REQUEST FOR PROPOSALS

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2 REQUEST FOR PROPOSALS Kings Area Rural Transit Transit Station Site Selection Study for the Kings County Area Public Transit Agency Issued by the Kings County Association of Governments PROPOSALS DUE DATE: September 6, 2017 by 5:00 p.m. at the office of the KINGS COUNTY ASSOCIATION OF GOVERNMENTS 339 West D Street, Suite B Lemoore, CA 93245

3 TABLE OF CONTENTS I. Introduction... 1 II. Overview of Kings County... 1 III. Project Background... 1 IV. Envisionment of Multimodal Transit Center... 4 V. Scope of Work... 6 VI. Available Resources... 7 VII. Required Deliverables... 8 VIII. Consultant Selection Schedule and Project Timeline... 8 IX. Contact Person... 9 X. Proposal Submittal Requirements... 9 XI. Budget... 9 XII. Proposal Evaluation and Consultant Selection... 9 XIII. Proposal Content and Organization XIV. Modifications or Withdrawal of Proposals XV. Rejection of Proposals XVI. Contract Award XVII. Disadvantaged Business Enterprises XVIII. Payment Schedule Appendix A - Maps Appendix B DBE Participation Form... 18

4 I. INTRODUCTION The Kings County Association of Governments (KCAG) is requesting proposals from interested qualified transportation design consultants to perform a site selection study to provide the Kings County Area Public Transit Agency (KCAPTA) with a preferred location for a new multimodal transit center, as defined by the scope of work specified in this RFP. This RFP will be released August 8, The proposal submission deadline is Wednesday, September 6, 2017, no later than 5:00 p.m. II. OVERVIEW OF KINGS COUNTY Kings County is located in the south central San Joaquin Valley encompassing approximately 1,400 square miles with predominantly rural, sparsely settled agriculture. As one of the smallest counties in California in terms of population with approximately 150,000 residents, Kings County is projected to grow to 170,105 by the year Of the current population, approximately 12% is 65 years or older, and 10% of the total population in Kings County is disabled, and for those 65 years and older, the Census indicated 41% are disabled. The City of Hanford is the County seat with a population of 55,645 per the latest U.S. Census. 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 (RATP), and the Transit Development Plan (TDP) for the development, comprehensive review, and management of transit system services within the county. III. PROJECT BACKGROUND A. Kings County Area Public Transit Agency Kings County Area Public Transit Agency (KCAPTA) is a joint powers agency comprised of the County of Kings and the cities of Hanford, Lemoore, and Avenal. KCAPTA s purpose is to provide a countywide public transit system to rural residents in outlying areas and within the Hanford-Lemoore Urbanized Area. KCAPTA administers and oversees the operation of the Kings Area Rural Transit (KART) fixed route and paratransit services; establishes the operating policies; and, defines the services to be provided by KART, including service hours and days, fares, and routes. The day-to-day management and actual operation of the transit services are carried out under contract with a private transit firm. KCAPTA s staff is comprised of an Executive Director, a Transit Manager, two Transit Assistants, and a Facility-and- Fleet Maintenance Specialist. KCAPTA s public transit responsibilities are in part funded with Transportation Development Act (TDA) funds - Local Transportation Fund (sales and use tax) and

5 State Transit Assistance (STA). Other funding sources include Federal Transit Act (FTA) Sections 5307, 5310, 5311, 5339, and Congestion Mitigation Air Quality (CMAQ) funds, in addition to passenger fares and advertisement revenue. KCAPTA s most recent improvements include a Bus Intelligent System with smart network services for KART routes, an expansion of fixed route services and fare restructure, website update, a new marketing plan, and currently under consultation a new ADA transit design standards manual. KCAPTA s near future plans include the installation of a transit hub station in Avenal with electric charging stations for passenger vehicles, new Sunday service to KART routes as early as 2018, and starting a bicycle sharing program. An electric trolley system for downtown Hanford is anticipated for the year B. Kings Area Rural Transit Established in June of 1980 under the direction of KCAPTA, the Kings Area Rural Transit (KART) is one of two public transit systems operated in Kings County (the City of Corcoran operates and manages its own intercity public transit). KART is currently managed and operated by a private firm, MV Transportation. All operating personnel (manager, dispatcher, mechanics, and drivers) are employees of MV Transportation. The KART system provides the majority of public transit services within Kings County, including connecting service to Amtrak San Joaquin intercity passenger rail service in Hanford and Corcoran and to thruway bus connection stops in Lemoore, NAS Lemoore, and Kettleman City. KART fixed route services consist of 18 routes provided within and between the city of Hanford and the communities of Armona, Laton, Stratford, and Kettleman City, to Lemoore Naval Air Station (LNAS), to the cities of Avenal, Corcoran, Lemoore, and to outside county areas of Fresno and Visalia. KART operating hours are Monday through Friday, 6:00 a.m. to 10:45 p.m. and on Saturday, 9:00 a.m. to 5:30 p.m., excluding major holidays. Paratransit services are only provided by KART to qualified disabled riders within the cities of Hanford, Lemoore, and the community of Armona with complementary service hours to the fixed route services. KART s current fleet includes 40 CNG and gas vehicles ranging in size from 4- to 33- passenger buses. This schedule results in an annual total of about 743,000 passenger trips for both fixed route and paratransit services, 55,000 vehicle revenue hours, and 833,000 vehicle revenue miles. C. KCAPTA Existing Facilities 1. KART Transfer Station The KART transfer station is currently located at 504 W. 7 th Street in Hanford. The transfer station provides 10 bus bays and 1 street-side bus shelter for commuter routes, an outdoor waiting area with seating, two public restrooms, a ticket booth, and a transit office. One kiosk for advertising is located onsite. Public parking aligns both sides of the property and bus traffic utilizes the same entrance on 7 th Street as well as a loop-around-the-block to the rear entrance on W. 8 th Street. The station sits west of the BNSF railroad track and the Amtrak Station. Located near an intersection of the BNSF railroad crossing, the KART

6 buses must exit the station into train and cross traffic, and buses must circle around the block to the rear entrance to enter the station to park in the bays and are subject to turning limitations. The transit station s parking lot is designed to allow visitor and employee parking with thru bus traffic, which impacts wheelchair and pedestrian accessibility and promotes congestion on the small lot. Pedestrians must cross the railroad tracks to transfer to the buses from the Amtrak station, which can impede the disabled wheelchair pedestrian s ability to travel with ease. With limited space on site, accommodations for public parking, pedestrian traffic, thru bus traffic, and passenger loading and unloading are inefficient to meet public safety and health concerns for over 2,000 daily visitors to the KART station. The waiting area is comprised of a limited number of outdoor benches located in the boarding areas. Without indoor waiting capabilities, passengers are susceptible to elements of extreme heat over 100 degrees during summer months with potential heat illness and colder temperatures in winter months. KART drivers and staff have limited office area within the onsite building and a small break room to serve over 50 employees. In recent years, the KART system has experienced growth in transit demand in the urbanized area of Hanford and Lemoore, in underserved areas in the northeast and southwest portions of Hanford, and in the rural community of Armona. KCAPTA has expanded transit services and fleet inventory accordingly. However, the existing transit station, constructed in 2009, is at capacity and has no room for expansion to accommodate an increase in buses. A myriad of issues have plagued the KART station, such as onsite congestion with traffic operations, safety problems, and public health concerns.

7 2. Administrative Office KCAPTA s administration office is located at 610 W. 7th Street in Hanford with administrative hours Monday-Friday, 8:00 a.m. to 5:00 p.m. KCAPTA acquired this site in 2015 to house its staff for administration and management, including the KART paratransit eligibility testing and rider training, and call center reservations and scheduling. 3. KART Maintenance Facility The KART bus maintenance facility is located at 629 W. Davis Street in Hanford, approximately 2/3 of a mile from the KART transit center. The site has a modular building for dispatch and the KART operation manager s office, and has recently been converted to a compressed natural gas (CNG) station with 14 fueling nozzles and 6 bays for maintenance repairs. The site is large enough to store buses and conduct its operations. IV. ENVISIONMENT OF MULTIMODAL TRANSIT CENTER The future transit center is envisioned to have an ideal location within the City of Hanford for a full-scale multimodal transit station for high activity as a regional destination for the cities, communities, and rural area residents of Kings County, and for travelers and commuters from outside areas. The transit facility is visualized to be a transfer station for pedestrian, bicycle, and transit systems to connect to downtown Hanford and potential rail station sites. The transit center will also serve to encourage economic development opportunities (public services, conference/public meeting center) through a vital civic space for connecting transit administration with public services and/or private businesses as a joint development component. The transit station will be comprised of multiple bus bays, including zero emission bus charging lines, a public indoor cooling/heating area, ticket and scheduling booths, several restrooms, bicycle sharing stations, taxi bays, potential electric vehicle charging stations, and sustainable non-transit uses (i.e. small public resource agencies, food vendors). Parking for the public would be off-site in downtown areas due to parcel limitations. The potential site should allow adequate internal and external circulation for buses and cross traffic by vehicles, pedestrians and bicyclists, for disabled visitors and passengers, and for employee parking with electric charging stations. The potential site must be located within reasonable distance of fixed route and paratransit corridors, and realignment of existing routes with minimal deviations and impacts to operational costs and system performance should be considered. The transit center should also be located where connectivity is possible to a potential future passenger rail site of the Cross Valley Rail Corridor station and to the proposed California High Speed Rail station east of central Hanford, in addition to the existing Hanford Amtrak station. Other transit services (Orange Belt and Greyhound bus lines, taxis) operate from the Amtrak station, so intermodal connection is vital to KART transfers.

8 The transit administration is desired to be located separate from the terminal building on the same site. KCAPTA envisions a multi-story building with administrative offices, boardrooms, employee parking, and amenities. A couple of scenarios are envisioned for the sharing of the administration building potentially with one or more of the following entities: Nonprofit government agencies, providing a public service center for areas of social services, employment, education, and/or health services. Locating transit near public services would have a positive impact on the system and would facilitate the coordination of public services, one of the main goals of the region s Social Service Transportation Action Plan; Private businesses. Private investment opportunities with joint development would enhance the local economy and vitality of downtown Hanford and will serve in meeting smart growth and sustainable community objectives within the City s Downtown East Precise Plan and General Plan. The potential to integrate the transit facility with joint development would support the transit center s success by providing a destination activity center for the public where services and public meeting locations are centralized with the convenience of transit accessibility. By leveraging the project with state and/or federal funds, overall costs of the facility would be reduced which would attract tenants and provide a source for revenue generation or public partnership/private investments. The preferred site should have sufficient size for joint development. The Site Study should provide a funding and implementation plan for the development and construction of the future multimodal transit center. The potential site may be located where coordination with the City of Hanford s development initiatives may occur. The Site Study should include options for linking development for economic purposes. All potential transit center sites developed within the Site Study should be analyzed for location within City of Hanford zones allowing both transit stations and governmental office uses. Development of the multimodal transit center and potential shared services center must meet the objectives of the City of Hanford s General Plan and Zoning Ordinance and any applicable laws, and support regional goals as established by the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS) and the Kings County Regional Active Transportation Plan (ATP), which include but are not limited to: Improve air quality and reduce greenhouse gas emission by minimizing traffic and pollution impacts per federal law (AB 32, SB 375); Establish/promote intermodal connectivity to passenger rail (Amtrak, potential Cross Valley Rail Transit station, California High Speed Rail station); Promote active transportation with walkability and bicycling (SB 99); Promote integration of local land use and transportation planning;

9 Promote transit oriented development (TOD) to minimize traffic and pollution impacts and encourage walking and transit use, and conserve resources and open space; Support economic development with local City and County services. V. SCOPE OF WORK The Transit Station Site Selection Study will be presented in one integrated document with chapters addressing each process or criteria, with analyses of sites and issues within the select study area. The Scope of Work should include, but is not limited to: Review existing KART services, transit development plans, and KCAPTA capital improvement programs Determine future operational and capital needs for the multimodal transit center and administration building with joint development potential Identify opportunities for inclusion and provision of facilities for transit-dependent services and revenue generating services, including potential to integrate publicprivate joint development opportunities Review County and City General Plans, zoning maps, applicable plans, California High Speed Rail station and Cross Valley Rail plans Establish selection criteria, identify and evaluate candidate sites and property parcels within the study area that could accommodate the transit station site requirements in addition to administration facilities and possible non-transit uses Encourage economic development opportunities through community-based planning and design of public spaces Gather and conduct stakeholder group session for public feedback in the evaluation of candidate sites Develop Conceptual designs that incorporate green building strategies and include aesthetic qualities (enhances surroundings, scaled accordingly, represents Hanford s historic architecture); overall site circulation and access; bus bays; drop-off zones for vehicles and paratransit vehicles; pedestrian-scale design; bicycle traffic; safety and security; zoning compliance; ADA compliance; pedestrian/bikeways; eco landscaping; open areas; and expansion capabilities Conceptual designs should be designed to accommodate future modification for alternate transportation needs (shared cars, electric cars, taxis, car rental, bicycle parking/racks/lockers/rental); and, to incorporate detailed analysis and feedback of community engagement Conceptual designs should include personnel and functions of transit services, footprint size of buildings and separate areas, equipment and special requirements (capacity, handicap accessibility, security, etc.) and possible non-transit uses Develop planning-level construction cost estimates Develop funding and implementation plan for future multimodal transit center with potential joint development that can leverage state and federal funds

10 Prepare administrative draft of the KART Transit Station Site Selection Study for review and comment to KCAPTA and KCAG Review administrative draft comments, revise and prepare draft of the KART Transit Station Site Selection Study for public review and comment Review public comments on draft KART Transit Station Site Selection Study and prepare final KART Transit Station Site Selection Study and present to KCAPTA VI. AVAILABLE RESOURCES The following background, resource, and reference information material is available for use by consultants for the preparation of the KART Station Site Selection Study. KCAG resource documents can be found on the KCAG website at KCAG staff will work with the selected consultant to integrate key existing resources as part of this effort. Legislative Actions: SB 375, Transportation Planning: Sustainable Communities Strategy AB 32, California Global Warming Solutions Act of 2006 SB 325, Transportation Development Act of 1971 American Disabilities Act of 1990 KCAG Resources: 2014 Kings County Regional Transportation Plan/Sustainable Communities Strategy 2015 KCAG Transit Development Plan/Social Service Transportation Action Plan 2016 KART Marketing Plan Publications, Briefs, and Guidance: California Transportation Commission Active Transportation Program (ATP) Draft California State Bicycle and Pedestrian Plan: Toward an Active California Guide for Geometric Design of Transit Facilities on Highways and Streets Plug-In Electric Vehicle (PEV) Readiness Plan Kings Area Rural Transit Rider s Guide Kings Area Rural Transit Paratransit Guide California High Speed Rail Hanford Station

11 Cross Valley Rail Corridor San Joaquin Valley Amtrak City of Hanford General Plan, Zoning Ordinance, Downtown East Precise Plan, Architectural Design Guideline, Airport Master Plan, Pedestrian & Bicycle Plan Kings County General Plan and related planning documents California Climate Investments funded by Cap-and-Trade Program VII. REQUIRED DELIVERABLES The consultant must provide four copies and one electronic copy of the administrative draft and subsequent public draft reports to KCAG for review and comment prior to finalization. The administrative draft report must address each of the project requirements outlined herein, and must be delivered no later than Friday, April 6, After public review and comment of the public draft document, the consultant must prepare a final document and should be prepared to make oral presentations of the final report to the Kings County Area Public Transit Agency Board and the KCAG Transportation Policy Committee during the month of May The consultant must deliver eight bound copies, one unbound copy, and one electronic copy of the final written reports to the Executive Director of KCAG by Friday, June 8, VIII. CONSULTANT SELECTION SCHEDULE AND PROJECT TIMELINE Request for Proposals Distributed... August 8, 2017 Proposals Due to KCAG... September 6, 2017 Consultant Interviews (if needed)... September 11-15, 2017 KCAG to Select Consultant (estimated)... September 27, 2017 Contract Approval and Notice to Proceed (estimated)... October 4, 2017 Consultant Submittal of Administrative Draft Product... April 6, 2018 Consultant Submittal of Public Draft Product... April 20, 2018 Consultant Submittal of Final Products... May 16, 2018 KCAG and KCAPTA Approval of Final Products... May 23, 2018

12 IX. CONTACT PERSON Prospective proposers shall direct any questions concerning this project to: Teresa Nickell, Regional Planner Kings County Association of Governments 339 W. D Street, Suite B Lemoore, CA PH (559) FAX (559) teresa.nickell@co.kings.ca.us X. PROPOSAL SUBMITTAL REQUIREMENTS Proposers must submit five hard copies and one electronic copy of their proposal. 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., Wednesday, September 6, KCAG has no authority to accept proposals submitted after the time and date. Postmarks, submittals, and faxes will not be accepted in lieu of this requirement. XI. BUDGET A total of $150,000 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 KCAG 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 design, ADA compliance, 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.

13 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 later, during the week of September 11, 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 Thoroughness of Proposal Meeting Objectives of RFP Consultant Qualifications Prior Relevant Experience Qualifications and Commitment of Staff References... 5 DBE Participation Level... 5 Cost Reasonableness of Cost Total 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.

14 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.

15 10. Disadvantaged Business Enterprise 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. Caltrans has established a new DBE goal of 4.8 percent for FFY , of which 3.7 percent is to be obtained through Race-Neutral Measures and 1.1 percent is to be obtained through Race-Conscious Measures. Therefore, a separate contract goal may be assigned on future procurements. A DBE Participation Form is provided in Appendix B of this RFP. 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. In no event will the cost of this contract exceed $150,000. 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. 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

16 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 September 2017 meeting. The execution of the contract and notice to proceed should take place by October 4, 2017.

17 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. 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 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 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

18 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 DOTassisted 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 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 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 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.

19 XVIII. 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.

20 APPENDIX A

21 Kings County KART System Area Map

22 Not to Scale City of Hanford Downtown Area

23 Not to Scale Existing KART / Amtrak Stations

24 Not to Scale Proposed High Speed Rail Station Site

25 APPENDIX B

26 DBE PARTICIPATION The following stated percent (%) of total cost that will be compensation paid to DBE firms. % DBE Participation: DBE Company: Address: The undersigned hereby certifies that the foregoing statements and information are true and correct. Date: Name of Contractor: By: Title: