Request for Proposal - 2019 Regional Transit Asset ...C427AE30-9936...RE: Request for Proposal - 2019 Regional Transit Asset Management Plan for Transit Providers The Kings County

October 29, 2018 To: Proposers/Consultants From: Teresa Nickell, Regional Planner

RE: Request for Proposal - 2019 Regional Transit Asset Management Plan for

Transit Providers

The Kings County Association of Governments (KCAG), a metropolitan planning organization (MPO) and regional transportation planning agency (RTPA), is requesting proposals from qualified consulting firms to prepare a Regional Transit Asset Management Plan with performance measures for the region’s two transit providers, Kings County Area Public Transit Agency (KCAPTA) and the City of Corcoran (Corcoran Area Transit), in compliance with Federal Transit Administration (FTA) requirements for maintaining public transit systems in a state of good repair. This contract will be funded with Federal Transit Administration (FTA) Section 5303 Metropolitan Planning funds. As such, FTA Section 5303 Program requirements applicable to such contracts will apply. Firms interested in this project should send their proposals to the attention of Teresa Nickell, Regional Planner, Kings County Association of Governments, 339 W. D Street, Suite B,

Lemoore, CA 93245 by 5:00 p.m., Wednesday, December 5, 2018. The following project schedule is estimated:

Request for Proposals Distributed .................................................... October 29, 2018 Deadline for Proposer Questions ................................................... November 7, 2018 Responses to Questions Posted Online ....................................... November 14, 2018 Proposals Due to KCAG ................................................................. December 5, 2018 Consultant Interviews (If needed) ................................................... To Be Determined KCAG to Select Consultant .............................................................. January 23, 2019 Contract Approval and Notice to Proceed......................................... February 6, 2019 Consultant Submittal of Administrative Draft Products ........................... June 6, 2019 Consultant Submittal of Draft Products .................................................June 13, 2019 Consultant Submittal of Final Products ................................................... July 31, 2019 KCAG Approval of Final Products .......................................................... July 24, 2019

Questions regarding this Request for Proposal will be accepted in writing until 5:00 p.m. on Wednesday, November 7, 2018 and must be directed in writing to: [email protected].

REQUEST FOR PROPOSAL

I. Introduction ...................................................................................................................... 1

II. Overview of Kings County ................................................................................................ 1

III. Project Background .......................................................................................................... 1 A. Kings County Association of Governments .............................................................. 2 B. Kings County Area Public Transit Agency ............................................................... 2 C. City of Corcoran ....................................................................................................... 3 IV. Scope of Work ................................................................................................................. 4 A. Current Individual TAM Plans .................................................................................. 4 B. Regional Transit Asset Management Plan ............................................................... 6 V. Available Resources ......................................................................................................... 7 VI. Required Deliverables ...................................................................................................... 7 VII. Consultant Selection Schedule and Project Timeline ....................................................... 8 VIII. Contact Person ................................................................................................................ 8 IX. Proposal Submittal Requirements .................................................................................... 8 X. Questions/Clarifications .................................................................................................... 8 XI. Budget ............................................................................................................................. 8 XII. Proposal Evaluation and Consultant Selection ................................................................ 9 XIII. Proposal Content and Organization ................................................................................ 10 XIV. Modifications or Withdrawal of Proposals ....................................................................... 13 XV. Rejection of Proposals ................................................................................................... 13 XVI. Contract Award .............................................................................................................. 13 XVII. Disadvantaged Business Enterprises ............................................................................. 13 XVIII. Title VI Assurance .......................................................................................................... 15 XIX. Payment Schedule ......................................................................................................... 15 Appendix A – Map Appendix B – DBE Program Bidders List Form

Appendix C – Cost Summary Table

I. INTRODUCTION As the Regional Transportation Planning Agency (RTPA) for the area, the Kings County

Association of Governments (KCAG) is seeking professional transportation consulting services for the preparation of a regional Transit Asset Management (TAM) Plan for two public transit providers under the RTPA’s jurisdiction. In accordance with the Moving Ahead for Progress in the 21

st Century Act (MAP-21) and Fixing America’s Surface

Transportation Act (FAST), the Federal Transit Administration (FTA) developed the Final Rule, also know as the TAM Rule, which requires public transportation providers to establish a set of performance measures for assessing the condition and useful life of capital assets and setting targets for performance measures in order to maintain transit systems in a state of good repair. The goal of the 2019 Regional Transit Asset Management Plan, in compliance with FTA Final Rule and State of Good Repair (SGR) requirements, is to provide a framework for the County’s Tier II transit providers to develop and maintain a regional systematic process for operating, maintaining, and improving their transportation assets effectively through their life cycle. Tier II transit providers are generally categorized as a subrecipient of FTA funds from the State and operate fewer than 101 revenue vehicles. The regional TAM Plan will be utilized by the transit providers to guide their performance based approach to planning and programming in order to ensure the most efficient investment of federal transportation funds.

Both Tier II providers have filed initial 2018 TAM Plans with the State Department of

Transportation (DOT) as of October 1, 2018, as required by the Final Rule. It is recognized by the FTA that each transit provider’s TAM Plan may not have complete data while setting initial targets. Therefore, in order to support a system in a state of good repair to the furthest extent possible, a clear strategic TAM Plan to ensure a good asset management system is in place and to instruct asset investment decisions is necessary. It will also ensure the health, safety and environment performance and lifecycle management process through demonstrated compliance. It is expected each transit provider’s initial TAM Plan will be updated with the data set and assessment, plans and investment programming that will be available with the Regional TAM Plan.

II. OVERVIEW OF KINGS COUNTY Kings County is located in the southern central San Joaquin Valley, as one of the smallest

counties in California with a population of approximately 151,662 residents. Kings County is projected to grow to 170,105 by the year 2030. Of the current population, approximately 12% is 65 years or older, 10% is disabled, and 41% of the elderly (65 years and older), are disabled. The City of Hanford is the County seat with a population of 58,176 per the latest U.S. Census.

Public transportation services are provided by a number of providers in Kings County and

the surrounding region. For traditional public transit services, the Kings County Area Public Transit Agency (KCAPTA) manages the Kings Area Rural Transit (KART) system which provides transit services within the county and to other nearby counties. The City of Corcoran owns and operates the Corcoran Area Transit (CAT) system within the city limits and unincorporated fringe area of Corcoran.

III. PROJECT BACKGROUND In order for the prospective consultant to accurately estimate the complexity of the

Regional TAM Plan requested, a brief description of KCAG’s role and of each transit provider and operations is provided below.

A. Kings County Association of Governments

Kings County Association of Governments (KCAG) is a state-designated regional transportation planning agency (RTPA) recognized by the state's Business, Transportation and Housing Agency, and a Metropolitan Planning Organization (MPO) recognized by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). KCAG receives federal funding to conduct several activities required of MPOs. A few of the regional planning documents KCAG prepares and maintains include the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS), the Regional Active Transportation Plan (ATP), and the Transit Development Plan (TDP) for the development, comprehensive review, and management of transit system services within the county. KCAG is responsible for administering the Transportation Development Act (TDA) funds (Local Transportation Fund and State Transit Assistance Fund) for Kings County, in addition to state and federal transit grant programs.

B. Kings County Area Public Transit Agency The Kings County Area Public Transit Agency (KCAPTA) is a joint powers agency

comprised of the county and the cities of Avenal, Hanford, and Lemoore. The Kings Area Rural Transit (KART) is the largest single public transit system within Kings County and is operated under the direction of KCAPTA. KCAPTA establishes the operating policies and defines the services to be provided by KART, including service hours and days, fares and routes, etc. Daily management and actual operation of the transit services are carried out under contract with a private firm. KCAPTA’s staff is comprised of an Executive Director, a transit manager, two transit assistants, a fiscal specialist, and a facility fleet maintenance specialist.

1. KART Service

KART provides services on weekdays and Saturday with 20 fixed routes and paratransit services, using an active fleet of 24 buses. Fixed route service is offered within and between the city of Hanford and the communities of Armona, Laton, Stratford, and Kettleman City and to Naval Air Station Lemoore (NASL). Commuter routes to the cities of Avenal, Corcoran, Lemoore, Fresno, and Visalia are also served by KART. Paratransit services are offered by KART within the cities of Hanford, Lemoore, and Avenal and the community of Armona.

2. KART System

For FY 2016-17, KART provided a total of 743,157 passenger trips at an approximate net operating cost of $3,799,017 and achieved a farebox return of 17.1% systemwide. The FY 2016-17 operating budget for KART was approximately $4,696,805. Capital improvements were added to the KART system since the previous triennial performance audit, such as the purchase of CNG buses and engine rebuilds, paratransit buses, a coin counting machine,

equipment and facilitiy improvements including a new CNG fuel compressor, ADA improvements at the transit station, and reconstruction of the drive approach at the maintenance facility.

3. KCAPTA 2018 TAM Plan

KCAPTA is classified as a Tier II transit provider based on the TAM Rule. KCAPTA is a subrecipient of FTA 5307 Formula Small Urban grant funds and FTA 5311 Formula funds for public transit service in a non-urbanized area with less than 50,000 residents, including FTA 5339 for Bus and Bus Facilities. KCAPTA utilized the Tier II TAM Plan - Version 2.1 template for its individual plan (10/1/18). The Plan includes the four required elements: Inventory of Capital Assets; Condition Assessment; Decision Support Tools; and Investment Prioritization. KCAPTA’s revenue vehicles and capital assets include 28 fixed route buses; 8 paratransit buses; 2 mini-vans; a maintenance/fleet operations/vehicle storage and fueling facility, an administration office, and a transit hub station.

C. City of Corcoran

The City of Corcoran provides transit services for the city and the unincorporated fringe area and is not a member of the Kings County Area Public Transit Agency. Corcoran establishes the operating policies and defines the services to be provided by the Corcoran Area Transit (CAT) system, including service hours and days, fares and routes, etc. Daily management and actual operation of the transit services are carried out by City staff, comprised of the Community Development Director, a transit coordinator, a senior assistant coordinator, and four full-time drivers. The maintenance of the CAT buses is conducted by the City’s Public Works Department.

1. CAT Service

CAT provides demand response bus service on designated routes to the public each weekday with a small fleet of 6 buses. The Corcoran Amtrak Station serves as a transfer point for Amtrak, KART, and CAT. The KART route between Hanford and Corcoran provides an express route to meet commutes to Amtrak, the State prison, and to the city.

2. CAT System

Corcoran has historically offered both roundtrip tickets on Amtrak and KART between Corcoran and Hanford at reduced rates to promote intercity travel and improve farebox retention. The City of Corcoran claims Transportation Development Act funds for operating expenses of the demand response bus service and for Amtrak tickets. The net operating cost of $836,563 produced a farebox return of 9.55% in FY 2016-17. In 2016, approximately 56,700 passenger trips were provided by CAT demand response, KART, and Amtrak in Corcoran. Capital improvements since the previous triennial performance audit include replacement of wheelchair lifts, repavement of the corps yard for bus storage, purchase of a security camera system and computers, and new transit vehicles.

3. Corcoran 2018 TAM Plan

Corcoran is classified as a Tier II transit provider based on the TAM Rule. Corcoran is a subrecipient of FTA 5311 Formula funds for public transit service in a non-urbanized area with less than 50,000 residents. Corcoran utilized the Tier II TAM Plan - Version 1.1 template for its individual plan (10/1/18). The Plan includes the four required elements: Inventory of Capital Assets; Condition Assessment; Decision Support Tools; and Investment Prioritization. Corcoran’s revenue vehicles and capital assets include 6 buses, a maintenance facility, and a transit station.

IV. SCOPE OF WORK

A. Update Current Individual TAM Plans

The initial TAM Plans completed by the transit providers may need to be updated with more complete information, or the consultant may verify the existing plans. The consultant will be required to review and determine the provider's compliance with the FTA Final Rule (49 Code of Federal Regulations parts 625 and 630) requirements specified for Tier II providers. In order to verify and validate the Plans and provide detailed assessments, the consultant will review and conduct an analysis of each provider’s transit planning platform, reviewing the organization background, core principles and processes, transit levels of service, and ridership trends. The consultant will review each transit provider’s Asset Management Policy and TAM Approach methodology and provide an update as necessary to align with the MAP-21 and Final Rule requirements. A set of overarching objectives and strategies aligned to KCAPTA’s and Corcoran’s individual TAM Plans needs to be established. The initial TAM Plans are based on the first four (4) Elements established by the TAM Final Rule, listed below. The Consultant will verify compliance and/or update each Plan’s Elements, and in instances of non-compliance, a finding regarding the non-compliance should be made in the report with the recommended strategy or performance measure necessary to bring compliance. The consultant should include recommended methodology, analyses and assessment of transit assets, and develop strategies for maintaining compliance for each transit provider’s system. The following Elements include tasks that KCAG would expect to see at minimum, however the task descriptions are not all inclusive, so the consultant may establish their own recommended tasks in their proposal: 1. Inventory of Capital Assets

Review and verify each asset inventory, including assets owned by a third party or shared resources

Verify the categorization of transit assets

Update as necessary the asset inventory

2. Condition Assessment

Review and verify the methodology and assessment of the asset inventory in setting performance measure targets and in assessing the condition of assets

Verify and identify performance measure targets, including safety performance targets

Verify condition ratings utilized for rolling stock and equipment and the application of Useful Life Benchmarks (ULBs) to each asset in the inventory

Verify the assessed facilities conditions using FTA’s Transit Economic Requirements Model (TERM) scale

Update as necessary the condition assessment so programming can be based on an updated set of data

Develop and prepare a methodology plan for each transit provider’s use for for establishing correct performance targets and for conducting condition assessments of capital assets, using asset lifecycle strategies, suggested techniques and explanations (i.e. – use of escalators, how to determine correct factors and classification of assets, etc.)

3. Decision Support Tools

Review and verify any decision support tools to determine if the tools utilized are sufficient or whether modified versions would be more appropriate for the transit provider’s operational improvements and capital asset investment prioritization needs

Review and verify policies in place to inform and guide each transit provider in investment prioritization funding decisions and target setting

Develop policies appropriate for the transit provider’s use to manage their inventory of transit assets

Develop policies for prioritization of investments (the process used to prioritize investments)

4. Investment Prioritization

Develop a performance based investment prioritization plan; Tie into the plan which asset condition or age, operations, and investment categorization must be considered and analyze for any project request with relevant documentation to support informed decision-making

Review the provider’s programming investment priorities from the Statewide Transportation Improvement Program (STIP); Review the transit provider’s TAM Plan and the latest KCAG Transit Development Plan to identify and analyze projects with priority for capital improvement planning

Review each transit provider’s project requests to verify projects are based on the inventory and condition data

Establish capital funding projections for the span of the years to be programming

Verify and identify transit provider’s asset investment needs (capital and operational budget needs) and revenue sources; conduct cost benefit analyses and/or other financial planning methods

Verify and identify the prioritization of replacing or purchasing assets

Verify and identify potential impacts to current and future staffing resources

Verify and identify estimated funding levels from all available sources each fiscal year during the 4 year horizon period (2019-2023)

B. Develop Regional Transit Asset Management Plan

The regional TAM Plan will provide a business model and overview process for transit asset management designed to help transit providers to achieve and maintain a state of good repair of their system and facilities. 1. Tier II Elements

At a minimum, the regional TAM Plan shall incorporate in a clear, concise manner, all information for both KCAPTA’s and City of Corcoran’s transit asset management plans with updated data, charts and detailed assessments, for the Tier II Elements outlined in Section A of the Scope of Work.

Asset inventory portfolio

Asset condition assessment

Decision support tools and management approach

Investment prioritization

2. Align FTA Transit Asset Management and State of Good Repair Requirements for NTD Reporting

In an effort to align the new FTA asset management system with State of Good Repair requirements, the consultant shall provide the following additional tasks for each transit provider’s system:

Develop a plan for the Data and Narrative Reports specifically designed to meet National Transit Database (NTD) reporting requirements for each transit provider’s use, including a step-by-step plan for record keeping

Develop a record of provider’s progress made toward meeting State of Good Repair (SGR) performance targets set annually by the agency (informed by the TAM Plan), and any change in the condition of the provider’s transit system from the previous year

Develop individualized performance based Fleet maintenance process and a Facility inspection plan to monitor and manage service fleets, facility and equipment assets to maintain a state of good repair for each transit system.

V. AVAILABLE RESOURCES

The following background, resource, and reference information material is available for use by consultants for the preparation of the Regional Transit Asset Management Plan. KCAG resource documents can be found on the KCAG website at www.kingscog.org. KCAG staff will work with the selected consultant to integrate key existing resources as part of this effort. Legislative Actions/Publications:

Moving Ahead for Progress in the 21st Century (MAP-21) Act of 2012

Fixing America’s Surface Transportation Act (FAST Act) of 2015

FTA Transit Asset Management (TAM) Final Rule

FTA TAM ULB Cheatsheet

FTA Public Transportation Agency Safety Plan (PTASP) Final Rule KCAG Resources:

2015 KCAG Transit Development Plan/Social Service Transportation Action Plan

Triennial Performance Audits of KCAPTA and City of Corcoran Transit FY 2012-2015

2018 KCAG Regional Transportation Plan

2019 Federal Transportation Improvement Program VI. REQUIRED DELIVERABLES The consultant must provide three copies and one electronic copy of the administrative

draft and draft reports to KCAG for review and comment prior to finalization. The report must address each of the Regional Transit Asset Management Plan project requirements outlined above, and an administrative draft must be delivered no later than Thursday, June 6, 2019, with the public draft to be delivered no later than Thursday, June 13, 2019. The consultant should be prepared to make oral presentations of the reports to the KCAG Transportation Policy Committee, Kings County Area Public Transit Agency, and the Corcoran City Council during the month of July 2019. After the RTPA and operators review and comment upon the draft, the consultant must respond to comments and prepare a final document and deliver eight bound copies, one unbound copy, and one electronic copy of the final written reports to the Executive Director of KCAG by Wednesday, July 31, 2019.

VII. CONSULTANT SELECTION SCHEDULE AND PROJECT TIMELINE Request for Proposals Distributed ........................................................... October 29, 2018 Deadline for Proposer Questions .......................................................... November 7, 2018 Responses to Questions Posted Online .............................................. November 14, 2018 Proposals Due to KCAG ........................................................................ December 5, 2018 Consultant Interviews (If needed) .......................................................... To Be Determined KCAG to Select Consultant ..................................................................... January 23, 2019 Contract Approval and Notice to Proceed................................................ February 6, 2019 Consultant Submittal of Administrative Draft Products ................................... June 6, 2019 Consultant Submittal of Draft Products ........................................................ June 13, 2019 Consultant Submittal of Final Products .......................................................... July 31, 2019 KCAG Approval of Final Products ................................................................. July 24, 2019 VIII. CONTACT PERSON Prospective proposers shall direct any questions concerning this project to the following

person: Teresa Nickell, Regional Planner Kings County Association of Governments 339 West D Street, Suite B Lemoore, CA 93245 PH: (559) 852-2657 FAX (559) 924-5632 [email protected] IX. PROPOSAL SUBMITTAL REQUIREMENTS Proposers must submit one (1) unbound and four (4) hard copies of their proposal,

including one (1) electronic copy. Proposals should be addressed to the above KCAG contact person if delivered by mail or courier and must be received by KCAG no later than 5:00 p.m., on Wednesday, December 5, 2018. KCAG has no authority to accept proposals submitted after the time and date. Postmarks, email submittals, and faxes will not be accepted in lieu of this requirement.

X. QUESTIONS/CLARIFICATIONS Questions and/or clarifications to this RFP must be submitted in writing by email to

[email protected], prior to the deadline specified in Section VII. Proposer questions should clearly identify the relevant section of the RFP and page number(s) related to the question(s) being asked.

Questions received after the date and time specified will be answered at the option of the

RTPA. Please mark all questions/clarifications as “Written Questions to Regional Transit Asset Management Plan”. The RTPA’s responses to the questions received by the date and time will be posted on KCAG’s website at www.kingscog.org/rfp.

XI. BUDGET A total of $113,000 has been budgeted for this project.

XII. PROPOSAL EVALUATION AND CONSULTANT SELECTION Proposals submitted by each consultant that meet the proposal requirements will be

evaluated separately by a proposal review panel made up of transit managers and RTPA staff to determine the necessity for oral interviews in the first phase of the proposal evaluations. The evaluation will be based on information provided in response to the RFP and information provided by former clients for whom work of a similar scope has been done. Evaluation considerations include the following:

1. Responsiveness of the proposal in clearly stating the understanding of the work to

be performed. 2. Cost, although a significant factor, may not be the dominant factor. Cost is

particularly important when all the other evaluation criteria are relatively equal. 3. Approach to be followed and the tasks to be performed, including detailed steps and

resources required and proposed project schedule. 4. Experience in public transit, performance auditing, and the issues and functional

areas to be analyzed. 5. Relative allocation of resources, in terms of quality and quantity, to key tasks,

including the time and skills of personnel assigned to the task and the consultant's approach to managing resources and project output.

6. Past performance of the proposer on work previously performed for similar

governmental agencies. KCAG reserves the right to select a consultant based solely on the written proposals and

not convene oral interviews. If oral interviews are needed, the top three (3) consulting firms will be invited to make a formal presentation to a selection committee in the second phase of the proposal evaluations. Interviews will take place on one day to be determined as necessary. At the oral interviews, proposers will be requested to make a formal presentation. A maximum of thirty (30) minutes will be made available to the consultant to present the firm's qualifications and approach to the project.

Proposals submitted by each proposer shall be evaluated separately based on how well

each proposal meets the criteria listed below:

CRITERIA POINTS Proposal Content Comprehension of RFP Project ........................................................................... 5 Thoroughness of Proposal ................................................................................ 15 Meeting Objectives of RFP ................................................................................ 10 Consultant Qualifications Prior Relevant Experience ................................................................................. 25 Qualifications and Commitment of Staff ............................................................ 25 References .......................................................................................................... 5 DBE Participation Level ....................................................................................... 5 Cost Reasonableness of Cost ................................................................................... 10 Total .............................................................................................................. 100 XIII. PROPOSAL CONTENT AND ORGANIZATION Proposals should meet the stated requirements and propose the best methods to

accomplish the work within the stated budget. The organization of proposals should follow the general outline below:

1. Transmittal Letter and Signature

The transmittal letter should include the name, title, address, phone number and original signature of an individual with authority to negotiate on behalf of and to contractually bind the proposer and who may be contacted during the period of proposal evaluation. The letter should include a brief overview of the consulting firm(s), including location, size and expertise. The letter shall also contain a statement to the effect that the proposal is a firm offer for a 90-day period. Only one transmittal letter need be prepared to accompany all copies of the proposal.

2. Title Page Indicate RFP subject, name of proposer's firm, local address, telephone number,

name of contact person and date of proposal. 3. Table of Contents A listing of the major sections in the proposal and the associated page numbers. 4. Understanding of the Project The proposal should include a brief narrative introducing the proposer's

understanding of the project requirements. The contents of this section are to be determined by the particular respondent, but should demonstrate understanding of

the unique characteristics of this project and the requirements of the project in the scope of work contained in the RFP.

5. Project Methodology The proposer shall describe the overall approach to the project, specific techniques

that will be used and the specific administrative and operational management expertise that will be employed.

6. Schedule of Tasks The proposal shall contain a detailed schedule identifying major tasks to be

undertaken to conduct the work and time frame for each task. 7. Project Management Prospective consultants shall designate by name the project manager to be

employed. The selected consultant shall not cause substitution of the project manager without prior approval by the Executive Director of KCAG.

8. Project Personnel The prospective consultant shall describe the qualifications of all professional

personnel which will be assigned to the project, including a summary of similar work or studies performed, a resume for each professional, a statement indicating how many hours each professional will be assigned to the contract and what tasks each professional will perform. The contractor shall not cause members of the project team to be substituted without prior approval of KCAG.

9. Subcontractors If any subcontractors are to be used, prospective consultants shall submit a

description of each person or firm and the work to be done by each subconsultant. The cost of the subcontract work is to be itemized in the cost proposal.

10. Disadvantaged Business Enterprise

If the prospective contractor is Disadvantaged Business Enterprise (DBE) certified,

proof that the company has been certified shall be included in the proposal. Certification will be from an agency authorized Administration, State of California, National Economic Development Administration, etc. Caltrans has established a FFY Overall DBE program goal of 12.5 percent. Therefore, a separate contract goal may be assigned on future procurements. A DBE Bidders List Form is provided in Appendix B of this RFP.

The proposal must list the percentage of work (by cost expended) to be completed by DBE certified firms, prime or subcontractors. An explanation of the attempt to obtain DBE firms must be provided. Failure to provide the requested information may disqualify a proposal.

ALL Proposers (and subcontractor(s) if applicable) must complete a Disadvantaged Business Enterprise (DBE) Bidders List Form regardless of DBE status. See Section XV for more information regarding DBE requirements.

11. Consultant Qualifications and References The prospective consultants shall provide names, addresses and telephone

numbers for at least three clients for whom the prospective consultant has performed work of similar complexity to that proposed in the RFP. A summary statement for each assignment shall be provided.

12. Project Costs The prospective consultant shall prepare a detailed cost proposal for the work to be

performed. The cost proposal shall itemize all items that will be charged to KCAG. Costs shall be segregated to show actual salary costs including hours, rates, classifications, administrative and overhead rates, and direct and indirect expenses. The cost proposal shall also include the Cost Summary table included in this RFP in Appendix C. In no event will the cost of this contract exceed $113,000.

If subcontractors are to be used, the prospective consultant must indicate any

markup that the prospective consultant plans to take on subcontractors. The same breakdown of subcontract costs shall be provided as is required for contractor costs above.

Under various circumstances the budget could be subjected to Pre-audit and/or the final cost subject to Post-audit by KCAG or Caltrans Division of Audits and Investigations. The allowability of individual items of cost will be determined by 48 CFR, Federal Acquisition Regulations system, Chapter 1, Part 31 et. Seq. The Contractor will also be required to comply with Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. The Contractor and Subcontractors shall comply with all applicable laws and maintain books, documents, papers, and accounting records for a period of three years from the date of the final payment.

13. Insurance

Without limiting KCAG’s right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and affect the following insurance policies throughout the term of the contract: a. Comprehensive general liability insurance with coverage of not less than

$1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Comprehensive general liability insurance policies shall name KCAG, their officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under the terms of the contract are concerned. Such coverage for additional insured shall apply as primary insurance or self-insurance and any other insurance, maintained by KCAG, their officers, agents, and employees, shall be given excess only and not contributing with insurance provided under the CONTRACTOR’s policies herein.

b. Comprehensive automobile liability insurance with limits for bodily injury of not less than $25,000 per person, $250,000 per accident and for property damages of not less than $50,000, or such coverage with a combined single limit of $250,000.

c. Worker’s compensation insurance as required by law. This insurance shall not be canceled or changed without a minimum of thirty (30) days advance written notice given to KCAG. CONTRACTOR shall provide certification of said insurance to KCAG within twenty-one (21) days of the date of the execution of the contract. Such certification shall show, to KCAG’s satisfaction, that such insurance coverages have been obtained and are in full force; that KCAG, their officers, agents, and employees will not be responsible for any premiums on the policies; that as and if required such insurance names KCAG, their officers, agents and employees individually and collectively as additional insured (comprehensive and general liability only), but only insofar as the operations under the contract are concerned, that such coverage for additional insured shall apply as primary insurance and any other insurance, or self insurance, maintained by KCAG, their officer, agents, and employees, shall be excess only and not contributing with insurance provided under the CONTRACTOR’s policies herein; and that this insurance shall not be canceled or changed without a minimum of thirty (30) days advance, written notice given to KCAG. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, KCAG may, in addition to other remedies it may have, suspend or terminate the contract upon the occurrence of such event.

XIV MODIFICATIONS OR WITHDRAWAL OF PROPOSALS Any proposal received prior to the date and time specified above may be withdrawn or

modified by written request of the consultant. All verbal modifications of these conditions or provisions are void as ineffective for proposal evaluation purposes. Only written changes issued by consultants to the Executive Director of KCAG are authorized and binding.

XV. REJECTION OF PROPOSALS Failure to meet the requirements of the RFP will be cause for rejection of the proposal.

KCAG may reject any proposal if it is conditional, incomplete, contains irregularities, or has inordinately high costs. KCAG reserves the right to reject any and all proposals without cause. KCAG may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the RFP's documents or excise the proposer from full compliance with the contract requirements, if the proposer is awarded the contract.

XVI. CONTRACT AWARD The selected consultant will execute a contract with KCAG. The official selection of the

consultant will be made by the KCAG Transportation Policy Committee at its January 23, 2019 meeting. The execution of the contract and notice to proceed shall take place by February 6, 2019.

XVII. DISADVANTAGED BUSINESS ENTERPRISES

KCAG has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 Code of Federal Regulations (CFR) Part 26. KCAG has received federal financial assistance from the DOT and as a condition of receiving this assistance, KCAG will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of KCAG to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy:

To ensure non-discrimination in the award and administration of DOT-assisted contracts;

To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;

To ensure that the DBE Program is narrowly tailored in accordance with applicable law;

To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards and are registered with the State of California as DBEs are permitted to participate as DBEs;

To help remove barriers to the participation of DBEs in DOT-assisted contracts; and

To assist the development of firms that can compete successfully in the market place outside the DBE Program.

If the prospective contractor is DBE certified, proof that the company has been certified shall be included in the proposal. Certification will be from an agency authorized Administration, State of California, National Economic Development Administration, etc. Contract Assurance KCAG ensures that the following clause is placed in every DOT-assisted contract and subcontract: A prime contractor or subcontractor shall pay a sub contractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days of receipt of each payment may take place only for good cause and with the agency’s prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

Prompt Payment

KCAG ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract:

Satisfactory Performance A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days of receipt of each payment may take place only for good cause and with the agency’s prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

Release of Retainage The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

XVIII. TITLE VI ASSURANCE

The Kings County Association of Governments, in accordance with Title VI of the Civil

Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d-4 and Title 49, Code of Federal

Regulations, Transportation, Subtitle A, Office of the Secretary, Part 21 Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority businesses enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or nation origin in consideration of an award.

XIX. PAYMENT SCHEDULE

The consultant will be paid based on work actually performed during the preceding month.

The consultant should forward a copy of all invoices for payment for work performed and associated expenses, including salaries and overhead, travel, printing costs, postage, telephone, etc., by the 10th day of each month. KCAG will withhold ten percent (10%) of the payments due until the successful completion of the project and the delivery and acceptance of all final products by the KCAG Transportation Policy Committee.

Source: KCAPTA, KCAG 2018

DBE PROGRAM BIDDERS LIST FORM

Kings County Association of Governments (KCAG) receives Department of Transportation (DOT), Federal Transit Administration (FTA) federal financial assistance. KCAG as a designated recipient of Department of Transportation (DOT) federal financial assistance funding is required to: 1) Create and maintain a comprehensive DBE bidders List {49 CFR Part 26.11(c)}; and 2) Monitor subrecipient DBE compliance. The Bidders List Form will be used to determine the relative availability of Disadvantaged Business Enterprise (DBE) and non-DBEs participation in contracting opportunities for KCAG and subrecipients. This information will assist with establishing KCAG’s triennial DBE goal. Each Bidders List is a compilation of data on bidders, proposers, quoters, subcontractors, manufacturers, and suppliers of materials and services who have submitted bids during the advertising period of a specific acquisition. Certified DBE’s must be verifiable and currently listed on the following website to be considered

a certified DBE:

http://www.dot.ca.gov/hq/bep/find_certified.htm

Providing the following information is mandatory regardless of DBE status:

PART A: BUSINESS DATA

1. Business Name:

2. Business Address:

Street City State Zip 3. County Business is located in:

4. Name of Contact Person:

5. Phone: ( ) 6. Fax: ( )

7. Email address:

8. Is this business a certified Disadvantaged Business Enterprise (DBE)? a. ☐ Yes* b. ☐ No

*If “yes”, please provide the following information DBE Certification Number:

KCAG will verify via the following website: http://www.dot.ca.gov/hq/bep/find_certified.htm

(continued on next page)

DBE PROGRAM BIDDERS LIST FORM (continued) 9. Business Annual Gross Receipts:

a. ☐ Less than $500,000 b. ☐ $500,000 to $1,000,000 c. ☐ $1,000,000 to $2,000,000

d. ☐ $2,000,000 to $5,000,000 e. ☐ Over $5,000,000

10. Age of Business: Years: Months:

PART B: PROJECT AND WORK DESCRIPTION

11. Project Name:

12. Provide a brief description of scope of work, services, and/or materials to be performed/furnished:

13. Will you subcontract any of your work? a. ☐ Yes* ...................................... b. ☐ No

*If “yes”, subcontractor(s) also required to complete the mandatory Bidders List Form, regardless of DBE status

PART C: DBE PARTICIPATION 14. Provide the percentage (%) of total cost that will be compensation paid to DBE firms on this project: % DBE Participation:

PART D: SIGNATURE

The undersigned declares that the information set forth on this page is current, complete, and accurate. Authorized Signature: Date:

Printed Name: Title:

COST SUMMARY TABLE

*Discretionary Consultant’s Task

TASK COST

Inventory of Captial Assets (Task 1)

Condition Assessment (Task 2)

Decision Support Tools (Task 3)

Investment Prioritization (Task 4)

NTD Reporting Plan (Task 5)

SGR Compliance Record (Task 6)

SGR Fleet Monitoring Plan (Task 7)

Regional Transit Asset Management Plan (Task 8)

Initial Contract Term Total

Optional Task*

Optional Task*