5) days from receipt of
payment from DDOT. They are further required to return funds retained within
thirty (30) days after the subcontractor’s work is satisfactorily completed.
Clauses requiring prompt payment shall be included in the prime contractor’s
contracts with subcontractors. Any delay or postponement of payment may only
take place for good cause, with prior approval of DDOT. Where there are
disputes, prime contractors and subcontractors shall use appropriate Alternative
Dispute Resolution (ADR) mechanisms to resolve payment disputes. DDOT will
participate in the resolution if necessary.
Failure to carry out prompt payment requirements will be considered as breach of
contract, and will cause the following:
1. DDOT will not reimburse prime contractors for work performed by
subcontractors unless and until the prime contractor ensures that the
subcontractors are promptly paid for the work they have performed.
PF - 17

FORM I
Page 6 of 6
2. DDOT will not award future contracts to prime contractors who refuse to pay
promptly.
5. Failure to Comply:
If DDOT finds that the contractor has failed to comply with the
requirements of this attachment, DDOT's Contract Compliance Officer must
notify the contractor in writing. The contractor shall immediately take corrective
action. If the contractor fails or refuses to comply in the time specified, the
Purchasing Official will issue a termination for default.
6. Records and Documents:
It is the contractor's responsibility to maintain those records and
documents that indicate compliance with this Attachment for three (3)
years following the performance of the contract. Those records will
be made available at reasonable times and places for inspection upon
request by any authorized representative of DDOT, with any other
compliance information that such representative may require.
To ensure that stated DBE goals are met by prime contractors, DDOT
performs an annual audit of contract payments to DBEs. This audit reviews
payments to DBE subcontractors to insure that the actual amount paid to the DBE
subcontractors equals or exceeds the dollar amounts stated in Enclosure.
PF - 18

DETROIT DEPARTMENT OF TRANSPORTATION
FORM I-1
Enclosure 1A
DBE AFFIDAVIT
THIS PAGE MUST BE COMPLETED BY NON-DBE PRIME PROPOSER/BIDDER TO
INDICATE THE PERCENTAGE OF DISADVANTAGE BUSINESS ENTERPRISE
PARTICIPATION.
---------------------------------------------------------------------------------------------------------------------
---The undersigned Proposer hereby agrees that the goal established for DBE participation in this
project through subcontracting or entering into a joint venture with Disadvantaged Business
Enterprise(s) in conformity with the Requirements, Terms, and Conditions of this Attachment is:
% Disadvantage Business Enterprise (DBE) goal
THIS PERCENTAGE RELATES TO DBE SUBCONTRACTING ONLY AND IS
CONSISTENT WITH THE DISADVANTAGED BUSINESS ENTERPRISE
STATEMENT LISTED IN THE BID/PROPOSAL FORM.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THE FOREGOING STATEMENTS IS TRUE AND CORRECT,
AND THAT I AM AUTHORIZED, ON BEHALF OF
TO MAKE THIS AFFIDAVIT.
(Name of Business Entity)
State of _________________________
____________________________________________________________________
(affiant)
(title)
City and County of :
PF - 19

On this day of , 19 , before me, the undersigned officer,
personally appeared
, known to me to be the person described in
the foregoing Affidavit, and acknowledged that he (she) executed the same in the
capacity therein stated and for the purposed therein contained.
In witness thereof, I hereunto set my hand and official seal.
My Commission Expires:
_______________________________________
(Notary Public)
(SEAL)
PF - 20

DETROIT DEPARTMENT OF TRANSPORTATION
FORM I-1
Enclosure 1B
DBE AFFIDAVIT
THIS PAGE MUST BE COMPLETED BY DISADVANTAGED
BUSINESS ENTERPRISE CONTRACTOR (PROPOSER/BIDDER)
I HEREBY DECLARE AND AFFIRM that I am the _________________________
(Title)
and duly authorize representative of (the firm of):
I hereby declare and affirm that I am a:
___________________________________
(name of corporation or joint venture)
____________________________________
(address)
_____________________________________
(Phone No.)
/ / Disadvantaged Business Enterprise (DBE) as defined by the D-DOT in the
specifications for Project No. T-2782:
Transportation Providers for JARC/New Freedom Riders
and that I will provide information and/or the certification to document this fact.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND
CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE FIRM, TO
MAKE THIS AFFIDAVIT.
(Name)
(Title)
State of _____________________________________
On this day of , 19 , before me, the undersigned officer,
personally appeared
, known to me to be the person described in
the foregoing Affidavit, and acknowledged that he (she) executed the same in the
capacity therein stated and for the purposed therein contained.
PF - 21

In witness thereof, I hereunto set my hand and official seal.
My Commission Expires: ____________________________________________
(Notary Public)
PF - 22

Form I-2
Enclosure 2
Page 1 of 2
DETROIT DEPARTMENT OF TRANSPORTATION
LETTER OF INTENT FROM DBE TO PERFORM AS
SUBCONTRACTOR, SUPPLIER AND/OR CONSULTANT
Name of Project/Contract: ____________________________________________
Requisition No: _____________________________________________________
Job Order No: ______________________________________________________
From: ___________________________________________________________________________
(Name of DBE Firm)
TO: __________________________________
( Name of Prime Contractor)
and the Detroit Department of Transportation (DDOT)
The DBE status of the undersigned is confirmed by the attached Letter of Certification from the
(DDOT) dated
_________ . (If proposing to perform as a DBE/non-DBE Joint
Venture, then Letter of Certification from DBE venturer is attached along with completed
Scheduled B and joint venture agreement).
The undersigned is prepared to provide the following described services or supply the following
described goods in connection with the above name project/contract:
Pay Item No./Description Quantity/Unit Price Total
Sub-Contracting Levels
Sub (or Grand) Total: $ ___________________________
% of the dollar value of the DBE's subcontract will be sublet to non-DBE contractors.
% of the dollar value of the DBE's subcontract will be sublet to DBE contractors.
PF - 23

Form I-2
Enclosure 2
Page 2 of 2
NOTICE: IF DBE WILL NOT BE SUB-SUBCONTRACTING ANY OF THE WORK DESCRIBED
IN THIS SCHEDULE, A ZERO (O) MUST BE SHOWN IN EACH BLANK ABOVE.
NOTICE: IF MORE THAN TEN PERCENT (10%) OF THE VALUE OF THE DBE's SCOPE OF
WORK WILL BE SUBLET, A BRIEF EXPLANATION AND DESCRIPTION OF THE WORK TO
BE SUBLET MUST BE ATTACHED TO THIS SCHEDULE.
The undersigned will enter into a formal written agreement for the above work with you
as Prime Contractor, conditioned upon your execution of a contract with the DDOT, and
will do so within (5) five working days of your receipt of a signed contract from the
DDOT.
NOTICE: THIS SCHEDULE (AND ACCOMPANYING ATTACHMENTS TO BE
SUBMITTED IN TRIPLICATE, ORIGINAL SIGNATURES REQUIRED ON ALL THREE
(3) COPIES.
_____________________________________________________________________
(Signature of Owner, President or Authorized Agent of DBE)
_____________________________________________________________________
(Name/Title (Print)
Date
Phone: ______________________________________________________________
If proposing to perform as a DBE/non-DBE Joint Venture:
_________________________________________________
(Signature of Owner, President or Authorized Agent of DBE)
Name/Title
(Print)________________________________________________________________
Date:___________________________________ Phone: _______________________
PF - 24

DETROIT DEPARTMENT OF TRANSPORTATION
Form I-4
Enclosure 3A
DBE UTILIZATION PLAN
Project Name: _______________________________________________________
Requisition No: _______________________________________________________
Job Order No: ________________________________________________________
State of __________________ County (City) of _____________________________
In connection with the above caption contact, I HEREBY DECLARE AND AFFIRM that I am the
Title
(Name of Prime Contractor)
and duly authorized representative of
, and that I have personally reviewed the
material and facts set forth in and submitted with the attached Schedules of
Disadvantaged Business Enterprise (DBE). The following correctly represent our DBE
participation.
Name of DBE Firms
Type of work to be Performed
(In accordance with Schedule Cs)
Contract Amount
$
$
$
$
$
$
$
$
$
$
PF - 25
Total DBE Credit: $

DETROIT DEPARTMENT OF TRANSPORTATION
Form I-4
Enclosure 3B
AFFIDAVIT OF PRIME CONTRACTOR
To the best of my knowledge, information and belief the facts and representations
contained in the aforementioned attached schedules are true, and no material facts
have been omitted.
The undersigned will enter into formal agreements with all listed DBE firms for work as
indicated by Enclosure 2 DBE Utilization Plan and accompanying Schedules, and will
enter into such agreements within (5) business days after receipt of the contract
executed by the Detroit Department of Transportation (DDOT).
The
Prime Contractor
I solemnly declare and affirm under penalties of perjury that the contents of the
foregoing document are true and correct, and that I am authorized on behalf of the
Prime Contractor to make this affidavit.
(Name of Prime Contractor - Print or Type) _____________________________________________________
(Signature) ______________________________________________________________
On this day of , 19 ,
the above signed officer,
______________________________________________
(Name of Affiant)
personally appeared and, known by me to be the person described in the foregoing
Affidavit, acknowledge that (s)he executed the same in the capacity stated herein and
for the purpose herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
SEAL
Notary Public Signature
____
Commission Expires: ________________
PF - 26

City of Detroit
Department of Transportation
Office of Contract Compliance
FORM I-5
Enclosure 4
DOCUMENTATION OF GOOD FAITH EFFORTS
The intent of this certification is to document the good faith efforts used by the apparent successful
contractor/service provider in soliciting and utilizing disadvantaged business enterprise (DBE) firms to meet the
DBE participation requirements of this Detroit Department of Transportation (DDOT) solicitation/ project. This
certificate will assist DDOT in determining whether the apparent successful contractor/
service provider has made comprehensive good faith efforts.
Failure to implement “good faith” efforts to the satisfaction of DDOT may result in the bidder being declared
ineligible for award.
I, _____________________________________________________, do hereby acknowledge that I am the
__________________________________ of _____________________________________, who has been
identified as the apparent successful contractor/service provider on the following City of Detroit (DDOT) contract.
Provide a brief summary on why you believe your firm is unable to meet the DBE participation goal on this
project/contract. Attach additional pages if necessary.
I hereby certify that I have utilized comprehensive “good faith” efforts to solicit and utilize DBE firms to meet the
DBE participation requirements of this contract/proposal, as demonstrated by my responses to the following
questions.
PF - 27

A. Identifying Subcontract Work Items
Contractors/service providers are encouraged to select portions of work to be subcontracted in a manner which will
increase the likelihood of meeting DBE goals. In selecting work to be subcontracted, contractor/service provider
will consider, where appropriate, breaking down contracts into economically feasible units to facilitate DBE
participation.
1. Which portion(s) or section(s) of the contract proposal, in terms of the nature of work, were selected to be
subcontracted to DBE firms (or broken down into economically feasible units to facilitate DBE
participation)?
B. Notifying DBE of Contracting Opportunities
2. In the table below, indicate which firms received written notification of work items to be subcontracted. In
the appropriate space, also indicate when firms received subsequent telephone solicitations. Please attach
additional page(s) so that all companies contacted are listed. Attach photocopies of all written solicitations
to DBE firms to this certificate.
Company Date of Written Notification DBE (Yes/No)
PF - 28

3. Identify publications in which announcements or notifications were placed and published, if any.
Attach copies of proof of each announcement or notifications.
Published Announcement/Publication (Please Describe)
Date
4. Identify DBE associations or organizations that received written notifications, including dates of all
notifications. Provide name of person and date of follow-up call. If no follow-up calls were made, explain
why not. Attach copies of letters sent as proof of notification.
DBE
Association/Organization
Date of Notification
Contact
Person
Date of Follow-Up Call
5. Were the services of the City of Detroit’s (DDOT) Office of Contract Compliance used to assist in the
recruitment of DBE firms?
Yes _______
No _______
Contact was made by: Telephone_______ Written Correspondence _________
Date Contacted: ____________________ Person Contacted: ________________________
C. Providing DBEs with Assistance
6. Explain any efforts undertaken to provide DBE firms with adequate information about project scope of
work and requirements of the contract.
PF - 29

D. Soliciting Proposal/Quotes From Interested DBE Firms
Contractors must solicit proposal/quotes in good faith with interested DBE firms. Quotes, proposals, and bids from
interested DBE firms must not be rejected by contractors without sound justification.
7. Indicate in the table below which DBE firms submitted quotes on the contract/proposal. Also, provide a
brief explanation of why any of these DBE project quotes were rejected. Please attach additional page(s) if
necessary.
PF - 30

Name/Address/ City of
Contact Person of DBE Firm
Work Quoted and Explanation
for Rejecting Quotes
8. Other comments you want the City of Detroit Department of Transportation to consider should be noted
below.
PF - 31

AFFIDAVIT
STATE OF MICHIGAN)
County of _____________)
) ss
The undersigned, having been first duly sworn, says that the information given in the above certification is true
and correct to the best of his/her knowledge and belief.
Signed: _____________________________
Bidder/Authorized Representative
Subscribed and sworn to before me:
This __________ day of _________________, 20______.
______________________________________________
Notary Public
My commission expires __________________, 20_____.
PF - 32

Enclosure 5
DETROIT DEPARTMENT OF TRANSPORTATION
EEO SUBMITTAL REQUIREMENTS (WORKFORCE DATA)
AFFIRMATIVE ACTION POLICY STATEMENT
The
(Name of Company)
will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, or nation origin.
The ___________ will take affirmative action to ensure that applicants are employed,
(Name of Company)
and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and
selection for training, including apprenticeship.
The
(Name of Company)
will, in all solicitation or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed,
color, sex, or national origin.
The
(Name of Company)
, will send to each labor union or representative of workers with which we have
a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers'
representative of the _______________________________________ commitments under Section 202
(Name of Company)
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice conspicuous places available to
employees and applicants for employment.
The
Executive Order
(Name of Company)
will comply with all provisions of Executive Order 11246 (as amended by
11375), Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972), and
all state and local laws, rules, and regulations issued pursuant thereto.
Authorized Representative: _______________________________________________________________
Name of Company: ____________________________________________________________________
Date: _____________________________________
PF - 33

AFFIRMATIVE ACTION PLAN
TO ENSURE COMPLIANCE WITH PROVISIONS OF EQUAL EMPLOYMENT OPPORTUNITY,
THIS COMPANY SUBMITS THE FOLLOWING AFFIRMATIVE ACTION PLAN:
A. Workforce
Identity of
Geographical Area
(See E - pg.3)
-----Unemployment-----
Minority Minority
Rates
Population
Labor Force
Overall
Min.
Women
In view of the above Workforce Analysis, the company has analyzed its present utilization of minority
and female employees by job classification as contained in its Employment Practices Report (p.3) and
has developed the following affirmative action goals and timetable.
B. Goals and Timetable:
This company commits itself to the hiring of minorities and/or women in the following
number and job classifications in the implementation of this Affirmative Action Plan:
MINORITIES JOB CATEGORIES TARGET DATES
(Numbers)
__
___________
_________
___________
WOMEN
(Numbers)
______
_
___________
C. STEPS:
In order to achieve these goals, this company plans to take the following actions steps:
PF - 34

DETROIT DEPARTMENT OF TRANSPORTATION
FOR EMPLOYER CERTIFICATION OF WORKFORCE
Please note that this data may be obtained by visual survey or post-employment records. Neither visual
surveys nor post employment records are prohibited by Federal, State or local law. All specified data are
required to be filled in by law.
Current utilization as of
Total Employees in Establishment
Job Categories
TOTAL
EMPLOYEE
S
INCLUDING
MINORITY
(1)
TOTAL
MALE
INCLUDING
MINORITIE
S
(2)
TOTAL
FEMALE
INCLUDING
MINORITIES
(3)
ack
MALE
FEMALE
(4)(5)
Bl
spanic
MALE
FEMALE
(6)(7)
Hi
American
Indian &
Alaskan
MALE
FEMALE
(8)(9)
sian
MALE
FEMALE
(10)
(11)
A
her
MALE
FEMALE
(12)
(13)
Ot
Official &
Managers
Professionals
Technicians
Sales
Office &
Clerical
Craft Workers
(Skilled)
Operative
(semi-skilled)
Laborers
(Unskilled)
Service
Workers
Total
The undersigned certified that he/she is legally authorized by the bidder/proposer to make the
statements and representations contained in this report; that he/she has red all of the foregoing
statements and representations and they are true and correct to the best of his/her knowledge and
belief. The undersigned understands that if any of the statements and representations are made
known them to be false or there is a failure to implement any of the stated intentions or objectives
set forth herein without prior notice to D-DOT, the bidder/proposer will be subject to the loss of all
future awards.
Firm or Corporate Name: __________________________________________
Address of Office Reporting:
_______________________________________
_______________________________________
Signature: ____________________________________________________
Date of Signing: __________________________________________________
PF - 35

DETROIT DEPARTMENT OF TRANSPORTATION
EMPLOYMENT PRACTICE REPORT
Contractor
Address
Date ______________
Phone _____________
City State Zip Code ____________
Job ___________________________________________________________________
Is it the company's policy to recruit, hire, train, upgrade, promote, and decline persons
without regard to race, color, religion, sex, national origin or ancestry? YES NO
Has responsibility been assigned to develop procedures which will assure that this policy
is understood and carried out by managerial, administrative and supervisory personnel?
If "YES", please indicate the name of the official with this responsibility
Name
Title
Phone
Has the company developed a written Affirmative Action Program? If 'Yes", please
forward a copy with this form.
Have all recruitment sources been notified that the company will consider all qualified
applicants without regard to race, color, religion, sex national origin or ancestry?
If advertising is used, does it specify that all qualified applicant will be considered for
employment without regard to race, color, religion, sex national origin or ancestry?
Does the company have bargaining agreements with employee organizations? "Yes",
have such organizations been notified of the company's responsibility to comply with the
Equal Employment Opportunity Clauses and non-discrimination clause as it applies to
apprentices and other employees?
Has the company notified all of its subcontractors of their obligation to comply with the
non-discrimination clause?
Identify Employee Organizations:
(Local Union Number)
(International)
PF - 36

DETROIT DEPARTMENT OF TRANSPORTATION
DESCRIPTION OF JOB CLASSIFICATIONS
1. OFFICIAL, MANAGERS AND SUPERVISORS - Occupations
requiring administrative personnel who set brood policies,
exercise over-all responsibility for execution of these policies,
and direct individual departments or special phases of a firm's
operations. Includes: official, executives, middle management,
plant managers, department managers and superintendents,
salaried foremen who are members of management, purchasing
agents and buyers, and kindred workers.
2. PROFESSIONALS - Occupations requiring either college
graduation or experience of such kind and amount as to provide
a comparable background. Includes: accountants and auditors,
airplane pilots and navigators, architects, artists, chemists,
designers, dietitians, editors, engineers, lawyers, Liberians,
mathematicians natural scientists, personnel and labor relation
workers, physical scientist, physicians, social scientist, teachers,
and kindred workers.
3. TECHNICIANS - Occupations requiring a combination of
basic scientific knowledge and manual skill which can be
obtained through about 2 year of post high school education,
such as is offered in many technical institutes and junior colleges,
or through equivalent on-the-job training includes: draftsmen,
engineering aids, junior engineers, mathematical aides, nurses,
photographers, radio operators, scientific assistants, surveyors,
technical, illustrators, technicians, (medical, dental, electronic,
physical sciences), and kindred workers.
4. SALES WORKERS Occupations engaging wholly or primarily
in direct selling includes: advertising agents and salesmen,
insurance agents and brokers, real estate agents and brokers,
stock and bond salesmen demonstrators, salesmen, and sale
clerks, and kindred workers.
5. OFFICE AND CLERICAL WORKERS - Includes all clericaltype
work regardless of level of difficulty, where the activities are
predominantly non manual though some manual work not directly
involved with altering or transporting the products is included,
Includes: bookkeeper, cashiers, collector (bills and accounts),
messengers and office carrier personnel, office machine
operators, shipping and receiving clerks, stenographers, typists,
and secretaries, telegraph and telephone operators, and kindred
workers.
occupations, compositors and typesetters, electricians,
engravers, job setters (metal), motion picture projectionists,
pattern and model makers, stationery engineers, labors and
tailors, and kindred workers.
8. APPRENTICES - Persons employed in a program including
work training and related instruction to learn a trade of craft which
is traditionally considered an apprenticeship, regardless of
whether the program is registered with a Federal or State
agency.
9. ON-THE-JOB TRAINEES Persons engaged in formal training
for craftsmen - when not trained under apprentice programs -
semi-skilled, unskilled and service occupations.
10. SEMI-SKILLED WORKERS - Workers who operate machine
or processing equipment or perform other factory-type duties of
intermediate sill level which can be mastered in a few weeks and
require only limited training.
11. SERVICE WORKERS - Workers in both protection and nonprotective
service occupations includes: attendants (hospital and
other institution, professional and personal service) barbers,
charwomen and cleaners, cooks (except household), counter and
fountain workers, elevator operators, firemen and fire protection,
guards, watchmen and doorkeeper, stewards janitors. policemen
and detective, porters, waiters and waitress, and kindred
workers.
12. UNSKILLED WORKERS - Workers in manual occupations
which generally require no special training. Perform elementary
duties that may be learned in a few days and require the
application of little of no independent judgement, includes:
garage labors, car washers and greaser, gardeners (except farm)
and ground-keepers, longshoremen and stevedores, lumberman,
raftsmen and wood choppers, laborers performing lifting, digging,
mixing, bading an pulling operation, and kindred workers.
Please Complete Next Page
6. WHITE COLLAR TRAINEES - Persons engaged in formal
training for official, managerial, professional, technical, sales,
office and clerical occupations.
7. SKILLED AND CRAFTSMEN- Manual workers of relatively
high skill level having a thorough and comprehensive knowledge
of the processes involved in their work. Exercise considerable
independent judgement and usually received an
extensive period of training includes: the building trade hourly
paid foremen and lead men who are not members of
management, mechanics and repairmen, skilled machining
PF - 37

DETROIT DEPARTMENT OF TRANSPORTATION
DETROIT DEPARTMENT OF TRANSPORTATION
(Name of
Local)___________________________________________________________________________________
(Address of Local)
_________________________________________________________________________________
City _______________________________________ State _________ Zip __________________________
Local No. ____________________________________________________
Gentlemen:
Re: Governmental Contract Requirements
This is to notify you of a contract between
________________________________________
(Contractor)
______________________________________________________________________
__________________________________________________________
(Contractor’s address)
and the Detroit Department of Transportation (DDOT) to
______________________________ __________________________________
(Description of work)
______________________________________________________________________
__________________________________________________________
PF - 38

DETROIT DEPARTMENT OF TRANSPORTATION
FORM J
Page 1 of 4
DETROIT DEPARTMENT OF TRANSPORTATION
DEBARMENT AND SUSPENSIONS
Policy. Unless otherwise permitted by law, any person that is debarred, suspended, or
voluntarily excluded may not take part in any covered transaction, either as a participant or a
principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly,
DDOT as an UMTA recipient, may not enter into any transaction with such debarred, suspended,
or voluntarily excluded persons during such period.
A certification process has been established by 49 C.F.R. Part 29, as a means to ensure that
debarred, suspended or voluntarily excluded persons do not participate in a federally assisted
project. The inability of a person to provide the required certification will not necessarily result
in denial of participation in a covered transaction. A person that is unable to provide a positive
certification as set forth in UMTA Circular, 2015.1 must submit a complete explanation attached
to the certification. UMTA will consider the certification and any accompanying explanation in
determining whether or not to provide assistance for the project. Failure to furnish a certification
or an explanation may disqualify that person from participating in the project. In addition, each
potential contractor for a major third party contract must provide to DDOT, a certification for a
primary participant. Each potential third party contractor and subcontractor under a major third
party contract must provide to DDOT a certification for lower-tier participant. In general, lower
level employees or procurements of less than $25,000 will not be covered by the certification
procedures, except in the case of procurements with individuals that would have a critical
influence on or substantive control over the project; nevertheless, a participant is not authorized
to involve a lower level employee or enter into a contract of less than $25,000 with a person
actually known by the participant to be debarred, suspended or voluntarily excluded.
UMTA C 2015.1
4-28-89
PF - 39

DETROIT DEPARTMENT OF TRANSPORTATION
FORM J
Page 2 of 4
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
Bidder's/Proposer's Name___________________________________________________
certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible
voluntarily excluded from covered transactions by any Federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default. If you are unable
to certify to any of the statements in this certification, attach an explanation to this
certification.
The BIDDER/PROPOSER ____________________________________________,
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C.
SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
__________________________________________
Signature and Title of Authorized Official
PF - 40

DETROIT DEPARTMENT OF TRANSPORTATION
FORM J
Page 3 of 4
The undersigned chief legal counsel for the __________________________________
hereby certifies that the ______________________ has authority under State and local law to
comply with the subject assurances and that the certification above has been legally made.
________________________________
Signature of Applicant's Attorney
PF - 41

DETROIT DEPARTMENT OF TRANSPORTATION
FORM J
Page 4 of 4
CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING
DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND
VOLUNTARY EXCLUSION
The Lower Tier Participant (potential subcontractor under a major third party contract),
______________________________________, certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(If the Lower Tier Participant (potential subcontractor under a major third party contract) is
unable to certify to any of the statements in this certification, such participant shall attach an
explanation to this proposal).
THE LOWER-TIER PARTICIPANT (POTENTIAL SUBCONTRACTOR UNDER A THIRD
PARTY CONTRACT)_____________________________, CERTIFIES OR AFFIRMS THE
TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE
PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
__________________________________________
Signature and Title of Authorized Official
The undersigned chief legal counsel for the______________________ hereby certifies that
the_________________________has authority under State and Local law to comply with the
subject assurances and that the certification above has been legally made.
_________________________________
Signature of Applicant's Attorney
_________________________________
Date
PF - 42

DETROIT DEPARTMENT OF TRANSPORTATION
FORM M
Page 1 of 3
DISCLOSURE OF LOBBYING ACTIVITIES
Section 319 of the Fiscal Year 1990 Department of the Interior and Related Agencies
Appropriation Act. Public Law 101-121 contains a prohibition on the use appropriated funds for
"influencing or attempting to influence" federal officials in connection with grants, cooperative
agreements or contracts.
The law became effective December 23, 1989 and requires that all FTA grantees and contractors,
in order to remain eligible for federal funds, must certify that no federal funds are used to
influence federal employees, Members of Congress and Congressional staff regarding specific
grants and contracts. The law also requires that contractors who use non-federal funds for
lobbying on behalf of specific projects and proposals submit disclosure documentation when
these efforts are intended to influence the decision of federal officials. These provisions apply to
grants, contracts and cooperative agreements of $100,000 or more.
The attached Form M "Disclosure of Lobbying Activities" must be completed and submitted to
DDOT in order for the bidder to be considered eligible for a contract award.
PF - 43

DETROIT DEPARTMENT OF TRANSPORTATION
FORM M
Page 2 of 3
CERTIFICATION OF RESTRICTIONS ON LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
I, _____________________________________________________, hereby certify on behalf of
(Name and Title of Contractor’s Official)
__________________________________________ that:
(Name of Contractor)
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.
104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
PF - 44

DETROIT DEPARTMENT OF TRANSPORTATION
FORM M
Page 3 of 3
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. ' 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note:
Pursuant to 31 U.S.C. ' 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ________________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to
this certification and disclosure, if any.
Signature of Contractor's Authorized Official: __________________________________
Name and Title of Contractor's Authorized Official: ___________________________
Date:______________________________
PF - 45

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q
Page 1 of 2
INSTUCTIONS
RESPONSIBILITY OF BIDDER/PROPOSER
1. All Bidders/Proposers submitting a Bid/Proposal must complete and submit with its Bid/Proposal
the attached “Q” Forms. If required for a Request for Quotes (RFQ), the apparent low bidder
shall receive written notification requesting submission of Forms Q-3 and Q-4. Completed Forms
Q-3 and Q-4 shall be submitted to the DDOT Purchasing/Contract Administration Division
Office within 10 calendar days of the request.
2. Please state "not applicable" in questions clearly not applicable to Bidder/Proposer in connection
with this solicitation. Do not omit any question. If any representation is not accurate and complete
at the time Bidder/Proposer signs the “Q” Forms, Bidder/Proposer must, as part of its
Bid/Proposal, identify the provision and explain the reason in detail in the space provided below.
If additional space is needed, add additional sheet(s) to the “Q” Forms. If this space is left blank,
Bidder/Proposer shall be deemed to have represented and warranted the accuracy and
completeness of the representations on these Forms:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
3. All information must be legible.
4. Completed forms must be signed by a partner (if partnership), a duly authorized officer or
individual (if a corporation), or a principal (if a sole proprietorship).
5. The term "Proposer" includes the term "Bidder" and also refers to the firm awarded the Contract.
The term "Proposal" includes the term "Bid".
PF - 46

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q
Page 2of 2
6. If during the performance of this Contract either of the following occurs, the Bidder shall
promptly give notice of the situation, in writing, to the DDOT Procurement Manager, and
cooperate with DDOT’s review and investigation of such information.
i) Proposer has reason to believe that any representation or answer to any question
contained in the “Q” Forms was not accurate or complete at the time the Forms were
signed; or
ii)
events occur or circumstances changes so that an answer to any question in Part IV is no
longer accurate or complete.
In the DDOT’s sole discretion, the following shall constitute grounds for DDOT to take remedial
action, up to and including immediate termination of the Contract for convenience without
payment for profit and overhead for work not performed, if: i) Proposer fails to notify the DDOT’s
Procurement Manager as required by "6" above; ii) Proposer fails to cooperate with DDOT’s
request for additional information as required by "6" above.
7. DDOT reserves the right to inquire further with respect to the Proposer's responses; and Proposer
consents to such further inquiry and agrees to furnish all relevant documents and information as
requested by DDOT. Any response to this document prior or subsequent to the Proposer's Proposal
which is or may be construed as unfavorable to the Proposer will not necessarily automatically
result in a negative finding on the question of Proposer's responsibility or a decision to terminate
the Contract if it is awarded to Proposer.
PF - 47

DETROIT DEPARTMENT OF TRANSPORTATION
RFP/Project Number: _____________________________
Project Title: _____________________________________
FORM Q-1
Page 1 of 3
IDENTITY OF PROPOSER
1. Proposer's Full Legal Name: _________________________________________________
________________________________________________________________________
________________________________________________________________________
2. The Proposer represents that it operates as the following form of legal entity: (Check whichever
applies and fill in any appropriate blanks.)
an individual or sole proprietorship
a general partnership
a limited partnership
a joint venture consisting of: _________________________________________
and _____________________________________________________________
(List all joint venturers on a separate sheet if this space is inadequate.)
a non-profit organization
a corporation organized or incorporated under the laws of the following state or country:
____________________________ on the following date: ________________
3. Proposer's federal taxpayer identification number: ______________________________
4. Proposer's legal address: __________________________________________________
_________________________________________________________________
Telephone Number: (____) _________________ Fax Number: (____) ______________
PF - 48

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-1
Page 2 of 3
5. Proposer's local or authorized point of contact address:
Name: ________________________________ Title: ____________________________
Address: ________________________________________________________________
_________________________________________________________________
Telephone Number: (____) _________________ Fax Number: (____) ______________
6. a. If Proposer is a corporation, has a Certificate of Incorporation been previously
filed with the Detroit Department of Transportation?
YES NO If answer is "NO", attach a certified copy.
b. Attach a certified copy of the By-Laws and Resolution of the Corporation giving the
names and titles of the corporate officers other than President, as well as non-officer
employees, who are authorized to sign contracts, bonds, bills of sale and other legal
instruments in connection with the Contract, if the same have not been previously filed.
c. If a foreign corporation, has proof of authority to transact business in the State of
Michigan been previously filed with the Detroit Department of Transportation?
YES NO If answer is "NO", attach a certified copy.
In the event that any of Proposer's previous submissions to DDOT in response to the
above (questions a-c) no longer represent the Proposer's current corporate status, Proposer
must attach a certified copy of any documents amending its previous submissions.
7. a. How long has the Proposer been in business? _____________________________
b. Have Proposer's major shareholders, officers or principals been in business under another
name? If so, identify name and dates used.
_________________________________________________________________
c. How many years experience as a prime contractor/consultant? _______________
d. How many years experience as a subcontractor/subconsultant? _______________
PF - 49

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-1
Page 3 of 3
8. List below the names, business addresses, titles, and telephone numbers of the following people:
if a corporation, identify the president, executive officers, and any other officers directly
responsible for this Proposal; if a partnership, identify the partners directly responsible for this
Proposal; or, if another form of business entity, identify the principals directly responsible for this
Proposal.
Name Address Title Telephone No.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________
9. If your firm considers itself to be an MBE, WBE or DBE, then within the
past three years has the Proposer had any MBE, WBE, or DBE certification (or
application for such
certification) revoked or, if you made application for such
certification during such period, was same denied?
YES NO If answer is "NO", attach a certified copy
_______________________________________
Authorized Signature
_______________________________________
Printed Name
_____________________________
Date
_____________________________
Title
_______________________________________
Phone
UNSIGNED BIDS/PROPOSALS CANNOT BE CONSIDERED.
PF - 50

DETROIT DEPARTMENT OF TRANSPORTATION
RFQ/Project Number: _____________________________
FORM Q-2
Page 1 of 7
Project Title:_________________________________________________________
PROPOSER’S REPRESENTATION
1. By submission of this Proposal, the undersigned, and each person signing on behalf of the
undersigned, certifies that in the case of a joint proposal each party thereto certifies, as to its own
organization, under penalty of perjury, that to the best of its knowledge and belief:
a. the prices in this Proposal have been arrived at independently without collusion,
consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor;
b. unless otherwise required by law, the prices which have been quoted in this Proposal
have not been knowingly disclosed by the Proposer and will not knowingly be disclosed
by the undersigned prior to opening, directly or indirectly, to any other proposer or to
any competitor prior to the closing date for proposals;
c. no attempt has been or will be made by the Proposer to induce any other person,
partnership or corporation to submit or not to submit a proposal for the purpose of
restricting competition;
A Proposal shall not be considered for award nor shall any award be made where a, b, and c,
above, have not been complied with provided, however, that if in any case the Proposer cannot
make the foregoing certification, the Proposer shall so state and shall furnish with the Proposal a
signed and notarized statement which sets forth in detail the reasons therefore.
Where a, b, and c, above, have not been complied with, the Proposal shall not be considered for
award
nor shall any award be made unless the DDOT Procurement Manager, or his/her designee,
determine that such disclosure was not made for the purpose of restricting competition.
The fact that a Proposer (i) has published price lists, rates, or tariffs covering items being
procured; (ii) has informed prospective customers of proposed or pending publication of new or
revised price lists for such items; or (iii) has sold the same items to other customers at the same
prices being proposed, does not constitute, without more, a disclosure within the meaning of a, b,
and c above.
PF - 51

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-2
Page 2 of 7
a. No appointed or elected official, member or other officer or employee of the City of Detroit,
during the performance of this Contract, or in the supplies, work or business to which it
relates, or in any portion of the profits thereof, has been or will be offered or given any
tangible consideration in connection with this Proposal/Contract.
b. Proposer covenants that neither Proposer nor, to the best of the Proposer's knowledge after
diligent inquiry, any director, officer, owner or employee of the Proposer has any interest nor
shall they acquire any interest, directly or indirectly, which would conflict in any manner or
degree with the faithful performance of the Contract hereunder.
c. In the event Proposer has no prior knowledge of a conflict of interest as set forth in "a" and
"b" above and hereafter acquires information which indicates that there may be an actual or
apparent violation of any of the above, Proposer shall promptly bring such information to the
attention of the DDOT Materials Manager. Proposer shall thereafter cooperate with DDOT’s
review and investigation of such information, and comply with any instruction it receives
from the DDOT Materials Manager in regard to remedying the situation.
3. The following statements apply to any proposal or contract between Proposer and the City of
Detroit: (In the event of a "YES", DDOT reserves the right to inquire further with respect
thereto.)
a. Statements b thru o below also apply to i) Proposer's parent, subsidiaries and
affiliates (if any), ii) any joint venture (including its individual members and any
other form of partnership (including its individual members) which includes
Proposer or Proposer's parent, subsidiaries, or affiliates; iii) Proposer's directors, officers,
principals, and managerial employees and any person or entity with a 10% or more
interest in Proposer; iv) any legal entity controlled, or 10% or more of which is owned by
Proposer, or by any director, officer, principal or managerial employee of Proposer, or by
any person or entity with a 10% or more interest in Proposer; or v) any parent, subsidiary
or affiliate of any legal entity controlled, or 10% or more of which is owned by Proposer,
or by any director, officer, principal or managerial employee of Proposer, or any person
or entity with a 10 % or more interest in Proposer.
PF - 52

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-2
Page 3 of 7
b. Has the Proposer been declared not responsible. (Check "YES" or "NO", as appropriate.)
YES
NO
c. Has the Proposer been debarred, suspended, proposed for debarment, declared ineligible,
voluntarily excluded, or otherwise disqualified from bidding, proposing, or contracting.
(Check "YES" or "NO", as appropriate.)
YES
NO
d. Has the Proposer been a defaulter, as principal, surety or otherwise. (Check
"YES" or "NO", as appropriate.)
YES
NO
e. Has the government or other public entity requested or required enforcement of any of its
rights under a surety agreement on the basis of a Proposer default or in lieu of declaring
Proposer in default. (Check "YES" or "NO", as appropriate.)
YES
NO
f. Is the Proposer in arrears upon a contract or debt. (Check "YES" or "NO", as
appropriate.)
YES
NO
g. Are there any proceedings pending relating to Proposer's responsibility, debarment,
suspension, voluntarily exclusion or qualification to receive a public contract. (Check
"YES" or "NO". as appropriate.)
YES
NO
PF - 53

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-2
Page 4 of 7
h. List the name and business address of each person or legal entity which has a 10% or
more ownership or control interest in Proposer (attach additional pages as needed).
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
i. Has been convicted by a plea or verdict of guilty of, or pleaded nolo contendere to, a
misdemeanor or felony in any federal, state or local court. (Check "YES" or "NO", as
appropriate.)
YES NO
j. Have pending any state or federal grand jury or court an indictment or information for
the commission of a crime which has riot been favorably,' terminated. (Check "YES" or
"NO", as appropriate.)
YES NO
k. Is the subject of any pending investigation by any grand jury, commission, committee or
other entity or agency or authority of any state or the federal government in connection
with the commission of a crime. (Check "YES" or "No", as appropriate.)
YES NO
l. Is currently disqualified from selling or submitting bids/proposals to or receiving awards
from or entering into any contracts with any federal, state or local governmental entity,
any public authority or any public entity (Check "YES" or "NO", as appropriate.)
YES NO
m. Within the past five years, has refused to testify or to answer any question concerning a
bid or contract with any federal, state, or local governmental entity, any public authority
or other public entity when called before a grand jury or other committee,
PF - 54

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-2
Page 5 of 7
agency or forum which is empowered to compel the attendance of witnesses and examine
them under oath, upon being advised that neither the person's statement nor any
information or evidence derived from such statement will be used against that person in
any subsequent criminal proceeding. (Check "YES" or "NO" as appropriate.)
YES NO
n. Is currently disqualified from selling or submitting a bid to, or receiving an award from,
or entering into any contract with any public entity or public authority within the State of
Michigan because, within the past five years, such entity or person refused to testify or to
answer any relevant question concerning a transaction or contract with the State of
Michigan, any political subdivision of the State of Michigan, or a public authority or a
public department, agency or official of the State of Michigan or of a political
subdivision of the State of Michigan, when called before a grand jury or other state or
local department, commission or agency which is empowered to compel the attendance
of witnesses and examine them under oath. upon being advised that neither that person's
statement nor any information or evidence derived from such statement will be used
against that person in any subsequent criminal proceeding, (Check "YES" or "NO", as
appropriate.)
YES NO
o. Has within a three year period preceding this Proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain. or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property. (Check
"YES" or "NO", as appropriate.)
YES NO
PF - 55

DETROIT DEPARTMENT OF TRANSPORTATION
FORM Q-2
Page 6 of 7
p. Explain any "YES" answers to a thru o in the space provided below (attach additional
pages as needed).
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____
PF - 56

FORM Q-2
Page 7 of 7
ADDITIONAL QUESTIONS
1. List all Proposer's employees:
a. who are currently employees of the City of Detroit.
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
b. who within the past two years have been City of Detroit employees who were involved on behalf of
Proposer with the preparation of this Proposal or would be involved in the performance of the
Contract if it is awarded to Proposer.
_________________________________________________________________________________
_________________________________________________________________________________
_______________________________________________________________________
2. Does Proposer have a subsidiary or affiliate?
YES
NO If answer is "YES", list firm name, address and affiliation
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
_______________________________________________________________________
3. Is Proposer a subsidiary of another entity?
YES NO If answer is "YES", list firm name, address and affiliation
_______________________________________________________________________
_______________________________________________________________________
________________________________________________________________________
_________________________________________________________________________
4. Does Proposer, any director, officer, principal or managerial employee of Proposer, or any other person
or entity with a 10% or more interest in Proposer have an interest of 10% or more in any other firm or
legal entity?
YES NO If answer is "YES", list individuals name and firm or entity
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________
Signature: __________________________________________
Title: ______________________________________________
Firm: ______________________________________________
PF - 1

FORM Q-3
Page 1 of 7
RFQ/Project Number: ____________________________
Project Title: _________________________________________________
TECHNICAL DISCLOSURE
1. List the name, title and business address of each director and principal officer of Proposer.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____
2. Number of employees: _______________ including ____________ employees in the
Metropolitan Detroit Area.
3. Does the Proposer have any outstanding bids or proposals for contracts (i.e., bids or proposals
pending where no contract has yet been awarded) with the City of Detroit? If none, state "None".
If yes, please list them and provide the name of the requesting agency, the contract number, a
brief description of the work effort and the status of the bid or proposal. Indicate if the
bid/proposal was submitted by the Bidder as prime contractor or joint venture.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
______________
4. Has the Proposer been awarded any contracts within the last three years by the City of Detroit? If
none, state "None". If yes, describe those contracts beginning with the most recent. State the name
of the contracting entity; give a brief description of the contract and the contract number; state the
contract period, the status of the contract, and the name, address, and telephone number of a contact
person at the agency. Indicate if award was made to Proposer as prime contractor or joint venture.
Proposer need not provide more than six such descriptions.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________
PF - 2

FORM Q-3
Page 2 of 7
5. Does the Proposer have any current private sector projects? If none, state "None". If yes, provide
name and address of owner, a brief description of work, status of contracts and name, address and
telephone number of contact person as to each, beginning with the most recent. Indicate if Proposer
is acting as prime contractor or joint venture. Proposers need not provide more than six such
descriptions.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
__________________________________________________
6. For each of the following contracts, provide a brief description of the work performed, the
contract number, the dollar amount at award and at completion, date completed, and the name and
telephone number of the owner's representative.
a. Each contract completed during the last three years or, if less than three contracts have been
completed during the last three years, list the last three contracts completed.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
__________________________________________________
b. Each contract completed during the last three years or, if less than three contracts have been
completed during the last three years, list the last three contracts completed, for which
liquidated damages or penalty provisions were assessed against you for failure to complete the
work on time or for any other reason.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________
PF - 3

FORM Q-3
Page 3 of 7
7. List each contract which, during the last three years, the person/entity contracting with you:
i) terminated for default; ii) sued to compel performance; iii) sued to recover damages, including,
without limitation, upon alleged breach of contract, misfeasance, error or omission or other alleged
failure on your part to perform as required by your contract; or iv) called upon a surety to perform the
work.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_______________________________________________________________________
8. Describe whether any present or anticipated commitments and/or contractual obligations might
have an influence on the capabilities of the Proposer to perform the work called for by this
Contract. Any apparent conflicts as between the requirements/commitments for this Contract
and the matters listed in items 3, 4, 5 or 6, above, with respect to the use of Proposer's resources,
such as management or technical expertise or financing, should be explained. If none, state
"None".
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________
9. Describe any litigation, in which the Proposer is involved, which:
a. has or may have an impact on the Proposer's ability to perform any work called for by this
solicitation; or
b. the demand or potential exposure is for more than $250,000, exclusive of personal injury litigation
where the liability is covered by insurance.
If none, state "None."
__________________________________________________________
__________________________________________________________
__________________________________________________________
PF - 4

FORM Q-3
Page 4 of 7
10. During the past three years, has the Proposer's firm ever been a party to a bankruptcy or
reorganization proceeding?
YES NO If answer is "YES", explain below.
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________
11. a. If any professional or other licenses, permits, or certifications are required to perform
the work/services called for by this solicitation, list the license, permit, or certification
that the Proposer or Proposer's employees or agents possess. If none, state "None".
License or Permit
Issuing
or Certification Name of Holder State or Entity
_________________ _______________________ __________________
_________________ _______________________ __________________
_________________ _______________________ __________________
_________________ _______________________ __________________
b. Have any of the Proposer's officers, partners, owners, managers or employees had any
project related licenses, permits or certifications revoked or suspended in the past three
years.
YES NO If answer is "YES", explain details below.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
__________________________________________________
PF - 5

FORM Q-3
Page 5 of 7
12. Does the Proposer's firm share office space, staff or equipment (including telephone exchanges)
with any other business or organization?
YES NO If answer is "YES", list firm name, address and
nature of shared facilities.
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________
13. Has Proposer's safety practices/procedures been evaluated or rated as less then satisfactory by
the City or State of Michigan, any other state, any public authority or other public entity, the
United States government, within the past five years?
YES NO If answer is "YES", explain details below.
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________
14. Is your firm's Workers Compensation Experience Rating 1.2 or greater?
YES NO If answer is "YES", explain details below.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PF - 6

FORM Q-3
Page 6 of 7
15. Does Proposer have either a history of claims loss or any substantial individual claim loss
within the past five years due to general liability or workers compensation claims?
YES NO If answer is "YES", explain details below.
________________________________________________________________________
________________________________________________________________________
16. List the names, titles and attach resumes which indicate the level of skill and experience of your
proposed project management team. (See Specifications or the Scope of Work for the functions of the
project management team, as applicable, and other requirements in regard to project management.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
17. Which of the individuals named in item 16, above, will be utilized exclusively on this Contract
on a full-time basis? (The Specification or the Scope of Work may indicate requirements for
certain dedicated staff.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PF - 7

FORM Q-3
Page 7 of 7
18. Which of the individuals named in item 16, above, are not presently officers, partners, owners
or employees of the firm?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
19. Attach an outline of your proposed Quality Control program (see appropriate
section of the Specifications or the Scope of Work) for this Contract. Where the
Specifications or the Scope of Work set out required elements for the program,
such outline must cover each element.
Signature: __________________________________________
Title: ______________________________________________
Firm: ______________________________________________
PF - 8

RFP/Project Number: _____________________________________
Project Title: ____________________________________________
FORM Q-4
Page 1 of 10
FINANCIAL DISCLOSURE
1. Provide certified financial statements for the last three fiscal years. If certified
financial statements are not available, provide financial statements sworn to by
the firm's Chief Financial Officer.
2. The Proposer may submit its prior three (3) years' financial statements in lieu of completing
Section 1 (Balance Sheet), Section 2 (Comparative Statement of Income & Retained Earnings),
and Section 3 (Comparative Statements of Cash Flows). However, Section 1, Schedules A, B,
C, D, E and F and Sections 4, 6 and 7 must be completed. If the Proposer is required to submit
a performance bond, Section 5 must also be completed.
PF - 9

FORM Q-4
Page 2 of 10
SECTION 1
COMPARATIVE BALANCE SHEET
as of
($000) 20___ 20___ 20___
$ $ $
I. CURRENT ASSETS:
Cash ___________________________ ________ ________ ________
Marketable Securities ______________ ________ ________ ________
Notes Receivable (Schedule A) ______ ________ ________ ________
Accounts Receivable (Schedule B) ___ ________ ________ ________
Bid Deposits (Schedule C) __________ ________ ________ ________
Inventories ______________________ ________ ________ ________
Prepaid Expenses _________________ ________ ________ ________
Other Current Assets:
________________________________ ________ ________ ________
________________________________ ________ ________ ________
________________________________ ________ ________ ________
TOTAL CURRENT ASSETS
$_______
$_______
$_______
II.
OTHER ASSETS:
Investment in Affiliates
$_______
$_______
$_______
Other Non-Current Assets:
________________________________ __________ ________ ________
________________________________ __________ ________ ________
________________________________ __________ ________ ________
TOTAL OTHER ASSETS $_________ $_______ $_______
III.
PROPERTY, PLANT & EQUIPMENT:
NET PROPERTY, PLANT & EQUIPMENT
(Net of Depreciation) $_________ $______ $_______
TOTAL ASSETS $_________ $______ $________
PF - 10

FORM Q-4
Page 3 of 10
LIABILITIES
($000) 20___ 20___ 20___
$ $ $
I. CURRENT LIABILITIES
Notes Payable (Schedule D) ________ __________ _________ ________
Accounts Payable (Schedule E) _____ __________ _________ ________
Loans Payable (Schedule F) ________ __________ _________ ________
Taxes Payable ___________________ __________ _________ ________
Current Portion of Long Term Debt __ __________ _________ ________
Accrued Liabilities _______________ __________ _________ ________
Other Current Liabilities:
________________________________ __________ _________ ________
________________________________ __________ _________ ________
________________________________ __________ _________ ________
________________________________ __________ _________ ________
________________________________ __________ _________ ________
TOTAL CURRENT LIABILITIES $_________ $________ $_______
II.
NON-CURRENT LIABILITIES
Long Term Debt __________________ __________ _________ _______
Other:___________________________ __________ _________ _______
________________________________ __________ _________ _______
________________________________ __________ _________ _______
TOTAL NON-CURRENT LIABILITIES $_________ $________ $______
TOTAL LIABILITIES $_________ $________ $______
III.
EQUITY
Capital Stock Paid Up:
Common ______________________ $_________ $_________$________
Preferred ______________________ $_________ $_________$________
Surplus (net worth) ________________ $_________ $_________$________
TOTAL EQUITY $_________ $_________$________
TOTAL LIABILITIES AND EQUITY $_________ $_________$________
PF - 11

FORM Q-4
Page 4 of 10
DETAILS RELATIVE TO ASSETS
Notes Receivable
SCHEDULE A
(a) due within 90 days ____________$______________
(b) due after 90 days ____________$______________
(c) past due _____________________$______________
Receivable From:
Name
Purpose
Date of
Maturity
How
Secured
Amount
$
TOTAL $
SCHEDULE B
Aging of Accounts Receivable P A S T D U E
Current
1 to
30 days
31 to
60 days
61 to
90 days
Over
90 Days
Trade $ $ $ $ $ $
Other $ $ $ $ $ $
Total $ $ $ $ $ $
Total
PF - 12

FORM Q-4
Page 5 of 10
Bid Deposit
Holder of Deposit: Name
SCHEDULE C
Description
$
Amount
TOTAL $
DETAILS RELATIVE TO LIABILITIES
Notes Payable
SCHEDULE D
(a) Not Past Due __________________$ _______________
(b) Past Due __________________$ _______________
To Whom: Name Purpose When Due Amount
$
TOTAL $
Accounts Payable
SCHEDULE E
(a) Not Past Due __________________$ _______________
(b) Past Due __________________$ _______________
To Whom: Name Purpose Date
Payable
$
Amount
TOTAL $
PF - 13

FORM Q-4
Page 6 of 10
Loans Payable
SCHEDULE F
(a) Not Past Due __________________$ _______________
(b) Past Due __________________$ _______________
To Whom: Name Purpose Date
Payable
$
Amount
TOTAL $
PF - 14

FORM Q-4
Page 7 of 10
SECTION 2
COMPARATIVE STATEMENT OF INCOME & RETAINED EARNINGS
STATEMENT FOR PERIODS ENDED: 20___ 20___ 20___
SALES___________________________ $________ $________ $________
Less:
COST OF SALES:
Labor _____________________ _________ _________ _________
Material ___________________ _________ _________ _________
Depreciation ________________ _________ _________ _________
Other Overhead _____________ _________ _________ _________
GROSS MARGIN $________ $________ $________
Less: Selling, General and
Administrative Expenses ______ _________ _________ _________
Income Before Taxes _________ _________ _________ _________
Less: Income Taxes __________ _________ _________ _________
NET INCOME $________ $________ $________
Retained Earnings Beginning
of Period _______________ $________ $________ $________
Less: Cash Dividends Paid ____ $________ $________ $________
Other:________________ $________ $________ $________
Net Retained Earnings End
of Period ________________ $_________ $_________ $________
PF - 15

FORM Q-4
Page 8 of 10
SECTION 3
COMPARATIVE STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED
Increase (Decrease) in Cash
20___ 20___ 20___
Cash flows from operating activities:
_____ $______ $_______
$__
Cash received from customers_______
Cash paid to suppliers & employees ____ ________ ______ ________
Interest Paid ________________________ ________ ______ ________
Income Taxes Paid ___________________ ________ ______ ________
Miscellaneous receipts (payments) ________ ________ ______ ________
____________________________________ ________ ______ ________
____________________________________ ________ ______ ________
____________________________________ ________ ______ ________
Net cash provided by operating. activities __ $_______ $______ $________
Cash flows from investing activities: _______ ______ ________
Proceeds from sale of equipment:__________ _______ ______ ________
Payments for purchase of equipment:_______ _______ ______ ________
_____________________________________ _______ ______ ________
_____________________________________ _______ ______ ________
_____________________________________ _______ ______ ________
Net Cash Used in Investing activities:_______ $_______ $_____ $_______
Cash flows from financing activities: ________ _____ ________
Net increase in short-term debt:
________ _____ ________
Proceeds from issuance of long-term debt ___ ________ _____ ________
Repayment of long-term debt _____________ ________ _____ ________
Payment of Dividends ___________________ ________ _____ ________
_____________________________________ ________ _____ ________
_____________________________________ ________ _____ ________
_____________________________________ ________ _____ ________
Net Cash provided by (used in) financing
Activities
$_______ $____ $_______
PF - 16
______
______
______

FORM Q-4
Page 9 of 10
Net increase (decrease) in cash ____________ $_______ $____ $_______
Cash at beginning of year ________________ $_______ $____ $_______
Cash at end of year _____________________ $_______ $____ $_______
SECTION 4 - IDENTITY OF OWNERS
Who are the principal owners or shareholders of the business enterprise and approximately
what percentage does each own?
Name
Percent Owned
SECTION 5 - PERFORMANCE BOND INFORMATION
Section 5 is only applicable to solicitations in which the Proposer is required to provide a
performance bond.
Names and addresses of bonding company or companies that have agreed to furnish the
performance bond required by the Contract.
1. Name:__________________________________________
Address:_________________________________________________________________
Bond Amount:____________________________________
Expiration Date:___________________________________
2. Name:__________________________________________
Address:_________________________________________________________________
Bond Amount:____________________________________
Expiration Date:___________________________________
PF - 17

FORM Q-4
Page 10 of 10
SECTION 6 - SUBCONTRACTS
What parts of this Contract, if any, does Proposer expect to subcontract?
Portion of Work
Name and Address of Proposed
Subcontractor, if known
SECTION 7 - CERTIFICATION
I certify that the attached financial statements for this Proposal properly reflect the financial
position of the company for the periods indicated on the financials.
______________________ ________________
Chief Financial Officer
Date
PF - 18

FORM S
RFP/Project Number: _____________________________
Project Title:_____________________________________
VERIFICATION AND ACKNOWLEDGMENT
STATE OF _____________________________
COUNTY OF ___________________________
On the ______ day of _________________ 20____, before me personally came and
appeared_________________________________________________ by me known to be said
person, who swore under oath as follows:
1. He/She is _____________________ of ______________________________
(Print title)
(Print name of firm)
2. He/She is duly authorized to sign the Proposer=s Forms on behalf of said firm and duly
signed these documents pursuant to said authorization.
3. The answers to the questions set forth in the Proposer=s Forms are true, accurate and
complete.
4. He/She acknowledged and understands that the Proposer=s Forms include provisions
which are deemed included in the Contract if awarded to the firm.
Signature:______________________________
Name:_________________________________
(Print)
Sworn to before me this ___________ day of __________________, 20____
_________________________________________
(Notary Public)
PF - 19

CLEARANCE NOTIFICATION
Any bidder or vendor may apply for clearance certificates. Before the City can award a contract to a
successful bidder, that bidder must obtain and provide clearance certificates to the City of Detroit Purchasing
Division.
ALL BIDDERS AND POTENTIAL VENDORS ARE ADVISED TO OBTAIN PRE-APPROVALS
UTILIZING THE ATTACHED CLEARANCE REQUEST FORMS SO AS NOT TO DELAY OR
JEOPARDIZE CONTRACT AWARD.
Clearance certificates are statements of bidder compliance with applicable City of Detroit Ordinances and are
required prior to award of contracts. The clearance certificates must be obtained from each of the following
departments and divisions:
1. Income Tax Division, Finance Department
512 Coleman A. Young Municipal Center
Detroit, MI 48226
Telephone: (313) 224-3329
2. Revenue Collection Division, Finance Department
1012 Coleman A. Young Municipal Center
Detroit, MI 48226
Telephone: (313) 224-4087
FAILURE TO PROVIDE ALL REQUIRED CLEARANCES WITHIN THE TIME ALLOWED MAY
RESULT IN THE REJECTION OF QUOTES, BIDS AND/OR PROPOSALS.
After the evaluation of quotes, bids or proposals the City will send (via E-MAIL or by First Class mail to the
E-MAIL or MAILING ADDRESS indicated on the signature page of the bid form) notifications to the two
lowest responsive and responsible bidders that they must obtain and provide the Purchasing Division with
clearance certificates within ten (10) business days after date of request. The vendor and/or bidder shall be
responsible for any mailing delays or failure of the U. S. Postal Service to deliver.
3. Human Rights Department Affidavit (effective 12/1/2010) must be completed in its
entirety, notarized and submitted with your bid. Failure to submit completed affidavit with
your bid will (disqualify your bid for non-compliance) or (will be cause for rejection).
4. Slavery Era Affidavit: Require all bidders to submit a signed and notarized Slavery Era
Records and Insurance Disclosure Affidavit per Chapter 18, Article V of the Purchasing
Ordinance. The Ordinance requires the Vendor to disclose any records within its possession
or knowledge relating to investments or profits from the slave industry, including insurance
policies issued to slave holders that provided coverage for injury, death or other loss related
to slaves who were held during the slavery era in the US.
5. Hiring Policy Compliance (Effective 7/1/2012): All Bid responses to this Request For
Proposal (RFP) or responses to this Request For Qualifications (RFQ) must include the
attached Hiring Policy Compliance Affidavit executed by the same individual who signs the
Bid. A Bid submitted without this Affidavit and a copy of their application to verify
compliance will be deemed non-responsive and will not be evaluated.
PF - 20

__
CITY OF DETROIT FINANCE
DEPARTMENT INCOME
TAX DIVISION
512 COLEMAN A. YOUNG
MUNICIPAL CENTER
DETROIT, MICHIGAN 48226
PHONE 313 • 224 • 3327
FAX 313 • 224 • 4588
INCOME TAX CLEARANCE CERTIFICATE
INFORMATION AND INSTRUCTION FOR PURCHASING VENDORS
The vendor is responsible for completing Parts A, B and C of the Bidder's Income Tax Clearance. (The
information required to complete Part B is enclosed in the Bidder's solicitation Packet.) The vendor must
submit the Bidder's Income Tax Clearance request to Income Tax Clearance request to Income Tax at least
seven (7) business days before the Tax Clearance is due in Purchasing. A drop off tray for Purchasing
Vendors tax clearance requests will be located on the front counter of the Income Tax Division's reception
area. NO ONE WILL BE AVAILABLE TO ANSWER QUESTIONS AT THE TIME THE REQUEST IS
DROPPED OFF. Tax Clearances may be picked up at the same location one week from the day that the
clearance was dropped off.
WHAT IS AN INCOME TAX CLEARANCE? An Income Tax Clearance, valid for ninety (90) days, states
that an individual or business seeking employment or contracts with the City of Detroit has complied with all
the provision of the City Income Tax Ordinance.
REQUIREMENTS FOR VENDORS. When requesting an Income Tax Clearance, complete the form
carefully to avoid processing delays. We must have the full name of the individual or business, the complete
address, including zip code and telephone number. Clearances without social security numbers or federal
identification numbers CANNOT be processed, they will be denied. Individuals married or previously married
who filed joint returns must include spouse's social security number. If business is a sole proprietorship, the
owner's social security number must be provided.
REQUIREMENTS FOR INDIVIDUALS. Individuals must show compliance for five (5) years and have no
unpaid assessments. Compliance is proven by filing returns or providing proof of non-residency (copy of
lease, mortgage closing statement, driver's license, voter's registration card, etc.) during the period of
assessment. If individuals seeking tax clearance resided within the City, but claimed dependent status on
another person's tax return, or received public assistance, then proof may be required. Assessment
balances must be paid or payment arrangements made before an approved tax clearance can be issued.
REQUIREMENTS FOR BUSINESSES. Businesses must show compliance for five (5) years and have no
unpaid assessments. Compliance is proven by filing and paying withholding taxes and corporate income
taxes. If a business seeking tax clearance was not required to file taxes because business location was
outside of City, or because business had no employees subject to withhold, proof may be required.
Contractors must supply list of sub-contractors with federal identification numbers or social security numbers.
Assessment balances must be paid or payment arrangements made before an approved tax clearance can
be issued.
INCOME TAX CLEARANCE DENIALS. Income Tax Clearances are usually denied because of one of the
following reasons: (1) No City income tax filing history, (2) Unpaid assessments and (3) Missing tax returns.
Taxpayers denied an income tax clearance will be notified by telephone, fax or mail. They must call (313)
224-3328 to schedule an appointment as soon as possible to resolve tax issues. Income tax returns and
related data regarding taxpayers are confidential; therefore, reasons for denial are given only to the taxpayer.
Our office is located in the Coleman A. Young Municipal Center, Room 512. Office hours are 8:00 A.M. -
4:00 P.M., Monday through Friday
PF - 21

REQUEST FOR INCOME TAX CLEARANCE
REQUESTING DEPARTMENT/DIVISION: CONTACT: PHONE:
Type of Clearance: New Renewal (Please submit 30 days prior to submitting bid or expiration
date)
To:
For:
A. City of Detroit Individual
Income Tax Division
or Company Name
Coleman A. Young Municipal Center
2 Woodward Avenue, Ste. 512 Address
Detroit, MI 48226
Phone: (313) 224-3328 or 224-3329
Fax: (313) 224-4588 City
State
Zip Code
Telephone Fax #
B. Name of Chief Financial Officer/Authorized Contact
Person
(include address if different from above)
Employer Identification or Social Security Number
Telephone #
Fax #
Spouse Social Security Number
BID/CONTRACT AMOUNT (if known):
Nature of Contract: Labor: $ Material: $_
Contract # (if known)
C. ALL QUESTIONS MUST BE ANSWERED TO EXPEDITE APPROVAL PROCESS. ANY QUESTION NOT
ANSWERED MAY RESULT IN A DENIAL OF INCOME TAX CLEARANCE
Check One: Individual Corporation Partnership
INDIVIDUALS ANSWER QUESTIONS 1,2,3,4.
1. Have you filed joint returns with spouse during the last seven (7) years? (If yes, include spouse SSN above) Yes
No
2. Are you a student, and/or claimed as a dependent on someone else’s tax return? Yes No
3. Were you employed during the last seven (7) years? Yes No
4. Were you a resident of Detroit during the last seven (7) years? Yes No
CORPORATIONS AND PARTNERSHIPS ANSWER QUESTIONS 5,6,7.
5. Is the company a new business in Detroit? If yes, attach Employer Registration (Form DSS-4). Yes No
6. Will the company have employees working in Detroit? Yes No
7. Will the company use sub-contractors or independent contractors in Detroit? Yes No
D
FOR INCOME TAX USE ONLY
Has the contractor complied with the provisions of the City Income Tax Ordinance?
Yes No Signature Date Expires
PF - 22

Yes No Signature Date Expires
Yes No Signature Date Expires
VISIT OUR WEBSITE FOR INFORMATION AND TAX FORMS AT www.ci.detroit.mi.us
PF - 23

PURCHASING DIVISION
VENDOR CLEARANCE REQUEST
REVENUE COLLECTION CLEARANCE
All Purchasing Division vendors in compliance with Ordinance 52-H (No outstanding
obligations to the City of Detroit) requirements will receive an approved Revenue
Collection Clearance. Copies of the approved clearance may be submitted with bid
packages until the clearance expiration date. Revenue Collection Unit clearances may
have various validity dates--usually within the same fiscal year.
VENDOR CLEARANCE REQUESTS
Purchasing Division clearance requests will be called Purchasing Division Vendor
Clearance Request.
The vendor request provides for submission of all pertinent data relating to the business
or individual seeking the contract. It must be filled out in its entirety and submitted along
with any additional documentation, such as:
(1) Copies of lease and/or rental agreements, if the real property does not belong
to the applicant
(2) Federal I.D. number or SS#, if a sole proprietor.
(3) Personal Property tax I.D. number, if applicable. If you do not know your
number or need to apply for one, you must go to Room 607 for this
information.
Missing and/or inaccurate information may result in processing delays.
INTERNAL PROCESSING
DOCUMENT REVIEW TAKES FIVE (5) WORKING DAYS. IT IS THE VENDOR'S
RESPONSIBILITY TO PROVIDE REQUIRED DOCUMENTATION IN TIME FOR A REVIEW
AND RECOMMENDATION PRIOR TO THE BID ENDING DATE.
CLEARANCE REQUESTS MAY BE DROPPED OFF ON ALL NORMAL WORK DAYS
BETWEEN 8:30 A.M. AND 4:30 P.M. IN ROOM 1012 OF THE COLEMAN A. YOUNG
MUNICIPAL CENTER. A TRAY LABELED VENDOR CLEARANCES WILL BE AVAILABLE ON
THE FRONT COUNTER. PICKUP OF COMPLETED FORMS CAN BE MADE AFTER 8:30
A.M. THE FIFTH WORKING DAY (NO SATURDAYS OR SUNDAYS) AFTER SUBMISSION
NO ONE WILL BE AVAILABLE TO ANSWER QUESTIONS AT THE TIME OF SUBMISSION.
DENIED REQUESTS WILL INCLUDE THE REASON FOR DENIAL.
VENDORS IN POSSESSION OF AN EXPIRED APPROVED CLEARANCE SHOULD SUBMIT
THE EXPIRED CLEARANCE WITH THEIR REQUEST.
PF - 24

PURCHASING DIVISION
VENDOR CLEARANCE REQUEST
Submit to:
Revenue Collections
Purchasing Vendor
1012 Coleman A. Young Municipal Center
Detroit, MI 48226
(313) 224 – 4087 (Telephone)
(313) 224 – 4238 (Fax)
Nature of Contract
Contract Amount
Business Type: ( ) Corp
( ) Partnership ( ) Sole Proprietorship ( ) Personal Services
Business Name
Business Address_
Ward/Item #
F.I.D. NO.
City Personal Property I.D. #
Owner(s) Name
Owner(s) SS#
Contact
Person
Phone
Number
Fax Number
Owner(s) Home Address ( ) Lease ( ) Own
Please do not write below this line for department use only.
Real Property Special Assessment Personal Property Other Receivable
( ) Denied ( ) Denied ( ) Denied ( ) Denied
( ) Approved ( ) Approved ( ) Approved ( ) Approved
Comments:_
Please mail, fax or drop off this Vendor Request Form to the Revenue Collection Unit at the address
indicated above. You will responsible for keeping the clearance and submitting a photocopy to Purchasing
with your bid package.
Signature (City of Detroit) Date Expiration Date
PF - 25

COVENANT OF EQUAL OPPORTUNITY
(Application for Clearance – Terms Enforced After Contract is Awarded)
I, being duly authorized representative of the , (hereinafter “Contractor”), do hereby
enter into a Covenant of Equal Opportunity (hereinafter “Covenant”) with the City of Detroit, (“hereinafter”
City); obligating the Contractor and all sub-contractors not to discriminate against any employee or applicant
for employment, training, education, or apprenticeship connected directly or indirectly with the performance
of the contract, with respect to his or her hire, promotion, job assignment, tenure, terms, conditions or
privileges of employment because of race, color, religious beliefs, public benefit status, national origin, age,
marital status, disability, sex, sexual orientation, or gender identity or expression.
I understand that it is my responsibility to ensure that all potential sub-contractors are reported to the City of
Detroit Human Rights Department and have a current Contract Specific Clearance on file prior to working
on any City of Detroit contract. I further understand that the City of Detroit reserves the rights to require
additional information prior to, during, and at any time after the Clearance is issued.
Furthermore, I understand that this covenant is valid for the life of the contract and that a breach of this
covenant shall be deemed a material breach of the contract and subject to damages in accordance with the
City of Detroit Code, Ordinance No. 27-3-2, Section (e).
RFQ/PO No.
Printed Name of Contractor:
(Type or Print Legibly)
Contractor Address: , ,
(City) (State) (Zip)
Contractor Phone/E-mail: /
(Phone)
(E-mail)
Printed Name & Title of Authorized Representative:
Signature of Authorized Representative:
Date:
*** This document MUST be notarized ***
Signature of Notary:_
Printed Name of Seal of Notary:
My Commission Expires: /_ /
For Office Use Only:
Cov. Rec’d: / _/ in Department Name:
□ Accepted by:
□ Rejected by:
Please email or fax Covenant and EOC to Director of Human Rights Department 1240 CAYMC
at HumanRightsCL@detroitmi.gov or fax (313) 224-3434
PF - 26

SLAVERY ERA RECORDS AND INSURANCE DISCLOSURE ORDINANCE
NOTICE OF ENACTMENT OF ORDINANCE TO:
THE PEOPLE OF DETROIT, MICHIGAN
(On June 23, 2004, the City of Detroit adopted the following Ordinance)
ORDINANCE NO. 20-04
CHAPTER 18
ARTICLE V
AN ORDINANCE TO AMEND CHAPTER 18, ARTICLE V, OF THE 1984 DETROIT CITY
CODE, TITLED “PURCHASES AND SUPPLIES.” BY ADDING DIVISION 7. TITLED
“SLAVERY ERA RECORDS AND INSURANCE DISCLOSURE.” WHICH SHALL CONSIST
OF SECTIONS 18-5-91 THROUGH 18-5-93, TO REQUIRE, AS PART OF THE
CONTRACTING PROCESS, THAT EACH CONTRACTOR WITH WHICH THE CITY ENTERS
INTO A CONTRACT SEARCH ITS RECORDS AND THOSE OF ANY PREDECESSOR
ENTITY, AND SUBMIT AN AFFIDAVIT DISCLOSING ANY RECORDS WITHIN ITS
POSSESSION OR KNOWLEDGE RELATING TO INVESTMENTS OR PROFITS FROM THE
SLAVE INDUSTRY, INCLUDING INSURANCE POLICIES ISSUED TO SLAVE HOLDERS
THAT PROVIDED COVERAGE FOR INJURY, DEATH OR OTHER LOSS RELATED TO
SLAVES WHO WERE HELD DURING THE SLAVERY ERA IN THE UNITED STATES.
AN ORDINANCE to amend Chapter 18, Article V, of the 1984 Detroit City Code, titled
“Purchases and Supplies.” by adding Division 7. titled “Slavery Era Records and
Insurance Disclosure.” which shall consist of Sections 18-5-91 through 18-5-93, to require, as
part of the contracting process, that each contractor with which the City enters into a contract
search its records and those of any predecessor entity, and submit an affidavit disclosing
any records within its possession or knowledge relation to investments or profits from the slave
industry, including insurance policies issued to slave holders that provided coverage for injury,
death or other loss related slaves who were held during the slavery era in the United States.
IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF DETROIT THAT:
Section 1. Chapter 18, Article V, of the 1984 Detroit City Code, titled “Purchases and Supplies.” by adding
Division 7. titled “Slavery Era Records and Insurance Disclosure.” which shall consist of Sections 18-5-91
through 18-5-93, to read as follows:
DIVISION 7. SLAVERY ERA RECORDS AND INSURANCE DISCLOSURE.
Sec. 18-5-91. Scope.
(a) This division shall apply to each contractor for goods or services with which the City enters into a
contract, whether or not the contract is subject to competitive bid.
(b) Each contactor shall be responsible for searching and disclosing records of the entity which proposes to
enter into a contract with the City as well as all records of any predecessor entity that are within the
possession or knowledge of the contractor regarding records of Investments or profits from the slave
Industry, including records of any insurance policies issued to slave holders which provided coverage for
injury, death, or other loss related to slaves who were held during the slavery era in the United States.
PF - 27

SLAVERY ERA RECORDS AND INSURANCE DISCLOSURE ORDINANCE
Sec. 18-5-92. Affidavit of disclosure required.
(a) As part of its contract package, each contractor with which the City enters into a contract shall
submit to the Finance Department Purchasing Division prior to the submission to City Council or
approval of such contract, an affidavit that discloses the information indicated in Subsection (b) and
(c) of this section. The affidavit shall be on a form provided by the Finance Department Purchasing
Division.
(b) The affidavit shall verify that the contractor has searched all records of the entity which proposes to
enter into a contract with the City, as well as all records of any predecessor entity, that are within the
possession or knowledge of the contractor regarding records of investments or profits from the slave
industry, including records of any insurance policies issued to slave holders which provided
coverage for injury, death, or other loss related to slaves who were held during the slavery era in the
United states.
(c) The affidavit shall disclose ay information discovered during the search regarding investments or
profits from slavery or slave holder insurance policies which accrued to the current entity or to any
predecessor entity, including the names of any slaves or slave holders that are described in such
records or are otherwise within the knowledge of the contractor.
Sec 18-5-93. Voidability of contract.
(a) Failure to comply with this division shall render the contract voidable by the City.
(b) A determination to void the contract for failure to comply with this division shall be made by the
Director of the Finance Department at any time after reviewing, or become aware of, information
which indicates that a contractor has failed to comply with this division.
Sec 18-5-94—18-5-100. Reserved.
Section 2. All ordinances, or parts of ordinances, that conflict with this ordinance are repealed.
Section 3. This ordinance is declared necessary for the preservation of the public peace, health, safety,
and welfare of the People of the City of Detroit.
Section 4. In the event that this ordinance is passed by a two-thirds majority of City Council Members
serving, it shall be given immediate effect and shall become effective upon publication in accordance with
Section 4-116 of the 1997 Detroit City Charter,. Where this ordinance is passed by less than a two-thirds
(2/3) majority of City Council Members serving., it shall become effective no later that thirty (30) days after
enactment, or on the first business day thereafter in accordance with Section 4-115 of the 1997 Detroit City
Charter.
(J.C.C.p. ) May 5, 2004
Passed: June 23, 2004
Published: July 19, 2004
Effective: July 19, 2004
JACKIE L. CURRIE
City Clerk
PF - 28

1. Name of Contractor:
2. Address of Contractor:
CITY OF DETROIT
SLAVERY ERA RECORDS AND INSURANCE DISCLOSURE AFFIDAVIT
3. Name of Predecessor Entities (if any):
4. Prior Affidavit submission? No
If “No”, complete Items 5 and 6.
Yes, on:
(Date of prior submission)
If “Yes”, list date of prior submission above, go to Item 6 and execute this Affidavit.
5. Contractor was established in (year) and did not exist during the slavery era in the United
States, is not a successor in interest to any entity that existed during such time, and therefore has no
relevant records to search, or any pertinent information to disclose.
Contractor has searched their records and those of any predecessor entity, and has found no records
that they or any predecessor(s) made any investments in, or derived profits from the slave industry or
from slave holder insurance policies.
Contractor has found records that they or their predecessor(s) made investments in, or derived profits
from, the slave industry or slave holder insurance policies. The nature of the investment, profits, or
insurance policies, including the names of any slaves or slave holders, is disclosed in the attached
document(s).
6. I declare that the representations made in this Affidavit are accurate to the best of my knowledge and
are based upon a diligent search of records in the Contractor’s possession or knowledge. All
documentation attached to this Affidavit reflects full disclosure of all records that are required to be
disclosed to the City of Detroit. I also acknowledge that any failure to conduct a diligent search, or
to make a full and complete disclosure, shall render this contract voidable by the City of Detroit.
(Printed Name)
(Signature)
(Title)
(Date)
Subscribed and sworn to before me
this day of
Notary Public,
My Commission expires:
County, Michigan
PF - 29

Hiring Policy Compliance
Summary
City of Detroit Ordinance No. 29-11 approved by the City Council on November 22,
2011 amends, the City’s Purchasing Ordinance, Chapter 18 of the 1984 Detroit City
Code, Finance and Taxation, Article V, Purchases and Supplies, by adding Division
6, Criminal Conviction Questions for City Contractors, which consists of Sections
18-5-81, 18-5-82, 18-5-83, 18-5-84, 18-5-85 and 18-5-86. This added language
provides for prohibiting City contractors from inquiring regarding criminal
conviction questions for applicants to fulfill City contracts until the contractor
interviews the applicant or determines the applicant is qualified. It further provides
for certain exceptions to the prohibition and requires City contractors to submit an
affidavit with a copy of their application to make bids or proposals. Bids which do
not comply with this division are deemed non-responsive and the City is permitted to
deem contractor(s) in breach.
PF - 30

Hiring Policy Compliance Affidavit
I, , being duly sworn, state that I am the
Title
of
Name of Bidder Corporation or Other Business Entity
and that I have reviewed the hiring policies of this employer. I affirm that these policies are in compliance
with the requirements of Article V, Division 6 of the Detroit City Code of 1984, being Sections 18-5-81
through 18-5-86 thereof. I further affirm that this employer will not inquire or consider the criminal
convictions of applicants for employment needed to fulfill the terms of any City contract that may result from
the competitive procedure in connection with which this affidavit is submitted, until such times as the
employer interviews the applicant or determines that the applicant is qualified.
In support of this affidavit, I attach a copy of the application form that will be used to hire employees needed
to fulfill the terms of any City contract that may result from the competitive procedure in connection with
which this affidavit is submitted.
SIGNED,
Title:
Date:
STATE OF )
) SS
COUNTY OF )
The foregoing Affidavit was acknowledged before me the _______ day of ______ (20__)
County of
State of
_________________
_________________
My Commission expires: ________________________
_________________________
(Notary Public)
PF - 31