2017 1403 Addenda 1 track changes

REQUEST FOR PROPOSALS SIGN AND RETURN THIS PAGE PROFESSIONAL SERVICES REQUEST FOR PROPOSALS NO: 20171403 Date: March ...

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REQUEST FOR PROPOSALS

SIGN AND RETURN THIS PAGE

PROFESSIONAL SERVICES

REQUEST FOR PROPOSALS NO: 20171403 Date: March 23, 2017

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

TITLE: FACILITIES UTILIZATION PLAN

Oakland, CA 94612

Addendum 01

PROPOSALS MUST BE RECEIVED at 1600 Franklin Street, Oakland, CA, April 20, 2017 by 1:00 p.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 DO NOT INCLUDE SALES OR EXCISE TAXES in the Request for Proposal number and Title, on the proposal prices. 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 of 27

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.

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AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 1.

GENERAL INFORMATION The ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (District) requests Proposals from qualified firms (Consultant) to evaluate the District’s operations and maintenance facility needs, develop a facilities utilization plan, and provide implementation and funding/financing strategy. 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 April 4, 2017 at 3:00 p.m. Pacific Time. It is anticipated that the District will send out and post addenda by April 11, 2017. Upon delivery, such addenda will become a part of the RFP and binding on all eligible offers.

3.

SCHEDULE OF EVENTS (Estimated) March 23, 2017 April 4, 2017 April 11, 2017 April 20, 2017 May 8 - 12, 2017 June 14, 2017 July 10, 2017

4.

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

SUBMITTAL DATE, TIME AND LOCATION To be considered, one (1) original and five (5) copies of written proposals, and one (1) CD or “flash drive” with an Adobe Acrobat file of the entire proposal must Page 3

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS be submitted. The proposals shall be submitted no later than 1:00 p.m. local time on April 20, 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. 20171403: FACILITIES UTILIZATION PLAN. Proposals may be mailed or handdelivered. 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 five (5) 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. Graphs, diagrams or organizational charts could be shown on 11x17 inches in size. Proposals shall not exceed 20 pages (10 if double-sided), excluding sections or contents as indicated in Table 1. Print double-sided to the maximum extent practicable. 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 REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS Table 1: Page Limit Requirements Section or Content Included in Page Limit Proposal Covers No Letter of Transmittal No Table of Contents No Acknowledgement and Certifications No Basic Business Requirements No Qualifications and Reference Materials including but Yes limited to:  Reference related to previous projects similar to this project, or elements of this project, on which the firm worked.  Reference for each subconsultant Technical Requirements Yes Cost Proposal No Required forms and Certifications No Resumes for key staff No (Note: not exceed 2 pages each)

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. Letter of Transmittal An official authorized to bind the proposer’s firm must sign the transmittal letter. The transmittal letter should identify the project team, including lead proposer and any subconsultants. The transmittal letter should also include the name, telephone number, and email address of the primary contact person. The transmittal letter should include a statement that the proposal is a binding offer of this RFP for a period of one hundred eighty (180) days from the proposal due date for submission of proposals. 2. 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.

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AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 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 3. 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, staffing size, and length of time in business under the same name. Insurance. Each proposer must acknowledge that the insurance coverage required for the project 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. 4. Qualifications and Reference Materials References from active public agency and/or public transportation accounts, if any. Provide a list of references, including a minimum of three (3) clients with whom you completed three (3) similar projects in the past five (5) years, specifying:       

Company or Organization’s name Contact person’s name and title Contact person’s address, phone number, and e-mail address Brief project description and proposing firm’s role Contract amount Contract start and end dates (month/year) A list of recent clients with identifiably similar projects.

Page 6

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 5. Technical Requirements a. Understanding the Required Scope of Work – This section of the proposal shall establish that the proposer understands AC Transit’s objectives and work requirements and describe the proposer’s ability to satisfy those objectives and requirements. Additional items included that are not specifically requested in the RFP must be clearly labeled as “additional or optional” tasks.  Describe the proposed approach for addressing the required work, outlining the activities that would be undertaken in completing the various tasks and specifying who would perform them.  Include a timetable for completing all work specified in the Scope of Services, Pages 18 - 22. b. Expertise and Approach – This section should include a description of your team’s proposed approach to your assignment at AC Transit, reflecting your understanding of the AC Transit’s needs, and detailing and the expertise of the team, including all subconsultants, in specific areas of interests to the AC Transit.  Identify how the team’s expertise and approach will add value to the AC Transit’s work. c. Management Plan – The proposal should describe your approach to client communication and coordination.  Describe methods of planning, scheduling, delivery of tasks, stakeholder coordination strategies and how the team will provide updated and accurate information to AC Transit for the duration of the contract. d. Staffing and Availability – Designated the Principal-in-Charge and the Project Manager who will serve as AC Transit’s key contacts throughout the duration of the contract. The proposal should identify all key members, describe their specific roles/responsibilities for this contract, and assurances as to their ability to provide the requested services in a responsive and timely manner. For firms with multiple offices, proposals must clarify which resources are available directly out of the local office. For all key team members, the proposal should include a brief resume describing similar contracts on which they have been involved and their role on that contract, and their availability of the duration of this contract. Any substitution of key staff after submittal of the proposal will require prior written approval from AC Transit.

Page 7

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS The proposal should also include a full description and time breakdown for each task contained in the Scope of Services, detailing your firm’s ability to understand and provide services in effective manner. A table of estimated hours by task and firm (prime proposers and all subconsultants) should be provided, including the percentage of the total contract hours that each firm will spend on the contract. Total estimated hours should be provided for each task and for each firm. 6. 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 18 – 22 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 compliance with the minimum business and technical requirements on a “pass/fail” basis. Proposals achieving a “pass” rating will then be evaluated further according to the factors set forth below. Page 8

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS

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. The District may select top-ranked proposers for an interview.

5.

The District may enter into negotiations with firms determined to have the highest cumulative scores, or may elect to award a 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 results of the evaluations and the selection of a 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 Board of Directors.

Scoring Criteria

1. Understanding of Project o Demonstrate understanding of the RFP objectives and work requirements, methods of approach, and work plan. 2. Proposed Staffing Plan o Qualifications of project staff, particularly key personnel, especially the project manager, and key personnel’s level of involvement in performing related work. 3. Past Performance/Relevant Experience o Technical experience in performing work related to type of services; experience working with public agencies; record of completing work on schedule; strength and stability of the firm; technical experience and strength and stability of proposed subconsultants; and assessments by client references. Page 9

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 4. Proposed Price o See below in Section 6D for scoring formula. 5. Proposed Schedule o Demonstrate the ability to perform work schedules and the capacity to accomplish all required tasks. o Show in-house capacity to perform required services. 6. Small-Local Business (domiciled within District boundaries) o A proposer that is a certified small or Disadvantaged Business Enterprise by a local, state, or federal governming body, whose main office is located within one of the District’s 5 wards will receive 5 points.

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 Understanding of Project Proposed Staffing Plan Past Performance/Relevant Experience Proposed Price Proposed Schedule Small-Local Business (Domiciled within District boundaries) TOTAL WEIGHT

C.

Weight 30% 25% 25% 10% 5% 5% 100%

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:

Page 10

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 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]. E. Oral Presentation Based on the initial technical scoring of the proposals, the District, at its discretion, may select top-ranked or invite short-listed proposers for an interview. The interview maybe scheduled at the AC Transit office or via teleconference or video conference. If the Selection Review Panel determines that interviews are not necessary, respondents will be ranked based on the scoring of the technical proposals. The Principal-in-Charge and key team members should plan to attend the interview. Page 11

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1403 FACILITIES UTILIZATION PLAN INFORMATION AND INSTRUCTIONS FOR PROPOSERS 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. 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 Board of Directors 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 INSTRUCTIONS]

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN 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 It is recommended that any responding proposer 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 13

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN 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 14

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN ADDITIONAL PROVISIONS

2.

b.

For any claims related to this contract, Proposer 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 Proposer 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 Proposer.

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”.

5.

Verification of Coverage Proposer shall furnish the District with appropriate Certificates of Insurance and Endorsements effecting required coverages signed Page 15

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN ADDITIONAL PROVISIONS 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 Number and Certification-containing original signature-in proposals. If online access is not available, contact the District’s Purchasing Department for instructions. Page 16

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FACILITIES UTILIZATION PLAN ADDITIONAL PROVISIONS 6.

PROMPT PAYMENT The District shall pay properly submitted, undisputed invoices within 30 calendar days of initial receipt. Within seven (7) calendar days of receipt of payment from the District, the prime contractor shall pay any subcontractors that have submitted undisputed invoices and report such activity in the District’s contract monitoring tool cited below.

7.

ELECTRONIC CONTRACT MONITORING For contract monitoring and tracking purposes, the District utilizes B2GNow. This is an interactive system which requires all tiers of contractors to login and submit payment data for prompt payment compliance and subcontractor utilization purposes. If no subcontractors are being proposed, the District may waive the requirement of utilizing this system.

8.

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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REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN SCOPE OF SERVICES 1.

SCOPE OF SERVICES A. Introduction The ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (District) requests Proposals from qualified firms (Consultant) to evaluate the District’s operations and maintenance facility needs, develop a facility master plan, and provide an implementation and funding/financing strategy. B. Description Of District AC Transit is an Oakland-based public transit agency serving the western portions of Alameda and Contra Costa counties in the East Bay of the San Francisco Bay Area that operates in twenty-two (22) cities and four (4) counties. The District covers a 364 square mile area and offers over 150 routes serving 6,500 bus stops. AC Transit carries approximately 180,000 riders each weekday. The District is governed by a seven-person Board of Directors which is directly elected by voters within the AC Transit District. The District has administrative offices in Downtown Oakland; Operating Divisions in Richmond, Emeryville, East Oakland, and Hayward; a Central Maintenance and Stores center in East Oakland; an Operations Control Center in Downtown Oakland; and a Training and Education center in Hayward. The District has a contract with a remote call center in Iowa for over-the-phone customer service, and also has a customer service center in Downtown Oakland and a customer information center in East Oakland. Over 2,000 employees work for the District including over 1,300 bus operators; over 40 transportation supervision/administration staff; almost 400 maintenance workers and about 300 staff in other administrative or professional positions. The District is currently expanding service which necessitates a larger bus fleet, operating workforce, and support staff. Given the number of vehicles is expected to rise, the District is interested in making the most of its existing operations and maintenance facilities as well as plan for future new facilities to accommodate growth. In addition, regional growth forecasts indicate continued growth in demand for transit services across the next several decades. Most employees and job classifications are covered by collective bargaining agreements with one of our three (3) labor unions: Amalgamate Transit Union Local 192 (ATU); American Federation of State, County and Municipal Employees Local 3916 (AFSCME) and Internal Brotherhood of Electric Workers Local 1245 (IBEW).

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REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN SCOPE OF SERVICES C. Description Of The District Facilities The District operates four operations and maintenance divisions:  Division 2, located at 1177 47th Street in Emeryville, covers nine acres and can store an estimated 183 coaches in its current configuration. It is currently operating at capacity. There is no space to expand this facility footprint.  Division 3, located at 2016 MacDonald Avenue in Richmond, covers six acres and can store an estimated 86 coaches in its current configuration. Division 3 has only been used for storage since August 2011 when the District temporarily ceased operations due to financial constraints. However, the facility has recently been renovated and reopened for daily operations. It is expected to remain in operations for a minimum of seven years or until a new northern operating division can be opened. The City of Richmond identified Division 3 as a key redevelopment site for transitoriented development. There is no space to expand this facility footprint.  Division 4, located at 1100 Seminary Avenue in Oakland, covers 13.3 acres and can store an estimated 215 coaches in its current configuration. It is currently operated at capacity. The District also owns 10.39 acres of additional property adjacent to the bus yard suitable for future expansion. In addition, another available parcel owned by the City of Oakland may be available  Division 6, located at 1758 Sabre Street in Hayward, covers 19.8 acres and can store an estimated 193 coaches in its current configuration. Adjacent to D-6 is the District’s Training and Education Center (TEC), located at 20234 Mack Street in Hayward.  The Central Maintenance Facility (CMF), located at 10626 International Boulevard in Oakland, covers 11.9 acres and is where major repairs on coaches are performed. The facility is currently not set up as an operating division. Most of the District’s operating and maintenance facilities are 25 to 30 years old and are in need of significant rehabilitation and replacement of systems. In addition to the operations and maintenance facilities, the District owns the General Office (GO), located at 1600 Franklin Street in Downtown Oakland. The building provides approximately 100,000 square feet of office space, including a customer service center. D. Description Of AC Transit Revenue Vehicles AC Transit has a fleet of 618 revenue vehicles that is comprised of 386 40-foot vehicles, 90 30-foot vehicles, 86 60-foot vehicles, 46 45-foot vehicles, and ten Page 19

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REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN SCOPE OF SERVICES van-size cutaways. Of thesecoaches, 13 are fuel-cell vehicles and 25 are dieselelectric hybrid vehicles. There are ten additional fuel-cell electric vehicles and five battery-electric vehicles planned for purchase by the end of 2017. The fuelcell and electric coaches require dedicated fueling/charging infrastructure. Implementation of ACGo service expansion and phase one of MTC’s Bay Bridge Forward Program would increase fleet size by five percent. Some of the expansion vehicles will be double decker buses (42 foot long). Implementation of other long-term improvements described in the Major Corridors Study, full implementation of the MTC’s Bay Bridge Forward Program, and land use changes decribed in the Plan Bay Area 2040 could double the fleet size. E. Purpose The Facilities Utilization Plan provides a roadmap for addressing challenges that AC Transit faces and focuses on looking within the District to find ways to expand to best meet short- and long-term operational needs. The work performed through this project has the following goals:  Provide maintenance and operations facility utlization recommendations that are flexible and will allow AC Transit to support and accommodate the growth projected in its fleet plan for the next 30 years,  Recommend measures to improve operational efficiency - including reconfiguration of space, while minimizing disruptions to operations,  Identify measures to rehabilitate or replace structurally vulnerable and obsolete facilities,  Incorporate sustainability initiatives whenever possible to realize cost and emissions savings,  Identify funding sources and recommended financing options, and  Identify and evaluate project delivery options. F. Tasks Task 1: Project Management The Consultant shall propose a viable project management plan for this project that keeps the project within scope, on schedule, and on budget, and includes regular check-ins with the AC Transit project manager and meetings with stakeholders. Risk management, quality control/quality assurance, and project communication are considered core components of the project management efforts.

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REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN SCOPE OF SERVICES Task 2: Stakeholder Engagement The Consultant will develop a plan for engaging internal stakeholders. The Consultant will lead a series of workshops with a Technical Advisory Committee (TAC), consisting of a cross-functional group of AC Transit staff; and an Executive Committee, consisting of leadership staff from various District departments. The Consultant will also provide support for presentations or workshops to the Board as well as meeting with other internal stakeholders. Task 3: Baseline Assessment The Consultant will review existing documents, including AC Transit’s fleet plan and Facilities Utilization Assessment Study (February 2014), the Transit Asset Management Plan (the last plan dated in January 2014, and the revised version under development) and Evaluation of Conversion of Bus Fleet to Zero Emission Vehicles (under development). In addition, the consultant may also collect and summarize the existing conditions of all AC Transit operations and maintenance facilities through site visits and interviews. Task 4: Plan Framework The Consultant shall compile “best practices" and facilitate a discussion with District personnel at the staff and executive levels in developing a vision, goals, and the functional requirements of the ultimate deliverables. Working with AC Transit, the Consultant shall develop a vision for the next 30 years, a set of goals, and design criteria for facility solutions. The goals and criteria will serve as a framework for evaluating performance of identified projects. The vision and goals will include the system-wide needs as well as division-specific needs. Task 5: Operations and Maintenance Facilities Analysis This task shall be developed based on vision, goals and design criteria developed as part of Task 4. Task 5.1: Needs Assessment The Consultant shall prepare a detailed space program identifying space requirements for all functions across the next 30 years by comparing the detailed space program and design criteria against existing conditions. The space program should address needs at both the system-wide and operating-division level. Task 5.2: Capacity Expansion Alternatives The Consultant shall evaluate alternatives to add vehicle capacity and supporting functions at the existing facilities and new sites, including expansion of Division 4, modifications or vertical expansion of Division 2 and Division 6, as well as up to six sites for a new division. With a new division, existing divisions may be consolidated, relocated, or unchanged. Page 21

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FACILITIES UTILIZATION PLAN SCOPE OF SERVICES Working with AC Transit’s Real Estate Manager, the Consultant shall evaluate candidate sites based on the program and design criteria (developed under Task 4). The Real Estate Manager will identify candidate sites and provide valuation of each site. The Consultant shall conduct a due diligence study for up to six sites. The due diligence study includes but is not limited to, reviewing 1) environmental/CEQA/NEPA issues that could present a fatal flaw; 2) general plans, zoning, and development plans that may affect sites; and 3) ability to adapt to and recover from hazards, including flooding, sea-level rise, and earthquakes. The Consultant shall develop a preliminary site layout for new facility candidate sites based on the needs assessment and site requirement criteria. If vertical expansion at existing facilities is feasible and recommended, the Consultant shall also provide a similar assessment and criteria for those sites, as well. The preliminary site plan shall include operations and maintenance facility footprints with functional areas delineated, site circulation, parking, access, and streetscape elements to accommodate the conceptual layout. Task 6: Funding and Implementation Plan Task 6.1: Project Cost (Capital and O&M Cost) Estimate The Consultant shall develop a cost estimate to determine capital costs, including soft costs, and operations and maintenance costs for each element of the capacity expansion project. Operations costs shall include staffing for the expansion, utilities, and changes to bus deadhead times. AC Transit’s Service Development Department will assist to develop costs associated bus deadhead times. Task 6.2: Phasing Strategy and Implementation Schedule The Consultant shall develop a phasing strategy and project implementation schedule with costs projected on an annual basis. Task 6.3: Funding and Financing Options Based on the project cost and implementation schedule developed under Tasks 6.1 and 6.2, the Consultant shall recommend federal, state and local funding sources and financing options for the recommended facility expansion project(s). Potential site locations identified in Task 5 maybe available for purchase or lease. Task 6.4: Implementation Considerations Consultant shall document any issues and opportunities related to implementing the Facilities Utilization plan. Issues and opportunities related with project delivery (i.e., Design, Bid and Build; Design/Build; or CM At-Risk), revenue generating opportunities for other AC Transit properties, and interagency shared use of a new division. The consultant should also consider the possibility of subleasing space to generate additional revenue for the District should they become available at any of the potential sites. Page 22

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FACILITIES UTILIZATION PLAN SCOPE OF SERVICES Task 7: Final Report Consultant shall document all findings, prepare a draft and a final report, and present the findings to TAC, Executive Team, Board of Directors, and interested stakeholders. G. SCHEDULE 1. Project Duration: Total duration of 8-10 months 2. Consultant Kick-Off: July 2017. 3. Final Report Approval: March – May, 2018.

[END OF SCOPE OF SERVICES]

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AC TRANSIT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL No. 2017-1403

FACILITIES UTILIZATION PLAN 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. 2017-1403

FACILITIES UTILIZATION PLAN 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. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers

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. 2017-1403 prepared and issued by the District titled FACILITIES UTILIZATION PLAN dated March 23, 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. 2017-1403 and 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 May, 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 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. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers

. 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 Page 27

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REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers 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. 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. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers

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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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers Q1. In response to the basic business requirements, gross annual receipts: can we simply list our firm’s gross revenue or do we need to provide supporting financial documents in an appendix? a. Yes, you may simply list your firm’s gross revenue. Q2. Page 19 – Is it anticipated that the Central Mantenance Facility (CMF) will need to be part of Task Baseline Assessment, task 5.1 Needs Assessment and Task 5.2 Capacity Expansion Alternative? a. Yes. Q3. Are the sites that should be considered part of Task 3 and 5 included in Division 2, 3, 4, and 6 only? a. For Task 3, please evaluate all District owned operations and maintenance facilities – Division 2, 3, 4, and 6, and CMF. As part of Task 5, Consultant will assess ways to increase capacity at the existing facilities as well as potential new sites. There is limited to no capacity left for expansion at the existing facilities. Real Estate Manager will identify and provide details of potential expansion sites. Q4. If Proposer is not SLBE/DBE, are there points awarded for SLBE/DBE subs? a. No, the evaluation criteria is for the prime contractor, not sub-contractors, therefore a certified small business sub-contractor within the District’s wards would not meet the criteria. Q5. The Price Proposal Form spreadsheet contains four staff classifications: Project Manager, Sr. Consultant, Jr. Consultant, and Admin. Is it the intent that the proposer is to use these four classifications, or can/should the proposer add additional personnel and classifications? Can the proposer show billing rates for key stafff (named) and rates based on classifications for the remaining team members? a. Yes, the proposer can list billing rates for remaining team members, as needed. Q6. For the Qualifications and Reference Materials section it states that we need to provide a minimum of three clients with whom we’ve completed three similar projects within the last five years. To clarify, are you looking for a total of three projects, each with a different public agency client, or Page 30

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL NO. 2017-1403

FACILITIES UTILIZATION PLAN Appendex A Proposer Questions and Answers are you looking for three projects for each client, for a minimum of nine projects? a. Please provide three (3) similar projects completed within the last five (5) years. The three (3) projects may have the same or different clients. Thus, the minimum number of project references is three (3). Q7. On page 21 of the RFP under Task 3: Baseline Assessment, will the current and/or under development Transit Asset Management Plan and the Evaluation of Conversion of Bus Fleet documents be made available prior to the proposal submission date? a. No, they will not be available prior to the proposal submission date. The RFP for the Transit Asset Management Plan is listed at the following: http://www.actransit.org/acpronet/transit-asset-management-plan/ Q8. Will the successful proposer be precluded from bidding on and/or performing any design related work that may arise as a result of the finding of this project? a. No, a firm selected for this contract will not be precluded from any future deisgn work that may arise as a result of the findings of this plan. Q9. Does AC Transit have a budget in mind for this project? a. Yes, for this project the budget is $250,000 - $350,000.

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