REQUEST FOR PROPOSAL Interregional Transportation Demand Management Action Plan

Transcription

1 REQUEST FOR PROPOSAL Interregional Transportation Demand Management Action Plan DATE ISSUED: October 10, 2013 RESPONSES DUE: CONTACT PERSON: October 31, 2013 at 4:00 p.m. Anthony Zepeda Associate Regional Planner PHONE: (209) REGULAR MAIL \ EXPRESS MAIL \ HAND DELIVERY San Joaquin Council of Governments 555 East Weber Avenue Stockton, CA SAN JOAQUIN COUNCIL OF GOVERNMENTS SACRAMENTO AREA COUNCIL OF GOVERNMENTS

2 TABLE OF CONTENTS INTRODUCTION & PROJECT NEED 1 SCOPE OF WORK 3 PROJECT SCHEDULE 6 SUBMITTAL FORMAT 6 RFP SCHEDULE 9 SUBMITTAL PROCESS 9 SELECTION PROCESS/CONTRACT AWARD 12 PROPOSAL SCORING 13 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY 13 CONTRACT PROVISIONS 15 QUESTIONS 16

3 INTRODUCTION The San Joaquin Council of Governments (SJCOG) is a Joint Powers Authority comprised of the County of San Joaquin and the Cities of Stockton, Lodi, Manteca, Tracy, Ripon, Escalon, and Lathrop. SJCOG serves as the Regional Transportation Planning Agency (RTPA), the Local Transportation Authority, the Metropolitan Planning Organization (MPO), the Airport Land Use Commission, and the Congestion Management Agency (CMA). The Sacramento Area Council of Governments (SACOG) is an association of local governments in the six county Sacramento Region. Its members include the Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba, as well as the Cities of Auburn, Citrus Heights, Colfax, Davis, Elk Grove, Folsom, Galt, Isleton, Lincoln, Live Oak, Marysville, Placerville, Rancho Cordova, Rocklin, Roseville, Sacramento, West Sacramento, Wheatland, Winters, Woodland, Yuba City; and the town of Loomis. SACOG s various designations include the Regional Transportation Planning Agency (RTPA), the Metropolitan Planning Organization (MPO), the Airport Land Use Commission, and the Capitol Valley Service Authority for Freeways and Expressways (CVRS). SJCOG and SACOG are working in partnership to develop an Interregional Travel Demand Management Action Plan. The project will identify and define Travel Demand Management (TDM) strategies to assist both agencies in the implementation of their Regional Transportation Plans and Sustainable Communities Strategies. A consulting firm will be hired to produce the majority of the analysis and to develop the TDM Action Plan and supporting deliverables. A Project Steering Committee, comprised of planning personnel from SJCOG and SACOG, member jurisdictions, and stakeholders will be active in reviewing the development of the TDM Action Plan. SJCOG will serve as the lead agency for this project. PROJECT NEED This project will address the approximately 50 miles of the I 5 and SR 99 corridors between the City of Stockton in San Joaquin County and the City of Sacramento in Sacramento County. These two corridors support 98% of the north/south vehicle trips between the two regions. Between the San Joaquin County and Sacramento County regions, both the I 5 and SR 99 corridors are used extensively for commuting to work. Northbound traffic during the AM peak hours operates at a Level of Service (LOS) D on the four lane portion of both highways. Once this traffic merges with the localized commute in the Sacramento region, the roadways degrade to an LOS of E or F. The operational condition is reversed during the Southbound PM peak hour traffic. As a result, this condition negatively impacts the regions ability to meet air quality and greenhouse emissions targets; employee productivity and quality of life for the regions 1

4 residents; and freight and goods movement, especially during prime agricultural seasons when crops travel between farms, markets, and processors. Even though some strategic corridor improvements are planned, as population growth continues in both counties, vehicles miles traveled are expected to grow as well, which will serve to increase traffic congestion on both corridors. Thus, there is a need to develop effective interregional TDM strategies that will reduce current and future interregional capacity demands on the I 5 and SR 99 corridors, and will preserve and improve system operations for local and regional travel and commerce. Request for Proposal SJCOG is seeking proposals from qualified firms to assist with the development and preparation of an Interregional Transportation Demand Management Action Plan that will address commute related congestion between Sacramento and San Joaquin Counties, and help to reduce immediate and future interregional capacity demands, particularly in the I 5 and SR 99 corridors. The final work product will be an Interregional TDM Action Plan that can be coordinated and implemented between the two regions in order to improve system operations on both corridors. The work product will involve documenting project efforts in an Executive Summary, Technical Report, and an Interregional TDM Action Plan. A further description of project work products is included in the Scope of Work section of this RFP. The final work product will not only help SACOG and SJCOG with developing TDM strategies for the I 5 and SR 99 corridors, but will also provide a model for TDM strategies to address other corridors within the region and statewide, as well as support the California Department of Transportation Interregional Blueprint and Corridor System Management Plans. The final product will also be aligned with Federal Transportation Planning Goals. Project Initiation Prior to executing a contract, SJCOG and SACOG staff will meet with consultant team to review project parameters, clarify team roles and project expectations, develop project reporting protocols, and review project schedule and key deliverables. In addition to familiarizing the consultant team with the key stakeholders and issues, the primary goal of this task is to finalize the scope of work and contract. The consultant team will also use this opportunity to gather and review existing documents and other pertinent information. The outcome of this task will establish the final scope of work and lead to an executed contract. 2

5 SCOPE OF WORK The following scope of work outlines the project tasks that will need to be completed for the Interregional TDM Action Plan. Throughout the project, SJCOG and SACOG will work together to support the development of the TDM Action Plan. The project will be performed in coordination with a Project Steering Committee (PSC) committee comprised of planning personnel from SJCOG and SACOG, member jurisdictions, and stakeholders. The PSC will be active in reviewing the work plan, project deliverables, defining TDM opportunities and reviewing and critiquing project reports. Overall Project Objectives Identify near term demand characteristics for work related commute travel between the regions. Develop a strategic vision to address future transportation needs. Assess costs and benefits and implementation issues for different potential demand management and investment strategies to address interregional commute travel. Assess a range of policy issues, with particular focus on the issues of financing and institutional alternatives. Conduct a commuter survey and stakeholder public outreach to identify existing travel behavior, commute travel origins and destinations, and TDM opportunities/strategies. Engage a diverse group of stakeholders in the public outreach and development of the TDM Action Plan, including but not limited to employers, public agencies, Transportation Management Agencies, Transit providers, commuters, and underrepresented groups (i.e., traditionally transit dependent populations: low income, elderly, and youth). Evaluate multi modal connections and access to enhance efficiency of existing transportation system. Develop an Interregional TDM Action Plan for coordinated use by SJCOG and SACOG, Transportation Management Agencies (TMAs), and related stakeholders. Identify tools, incentives, and resources for stakeholders to implement TDM Action Plan. Assess existing policies and ordinances that may affect TDM implementation (i.e., San Joaquin Valley Air Pollution Control District Rule 9410). Compile results in an Executive Summary and Technical Report explaining the strategic basis of the TDM Implementation strategies and policies for review and consideration for adoption by the regions governing boards. 3

6 Document Existing Conditions Considerations to be addressed with SJCOG and SACOG staff and PSC for this task include, but are not necessarily limited to the following: Collate information on existing interregional operational conditions on I 5 and SR 99 using available data and statistics, surveys, existing goals / objectives / performance measures, reports and other documents. Reference and use information and data from existing Corridor System Management Plans (CSMP) and Regional / Interregional Blueprint efforts Document existing travel demand and patterns using regional transportation models, HPMS, state data, private sources, etc. To the extent possible, develop profiles or patterns of travel based on major functions by length, mode and purpose. Inventory and document existing TDM strategies being employed to address commute travel on these corridors. Review and document previous regional planning efforts in the SACOG & SJCOG regions Develop and conduct new commuter survey, individual meetings, interviews, focus groups and/or workshops with employees and stakeholders to understand current travel behavior, the effect of recent fuel price increases, and TDM strategies likely to be most effective in encouraging commuters to shift modes from solo driving for at least some of their commute trips. This includes the research and analysis of the commuting public with origins and destinations from underrepresented communities within the project s footprint representing varying ethnic backgrounds. Identify TDM/Multimodal Service Strategies Develop draft interregional vision statement in conjunction with PSC to develop a uniform vision for addressing the spectrum of interdependent transportation issues. Based on underlying demographic and economic drivers, develop a plausible range of travel demand management opportunities. The identification of opportunities will consider factors such as origin/destination activity in the regions, saturation of car ownership, alternative modes, fuel costs, and the environment. Examine other sources of travel demand variables such as those based on Regional Transportation Plans, growth/land use patterns in Sustainable Community Strategies, and expectations derived from Regional Blueprints. Develop alternative strategies to assess alternative combinations of TDM opportunities, such as transit oriented development, public transit services, ride sharing, vanpooling, incentive programs, workplace car sharing/concierges/mobile services, telecommuting, etc., including a first order estimation of costs, and a qualitative and first order quantitative analysis of benefits and beneficiaries. 4

7 Develop considerations of demographic and corridor utility for future transportation demand in the regions; review with PSC. Assess and Select Preferred Strategies Review strategies and anticipated outcomes with the PSC and stakeholders to identify the draft Interregional TDM Action Plan strategies that support the greatest near and long term potential for congestion relief, operational capacity, GHG emission reductions, air quality, energy conservation, and other environmental benefits. Assess with the PSC and stakeholders challenges to implementing strategies, including costs, modal and intermodal challenges, financing, public private role considerations, multiregional institutional roles, and technology needs. Develop Interregional TDM Action Plan The consultant will work with SJCOG / SACOG and PSC to identify recommendations for a final Interregional TDM Action Plan. Assess and document a range of potential interregional implementation issues and options, including: o Strengths and challenges in the emerging competitive environment. o Priorities and costs for short and long term corridor TDM strategies. o The role of technology in the regions future. o Potential for expanded public and private transportation options. o Acceptability of pricing as a congestion management tool. o Role of COGs, TMAs, employers, and other stakeholders in interregional TDM strategies. o Implications of future Federal surface transportation program authorizations for funding support. o Institutional considerations, including multi region efforts, public private partnership opportunities, etc. Complete a TDM Action Plan, an Executive Summary, and a Technical Report. Establish foundation for interregional coordination for implementation of TDM Action Plan. 5

8 Final Report The consultant will prepare and present a draft final report for review to SJCOG / SACOG staff and PSC. The report will be developed in conjunction with the PSC. The consultant will present the final report to the appropriate SJCOG and SACOG committees and governing boards for review and consideration for adoption. Develop staff reports and presentation materials for SJCOG and SACOG Boards (e.g., Power Point presentation, maps, and supporting documentation). Project Meetings Throughout the contract term, the consultant will be expected to conduct and facilitate all meetings necessary with the PSC and to make the final report presentations to the SJCOG and SACOG Board of Directors. PROJECT SCHEDULE The final report for the project is expected to be completed by May 30, The intent is for the project scope of work and consultant contract to be finalized by December 13, Project work is anticipated to begin December 16, SUBMITTAL FORMAT Proposal content and completeness are important. Clarity and conciseness will be considered in assessing the proposal. A consultant selection committee will screen all consultant proposals submitted in response to this request. The committee will determine, through the screening process, which consultants will be invited to make formal presentations and be interviewed by the selection committee. The consultant selection committee reserves the right to make a final selection for recommendation to the SJCOG Board of Directors without an interview. Submittal Requirements: One (1) reproducible, one (1) digital, and seven (7) bound copies of the proposal must be received at SJCOG by 4:00 p.m. on October 31, Proposals not received by that date and time will not be considered. Faxes, e mail, or postmarks will not be accepted. 6

9 SJCOG is looking to simplify the review process and maximize the degree of comparative analysis. The proposal is strongly encouraged (not mandatory) to be no longer than 20 singlesided pages, excluding transmittal letter, table of contents and staff resumes, and organized in the following manner: A) Transmittal letter: The transmittal letter should be signed by an official authorized to bind the consultant contractually and will contain a statement to that the proposal is a firm offer for ninety (90) days. The letter accompanying the proposal will also provide the following: name, title, address, and telephone of individuals with the authority to negotiate and contractually bind the company. B) Overview: This section should clearly convey the consultant's understanding of the nature of the work and the general approach to be taken in its performance. This section should include, but not be limited to, a discussion of the purpose of the project, the organization of the project effort, and a summary of the proposed approach. C) Table of Contents: Include identification of the material by section and page number. D) Detailed Work Plan: This section should include the following components: Task Description: Include a full description of each step to be followed in carrying out the project. The work description should be presented in sufficient detail (tasks, subtasks, etc) to show a clear understanding of the work and the proposed approach. Deliverables: A description of the format, content, and level of detail that can be expected for each deliverable. Schedule: A schedule showing the expected sequence of tasks, subtasks, etc. should accompany the work description. Important milestones should be identified on the schedule along with the expected time of completion. The schedule should be consistent with a May 30, 2014 final report deadline. Management Approach: This section should describe the consultant s management approach. If this proposal is a team effort, the distribution of work among the team members should be indicated. Describe the organization of the management team, the structure of the work assignments, and any specific features of the management approach that requires special explanation. Designate by name the project manager to be employed who will oversee the project. Substitutions of the identified project 7

10 manager will be allowed only under special circumstances and only with approval from the SJCOG project manager. Qualifications: Include the name and qualifications of all professional personnel to be employed, a resume for each professional (included in an appendix), a statement indicating how many hours each professional will be assigned to the contract, and what tasks each professional will perform. Staffing assignments should be specific enough to demonstrate an understanding of the skills required to conduct the study, and the appropriate commitment of proper resources. This item includes qualifications of any sub consultants to be retained to carry out this project. The selected consultant will not substitute members of the project team without prior approval of the SJCOG project manager. E) Budget and Cost Breakdown: The budget for this project is One Hundred and Thirty Five Thousand ($135,000). The cost breakdown must itemize all items that will be charged to SJCOG, including travel charges that will be involved in the study, and included in the bid amount. Costs will be segregated to show actual salary costs including hours, rates, classifications, and administrative overhead and fringe benefits expenses. No sub consultant or direct charge mark up will be accepted. This section should also provide a full description of the expected expenditures of funds for the work described in this RFP. The cost breakdown should include, but is not limited to, the following: Billing Rates: A schedule of billing rates by category of employee, to be used in computing the billing cost during the term of the contract. Billing rates should cover all costs associated with the employee. Task Budget: A schedule of estimated costs to complete each task should add down to the total cost of the project. The task budget should include a breakdown by task hours, billing rate charges, and the itemization of other direct costs attributed to the task. To ensure a full understanding of the resources committed to the project, the schedule should clearly indicate the amount of hours key personnel will be used in each task. Direct Costs: All direct costs (e.g., travel, printing, postage) specifically attributed to the project and not included in the billing rates must be identified to be eligible for reimbursement. Mileage reimbursement is not to exceed IRS published rates for the particular time period. Once contractually authorized, direct cost budgets may not be substituted without prior written consent of the SJCOG project manager. 8

11 F) References: Provide a description of previous projects that significantly relate to your qualifications for this project. Provide names, addresses, and telephone numbers for a least three clients for whom your firm provided services comparable to those described in this RFP. RFP SCHEDULE Task Date RFP Distributed to Consultants October 10, 2013 Proposals Due to SJCOG by 4:00PM October 31, 2013 Proposal Review is Completed by SJCOG/SACOG November 6, 2013 *Tentative Date of Interviews (if necessary) November 12 13, 2013 SJCOG Board Approval of Professional Services November 21, 2013 Agreement Finalize Scope of Work and Contract December 13, 2013 Begin Work December 16, 2013 Complete Work per Scope and Contract May 30, 2014 * The consultant selection committee will screen all consultant proposals submitted in response to this request. The committee will determine, through the screening process, which consultants will be invited to make formal presentations and be interviewed by the selection committee. The consultant selection committee reserves the right to make a final selection for recommendation to the SJCOG Board of Directors without an interview. SUBMITTAL PROCESS Submission of Proposal/Period of Acceptance One (1) reproducible master, one (1) electronic, and seven (7) hard copies of all proposals must be delivered to SJCOG no later than 4:00 p.m., Pacific Standard Time on October 31, Proposals will not be accepted after 4:00 p.m. PST. Faxes, e mails, or postmarks will not be accepted. Proposals must be delivered to: San Joaquin Council of Governments ATTN: Rebecca Calija AZ RFP 555 East Weber Avenue Stockton, CA

12 All proposals shall remain valid for a period of ninety (90) days following the final date for submission. All proposals will become the sole property of SJCOG and a part of its official records without obligation on the part of SJCOG. This RFP is not to be construed as a contract of commitment on the part of SJCOG. SJCOG reserves the right to reject all proposals, to seek additional information from each proposer, or to issue another RFP, if deemed appropriate. Proposals are prepared at the sole cost of the consultant. Examination of RFP Document The proposer shall be solely responsible for examining, with appropriate care, the RFP, including any addenda issued during the proposal period. The proposer shall also be responsible for informing itself with respect to any and all conditions that may in any way affect the amount or nature of the proposal or the performance of the work in the event the proposer is selected. Failure of the proposer to examine and inform itself in this manner shall be at the proposer s own risk and no relief for error or omission shall be given. Conflict of Interest The prospective consultant shall disclose any financial, business, or other relationship with SJCOG that may have an outcome on the selection. Signing of Proposal/Authorization to Negotiate The proposal shall be signed by an official authorized to bind the proposer and shall contain a statement to the effect that the proposal is a firm offer for a 90 day period. The proposal shall also provide the following: name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the company. Modification or Withdrawal of Proposals Any proposal received before the date and time specified above for receipt of proposals may be withdrawn or modified by written request of the proposer. To be considered, however, the modified proposal must be received by the proposal due date and time specified previously. All verbal modifications to these conditions or provisions are ineffective for proposal evaluation purposes. Only written changes issued by proposers to SJCOG are authorized and binding. Rejection of Proposals Failure to meet the requirements for the RFP will be cause for rejection of the proposal. SJCOG may reject any proposal if it is conditional, incomplete, or contains irregularities or inordinately high cost rates. SJCOG may waive an immaterial deviation in a proposal. Waiver of an 10

13 immaterial deviation shall in no way modify the Request for Proposals document or excuse the proposer from full compliance with the contract requirements if the proposer is awarded the contract. Ineligible Bidders Each consultant must certify that it is not included on the U.S. Comptroller General s Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions. SJCOG Rights SJCOG may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the work described in the RFP. SJCOG reserves the right to: Reject any or all of the proposals if it deems such action is in the public interest; Issue subsequent Requests for Proposals; Cancel the entire Requests for Proposal; Remedy technical errors in the Request for Proposals process; Appoint an evaluation committee to review the proposals; Seek the assistance of outside technical experts in proposal evaluation; Approve or disapprove the use of particular subcontractors; Establish a short list of proposers eligible for interviews after review of written proposals; Negotiate with some, all, or none of the respondents to the RFP; Solicit best and final offers from all or some of the proposers; Award a contract to one or more proposers; Accept an offer other than the lowest price offer; and Waive informalities and irregularities in proposals and the bid process. This RFP does not commit SJCOG to enter into a contract, nor does it obligate SJCOG to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. All proposals will be subject to public disclosure as required by the California Public Records Act. SJCOG reserves the right to investigate the qualifications of all firms under consideration to confirm any part of the information furnished by a proposer, or to require other evidence of managerial, financial, or other capabilities that are considered necessary for the successful performance of the contract. 11

14 Proposer Objections A proposer may object to any of the terms or provisions set forth in the RFP s Scope of Work or to the selection of a particular proposer on the grounds that SJCOG s procedures, the provisions of this RFP, or applicable provisions of federal, state, or local law have been violated or inaccurately or inappropriately applied by submitting a written explanation of the basis for the objection. Deadlines for submittal of objections are: No later than one (1) week prior to the date proposals are due, for objections to RFP provisions; or Within three (3) working days after the date on which contract award is authorized or the date the proposer is notified that it was not selected, whichever is later, for objections to proposer selection process. If the proposer does not state any objections, SJCOG will assume that the RFP scope of service are acceptable to the proposer and have been fully factored into its response. If the proposer intends to negotiate with SJCOG concerning any part of the scope of services that the proposer finds objectionable, the proposer must provide specific language in its response that will address or cure its objections. SELECTION PROCESS/CONTRACT AWARD SJCOG will evaluate all eligible proposal submittals. Submittals will be judged on the following: 1. Familiarity and prior experience with similar projects, particularly in California; 2. Level of ability and creativity in addressing the scope; 3. Ability to work and build consensus with SJCOG/SACOG staff, jurisdiction and agency staff, Transportation Management Agencies (TMAs), and a diverse group of stakeholders; 4. Experience with TDM Plan development and implementation, travel and commuter surveys, stakeholder outreach, Regional Transportation Plans, Congestion Management Programs, Federal and State Transportation Funding Programs, and Interregional Corridor Mobility Management; 5. Cost effectiveness of proposal; and 6. Strength of project team. It should be noted that proposals will not be judged exclusively on any one of the above criteria. Only those firms judged most qualified, based on their qualifications and proposal, will be invited to participate in the remainder of the selection process. Upon the completion of the 12

15 evaluation of the proposal; SJCOG may invite a limited number of qualified firms, to participate in oral interviews. SJCOG will then select the most responsive firm with which to refine the Scope of Work. Assuming a successful negotiation process, the SJCOG Board will approve the selected consultant. If for any reason negotiations are unsuccessful, the second most qualified firm will be asked to refine the Scope of Work. PROPOSAL SCORING Criteria Category Written Proposal: Comprehension of the Project Thoroughness of Proposal/Meeting the RFP Objectives Qualifications & Experience of Team Project Budget and Delivery Time References Points 100 total 0 20 points possible 0 35 points possible 0 25 points possible 0 10 points possible 0 10 points possible Oral Interview 40 total 0 40 points possible Maximum Total Score (Written + Oral) 140 The actual award of the contract will be by the SJCOG. Proposal opening does not constitute the awarding of a contract. The contract is not in force until it is awarded and executed by the SJCOG Board identified SJCOG designees. DISADVANTAGED BUSINESS ENTERPRISE (DBE) As SJCOG will utilize Federal Partnership Planning TDM financial assistance to fund this procurement from the U.S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans) this procurement is subject to Caltrans regulations in accordance with Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance programs. This project is subject to race neutral DBE requirements. Please refer to the following website for FTA DBE guidance. The inclusion of a Disadvantaged Business Enterprise firm on the consultant team should be noted by name of firm and amount of budget expenditure for that firm. 13

16 A. Agreement Assurance DBE regulations require the following assurance statement in every DOT assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, disability, 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. The contractor will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing the accomplishment of the objectives of the Caltrans DBE Program Plan with respect to individuals of particular race, color, sex, disability, or national origin. 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. Nondiscrimination: The Authority will never exclude any person from participation in, deny any person the benefit of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. The Authority will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing the accomplishment of the objectives of the Caltrans DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin Audits At any time during normal business hours, and as often as SJCOG may deem necessary, Consultant shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, material, payrolls, personnel records, conditions of employment and other data relating to all matters covered by this Agreement. Such records shall be retained and access to the facilities and premises of Consultant shall be made available during the period of performance of this Agreement, and for three years after SJCOG makes final payment under this Agreement. Title VI of the Civil Rights Act of 1964: The selected consultant agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part

17 CONTRACT PROVISIONS Insurance Requirements: Without limiting SJCOG s right to obtain indemnification from the consultant or any third parties, the selected consultant, at its sole expense, shall maintain in full force and affect the following insurance policies throughout the term of the contract. 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 SJCOG, its 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 SJCOG, its officers, agents, and employees, shall be given excess only and not contributing with insurance provided under the Contractor s policies herein. 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. Professional liability insurance of at least $1,000,000 is required. Worker s compensation insurance is also required by law. This insurance shall not be canceled or changed without a minimum of thirty (30) days advance written notice given to SJCOG. The selected consultant shall provide certification of said insurance to SJCOG within twenty one (21) days of the date of the execution of the contract. Such certification shall show, to SJCOG s satisfaction, that such insurance coverage s have been obtained and are in full force; that SJCOG, its officers, agents, and employees will not be responsible for any premiums on the policies; that as and if required such insurance names SJCOG, its 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 SJCOG, its officer, agents, and employees, shall be excess only and not contributing with insurance provided under the consultant 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 SJCOG. In the event the selected consultant fails to keep in effect at all times insurance coverage as herein provided, SJCOG may, in addition to other remedies it may have, suspend or terminate the contract upon the occurrence of such event. Contract Assurance: DBE regulations require the following contract assurance statement in every DOT assisted contract and subcontract: "The contractor or subcontractor shall not 15

18 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: Prompt Progress Payment to Subcontractors SJCOG requires contractors and subcontractors to be timely paid as set forth 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 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 Section shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non DBE subcontractors. Prompt Payment of Withheld Funds to Subcontractors SJCOG requires prompt and full payment of retainage from the prime contractor to the subcontractor within thirty (30) days after the subcontractor s work is satisfactorily completed and accepted. This shall be accompanied with the following provisions: 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 all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or Subcontractor in the event of a dispute involving late payment or nonpayment by the Consultant, deficient subcontractor performance, and/or noncompliance by a Subcontractor. This clause applies to both DBE and non DBE Subcontractors 16

19 Method of Payment: Payment to the selected consultant will be made upon successful completion of project tasks as invoiced by the consultant. Ten (10%) percent of the invoiced amount will be reserved, and will be paid to the consultant upon successful completion of the entire project. QUESTIONS All questions regarding the RFP must be received in writing via no later than October 18, 2013 and addressed to: Anthony Zepeda San Joaquin Council of Governments Responses to questions will be ed to all recipients of the RFP. 17