2017 10355 Addendum 1 track changes

REQUEST FOR PROPOSALS SIGN AND RETURN THIS PAGE PROFESSIONAL SERVICES REQUEST FOR PROPOSALS NO: 201710355 AC TRANSIT...

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REQUEST FOR PROPOSALS

SIGN AND RETURN THIS PAGE

PROFESSIONAL SERVICES

REQUEST FOR PROPOSALS NO: 201710355

AC TRANSIT DISTRICT Purchasing Department 1600 Franklin Street, 6th Floor Oakland, CA 94612

Date: March 10, 2017 TITLE: TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH

PROPOSALS MUST BE RECEIVED at 1600 Franklin Street, Oakland, CA, April 6 April 13, 2017 by 11:00 a.m.

Addendum 01

DO NOT INCLUDE SALES OR EXCISE TAXES in Sign the proposal, put it in an envelope, and write proposal prices. the Request for Proposal number and Title, on the outside. Sign and return this page. Retain 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH INFORMATION AND INSTRUCTIONS FOR PROPOSERS 1.

GENERAL INFORMATION The Alameda-Contra Costa Transit District (AC Transit) is soliciting responses to this Request for Proposals (RFP) from qualified, small-local transportation planning and/or public outreach firms to assist with the public engagement elements of the District’s Transbay Comprehensive Operations Analysis. The purpose of this project is to ensure the community, riders, and key stakeholders are engaged in the process of developing and vetting service changes for Transbay services early and often. 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 responsive and responsible, qualified, small-local 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 20, 2017 at 3:00 p.m. Pacific Time. It is anticipated that the District will send out and post addenda by March 27, 2017. Upon delivery, such addenda will become a part of the RFP and binding on all eligible offers.

3.

SCHEDULE OF EVENTS (Estimated) March 10, 2017 March 20, 2017 March 27, 2017 April 6, April 13, 2017 April 12, 2017 April 19, 2017

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

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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 April 6 April 13, 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. 201710355: TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH . Proposals may be mailed or hand-delivered. Only proposals which 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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 Contact person’s address, phone number, and e-mail address Page 5

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH INFORMATION AND INSTRUCTIONS FOR PROPOSERS  

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 3 below) has been or can be obtained. Should the contract issued/awarded by this solicitation be awarded to your firm, it is expected that these insurance commitments will be carried without reservation or exclusion. 3. Minimum Technical Qualifications See Scope of Services; Pages 15 -17 below. 4. 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 – 17 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.

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH INFORMATION AND INSTRUCTIONS FOR PROPOSERS

B.

1.

All proposals are first evaluated for compliance with the minimum business and technical requirements set forth in Section 5 above on a “pass/fail” basis. Proposals achieving a “pass” rating will then be evaluated further according to the factors set forth below.

2.

Remaining proposals are then to be 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.

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 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 Project Management References TOTAL WEIGHT Page 7

Weight Pass/Fail 20% 20% 25% 25% 10% 100%

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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 General Manager. 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. 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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 Proposer 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. Proposer 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 Proposer, Proposer’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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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.

Proposer 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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.

Proposer 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 Proposer 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH ADDITIONAL PROVISIONS 5.

Verification of Coverage Proposer 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 Proposer 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, Proposer 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 Proposer 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 Proposer will cooperate with the District in furthering the District’s policy.

5.

Small-Local Business Enterprise Program The District has set this contracting opportunity aside for small-local business enterprise (SLBE) award only. An SLBE is a firm, at the time of the proposals due date certified as small by a local, California, or federal government agency, Page 13

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH ADDITIONAL PROVISIONS with its primary business address as indicated on its certification, being within AC Transit’s 5 wards. Furthermore, eligible SLBEs must self-perform a minimum of a third of the proposed services as measured in costs.

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 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SCOPE OF SERVICES 1. SCOPE OF SERVICES A. Introduction The Alameda-Contra Costa Transit District (AC Transit) is soliciting responses to this Request for Proposals (RFP) from qualified transportation planning and/or public outreach firms to assist with the public engagement elements of the District’s Transbay Comprehensive Operations Analysis. The purpose of this project is to ensure the community, riders, and key stakeholders are engaged in the process of developing and vetting service changes for Transbay services early and often. The District’s Transbay Comprehensive Operations Analysis (COA) will be an 18-month effort to work with the community to analyze historical performance and trends, identify problems and opportunities with existing service, and develop a series of scenarios to maximize the efficacy of the service within the confines of available resources. Given the sensitive nature of Transbay service, it is critical the District perform significant public engagement from the beginning of the project to build a sense of understanding and ownership with those who use or are impacted by Transbay service, as well as potential new riders. The Consultant would be a critical partner in allowing District staff to maximize outreach and engagement opportunities for this project. B. Deliverables AC Transit operates 27 Transbay lines – lines crossing the San Francisco Bay Bridge into San Francisco. These lines provide critical commuter and congestion-relief service for the region. The District has not undertaken a comprehensive analysis of these services in many years but since the region has climbed out of the Great Recession, demand for these Transbay lines has increased to such an extent that there are standing loads on most peak-hour trips with some potential patrons being left behind by overcrowded buses. In addition, increased congestion of Bay Area roadways and the Bay Bridge has had a significant impact on the District’s ability to provide reliable Transbay service, leading to reduced schedule adherence and increased complaints. The District’s Service Planning Department is undertaking a fresh look at its Transbay service through a Transbay Comprehensive Operational Analysis (COA). The District’s Transbay customers expect a high quality service and are well-tuned to the channels through which they can register complaints and react to potential changes that may have impacts (large or small) to their existing service. As a result, this Transbay COA will include significant public engagement from the start. The goal of the engagement process will be to engender ownership of the ultimate recommendations because they will have been developed in stages in concert with existing riders and the communities the lines serve. In addition, this effort will include reaching out to those who do not currently use Transbay service to identify adjustments or strategies to drive ridership growth moving forward. Page 15

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SCOPE OF SERVICES

C. Task 1: Refine Scope The Consultant will work with District staff to develop a final project scope and schedule to include all major phases of project development and implementation, including budget and communication process. To make efficient use of District funds, some tasks may need to be closely coordinated with or supplanted in-house staff, as determined by District and Consultant staff. Expected Deliverable 1.1 Project Management Plan that includes Scope, Schedule, Budget, and Communication processes. 1.2 Periodic progress reports that track tasks, schedule, and budget

Format Memo (.doc), Gantt Chart (.xls), or other format, as needed. Memo (.doc), Gantt Chart (.xls), or other format, as needed.

D. Task 2: Stakeholder Outreach Plan Identifying a comprehensive list of stakeholders and understanding their concerns, preferences, and level of support will be critical to a truly community-driven set of service scenarios for implementation. The Consultant will work with District staff to identify those communities and stakeholders critical to ensuring buy-in with the project process. The Consultant and District staff will then work together to craft a plan for when, how often, where, and what methods to use to engage with specific communities and stakeholders across the COA development process. This task will yield an outreach/engagement plan and schedule to be used to guide the engagement process. Expected Deliverable 2.1 Outreach/Engagement Plan and Schedule

Format Memo (.doc) and Gantt Chart (.xls)

E. Task 3: Meeting Facilitation The Consultant shall assist District staff in executing the Outreach/Engagement Plan and Schedule. District staff will work with the Consultant in Tasks 1 and 2 to craft the exact details of the Consultant’s work on facilitation depending on resource availability. Work associated with this task could include some or all of the following: Identifying/securing meeting space, developing/distributing notices, inviting attendees, providing meeting materials, facilitating meetings, taking notes, organizing thoughtful engagement activities based on best practices, etc.

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TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SCOPE OF SERVICES

Expected Deliverable 3.1 Facilitation of community and stakeholder outreach meetings – Round One 3.2 Facilitation of community and stakeholder outreach meetings – Round Two

Format Staff presence at and/or support for meetings Staff presence at and/or support for meetings

F. Task 4: Facilitation Summaries Following the conclusion of each series of meetings, the Consultant shall be responsible for summarizing input/findings associated with meetings in an easy-to-use format to support further development of the COA and continued engagement with the meeting attendees and the community. Expected Deliverable Format 4.1 Summaries of community and stakeholder Memo (.doc) outreach meetings

G. Period of Performance The District intends to execute the contract in April 2017. The District wishes to complete the project no later than eighteen (18) months after executing a contract.

(END OF SCOPE OF SERVICES)

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AC TRANSIT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL No. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SAMPLE CONTRACT 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 Proposer shall furnish the District all services in full accordance with Request for Proposal No. 2017-10355 prepared and issued by the District titled TRANSBAY COMPREHENSIVE OPERATIONS ANAYYSIS OUTREACH dated March 10, 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. 2017-10355 and any addenda B. This Contract C. Proposer’s submitted proposal

3.

PERIOD OF PERFORMANCE Services under this Contract shall commence on the date of Notice To Proceed notification, and completed by April, 2018. 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 Proposer 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 Proposer 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SAMPLE CONTRACT 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:

PROPOSER:

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 Proposer 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 Proposer further covenants that in the performance of this Contract no person having any such interest shall be employed by the Proposer, and that the Proposer receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Page 21

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SAMPLE CONTRACT Failure to comply with this provision serves as a basis for termination for default and the collection of any damages. 10.

ASSIGNMENT The Proposer 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. 2017-10355

TRANSBAY COMPREHENSIVE OPERATIONS ANALYSIS OUTREACH SAMPLE CONTRACT

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

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT:

PROPOSER:

_________________________________ 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