2017 10353 RFP Addendum 1 track changes

REQUEST FOR PROPOSALS SIGN AND RETURN THIS PAGE PROFESSIONAL SERVICES REQUEST FOR PROPOSALS NO: 201710353 Date: Febru...

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REQUEST FOR PROPOSALS

SIGN AND RETURN THIS PAGE

PROFESSIONAL SERVICES

REQUEST FOR PROPOSALS NO: 201710353 Date: February 28, 2017

AC TRANSIT DISTRICT Purchasing Department 1600 Franklin Street, 6th Floor

TITLE: PUBLIC PERCEPTION SURVEY

Oakland, CA 94612

Addendum 01

PROPOSALS MUST BE RECEIVED at 1600 Franklin Street, Oakland, CA, March 24, 2017 by 11:00 a.m.

(Questions and Answers can be found in Appendix A at the end of this document)

Sign the proposal, put it in an envelope, and write the Request for Proposal number and Title, on the DO NOT INCLUDE SALES OR EXCISE TAXES in outside. Sign and return this page. Retain proposal prices. Proposer’s Duplicate copy for your files. _____________________________________________________________________________________ ALL PROPOSERS COMPLETE THIS SECTION: 2017 Upon execution of a Contract Acceptance form, the undersigned agrees to furnish, subject to provisions on the reverse of this form, all articles or services within the dates specified, in the manner and at the prices stated, in accordance with the advertisement, specifications, proposal, special conditions and general conditions, all of which are made part of the contract proposal, when authorized by Purchase Order, Contract Order, or Letter of Agreement issued by the District. Name under which Business is conducted: Business street address:

Telephone: City

State

Zip Code

IF SOLE OWNER, sign here: I sign as sole owner of the business named above: Signed

Typed Name

IF PARTNERSHIP OR JOINT VENTURE, sign here: The undersigned certify that we are partners in the business (joint venture) named above and that we sign below will full authority to do so (one or more partners sign): Signed

Typed Name

Signed

Typed Name

IF CORPORATION, sign here: The undersigned certify that they sign below with full authority to do so: Corporate Name: Signed

Typed Name

Title

Signed

Typed Name

Title

Incorporated under the laws of the State of Form C102

May 2007

Page 1

GENERAL CONTRACT CONDITIONS 1. RENDITION OF SERVICES The Contractor hereby agrees to undertake, carry out and complete all work established herein in a professional and efficient manner satisfactory to District standards. The professional service or the performance of work or services required by the District cannot satisfactorily be performed by the regular employees of the District. 2. CONTRACTOR'S STATUS Neither the Contractor nor any party contracting with the Contractor shall be deemed to be an agent or employee of the District. The Contractor is and shall be an independent Contractor, and the legal relationship of any person performing services for the Sub-Contractor shall be one solely between said parties. Contractor shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the District, except for service firms engaged in drawing, production, typing and printing. Contractor shall be solely responsible for reimbursing any sub-Contractors and the District shall have no obligation to them. 3. OWNERSHIP OF WORK All reports, designs, drawings, plans, specifications, schedules, and other materials prepared, or in the process of being prepared, for the services to be performed by Contractor shall be and are the property of the District and the District shall be entitled to access thereto, and copies thereof, during the progress of the work. In the event that the work, which is the subject of this Agreement, is not completed, for any reason whatsoever, all materials generated under this Agreement shall be delivered as the District may direct. 4. RECORDS The Contractor shall permit the authorized representatives of the District to inspect and audit all data and records relating to performance under this Agreement. Contractor shall maintain all such records for a period of three (3) years after the District makes final payment under this Agreement. 5. TERMINATION FOR DEFAULT In the event the Contractor breaches the terms or violates the conditions of this Agreement, and does not within ten (10) days of written notice from the District cure such breach or violation, the District may immediately terminate this agreement, and shall pay the Contractor only its allowable costs to the date of termination. 6. TERMINATION FOR CONVENIENCE The District may terminate this Agreement, in whole or in part, at any time for the District's convenience and without cause at any time by giving the Contractor written notice of termination. The Contractor will be paid for those services performed pursuant to this Agreement to the satisfaction of the District up to the date of notice of termination. The Contractor shall promptly submit its termination claim. If the Contractor has any property in its possession belonging to the District, the Contractor will account for the same and dispose of it in the manner the District directs. 7. NON-DISCRIMINATION In connection with the execution of any Contract hereunder, the Contractor shall not discriminate against any applicant or employee on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual orientation, sex or age as defined in Section 12926 Government Code. 8. INDEMNIFICATION The Contractor shall defend, indemnify, keep and save harmless the District, its Board of Directors, officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the District.

The District may at any time by written order make changes within the Scope of Services described in this Agreement. If such changes cause an increase in the budgeted cost of or the time required for performance of the agreed upon work, the Contractor shall notify the District in writing of the amount of time and compensation adjustments that are required. In the event the Contractor encounters any unanticipated conditions or contingencies that may affect the scope of services and would result in an adjustment to the amount of compensation specified herein, Contractor shall so advise the District immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting there from. Any and all agreed upon pertinent changes shall be expressed as a written modification to this Agreement prior to implementation of such changes. 10. DISPUTE RESOLUTION In case any disagreement, difference or controversy shall arise between the parties, with respect to any matter in relation to or arising out of or under this Agreement or the respective rights and liabilities of the parties, and the parties to the controversy cannot mutually agree thereon, then such disagreement, difference, or controversy shall be determined by binding arbitration, according to the rules of the American Arbitration Association. Any award made by the Arbitrator(s) shall be final, binding and conclusive upon all parties and those claiming under them. The costs and expenses of any Arbitration shall be borne and paid as the Arbitrator(s) shall, by their award, direct. The submission to Arbitration is hereby made a condition precedent to the institution of any action at law or in equity with respect to the controversy involved; and such action at law or in equity shall be restricted solely to the subject matter of the challenge of such award on the grounds and only in the manner permitted by law. 11. NO ASSIGNMENT This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other. 12. PROHIBITED INTERESTS No member, officer, director or employee of the District during his/her tenure or for one year thereafter, shall have any interest direct or indirect, in this Agreement or the proceeds thereof. Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Agreement. Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed by Contractor. The District may require Contractor to file an annual Statement of Economic Interest form pursuant to the Political Reform Act of 1974 (Government Code Section 81000 et seq.) 13. WAIVER Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 14. GOVERNING LAW This Agreement, its interpretation and all work performed hereunder, shall be governed by the laws of the State of California. 15. INSURANCE Depending on the nature of the services being solicited, the District may have certain minimum insurance requirements.

9. CHANGES If any changes to the scope of services are sought by either party that would require a modification of the amount of compensation, the changes must be accepted in advance of any action to implement the change by the Project Manager and the Purchasing Department.

Page 2

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS 1.

GENERAL INFORMATION The Alameda-Contra Costa Transit District is seeking consultant services to develop, conduct, and analyze a biennial public opinion survey of residents within the District’s service area. The objective of the survey is to ascertain changes in public opinion since the initial survey was conducted in March 2013 and the second survey in April 2015. The surveys establish a quantitative assessment of the public’s views about AC Transit, including public perceptions of its strengths and weaknesses, and its value to the East Bay community. This Request for Proposal (RFP) outlines the scope of services requested as well as information that is to be included in a submitted proposal. It is the District’s intent to award a contract to a responsible and qualified firm to perform the technical services outlined in this RFP. AC Transit is a Special District, organized under the laws of California, which provides public transit service. The District’s service area extends from western Contra Costa County to southern Alameda County. The District is financed through the receipt of transit fares, sales and property taxes, bridge tolls, and state and federal funding. This RFP does not commit the District to award a contract, to pay costs incurred in the preparation of a proposal, or to procure or contract for services. The District reserves the right to reject any and all proposals, cancel all or part of this RFP and/or waive any minor irregularities or informalities.

2.

PRE-PROPOSAL QUESTIONS Questions raised regarding the RFP must be submitted electronically (via e-mail) to Amanda Palmquist, at [email protected]. Questions must be submitted no later than March 6, 2017 at 3:00 p.m. Pacific Time. It is anticipated that the District will send out and post addenda by March 10, 2017. upon delivery, such addenda will become a part of the RFP and binding on all eligible offers.

3.

SCHEDULE OF EVENTS (Estimated) February 28, 2017 March 6, 2017 March 10, 2017 March 24, 2017 March 31, 2017 April 10, 2017

Release of RFP Due Date for Proposer’s RFP Questions Addenda Posted Proposals Due Contract Award Notice To Proceed

Page 3

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS 4.

SUBMITTAL DATE, TIME AND LOCATION To be considered, one (1) original and three (3) copies of written proposals, and one (1) CD or “flash drive” with an Adobe Acrobat file of the entire proposal must be submitted. The proposals shall be submitted no later than 11:00 a.m. local time on March 24, 2017 to the following address: AC Transit District Purchasing Department 1600 Franklin Street, 6th Floor Oakland, California 94612 Attn: Amanda Palmquist, Contracts Specialist All proposals must be clearly marked REQUEST FOR PROPOSALS NO. 201710353: PUBLIC PERCEPTION SURVEY. Proposals may be mailed or handdelivered. Only proposals that are received at the designated location by the required date and time will be considered. No facsimile or email transmissions will be accepted.

5.

REQUIRED FORMAT AND CONTENTS A.

FORMAT OF PROPOSAL

Each proposal must be submitted in two (2) separate sealed envelopes. Envelope One will contain all responsive materials except those relating to fees and costs. Envelope Two will contain only information relating to fees and costs. (See attached Cost Form.) One proposal (containing the two envelopes described above) must be clearly marked “original” and three (3) conformed copies (each marked “copy”) must be submitted by each responsive proposer. In addition, proposers must submit One Compact Disc (CD) or Flash Drive. The CD or Flash Drive must contain two files, corresponding to the two respective envelopes described above. All pages of the proposal must be 8.5 x 11 inches in size, with 11 point typefont or larger. The hardcopy proposals must be bound or placed within a three ring binder. Tabs or other separators should be used, and should follow the format of this RFP, with responses cross-referencing the corresponding RFP sections and subsections in the order provided. Page 4

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS B.

CONTENTS OF PROPOSAL

In order to be deemed responsive, submitted proposals must include the following information, presented in a clear, comprehensive, and concise manner: 1. Acknowledgements and Certifications RFP Signature Page. Each responsive proposer must submit the RFP signature Page (Page 1 hereof) signed by an approved representative of the firm. Acknowledgement of Addenda. To the extent applicable, each responding firm must acknowledge receipt of any addenda to this RFP. Certifications. Each proposer must submit the completed Attachments specified below. Each attachment must be signed by an officer with the authority to bind your company to the contractual terms incorporated into this RFP. In the event any such certification is not applicable, the form must be marked “N/A” and provide a brief explanation. Attachment 1: Designation of Subcontractors Attachment 2: Certification Regarding Suspension and Debarment 2. Basic Business Requirements Gross Annual Receipts. Each proposer must provide its gross annual receipts for the most recent three years. Firm name, principal(s) who will be performing services, address(es), telephone, fax numbers, e-mail and/or website address(es). Brief description of your firm’s history, growth, and length of time in business under the same name. References from active public agency and/or public transportation accounts, if any. Provide a list of references, including up to two (2) current clients and up to two (2) former clients, with whom your firm has worked, specifying:  

Company or Organization’s name Contact person’s name and title

Page 5

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS   

Contact person’s address, phone number, and e-mail address Length of your relationship A list of recent clients with identifiably similar projects.

Insurance. Each proposer must acknowledge that the insurance coverage required for the project (See Section 26 below) has been or can be obtained. Should the contract envisioned by this solicitation be awarded to your firm, it is expected that these insurance commitments will be carried without reservation or exclusion. 3. Cost Proposal Firm Fixed Price. Each proposer’s cost proposal (to be submitted in a separate, sealed envelope designated “Envelope Two”) must be submitted on a "firm-fixed price” basis. The cost proposal must include a description of the anticipated costs associated with the project, including staff costs, materials and any out-ofpocket expenses. The cost proposal must provide costs for each of the tasks set forth in the Scope of Services. For the purpose of evaluating the total contract value, all costs such as travel or overhead must be rolled up to the contract line item level. Proposals will remain in effect for one hundred eighty (180) days from the designated date for receipt of proposals, unless mutually extended. No preaward costs will be reimbursed by the District. The signature of the District’s General Manager and an authorized representative from the selected consulting firm will constitute a binding award. C.

SCOPE OF SOLICITED SERVICES

See Scope of Services, Pages 15 – 16 below. 6.

PROPOSAL EVALUATION AND SCORING A.

Overview of Evaluation Process

Evaluations will be made in accordance with the procedures and evaluation criteria specified below. 1.

All proposals are first evaluated for responsiveness with the minimum business and technical requirements set forth in Section 5 above on a “pass/fail” basis. Proposals achieving a “pass” rating Page 6

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS will then be evaluated further according to the factors set forth below.

B.

2.

Remaining proposals are then scored according to the technical evaluation criteria specified below.

3.

Proposals that are technically sufficient are then re-evaluated, taking cost into consideration.

4.

Having taken both technical and price factors into consideration, remaining proposals are ranked to identify a competitive range.

5.

The District may enter into negotiations with the firm determined to have the highest cumulative scores, or may elect to award the contract without negotiation to the highest ranked firm.

6.

The District may also invite all firms in the competitive range to modify its proposal by submitting a “Best and Final Offer” (“BAFO”). In such event, such modified proposals will be re-scored according to the criteria, scale and formulas established below in order to identify the proposal representing the best value to the District.

7.

The results of the evaluations and the selection of a responsive and responsible proposal for a recommended contract award will be carefully documented. The proposal representing the best value to the District will be recommended to the District’s General Manager.

Scoring Criteria

The table below shows the criteria for selection and the maximum potential score for each area. The compiled rankings will be used to identify the preferred firm. PROPOSAL EVALUATION CRITERIA and WEIGHT Evaluation Criteria Responsiveness to Request for Proposal Proposed Cost Past Performance/Relevant Experience Understanding of Project/Technical Approach Local Business (Domiciled within District boundaries) TOTAL WEIGHT Page 7

Weight Pass/Fail 25% 35% 35% 5% 100%

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS C.

Scoring Scale; Technical Factors

For the criteria stated above other than the Proposed Cost, scores will be assigned by each reviewer according to the following 5 point scale: 5-Exceptional Fully compliant with solicitation requirements and with desirable strengths or betterments; no errors, or risks, or weaknesses or omissions. There is a high probability of success.

4-Compliant Fully compliant with solicitation requirements Meets in all aspects and may in some cases exceed the critical requirements.

3-Good

2-Minimal

1-Deficient

0-Unacceptable

Generally compliant with solicitation requirementssome minor errors, or risks, or weaknesses or omissions. Minor weaknesses can be readily corrected.

Minimally compliant with solicitation requirementserrors, or risks, or weaknesses or omissions; possible to correct and make acceptable.

Non-compliant with solicitation requirements; errors, or risks, or weaknesses or omissions; difficult to correct and make acceptable.

Totally deficient and not in compliance with solicitation requirements; demonstrates a lack of understanding of solicitation requirements; extremely difficult and time consuming to correct.

D. Scoring Formulas – Proposed Price The responding firm proposing the lowest price will receive the maximum raw points available for the Proposed Price factor. The remaining firms will receive pro-rated points based on the following formula: (Low Price/Compared Price) x 5, where 5 = the maximum points available. Points received according to this formula will then be multiplied by the number of evaluators and then by the relative weight (expressed as a percentage; i.e. 20%) allocated to the Proposed Price factor stated above. By way of example, assuming there are 3 evaluators and Proposed Price accounts for 20% of all points available, the responding firm proposing the lowest price would receive a weighted score of 300 for its Proposed Price [(5 x 3) x 20]. A firm proposing a price 20% higher than the lowest price would receive 80% of the raw score (i.e. 4 instead of 5), amounting to a weighted score of 240 [(4 x 3) x 20]. 7.

CONTRACT AWARD The District reserves the right not to award a contract in connection with this solicitation, or to award a contract without the negotiations discussed above. As such, proposers are strongly encouraged to submit their best offers from the outset. Page 8

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY INFORMATION AND INSTRUCTIONS FOR PROPOSERS The proposal representing the best value to the District, based on the scoring methods identified above, will be recommended to the District’s Board of Directors. The District’s General Manager retains the option of making an award to another firm if it is determined that such a selection is in the best interests of the District and public transit in the metropolitan region the District serves. After the District’s approval of any such award, unsuccessful candidates will be notified of such award in a timely manner. 8.

PROTEST PROCEDURES Copies of the District’s Procurement Protest Procedures can be obtained online at http://www.actransit.org/about-us/board-of-directors/board-policies/. Failure to comply with any of the requirements set forth in the District’s written proposal protest procedures may result in rejection of the protest.

(END OF INFORMATION AND INSTRUCTION)

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY ADDITIONAL PROVISIONS 1.

RIGHTS IN DATA The term “subject data” as used herein means recorded information, whether or not copyrighted, that is delivered in connection with this RFP or any contract resulting from it. The term includes graphic or pictorial delineation in media, text in specifications or related performance or design-type documents and machine forms. Except for its own internal use, a firm submitting a proposal may not publish or reproduce such data in whole or in part, nor authorize others to do so, without the written consent of the District, until such time as the District may have either released or approved release of such data. Even in the event that the Scope of Services set forth in this RFP or any resulting contract is not completed, any data generated by the District in connection with this RFP shall be deemed “subject data” and shall be treated as the District may direct.

2.

RELEASE OF INFORMATION Before releasing any reports, promotional materials or information prepared in connection with this RFP and subsequent Contract, the Contractor shall provide a copy or copies for first review by the District. Proposer shall not use the District’s logo without specific written permission from the District Designated Representative.

3.

INSURANCE REQUIREMENTS We recommend that any responding candidate confer with its insurance broker to determine if it is currently in compliance with the insurance coverage requirements set forth below. An inability to comply with these insurance requirements may result in disqualification, as these requirements will be a material feature of any awarded contract. Contractor shall procure and maintain for the duration of the contract and for a period of three years thereafter or the period of any contract warranties, whichever is longer, insurance against claims for injuries to persons or damages for property which may arise from or in connection with the performance of the work thereunder by the Contractor, Contractor’s agents, representatives, employees or subcontractors. The District reserves the right to alter, amend, increase or otherwise modify the insurance requirements stated herein. A.

Coverage shall be at least as broad as: 1.

General Liability coverage is to be equal to Insurance Services Office Commercial General Liability Occurrence Form CG0001. Page 10

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY ADDITIONAL PROVISIONS

B.

2.

Automotive Liability coverage is to be equal to Insurance Services Office Business Auto Form CA0001 covering Automobile Liability.

3.

Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4.

Professional Liability/Errors & Omissions insurance appropriate to Contractor's profession.

Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If aggregate limit is used, either separate aggregate limit shall apply or aggregate limit shall be twice the required occurrence limit. 2.

Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage.

3.

Workers’ Compensation: Workers’ Compensation limits as required by State of California and Employer’s Liability limits of $2,000,000 per accident for bodily injury or disease.

C.

Deductible and/or self-insured retentions must be declared to and approved by the District. The District reserves the option to require insurer to reduce or eliminate such deductible and self-insured retention as to District and/or require Contractor to procure a bond guaranteeing payment of any deductible or self-insured retention of losses, related investigations, claims, administration and defense expenses.

D.

Policies are to contain the following provisions: 1.

General Liability and Automotive Liability a.

The District, its directors, its officers, officials and employees are to be covered as additional insureds as respects to liability arising out of activities performed on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, and automobiles owned, leased, hired or borrowed by Contractor. Coverage shall contain no special limitation on scope of protection afforded to the District, its directors, its officers, officials or employees. Page 11

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY ADDITIONAL PROVISIONS

2.

b.

For any claims related to this contract, Contractor insurance coverage shall be primary insurance as respects the District, its directors, its officers, officials and employees. Any insurance or self-insurance maintained by District, its directors, its officers, officials or employees shall be in excess of Contractor insurance and shall not contribute with it.

c.

Any failure with reporting provisions of the policies including breaches of warranties, shall not affect coverage provided to the District, its directors, its officers, officials or employees.

d.

Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurer’s liability.

Workers’ Compensation and Employers Liability Insurer shall agree to waive all subrogation rights against the District, its directors, its officers, officials and employees for losses arising from work performed by the Contractor.

3.

4.

All Coverages a.

Each policy required shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party or reduced in coverages or limits, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District.

b.

Each policy is to be on an “Occurrence” form. “Claims Made” form requires prior approval by the District as well as Contractor required to provide acceptable evidence of policy retroactive date and to maintain coverage with same retroactive date for a period of not less than five (5) years following termination of services.

Acceptability of Insurance Insurance is to be placed with California admitted insurers having a current A.M. Best & Co. rating of no less than “A-:VII”.

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY ADDITIONAL PROVISIONS 5.

Verification of Coverage Contractor shall furnish the District with appropriate Certificates of Insurance and Endorsements effecting required coverages signed by a person authorized by insurer to bind coverage. Certificates and Endorsements are to be received and approved by the District prior to commencement of any work under Contract. The District reserves the right to require certified copies of all required insurance policies.

6.

4.

Other Requirements a.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor/Consultant/etc.(fill in as appropriate) Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

b.

Should any work under this Contract be subcontracted, Contractor shall require each subcontractor to comply with each of these requirements and provide proof of such compliance to the District.

c.

These insurance requirements shall not in any manner limit or otherwise qualify liabilities and obligations assumed by Contractor under this Contract, including indemnification provisions.

EQUAL OPPORTUNITY / NON-DISCRIMINATION It is the policy of the District to ensure non-discrimination in the award and administration of all contracts and to create a level playing field on which minority and small businesses can compete for all District Contracts. In connection with the performance of this Contract, the Contractor will cooperate with the District in furthering the District’s policy.

5.

VENDOR REGISTRATION If you are not already an AC Transit registered vendor, an online Vendor Registration is required prior to Contract award. Proposers should access www.actransit.org and select Doing Business with AC Transit, and click on Vendor log-in and Registration, and then select Vendor Registration. To complete the process, include a W-9, Request for Taxpayer Identification Page 13

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY ADDITIONAL PROVISIONS Number and Certification-containing original signature-in proposals. If online access is not available, contact the District’s Purchasing Department for instructions. 6.

FURTHER INFORMATION Prospective proposers may contact Amanda Palmquist, by email at [email protected] between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted, for further information.

(END OF ADDITIONAL PROVISIONS)

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY SCOPE OF SERVICES 1.

SCOPE OF WORK A. Introduction The Alameda-Contra Costa Transit District is seeking consultant services to develop, conduct, and analyze a biennial public opinion survey of residents within the District’s service area. The objective of the survey is to ascertain changes in public opinion since the initial survey was conducted in March 2013 and the second survey in April 2015. The surveys establish a quantitative assessment of the public’s views about AC Transit, including public perceptions of its strengths and weaknesses, and its value to the East Bay community. B. The scope of services will include: 

Develop plan to conduct telephone survey of 800-900 (or as determined to achieve desired sampling and confidence levels) residents within the AC Transit service area, using the 2015 survey methodology as basis as appropriate and targeting a 4-percent or less sampling error at the 95-percent confidence level. Include proposed approach to achieve appropriate geographic balance, as well as appropriate response levels from Spanish and Chinese speakers. Refine and finalize following comments from AC Transit project manager and other AC Transit staff.



Prepare survey instrument, using the 2015 survey instrument as basis, with possible modifications as needed. Refine and finalize following comments from AC Transit project manager and other AC Transit staff.



Conduct survey phone calls, with target date of April 30, 2017 for completion.



Submit draft report of findings within six weeks after surveying concludes. Refine and finalize report within three weeks following comments from AC Transit project manager and other AC Transit staff.

C. References: 

The 2013 public perception survey report is available at: http://www.actransit.org/wp-content/uploads/Final_QMR_Survey0613.pdf



The 2015 public perception survey report can be found: http://www.actransit.org/wp-content/uploads/board_memos/15216%20Public%20Perception%20Study.pdf

Page 15

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY SCOPE OF SERVICES D. Period of Performance Contractor must begin the work in accordance with the effective date of the Notice to Proceed (NTP), with an estimated period of performance of April 10, 2017 to June 30, 2017.

(END OF SCOPE OF SERVICES)

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AC TRANSIT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL No. 2017-10353

PUBLIC PERCEPTION SURVEY Attachment No. 1: DESIGNATION OF SUBCONTRACTORS To comply with the requirements of the California Subletting and Subcontracting Fair Practices Act, bidder shall list the name and address of each subcontractor, including subcontractor to whom bidder proposes to Subcontract more than ½ of 1 percent of the work, and description and portions of the Work or services Subcontracted. Note: If subcontractors are utilized in a contract awarded from this RFP, Proposer shall submit to the District, on a monthly basis, those payments made to all of their subcontractors. The form for reporting monthly payments to subcontractors will be supplied by the District to the successful contractor after contract award. If there is no opportunity for Sub-Contractor utilization, please indicate on the form with “N/A” and provide an explanation as to why not. Attach additional copies of this form if more space is required. Name: Address: Estimated dollar amount of subcontract & description of work: Is the firm a certified DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years?

Name: Address: Estimated dollar amount of subcontract: & description of work: Is the firm a certified DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years?

(END OF DESIGNATIONS OF SUBCONTRACTORS)

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AC TRANSIT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL No. 2017-10353

PUBLIC PERCEPTION SURVEY Attachment No. 2: CERTIFICATION OF PROPOSED CONTRACTOR REGARDING DEBARMENT, SUSPENSION & OTHER INELIGIBILITY & VOLUNTARY EXCLUSION (Contractor) knowledge and belief, that it and its principals:

certifies

to

the

best

of

its

Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three year period preceding this bid 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; 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 Have not within a three year period preceding this bid had one or more public transactions (Federal, State or local) terminated for cause or default. If the Proposed Subcontractor is unable to certify to any of the statements in this certification, it shall attach an explanation to this certification. (Subcontractor) _______________________, 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. IS APPLICABLE THERETO.

Signature and Title of Authorized Official

(END OF CERTIFICATION REGARDING DEBARMENT)

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY THIS CONTRACT is made and entered into this _____ day of ______ 2017, by and between the ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (hereinafter "AC Transit" or the "District"), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq., and _________________________________________ (hereinafter “Contractor”). THE PARTIES AGREE AS FOLLOWS: 1.

SCOPE OF SERVICES Contractor shall furnish the District all services in full accordance with Request for Proposal No. 2017-10353 prepared and issued by the District titled PUBLIC PERCEPTION SURVEY dated February 28, 2017.

2.

COMPONENT PARTS This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference: A. Request For Proposal No. 2017-10353and any addenda B. This Contract C. Contractor’s submitted proposal

3.

PERIOD OF PERFORMANCE Services under this Contract shall commence on the date of Notice To Proceed notification, and completed by June 30, 2017. The Contractor shall not be held liable for delays resulting from problems of scheduling on the part of the District.

4.

CONTRACT PRICE The District agrees to pay the Contractor in accordance with their submitted proposal with a not-to-exceed (NTE) total contract price of $_______ for services performed in accordance with this contract. The District and the Contractor must mutually agree upon any adjustments in payment. Invoices for services performed shall be submitted to AC Transit Accounts Payable, P.O. Box 28507, Oakland, California 94604. Payment to the Contractor will be made Net 30 days after receipt of approved invoices. Please reference the Contract Number and Purchase Order Number on all submitted invoices. Failure to do so could delay payment.

.

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY 5.

NOTICES Any notices, which may be required under this Contract shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below or to such other addresses which may be specified in writing to all parties to this Contract. DISTRICT:

CONTRACTOR:

AC Transit Director of Purchasing and Materials 1600 Franklin Street, 6th Floor Oakland, California 94612 6.

ATTORNEY’S FEES In the event that it becomes necessary for either party to bring a lawsuit to enforce any provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney’s fees to be paid to the prevailing party.

7.

SEVERABILITY If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this Contract, which shall otherwise remain in full force and effect.

8.

BINDING EFFECT All of the terms, provisions and conditions of the Contract hereunder, shall be binding upon and inure the parties hereto and their respective successors, assigns, and legal representatives.

9.

CONFLICT OF INTEREST By signing this Contract, the Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Failure to comply with this provision serves as a basis for termination for default and the collection of any damages. Page 20

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY 10.

ASSIGNMENT The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the Contract or any right, title, or interest in or to the same or any part thereof without prior consent of the District.

11.

GOVERNING LAW All matters arising under the contract shall be governed by California law.

12.

VENUE In the event of a dispute or breach of contract, venue shall be in Alameda County, California.

13.

ENTIRE AGREEMENT This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this agreement shall be void and of no effect.

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY

IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below.

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT:

CONTRACTOR:

_________________________________ Signature Date Michael A. Hursh General Manager

APPROVED AS TO FORM AND CONTENT:

Denise Standridge General Counsel

_____ Signature

Print Name

Date

Title

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Date

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY Appendix A Proposer Questions and Answers

Q1. Past Research: The 2015 Methodology (one-page description) states that the telephone survey was conducted with adults 18 plus in the AC Transit service area, using both landline and cell phone numbers. What was the source of the sample? a. That information is not available. Q2. What number/percent of the total (n = 812) interviews were completed with landline versus cell phone numbers? a. That data is not available. Q3. What number/percent of the total (n = 812) interviews were completed with cell phone only/cell phone primary households / individuals? a. That data is not available. Q4. Service Area: The RFP documents included a map of five wards. The 2013/2015 Reports reference four geographic areas (no map included). How are the five wards included with the RFP different from the four geographic areas in the previous reports? a. There is no difference in terms of sample geographic area. The AC Transit Board of Directors represents five (5) wards that collectively cover the entire service area geography (and include the four geographic areas) Q5. How does AC Transit want to use the wards/geographic areas? a. The sample needs to include landline and/or cell phone numbers from all five (5) wards/ four geographic areas. Q6. What is the population (18+) in each of the five wards? a. That data is not available. Q7. The 2015 reports shows a breakdown for each of the four geographic areas: 10% Contra Costa, 50% Alameda North, 24% Alameda Central, 16% Alameda South. What is the basis for the allocation of surveys to each of these four areas? a. That information is not available. Page 23

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY Q8. Are they proportionate to the population in each area? a. Yes, they are designed to be proportionate to the District’s ridership within the geography. Q9. Within the Alameda North area which includes Oakland – what was the number/percent of interviews completed in Oakland versus the balance of that geographic area? a. That data is not available. Q10. What were the budgets for the 2013 and 2015 surveys? What is the amount budgeted for the 2017 survey? a. That 2013 budget information is not available; 2015: $32,000-$42,000; 2017: $32,000-$42,000. Q11. Does AC Transit have the data (in Excel or SPSS or other format) from the previous surveys available for analysis/comparison to 2017 results? a. Crosstabs in PDF form are available for 2015 data. Q12. Evaluation Criteria: Local Business. If we are partnered with a local business do we receive the allocated points (5%)? a. In a partnership, if a local firm is the majority or controlling partner, then the 5% local weight would be added. Q13. How satisfied was the agency with the work completed in 2013? 2015? a. That information is not available. Q14. What would make the insights more useful? a. Any additional data and specifics on the methodology. Q15. If a subcontractor simply supplies personnel who will work from our location, is their firm still mandated to meet the insurance requirements? a. Yes. Q16. In 2015, 41 interviews were completed in Chinese and 30 in Spanish. Does AC Transit consider this to be sufficient? Page 24

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10353

PUBLIC PERCEPTION SURVEY a. In 2015, this was considered sufficient. 2017 sufficiency will depend on the demographic changes within the AC Transit service area since 2015. Q17. As the timeline is very tight, would AC Transit be open to a mixed methodology approach (e.g., telephone and online)? a. Possibly. A percentage of our riders, largely age dependent, do not have ready access to the Internet. Q18. Similarly, would AC Transit be open to a slightly longer field period, as this could provide more options for even better/more representative sampling techniques? a. No. All timing needs to work to make a project completion date of June 30, 2017. Q19. In the staff report accompanying the results of the April 2015 General Public Perception Study, it was stated in the Background/Rationale Section that the 2015 Survey conducted by subcontractor, EMC Research used a methodology and questions that closely mirrored those in the baseline 2013 survey which was conducted by QMR. The stated scope of work for the current RFP is asking for respondents to identify changes in public opinion since the initial survey in 2013 and the last survey in 2015. Is there specific, additional information you are looking for in the 2017 survey that is different than that shown in the 2013 and 2015 surveys? a. No, not materially. We are looking to identify the delta, if any, in the public responses to the same or very similar questions from the 2013 and 2015 surveys. Q21. How is this research funded? Are their DBE goals? Are they mandatory? a. This project is funded by District funds. There are no DBE goals.

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