536942v1
CONTACT PERSON:
[email protected]
(559) 621-1408
Request for Proposals (RFP) for:
Professional Consultant Services for a Transit On-Demand Feasibility Study
RFP No. 12600257
Submission Deadline:
Thursday, September 4, 2025, 5:00 PM
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
2 City of Fresno
Proposal Specifications
Table of Contents
I – INTRODUCTION ............................................................................................................ 3 INSTRUCTIONS TO PROPOSERS ................................................................................ 5 II – PROPOSAL AND CONTRACT DOCUMENTS ............................................................ 9 CHECK LIST ................................................................................................................. 10 COST PROPOSAL ........................................................................................................ 11 PROPOSER QUALIFICATION QUESTIONNAIRE ....................................................... 12 REFERENCES .............................................................................................................. 14 STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION ................................... 15 DISCLOSURE OF CONFLICT OF INTEREST .............................................................. 16 SIGNATURE PAGE ....................................................................................................... 17 SAMPLE SERVICE CONTRACT ................................................................................... 20 III – GENERAL CONDITIONS .......................................................................................... 22 IV – SPECIAL CONDITIONS ............................................................................................ 28 V – INSURANCE REQUIREMENTS ................................................................................. 32 VI – SCOPE OF WORK .................................................................................................... 37
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
3 I – INTRODUCTION
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
4 NOTICE INVITING PROPOSALS
Electronic proposals will be received via Planet Bids all in accordance with the Specifications for:
Request for Proposals for Professional Consultant Services for Feasibility Study Request for Proposals No. 12600257
The City of Fresno Department of Transportation/FAX (hereinafter “FAX”) is soliciting proposals from qualified professional consultants for a feasibility study . The Contract shall be in effect for one (1) year from the date of the Notice to Proceed. The Contract may be extended in accordance with the provisions set forth in these Specifications.
The RFP forms, Instructions to Proposers, copies of plans and/or specifications may be obtained from the Office of the Project Manager (phone 559 621-1408) or via the City’s web site: http://www.fresno.gov, “Business”, “Doing Business”, “Bid Opportunities”.
Proposals must be submitted electronically via Planet Bids.
Proposals are to be submitted electronically using Planet Bids prior to the due date and time of 5 p.m., Thursday, September 4, 2025.
The City of Fresno hereby notifies all Proposers that no person shall be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law.
Please contact the Project Manager, Richard Baldon, listed on the cover at 559- 621-1408 or [email protected].
The City of Fresno reserves the right to reject any and all proposals at its sole discretion.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
5 INSTRUCTIONS TO PROPOSERS
General
No proposal will be considered for award unless it is submitted on the proposal forms furnished by the Project Manager, completely filled out, properly signed by the Proposer and submitted electronically via Planet Bids before the date and time specified in the Notice Inviting Proposals. The time clock on Planet Bids will be the official clock for documenting the time of filing. Electronically filed is defined as by means of electronic equipment or devices.
The City will award a Contract or reject any or all proposals within the time stated in the Specifications, and no proposal may be withdrawn within that period of time. Any award of a Contract exceeding $100,000, shall be subject to the approval of the City Council.
The City reserves the right to reject any and all proposals.
Submittal of Proposal
Each Proposer shall carefully examine each and every term of this Request for Proposal s; and each Proposer shall judge all the circumstances and conditions affecting its proposal. Failure on the part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Proposer did not understand the conditions of this Request for Proposals.
The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter promulgated, which apply to the services and products herein specified.
This solicitation for proposals does not commit the City of Fresno to enter into a Contract or to pay any costs incurred in the preparation of responses to the request. The City of Fresno reserves the right to accept or reject any proposals, and to negotiate with any qualified source, or to cancel in part or in its entirety this Request for Proposals. It may accept the proposal that it considers to be in the interest of the City of Fresno, with or without negotiation.
The City reserves the right to waive any informality or minor irregularity when it is in the best interest of the City to do so, to negotiate for the modification of any proposal with mutual consent of the Proposer, to re-advertise for proposals if desired, and to accept the proposal which in the judgment of the City, even though it does not offer the lowest cost, is nevertheless deemed to offer the best value for the public and City. Any proposal which is incomplete, conditional, obscure, or which contains irregularities of any kind, may be cause for rejection.
Americans with Disabilities Act
Accessibility Requirements: Supplier warrants that it complies with California and federal disabilities laws and regulations; and the Services will conform to the accessibility requirements of WCAG 2.0AA.
Supplier agrees to promptly respond to and resolve any complaint regarding ac cessibility of its Services. The City may require Proposer to comply with these accessibility requirements if they are awarded a contract.
Public Records
The proposals received shall become the property of the City of Fresno and are subject to public disclosure. Those parts of a proposal which are defined by the Proposer as business or trade secrets as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked " Trade Secrets", "Confidential", or "Proprietary", will only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
6 may not be considered for award.
Selection Process and Evaluation Criteria
Proposal Evaluation
The City will establish a selection committee to score proposals based on the evaluation criteria stated herein.
The Selection Committee will review and evaluate all proposals after formal receipt. To receive proper consideration, the proposal must meet the requirements of these Specifications. The evaluation process will provide credit only for those capabilities and advantages which are clearly stated in the Proposer's written proposals. In other words, advantages which are not stated will not be considered in the evaluation process.
Proposers whose proposals include a failure to comply with or take exception to these Specifications may not be considered for award and dropped from the evaluation process.
The Selection Committee will evaluate the proposals on the following criteria:
Evaluation Criteria Weight
Qualification of Key Personnel
Describe the key personnel that will be assigned to the project, to include experience conducting on-demand feasibility studies with transit agencies and demonstration of collaborative approaches with clients. Please include copies of all key personnel’s resumes. 30%
Firm’s Past Performance
Describe the firm’s overall experience and past performance in providing services of a similar size and nature. Provide at least three (3) references for which similar services have been performed. 30%
Cost
The scoring for costs is based on the lowest price in relation to the offered price.
25%
Approach to Work
The firm’s ability to demonstrate its understanding of the project’s scope and its proposed methodology to achieve the objectives of the project. The methodology should clearly demonstrate its merits by outlining the logic, advantage, and proven approach of the firm’s methodology.
15%
The City reserves the right to accept or reject any or all proposals and may select, and negotiate with one or more Proposers concurrently, and enter into a Contract with such Proposer who is determined, by the City, to provide the services which are in the interest of the City. The City may agree to such terms and conditions as it may determine to be in its interest.
The Selection Committee reserves the right to request additional information from Proposers, to Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
7 negotiate terms and conditions of the Contract, to visit sites, to request demonstrations or oral presentations, to establish a competitive range, or ask Proposers to appear before the Selection Committee to clarify points of their proposal.
Any award shall be based on the criteria specified and made to the Proposer whose proposal is judged as providing the best value in meeting the interest of the City and the objectives of the project , in the City’s sole discretion.
The City reserves the right to make the selection of a Proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Proposer to perform the services set forth herein. The City reserves the right to not award to any proposer, at its sole discretion.
Time to Award/Reject
The Proposer agrees that the City may have ONE HUNDRED TWENTY (120) DAYS to accept or reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter into a Contract as provided in the Specifications, award may be made to another Proposer, who shall be bound to perform as if she/he had received the award in the first instance.
Contract Documents
The proposer shall submit the required contract documents in a form acceptable to the Contracting Officer 2223 G Street, Fresno, CA 93706 within 15 calendar days (except in the event in the event federal funding is applicable to this Contract, then 10 working days) from the Notice of Award of proposal. Failure to provide said documents within the designated period shall be sufficient cause to award to the next proposer offering the next best value to the City.
Questions, Clarifications, and Concerns
The Specifications describing this project have been carefully prepared. Any questions or concerns relating to these Specifications shall be directed in writing via e -mail to [email protected]. Please include the proposal file number and the title of the project in the subject heading of your e-mail.
Questions will be accepted only up to five (5) working days prior to the submission deadline to allow the City, if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made to the Specifications as a result of any questions. If questions arise after the deadline, please contact the Project Manager, but the City will not guarantee a response.
The City will not be responsible for verbal responses made by parties other than the FAX designee.
Contacts with City Staff
Before an award is made, any contact with City staff, other than the Contract or designee(s), without prior written authorization is strictly prohibited and may render the Proposer non-responsible.
Regulated Communications in City Procurement Process Ordinance The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4 of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the Ordinance provides that no Respondent, Bidder, Proposer (as the cas e may be) shall initiate, engage in, or continue any communication to or with any City elected official concerning or touching upon any matter which is the subject of this competitive procurement process.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
8 Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in, continues in, or receives any regulated communication shall file the written disclosure required by the Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement Process Ordinance may be disqualified from participating in this procurement process and/or determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website at, http://www.fresno.gov. Under “ Departments”, “City Clerk,” and “Fresno Municipal Code and City Charter.” Or view the Fresno Municipal Code directly at:
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS A_ART6RECOELOFPRPR
Debarment
A Proposer may be debarred from bidding or proposing upon or being awarded any contract with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance with the procedures in Fresno Municipal Code Section 4- 104 adopted by Council on May 17, 2018. The initial period of any such debarment shall not be less than one year and may be permanent depending on the violation. A Proposer may request a hearing, in accordance with Fresno Municipal Code Section 4- 104, upon receipt of a notice of proposed debarment from the City Manager or designee. A copy of the Ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street, Fresno, California 93721.
Outreach to Small Business Enterprises in Subcontracting The City of Fresno hereby notifies all Proposers that it is the City's policy to provide all small business enterprises, including minority, women, and disabled veteran business enterprises, equal access and opportunity for participation in the performance of all construction contracts, professional service contracts, procurement of supplies, equipment and other services. Therefore, the City requests that a Proposer who intends to subcontract a portion of the work seek out small business enterprises that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability , and prices.
Addenda
The City makes a concentrated effort to ensure any addenda issued relating to these Specifications are distributed to all interested parties. It shall be the Proposer's responsibility to inquire as to whether any addenda to the Specifications have been issued. Upon issuance by the City, all addenda are part of the proposal. The signature page must be signed on all addenda.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
9 II – PROPOSAL AND CONTRACT DOCUMENTS
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
10 Proposer's Name _____________________________
(Submit with Proposal)
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content in the sequence shown below. If the documentation provided is incomplete, the Proposer may be ineligible for award of a Contract.
REQUIRED
[X] 1. COVER LETTER
[X] 2. COST PROPOSAL, page 11
[X] 3. PROPOSER QUALIFICATION QUESTIONNAIRE, page 12
[X] 4. REFERENCES, page 14
[X] 5. ACCEPTANCE OF INDEMNIFICATION & INSURANCE, page 15 [X] 6. DISCLOSURE OF CONFLICT OF INTEREST, page 16
[X] 7. SIGNATURE PAGE, page17
[_] 8. SAMPLE CERTIFICATION, page 19
[X] 9. SAMPLE SERVICE CONTRACT, page 20
[_] 10. PRE-PROPOSAL CONFERENCE (See pg. 4 for details) [X] 11. ADDENDA - Signature page of all Addenda issued [X] 12. KEY PERSONNEL RESUMES
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
11 COST PROPOSAL
Having carefully examined the Request for Proposals, attachments and related documents, the undersigned proposes and agrees to provide to the City of Fresno, in accordance with the Specifications annexed hereto and made a part thereof, the following items and services at the following rates:
Task # Task Description Costs
1 Project Initiation and Work Plan Development $_____________________ 2 Existing Conditions $_____________________
3 Needs Assessment $_____________________
4 Peer Review and Best Practices Research $_____________________ 5 Feasibility and Cost Analysis $_____________________
6 Public and Stakeholder Outreach $_____________________ 7 Recommendations and Final Report Development $_____________________ 8 Travel Costs $_____________________
TOTAL COSTS $_____________________
Note: The proposer’s cost proposal will be a lump sum, firm fixed amount which shall include all labor, materials, taxes, fees, and any and all other expenses. The cost is not subject to any adjustment on the basis of the proposer’s cost experience in performing the contract.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
12 Proposer’s Name: _________________________
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE
The undersigned Proposer submits the following information in accordance with the proposal Specifications:
(Use additional sheets as needed.)
1. a. Business Name (If using more than one business name, please list all names.):
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ b. Address: _____________________________________________________ Is your firm operating as a franchisee? Yes or No
If yes, list the franchiser, and number of years your business has been franchised:
_______________________________________________________________ _______________________________________________________________
2. Provide the names, titles, qualifications, years of experience, and years with your firm, for all key personnel in authority in your business, including the key personnel that will be involved in this project, and the extent to which they will be involved in the performance of this Contract.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
3. How many years has your business been established? _____________________ How many years has your business been under your present name? ___________ How many years under former names? (List names and number of years) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
4. How many years has your business been providing services? ________________
5. Does your business operate contracts with other agencies/entities for similar services as requested by this RFP?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
13 Proposer's Name __________________________
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
6. What other types of services does your business provide? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
7. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If subsidiary or division, name parent company, its principals, and their addresses):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
8. Have there been any contract terminations for the services your firm performs before the fulfillment of the contract within the past three years? Yes or No
a. If so, list the date, client, and reason for termination below:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
9. Provide an organization chart, indicating full-time personnel, job titles, locations, and whether each individual works out of an office or is in the field. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
10. Outline your support services including establishing direct lines of communication between City technical staff and the program manager.
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
11. Submit a comprehensive plan for addressing the requirements listed in the Scope of Work.
_____________________________________________________________________ _____________________________________________________________________
Please provide attachments as needed to accommodate responses.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
14 Proposer's Name ______________________________
(Submit with Proposal)
REFERENCES
Please list at least three references of similar size and type of services, including governmental agencies, if available.
1. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: PHONE NUMBER:
FAX NUMBER EMAIL
LENGTH OF CONTRACT: (YEARS)
TYPES OF SERVICES PROVIDED:
2. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: PHONE NUMBER:
FAX NUMBER EMAIL
LENGTH OF CONTRACT: (YEARS)
TYPES OF SERVICES PROVIDED:
3. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: PHONE NUMBER:
FAX NUMBER EMAIL
LENGTH OF CONTRACT: (YEARS)
TYPES OF SERVICES PROVIDED:
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
15 Proposer's Name
(Submit with Proposal)
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and Insurance Requirements set forth in these Specifications. If the Proposer takes exception to some portions, those portions shall be listed here below, and the Proposer shall sign that the Proposer accepts all portions of the requirements not listed.
Note: Any exceptions may cause a Proposer to not be awarded a contract.
ACCEPT
DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:
Signature of Authorized Person
_____________________________________
Type or Print Name of Authorized Person
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
16 Proposer's Name
(Submit with Proposal)
DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents?
2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
Name
Company
Address
Additional page(s) attached.
City, State, Zip
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
17 Proposer's Name______________________
(Submit with Proposal)
SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the statements contained in this proposal are true and correct.
PROPOSAL SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ( ) ( ) Firm Phone Fax (2)
(Corp.) (Individual) (Partner) (Other)
(3)
Business Address
City State Zip Code
(4) By:
Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
18 INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Proposer must be the same as that under which a license is issued, if a license is required. If the Proposer is a corporation, enter the exact name of the corporation under which it is incorporated; if Proposer is an individual, enter name; if Proposer is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Proposal and any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Proposer is a corporation, the Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign contracts (sample certification attached):
a copy of the Secretary of State printout, a copy of the Articles of Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing the officer or employee to sign Contracts.
(b) If Proposer is an individual, he/she must sign the Proposal, or if the Proposal is signed by an employee or agent on behalf of the Proposer, a copy of a power of attorney must be on file with the City of Fresno prior to the submission deadline or must be submitted with the Proposal.
(c) If the Proposer is a partnership, the Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Proposer is a joint venture, the Proposal must be signed by all joint venturers; or by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and if the joint venturer(s) is a corporation or a partnership signing on behalf of the Joint Venture, then Paragraphs (a) and c) above apply respectively.
Where Proposer is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State, and Zip Code.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
19 SAMPLE CERTIFICATION
I, , certify that I am the secretary Name
of the corporation named herein; that who signed this Name
Bid Proposal on behalf of the corporation, was then of Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was
duly signed for and on behalf of said corporation by authority of its governing body, as
evidenced by the attached true and correct copy of the
Name of Corporate Document
By:
Name:
Title: Secretary
Date:
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
20 SAMPLE SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. CONTRACT DOCUMENTS . The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: [Title] (Request for Proposals No. [Number]) copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into an d made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]) , as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents.
4. INDEMNIFICATION. To the furthest extent allowed by law, CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, lit igation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONTRACTOR, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If CONTRACTOR should subcontract all or any portion of the services to be performed under this Agreement, CONTRACTOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
[Signatures follow on the next page.]
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
21 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
A California municipal corporation
By:
[Name],
[Title/Dept.]
APPROVED AS TO FORM:
City Attorney
By:
[Name] Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
[CONTRACTOR],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: [Name]
[Title]
[Street Address]
Fresno, CA [Zip]
Telephone: (559) [#]
E-Mail: [E-Mail address]
CONTRACTOR:
[Contractor Name]
Attention: [Name]
[Title]
[Street Address]
[City, State Zip]
Telephone: [area code and #]
E-Mail: [E-Mail address]
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
22 III – GENERAL CONDITIONS
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
23 III. GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning. (a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated.
(b) "City Manager" shall mean the City Manager of the City of Fresno. (c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise referred to in any of the foregoing documents, whether or not attached thereto. (d) "Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract. (e) "Council" and "City Council" shall each mean the Council of the City of Fresno. (f) "Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City.
(g) "Specifications" shall mean the Contract Documents.
2. DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organizations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extension of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the City Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Contracting Officer, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor.
3. TERMINATION FOR CONVENIENCE : The City reserves the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
24 4. TERMINATION FOR CAUSE:
a. If the Contractor shall fail to complete delivery, within the time or times specified herein, of all or any part of the materials, equipment, supplies or services to be provided under the Contract, the City Manager of the City of Fresno or designee, acting for and on behalf of the City, may at any time after the expiration of the time for cure, terminate the Contract as to the whole thereof, or in the event partial delivery has been made and accepted, as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination.
b. The City may terminate this Contract if the Contractor materially breaches any of its obligations under this Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within fifteen (15) days after written notice by the City specifically describing the breach.
c. Such termination shall be effective upon receipt by Contractor of written notice of termination from said City Manager or designee, which notice shall be deemed to have been received by Contractor, if mailed by certified mail , within forty -eight hours to Contractor's address as contained in the proposal to the City or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor's said address.
5. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and submit all required documents to the Project Manager in a form acceptable to the City of Fresno within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date of Notice of Award. Failure to provide said documents within the designated period shall be sufficient cause to forfeit the proposal deposit and initiate a City departmental recommendation for City to award the Contract to another Proposer.
6. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence.
7. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part of any contract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99 -603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
25 8. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the City by the Contractor will be in accord with the Specifications, and where not specified, in accord with generally accepted standards.
9. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by both parties.
10. CONTRACT CHANGES : No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement.
11. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items from the Contract including Special Conditions or Scope of Work. Any changes shall be made only by means of a formal amendment signed by both the City and Contractor.
12. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no assignment, transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract without the prior written approval of the City. Any attempted assignment, transfer, sale, or subcontracting by the Contractor, its successors , or assigns, shall be null and void unless approved in writing by the City.
13. TERMINATION
BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of such fiscal year and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year " shall mean the twelve- month fiscal period of City whic h commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the City or City 's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City.
14. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the Contractor is acting as an independent contractor. Neither the Contractor, nor any of its officers, associates, agents or employees shall be deemed an employee, joint venturer, partner, or agent of the City for any purpose. However, the City shall retain the right to verify that the Contractor is performing its respective obligations in accordance with the terms of the Contract.
Because of its status as an independent contractor, Contractor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
26 any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to City or to this Agreement.
15. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of the Contract and any rights and duties thereunder shall be Fresno County, California.
16. COMPLIANCE WITH LAW : In providing the services required under the Contract, Contractor shall at all times comply with all applicable laws of the United States, the State of California and the City of Fresno, and with all applicable regulations promulgated by Federal, State, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of the Contract.
17. SEVERABILITY: The provisions of the Contract are severable. The invalidity, or unenforceability of any one provision in the Contract shall not affect the other provisions.
18. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provision of the Contract be found to be ambiguous in any way, such ambiguity shall not be resolved by construing th e Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.
19. ATTORNEY'S FEES: If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of the Contract, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
20. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract.
21. MAINTENANCE OF RECORDS : Records of Contractor pertaining to the services hereunder shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of the Contract and for a period of three years after final payment and for the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to the Contract shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This section shall survive expiration or termination of the Contract.
22. RECYCLING: In the event Contractor maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Contractor at its sole cost and expense shall:
(a) After award, immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
27 (b) Immediately contact the Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof.
23. NOTICES: Any notice required or intended to be given to either party under the terms of this Contract shall be in writing and shall be deemed to be duly given if delivered personally or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of the Proposal in the case of the Contractor and at the address in the Special Conditions for mailing of invoices in the case of City, or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
24. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
25. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Contract. No provisions of this Contract may be waived unless in writing and signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
26. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. NO THIRD-PARTY BENEFICIARIES: The rights, interests, duties and obligations defined within this Contract are intended for the specific parties hereto as identified in the preamble of this Contract. Notwithstanding anything stated to the contrary in this Contract, it is not intended that any rights or interests in this Contract benefit or flow to the interest of any third parties.
28. EXTENT OF AGREEMENT : Each party acknowledges that they have read and fully understand the contents of this Contract. This Contract represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be modified only by written instrument duly authorized and executed by both City and Contractor.
29. HEADINGS: The section headings in this Contract are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Contract.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
28 IV – SPECIAL CONDITIONS
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
29 IV. SPECIAL CONDITIONS
1. PAYMENT: The Proposer shall invoice the City of Fresno monthly for costs incurred as its relates to the scope of work’s tasks and no more than the amounts listed in the cost proposal. Invoices shall conspicuously display the City’s contract number and shall be submitted to:
ATTENTION:
City of Fresno
Department of Transportation/FAX
Attn: Richard Baldon
2223 G. Street
Fresno, CA 93706
Contractor hereby agrees not to assign the payment of any monies due Contractor from City under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Contractor directly to Contractor.
2. CHANGES TO CONTRACT DOCUMENTS: The City of Fresno may, from time to time, without invalidating the Contract, modify the Contract; by adding, deleting or changing sections of the Contract; by adding deleting or changing usage or space; by adding, deleting or changing Routine Work or P rojects; by adding deleting or changing Special Conditions; or by adding, deleting or changing Specifications. All such changes shall be ordered by means of a Written Change Order. Any changes in the compensation to Contractor resulting from such Change Orders shall be agreed upon by the City of Fresno and the Contractor. Additionally, the parties may modify the Contract by written amendment.
3. NOTICE TO PROCEED: Contractor shall not commence any work until he/she has received a written Notice to Proceed.
4. CONTRACT ADMINISTRATOR: The City of Fresno designates the Director, Department of Transportation/FAX , as Contract Administrator, who shall act on behalf of the City with respect to all aspects of this Contract. The City shall promptly notify Contractor in writing if the Contract Administrator is changed.
The Contract Administrator and designated representative shall have complete authority to require the Contractor to comply with all provisions of this Contract. Contractor shall strictly and promptly follow the instructions of the Contract Administrator. The Contract Administrator's decision upon all questions claims and disputes will be final and conclusive upon the parties of the Contract. The Contract Administrator shall exercise any discretionary authority in a reasonable manner.
The Contract Administrator shall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, supplies and all other materials and methods and procedures used in the performance of the Services with regard to the requirements included herein. The Contract Administrator shall decide all questions which may arise as to the interpretation of the Contract Documents relative to the Services and the fulfillment of the Contract on the part of Contractor.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
30 The Contract Administrator will determine the amount and quality of the several kinds of Services performed and materials furnished which are to be paid for under this Contract.
The Contract Administrator shall have the authority to require Contractor to make temporary changes in the assignment of routine work, tasks and task frequencies. Such temporary changes shall not affect the amount of payment to Contractor.
5. CONTRACT COORDINATOR: The Contract Administrator shall designate the Projects Manager of Projects Development , Department of Transportation/FAX , as Contract Coordinator to monitor and inspect the performance and progress of the Services provided under this Contract.
The Contract Coordinator has no authority to alter, waive or revoke any provision of this Contract. Any failure of Contractor to comply with the provisions of the Contract may be called to the attention of the Contract Administrator by the Contract Coordinator.
The Contract Coordinator shall have the authority to suspend the performance of the Services and compensation to Contractor until the Contract Administrator can decide any questions at issue.
The Contract Coordinator shall perform frequent inspections of each work assignment. The emphasis during these inspections should concentrate on the existence of those factors which significantly affect the probability of the assignment being performed as specified.
The Contract Coordinator shall coordinate the activities of Contractor and the occupants to minimize any interference or delay to either party. The Coordinator shall submit suggestions regarding revisions of the specifications to the Contract Administrator. The Coordinator shall receive and respond, with clerical assistance, to requests, complaints, and suggestions concerning the performance of the work directed under the Contract.
The Contract Coordinator shall in no instance have the authority to act as a supervisor for Contractor, and shall not interfere with the Contractor in the supervision or direction of Contractor’s employees.
Any advice provided to Contractor by the Contract Coordinator shall in no way be construed as binding upon the City of Fresno, or release the Contractor from fulfilling the provisions of the Contract.
6. PERFORMANCE OF THE SERVICES: Contractor shall be responsible for the complete and timely performance of all the Services under this Contract and for all manner and type of tools, equipment, supplies and materials of every description required to successfully perform all Services under this Contract.
7. NON-PERFORMANCE OF SERVICES: Services shall be considered not to have been performed when, in the judgment of the Contract Administrator, any one or more of, but not limited to, the following conditions exist:
a. Adherence to established response times,
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
31 b. Failure to provide reports per schedule and on time, or c. Failure to conform to the requirements per Scope of Work.
8. CONFIDENTIAL INFORMATION, OWNERSHIP OF DOCUMENTS AND COPYRIGHT LICENSE: Any reports, information, or other data prepared or assembled by the Contractor pursuant to this Agreement shall not be made available to any individual or organization by Contractor without prior written approval of the City. During the term of this Agreement, and thereafter, the Contractor shall not, without prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential for the purpose of this Agreement shall include all proprietary marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source of object codes and other information disclosed or submitted, orally, i n writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City
If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall cause each subcontractor to also comply with the requirements of this section. This section shall survive expiration or termination of the Agreement.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
32 V – INSURANCE REQUIREMENTS
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
33 V. INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occur rence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to CONTRACTOR’S profession.
MINIMUM LIMITS OF INSURANCE
CONTRACTOR, or any party the CONTRACTOR subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
34 (iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONTRACTOR shall establish additional insured status for the City under the General Liability policy for all ongoing and completed operations by use of endorsement s providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 or CG 20 10 04 13.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. CONTRACTOR’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONTRACTOR’S insurance and shall not contribute with it. CONTRACTOR shall establish primary and non-contributory status on the General Liability policy by use of ISO Form CG 20 01 04 13, or by an executed endorsement that provides primary and non contributory status as broad as that contained in ISO Form CG 20 01 04 13.
4. All policies of insurance shall contain, or be endorsed to contain, the following provision:
CONTRACTOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers.
5. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY.
CONTRACTOR is also responsible for providing written notice to the CITY under the same Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
35 terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
6. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these policies will be twice the above stated limits.
7. The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, its principals, officers, agents, employees, persons under the supervision of CONTRACTOR, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
CLAIMS-MADE POLICIES
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONTRACTOR.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONTRACTOR, CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
VERIFICATION OF COVERAGE
CONTRACTOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non- ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately furnish City with a complete copy of any insurance Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
36 policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
SUBCONTRACTORS
If CONTRACTOR subcontracts any or all of the services to be performed under this Agreement, CONTRACTOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no side agreement is required, CONTRACTOR shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and CONTRACTOR shall ensure that CITY, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with CONTRACTOR, and CITY, prior to commencement of any work by the subcontractor.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
37 VI – SCOPE OF WORK
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
38 VI. SCOPE OF WORK
Scope of Work – On-Demand Transit Improvement Study
The City of Fresno’s Department of Transportation/Fresno Area Express (FAX) is seeking qualified consultants to conduct an On-Demand Transit Improvement Study. The goal of this project is to assess the current paratransit system (Handy Ride), evaluate opportunities for service modernization, and determine the feasibility of adding non-paratransit on-demand services. This study is a critical step toward ensuring that residents, particularly those living in disadvantaged communities, have access to reliable, efficient, and equitable transportation options. The selected consultant will be responsible for carrying out the project objectives, and a comprehensive scope of work, organized by the tasks outlined below.
Project Objectives
1. Assess the current capabilities, limitations, and performance of FAX’s paratransit system and the potential for general on-demand transit operations.
2. Identify and prioritize service improvements, such as same-day trip booking, real-time vehicle tracking, mobile app-based scheduling, and fare integration.
3. Evaluate the feasibility of non-paratransit on-demand services, including curb-to- airport options and first/last mile service.
4. Evaluate the potential for partnerships and or designated on-demand stops at local businesses or major points of interest such as universities and hospitals that fall outside the current service area.
5. Analyze cost for on-demand, staffing, and operational impacts of in-house vs. contracted service models.
6. Recommend technology upgrades, including a selection of potential software solutions to enable real-time data and trip management.
7. Conduct robust public and stakeholder outreach, with an emphasis on equity and access in disadvantaged populations.
8. Provide implementation recommendations including phased delivery, estimated costs, and potential funding sources.
Task 1: Project Initiation and Work Plan Development
The consultant will begin by facilitating a kickoff meeting with FAX and Project Team to discuss goals, expectations, key issues, and communications protocols to ensure a smooth project from start to finish. Specific tasks to be included in this meeting are as follows:
1. Establish roles, communication protocol, and expectations.
2. Discuss project objectives, project tasks, potential obstacles, logistics, and identify key decision makers.
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
39 3. Discussions for monitoring schedules and monthly progress reports.
4. Finalize dates and times for biweekly project team meetings and call(s) with consultant and FAX staff.
5. Finalize the project timeline and scope of work
6. Review Fax Title VI policy
7. Identify key stakeholders and community groups to include in the engagement process
Task 2: Existing Conditions
The consultant will conduct a comprehensive analysis of current FAX services, service area and average ridership to assess performance and understand how the FAX agency serves riders. The analysis must document the system’s limitations – particularly the absence of real-time trip data and limited customer interface functionality. This assessment of existing conditions must identify service gaps to include disadvantaged populations and areas of high demand. Ridership, service, and cost data obtained from FAX will serve as the basis for analyzing the coverage, productivity, efficiency, and quality of the existing services.
Task 3: Needs Assessment
The current on-demand paratransit system is antiquated and requires modernization. The consultant will review historical fixed route and curb-to-curb paratransit ridership and cost information to analyze patterns, trends and identify needs for On-Demand transit service improvements. The consultant will assess the needs for a Non-Emergency Medical Transportation (NEMT) service as it relates to FAX’s services. Public outreach will be conducted to provide information and solicit feedback. This assessment will also include staff interviews, a review of internal planning documents, and mapping of service patterns to establish a clear baseline for recommended improvements. The consultant will assess available software features that support real-time trip management, customer scheduling, vehicle tracking, and dispatching for both paratransit and non-paratransit service models.
Based on this assessment, the consultant will identify any potential needs for viable software solutions that can replace or augment FAX’s current system, enabling the agency to offer modernized customer experience.
1) Potential service enhancements:
a) Same-day trip request
b) Customer real time vehicle tracking
c) Accessible vehicle types
d) Application and web-based booking and ticket purchasing
e) Non-paratransit on-demand trips
f) Airport-bound trips
Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
40 Task 4: Peer Review and Best Practices Research
The consultant will identify and evaluate comparable on-demand paratransit service models from other public transit agencies and solicit feedback and lessons learned from those agencies. This includes gathering insights into the integration of Mobility-as-a-Service (MaaS) platforms, use of zero-emission vehicles in demand-response settings, same-day booking capabilities and operational approaches for serving ADA-eligible and general public riders.
The findings from this research will inform potential solutions and help ensure that recommendations reflect industry standards and proven models of success.
Task 5: Feasibility and Cost Analysis
The Consultant will utilize information obtained from previously completed tasks and provide FAX with options of subjects, sections or services of which the feasibility study and cost analysis will focus on. These options may include introducing new on-demand service types in Fresno such as non-paratransit service, curb-to-airport transportation, expanded first/last mile access, and possible partnerships with key points of interest such as hospitals and universities. This evaluation will include a comparison of operating the services in-house versus contracting with a third-party provider. The analysis will consider staffing needs, cost structures, service quality, risk, scalability, and sustainability. Non-Emergency Medical Transportation analysis shall be proposed as a feature in addition to existing service or as a separate service. Additionally, the consultant will provide cost estimates for implementing and maintaining zero-emission vehicle operations within the on-demand service model. Areas of focus for cost analysis are:
1. Effectiveness in meeting the daily transportation needs of on-demand transit passengers:
a. Population, number of people living in poverty, zero-car and single-car households, and other key demographics covered by on demand service.
b. Jobs, points of interest, and fixed route connections covered by each service area
2. Potential operational challenges:
a. Operational challenges that may arise from utilizing zones or partnering with adjacent cities, universities, hospitals and any other potential partner.
3. Budget:
a. Total cost of service, cost per passenger trip, cost per hour.
b. Budget to include needed technology, operations and maintenance, insurance, driver training, and marketing.
c. Cost or fees for technology integration.
4. Preliminary Title VI review:
a. Ensure all recommendations comply with FTA circular 4702.1B Request for Proposals – Professional Consultant Services for Feasibility Study RFP No. 12600257
41 b. Assess for disparate impact on race, color, or national origin, or disproportionate burden on low-income riders.
c. Identify disproportionate impacts and develop methods to avoid, minimize, and mitigate identified disproportionate impact.
d. Communication with Limited English Proficiency customers.
e. Methods to engage minority and low-income populations.
f. Procedure for filing a Title VI discrimination complaint.
g. Collecting and analyzing quantitative and qualitative data to understand existing disparities and predict potential impacts.
h. Evaluate the level of Title VI impacts and determine whether corrective action, policies or procedures are required.
5. Non-Emergency Medical Transportation
a. Operational, administrative, and cost challenges of implementing NEMT services on FAX’s system.
Task 6: Public and Stakeholder Outreach
Public input will be an essential component of the study. The consultant will develop and implement a comprehensive outreach strategy designed to engage existing Handy Ride users, people with disabilities, transit-dependent populations, community-based organizations, and the broader public. Outreach methods should include at least two in- person community workshops, one online forum and targeted stakeholder interviews. Public outreach must take place as part of Task 3 to incorporate stakeholder input into the needs analysis. Additionally, public outreach must take place to notify the public of the results of the final report. All outreach activities must be accessible, culturally appropriate, and developed in close coordination with FAX to ensure a consistent approach. The consultant will document all feedback received and incorporate it into the development of recommendations.
Task 7: Recommendations and Final Report Development
Drawing upon the data and analysis from prior tasks, the consultant will prepare a comprehensive set of recommendations for a FAX on-demand service. These recommendations should be presented as phased implementable options and should address service enhancements, projected costs, facility requirements, technology upgrades, equity outcomes, and funding opportunities. A draft version of the report will be submitted for review and feedback by FAX staff. The consultant will then prepare a final version that includes any necessary revisions