HomeMy WebLinkAboutResolution - 2013-R0042 - Contract - SRF Consulting Group Inc.- Fixed Route Survey Consulting - 01/31/2013Resolution No. 2013-R0042
January 31, 2013
Item No. 5.18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 10983 for Consulting
Services -Fixed Route Study, by and between the City of Lubbock and SRF Consulting
Group, Inc. of Minneapolis, MN, and related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on _January 31, 2013
'.e� /
GLVe'."ROMTSON, MAYOR
ATTEST:
Rebeck Garza, City Secret
APPROVED AS TO CONTENT:
Quincy W t , Assistant City Manager
APPROVED AS TO FORM:
&Z' il'��
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-SRF Consulting Group, Inc.
January 2, 2013
Resolution N0. 2013—R0042
CITY OF LUBBOCK, TX
Consulting Services — Fixed Route Study
Service Agreement
CONTRACT 10983
This Service Agreement (this "Agreement') is entered into as of the 31st day of January 2013,
("Effective Date") by and between SRF Consulting Group, Inc., (the Consultant),and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 13 -10983 -TL - Consulting Services —
Fixed Route Study.
WHEREAS, the proposal submitted by the Consultant has been selected as the proposal which
best meets the needs of the City for this service; and
WHEREAS, Consultant desires to perform as an independent contractor to provide Fixed Route
Study Services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City
and Consultant agree as follows:
City and Consultant acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Proposal and Best and Final Offer
4. Exhibit C — Project Timeline
5. Exhibit D— FTA Mandated Clauses
6. Exhibit E — Insurance Requirements
Scope of Work
Consultant shall provide the services that are specified in Exhibit A. The Consultant shall comply with all
the applicable requirements set forth in Exhibit B,C, D, and E and attached hereto.
Article 1 Services
1.1 Consultant agrees to perform services for the City that are specified under the General
Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in
Exhibit B, to Consultant for performing services.
1.2 Consultant shall use its commercially reasonable efforts to render Services under this
Agreement in a professional and business -like manner and in accordance with the
standards and practices recognized in the industry.
Nonappropriation clause. All funds for payment by the City under this Agreement are
subject to the availability of an annual appropriation for this purpose by the City. In the
Nonappropriation clause. All funds for payment by the City under this Agreement
are subject to the availability of an annual appropriation for this purpose by the City.
In the event of nonappropriation of funds by the City Council of the City of Lubbock
for the goods or services provided under the Agreement, the City will terminate the
Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the
goods or services covered by this Agreement is spent, whichever event occurs first. If
at any time funds are not appropriated for the continuance of this Agreement,
cancellation shall be accepted by the Consultant on thirty (30) days prior written
notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Agreement beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed
in accordance with the laws of said State, without reference to choice of law
provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to
this Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Consultant and supersedes any and all previous agreements, written or oral, between
the parties relating to the subject matter hereof. No amendment or modification of
the terms of this Agreement shall be binding upon the parties unless reduced to
writing and signed by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the
failure of any parties otherwise to insist upon strict performance of any provision
hereof shall not constitute a waiver of any subsequent breach or of any subsequent
failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Consultant or
the City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of
or relating to this Agreement or the breach thereof, shall be formally discussed and
negotiated between the Parties for resolution. In the event that the Parties are unable
to resolve the claims, disputes, or other matters in question within thirty (30) days of
written notification from the aggrieved Party to the other Party, the aggrieved Party
shall be free to pursue all remedies available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to
all services provided to the City under this Contract. In the event such an audit by the
City reveals any errors or overpayments by the City, Consultant shall refund the City
the full amount of such overpayments within thirty (30) days of such audit findings.
or the City, at its option, reserves the right to deduct such amounts owing the City
from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction. Further, the City shall not be subject to
any arbitration process prior to exercising its unrestricted right to seek judicial
remedy. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
GTOV. Roe son, Mayor
ATTEST:
-D Lrp�:g� , J --c
Rebec a Garza, City Secretary 0
APPROVED AS TO CONTENT:
Ouincy Whi ,
Assistant City Manager
Chad Weaver, Assistant City Attorney
SRF Consulting Group, Inc.
Jos ph J. Kern, r ncipal
C�'
David K. Montelbel o, PE (MN MI) President
GENERAL REQUIREMENTS
3 SCOPE OF WORK
EXHIBIT A
The consultant shall provide professional consulting service to the City of Lubbock/Citibus
through the analysis of the existing transit system and recommendation of feasible route and
schedule changes to improve service levels.
Information on the current system, including routes and schedules, can be found at
www.citibus.com
The proposed scope of work is divided in the following sections:
Section 1: Review of the current transit system
A review of the system as it currently exists is required in order to determine areas
that are working and areas that require further improvement.
The review of the current transit system should include, at a minimum, the following
components:
• Routes
• Schedules
• Hours of operation
• Areas currently served by the transit system
• Areas not currently served by the transit system
• Identified strengths
• Identified weaknesses
• Analysis of weekday/weekend headways
• Analysis of peak service
• Provide assistance with run cut and run cut bid preparation to implement study
recommendations
The selected consultant is expected to provide a list of recommended improvements
to the existing transit system.
Citibus staff will make available to the selected consultant statistical information that
can be used in the preparation of this section of the report. Fixed route ridership data
is collected using GFI Genfare farebox system and Texas Tech University ridership
data is counted manually.
Section 2: Recommended improvements at current funding levels
This section of the work should address ways that the fixed route system can be
modified to address unmet needs at the current level of funding. There are areas
within the city that are not currently served by public transit and there are areas
currently served by transit that are not well -utilized. The routing options should
consider the possibility of both eliminating and extending routes to enhance transit
service.
The analysis should focus on reducing travel times, increasing the service area, and
increasing the fixed -route ridership while alleviating demand response (DRS) trips
and the associated costs. The analysis should include specific routing options, service
schedules, expected ridership, and driver scheduling. The route analysis should also
consider the areas that are planned to be developed and that have potential to grow in
the near future.
This section should also include recommendations on ways to better integrate
Citibus' fixed route services with Greyhound and with the regional rural transit
providers.
Section 3: Recommended improvements in service in 5% increments up to 20%
This section of the work should address ways that the fixed route system can be
modified to address unmet needs at increased funding increments of 5% up to 20%.
Section 4: Recommended improvements without funding constraints
The consultant will be expected to help Citibus formulate what the system could look
like if there were no constraints in the amount of funds needed to provide a viable
fixed route system. While this will be considered "dream system," it should be
justifiable in terms of the amount of service recommended.
It is Citibus' intention to use this portion as a guide for future system expansion or
reduction. Because of this, the consultant will be expected to include information
about anticipated growth patterns over the next ten years.
Section 5: Recommended reductions in service in 5% increments up to 20%
This section of the work should address ways that the fixed route system can be
modified to address reductions in funding in increments of 5% up to 20%.
The consultant will be expected to help Citibus formulate what the system would look
like if there were funding reductions while maintaining a viable fixed route system.
This should be considered a worst case scenario but it should be justifiable in terms of
the amount of service recommended.
Section 6: Public participation
It is expected that the selected firm will highly utilize public involvement tools and
techniques while performing the tasks that are outlined in sections 1, 2, and 3.
The selected firm is expected to conduct a ridership survey in Lubbock to capture the
general public's transit needs and expectations. The firm will also survey major
employers in the area to understand their transit needs, barriers, and opportunities.
The consultant is encouraged to look at traditional and non-traditional methods of
public outreach and data collection as well as at the use of such resources as social
networking.
As part of the response to this proposal, the firms shall include an outline of proposed
public outreach activities.
The firm shall also meet, as necessary, with Citibus staff, the Lubbock Public Transit Advisory
Board, the Lubbock Metropolitan Planning Organization, the City of Lubbock, and other entities
that may be identified during the course of the study.
CONTRACT TERMS AND CONDITIONS
It is understood that any resulting contract executed will contain the following
Indemnification and Release language:
A. Indemnification
It is further agreed that the Consultant (separately and collectively the "Indemnitee")
shall indemnify, hold harmless, and defend the City, its officers, agents, and
employees from and against any and all claims, losses, damages, causes of action,
suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person or for damage to any property
arising out of or in connection with the work done by the Consultant under this
Contract. Such indemnity shall apply regardless of whether the claims, losses,
damages, causes of action, suits, or liability arise in whole or in part from the
negligence of the City, any other party indemnified hereunder, the Contractor, or any
third party.
B. Release
The Consultant assumes full responsibility for the work to be performed hereunder
and hereby releases, relinquishes, and discharges the City, its officers, agents, and
employees from all claims, demands, and causes of action of every kind and
character, including the cost of defense thereof, for any injury to or death of any
person and any loss of or damage to any property that is caused by, alleged to be
caused by, arising out of, or in connection with the Contractor's work to be performed
hereunder. This release shall apply regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance and regardless of
whether such injury, death, loss, or damage was caused in whole or in part by the
negligence of the City, any other party released hereunder, the Contractor, or any
third party.
C. Non Arbitration
The city reserves the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and
all forms of relief in a court of competent jurisdiction. Further, the city shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To the extent of any conflict between this provision
and another provision in, or related to, this document, this provision shall control.
D. Project Timeline
The Contract shall commence on the Effective Date and continues without
interruption as indicated in Exhibit "C". If additional time is required to complete
the Services, the City Manager, or her designee may execute an agreement to grant up
to an additional six (6) months of time so long as the amount of the consideration
does not increase. An amendment to this agreement resulting in any increase in the
amount of the consideration must be approved by the City acting through its
governing body.
E. Termination
The City or SRF Consulting Group, Inc. shall have the right to terminate the contract
upon 30 days written notice.
1. Project Approach
Many of SRF's transit planning projects involve activities
comparable to those anticipated for this project. As a
result, we have honed our planning skills to be able to
act quickly on the job and to offer expert -level analysis
and recommendations. Some of the key project tasks we
envision for this project include the following:
Stakeholder Involvement
Some level of public and
stakeholder involvement
is typically included near
the onset of projects to
help frame the level of
needs and provide a sense
of direction for the future
vision. Fundamental to
this activity are localized
outreach meetings. This is a tried-and-true technique
often used by our team that will result in effective
participation at the local end. In order to achieve maximum
benefit from these sessions, it is important to make sure
attendees come from the core interest groups, and also
to use a mix of techniques throughout the sessions to
foster broad participation. The team will work with
agency staff to determine the appropriate composition of
staff, stakeholder, and community advisory groups, and
incorporate local needs and context
into all public outreach activities.
Our team has had tremendous
success in needs assessment projects,
crafting and facilitating meetings
that focus on "Where are we?" with
current services, "Where do we want
to go?" to identify future needs, and
finally, "How are we going to get
there?" to address the action steps,
responsibilities and timing. Our
team is also skilled at developing
questionnaires and surveys to aid
in the understanding of needs
and conducting direct interviews
with key stakeholders. SRF has
also developed online surveys for
communities to help understand
EXHIBIT B
broader community interests. The SRF team has extensive
experience working in communities with institutions of
higher education, and will perform outreach to students,
staff, and faculty so that the needs of these groups are
met with future public transit service initiatives. We will
work with local staff to identify the extent and timing
of stakeholder involvement activities for this project to
ensure that all points of view are incorporated into the
planning effort.
Major Trends & Implications
Following initial stakeholder involvement activities, we
typically engage the first technical tasks, which includes
the review and analysis of data trends. The development
of transit service concepts is dependent on the magnitude,
location and orientation of the travel markets and needs.
To identify these patterns, we often look closely at
demographic data, socioeconomic data, and travel trends
across the region. We then focus on important consumer
groups such as students, seniors, low-income groups,
disabled persons, and commuters. Locating market
clusters and patterns to help interpretation of travel needs
is often a critical part of this process. We have strong skills
related to data collection, analysis and GIS mapping.
We often use demographic information from recent
transit development and other local data as available.
We routinely incorporate data from local travel forecast
models to further evaluate travel patterns and needs.
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City of Lubbock Fixed Route Study 17
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Current Service Review
Another major undertaking in projects like these is to
compile an inventory of existing services, facilities and
performance data to provide an understanding of how
things currently operate. We want to have a thorough
understanding of the current service picture before
trying to make suggestions for possible modifications.
Our staff has significant experience working with transit
providers and agencies to gather the necessary service and
performance information. We routinely start with data
submittals to state and federal agencies. Peer analysis is
a valuable tool to obtain a sense of how well the transit
system operates in terms of efficiency the effectiveness
by which the transit system its market. We often add data
from surveys to help get detailed user information and
map data as it is available. We regularly use data from
recent transit development plans and local coordination
planning studies as the basis for our inventories.
Utilization data is then analyzed at the route level to
identify opportunities for readjustment.
Visions, Goals & Strategic Directions
Following the assessment of current services and future
needs, we often work with the stakeholders to articulate a
vision for transit. The basic tenets of the vision are often
in place from recent planning efforts and basic program
management approaches. We then use techniques such
as facilitated workshops where we bring stakeholders
together to review the available information, identify core
themes and to work through potential future directions.
These are proven techniques from our prior experience
that help build consensus and support around the
planning concepts. We will work with the local project
manager to determine how best to approach this activity.
Service Options
In order to propose reasonable transit service options,
the consultant needs to have experience with a wide
range of service delivery and management concepts.
The SRF team has expertise with a variety of services
ranging from rideshare activities, paratransit, volunteer
City of Lubbock Fixed Route Study 18
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Current Service Review
Another major undertaking in projects like these is to
compile an inventory of existing services, facilities and
performance data to provide an understanding of how
things currently operate. We want to have a thorough
understanding of the current service picture before
trying to make suggestions for possible modifications.
Our staff has significant experience working with transit
providers and agencies to gather the necessary service and
performance information. We routinely start with data
submittals to state and federal agencies. Peer analysis is
a valuable tool to obtain a sense of how well the transit
system operates in terms of efficiency the effectiveness
by which the transit system its market. We often add data
from surveys to help get detailed user information and
map data as it is available. We regularly use data from
recent transit development plans and local coordination
planning studies as the basis for our inventories.
Utilization data is then analyzed at the route level to
identify opportunities for readjustment.
Visions, Goals & Strategic Directions
Following the assessment of current services and future
needs, we often work with the stakeholders to articulate a
vision for transit. The basic tenets of the vision are often
in place from recent planning efforts and basic program
management approaches. We then use techniques such
as facilitated workshops where we bring stakeholders
together to review the available information, identify core
themes and to work through potential future directions.
These are proven techniques from our prior experience
that help build consensus and support around the
planning concepts. We will work with the local project
manager to determine how best to approach this activity.
Service Options
In order to propose reasonable transit service options,
the consultant needs to have experience with a wide
range of service delivery and management concepts.
The SRF team has expertise with a variety of services
ranging from rideshare activities, paratransit, volunteer
City of Lubbock Fixed Route Study 18
services, fixed route,
route deviation and
commuter services.
Furthermore, the
SRF team has
broad experience in
transit finance and
policy analysis with
transit agencies at
both state and local
levels. We understand the special needs of students and
universities, business centers and special user groups such
as commuters and visitors. We have developed plans to
broaden coordination between human services agencies
and public transit providers. We are prepared to work with
the local staff to explore all reasonable options for service
enhancement. As part of these activities, we often evaluate
staffing and organizational structures.
Recommendations & Documentation
As the technical tasks of a project are completed, most jobs
require some level of recommendations to be developed
and documented. We have significant experience
working through draft and final recommendations and
documentation on projects of all types, including transit
feasibility studies and transportation development plans.
Our staff are adept at finding key points to communicate
to project stakeholders and are comfortable making public
presentations as may be needed for a project.
Our staff resources also include document editors and
graphic artists who can help present the project outcomes
in a clear and concise manner. Our in-house production
capabilities permit us to respond to changes quickly and
to finalize documents to the satisfaction of the client.
Commitment
We at SRF are committed to working with our clients to
reach successful conclusions on all of our projects. We
meet the toughest of timelines, are efficient with use of
budgets, commit to being on-site when needed to ensure
the client's needs are met and, in the end, will deliver the
highest quality products we can. We strive for ongoing and
effective communication with project managers and will
maintain regular reporting requirements.
2. Work Plan & Time Table
This portion of our proposal identifies our technical
process for completing the City of Lubbock/Citibus
Fixed Route Study. The first section relates our firm's
understanding of the requested services and issues/needs
of the area. The second section presents our proposed
work program and schedule.
Project Understanding
Every day brings new challenges to transit operators.
Getting the equipment out on the street first thing in the
morning is just the start of each day's challenges. From
there, transit service becomes a part of the city within
which it operates. Fixed routes connect vital parts of the
community with regular frequency that customers can
depend on. Specialized services provide more responsive
opportunities for the disabled population within the area.
Transit is movement; transit is connections. But transit
is constantly faced with challenges to do more within
tight budgets. In the end, effective transit still needs to be
responsive to local needs.
The project is to help the City of Lubbock/Citibus gain
a concrete understanding of the transit market in the
Lubbock, Texas area, backed up with current data and
research, and develop strategies to improve the Citibus
system and understand how to position Citibus to meet
future needs.
The process involves a technical review and analysis of
key aspects of current fixed -route transit performance.
Routes, schedules, stops and equipment all need thorough
review. Beyond that, current use patterns and customer
needs require review as well as costs, revenues and
emerging needs brought on by community expansion,
specifically urban growth and an upward trend in Texas
Tech enrollment.
Combined with ample opportunity for public input, all of
these elements can generate a thorough and workable plan
for the City of Lubbock/Citibus.
The requirements for the project are clear:
1. Work with the local community and stakeholders to
evaluate how well current services are meeting local
needs.
2. Collect and analyze system data to identify
opportunities to adjust services.
City of Lubbock Fixed Route Study 19
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING 7
3. Identify and evaluate the full range of service
alternatives to refine and improve the current package
of services.
4. Create a workable final product that can help guide
service development and operations for the entire
system to effectively meet the broad local area needs.
Understanding of University Campus
and Urban Transit Service
SRF and Bourne Transit Consulting have successfully
completed planning projects in communities with a
substantial university presence. The team's expertise will
provide realistic, innovative, and tested solutions to the
transit issues identified in the study, as well as explore all
opportunities for effectively serving the City of Lubbock
and Texas Tech University's transit markets.
Many universities have established robust university
transit services. These services can provide a wide range
of transit needs to the university community. These
services may include:
• Intra -campus shuttles
• Routes to off campus academic buildings
• "Near Campus" routes
• Parking lot shuttles
• Shopping routes
• Seasonal routes
Late Night or Safe Ride Service
As college and university campuses have experienced
changes in their physical environments and markets —
construction of off -campus research centers, development
of new student housing, intensification of land uses on
campus, changes to parking policies, etc. — the demand
for transit service has changed correspondingly. Our team
has experience working with both university and local
public agencies to develop solutions that position transit
systems well in light of these shifts in demand.
Some municipal transit systems have worked in
partnership with universities to create seamless systems
that meet many of the travel needs of the university
community. Furthermore, these partnerships enhance
transit opportunities for community residents whose
travel patterns do not
include the university
I LINIVERSITY # ,e
r� campus. Cooperation
` can exist at a variety of
levels, including shared
w facilities, program
^� funding, and/or staff.
City of Lubbock Fixed Route Study 20
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING7
Scope of Services
The following comprehensive work program is intended
to detail the specific activities, approach, and deliverables
associated with preparation of the transit analysis.
Task 1.0 - Project Management
The intent of the first task is to start the project with a clear
understanding of study objectives and expectations, roles,
responsibilities, methods, timelines, and deliverables. A
kick-off discussion will be held to address these issues.
Kick -Off
This first project activity will be oriented to establishing
a framework for the conduct of the study. At the outset,
a kick-off discussion will be held. By beginning the study
process with this activity, the study partners can ensure
that a process guaranteed to meet identified study goals
and objectives is in place.
During this discussion, the proposed work plan will
be reviewed and modified as required. In addition,
milestones and products will be reviewed to ensure that
the project partners clearly understand their respective
roles, responsibilities, and ultimate expectations in terms
of deliverables. For the purposes of quality and expediency
given their breadth of local knowledge, it is expected that
City of Lubbock/Citibus staff will furnish and assemble
data from their in-house sources (financial data, ridership
data, GenFare GFI data, etc.) that is not readily accessible
from public clearinghouses or databases, which will aid
the consultant team on their analysis. Additionally, it is
the responsibility of the project contact to offer timely
review of documents and work products, and provide
direction to the consultant team by providing detailed
contact information of relevant stakeholders (name,
address, phone, e-mail).
The discussion will cover the aforementioned roles that
the local staff will play in the study. The team will identify
who will be our main points of contact for the project,
which will provide the primary technical direction for the
study, and the data sources.
Ongoing Communications
As part of the overall project management activities,
we commit to regular and ongoing communications
with the local project manager to ensure there are no
"surprises" as the project moves forward. We typically
use a combination of face-to-face meetings, e-mail, and
telephone conferencing through the duration of the project.
At the end of each project month, we will also provide
a written progress report detailing work completed,
note any outstanding concerns, and identify upcoming
activities. We intend to document our path and prepare
the local manager to plan ahead for upcoming activities.
Deliverables:
Finalized project scope of work and schedule
Monthly progress reports
Task 2.0 - Staff, Stakeholder and
Public Input
In this task, we will
collect information
from stakeholders
on system utilization
and begin to gauge
how well the current
system meets
local travel needs.
Information will
flow from stakeholder meetings, surveys, and public
meetings. These meetings and discussions are intended
to draw out reaction to the current system and look for
potential improvements.
2.1 Stakeholder Meetings & Discussions
We propose to broaden our understanding of transit
needs in the area by convening a series of meetings and
discussions to capture in-depth input. We propose to
involve the following groups in this activity:
Transit Management and Operations Staff — A great
place to begin is to meet with current transit staff.
They routinely field requests for service changes,
know the most pressing operations challenges, and
can identify some promising concepts. We want to
have several sit-downs with staff to identify key issues
and if additional data needs to be collected.
Agency and Stakeholder Representatives —
Stakeholders will likely include members of the
business community, Texas Tech University, and
MPO staff. It is important to understand transit
needs from the perspective of these stakeholders in
order to define and ultimately reach targeted transit
markets. We intend to have a number of direct
City of Lubbock Fixed Route Study 21
discussions with stakeholders and will survey and
conduct interviews where possible. We will work with
staff to identify these key stakeholders.
Bus Drivers — Information on route -level issues will
be sought from drivers, including running times,
problem locations,
passenger complaints,
concerns or requests,
and new service needs.
This input usually has ;
significant bearing
on recommendations
resulting from a
transit study. We
intend to schedule one
session with drivers to
provide input at the
onset of the project.►
2.2 Public Planning Workshop
Two public planning workshops will serve to gather
input on unmet needs early in the process and to provide
reaction to options later in the project. We will reach out
to both users and non-users of the system.
4'X -
Current Users— We will seek input from current riders
to focus on their experiences with the transit system,
how services may be better tailored to meet their
needs and how to capture a larger share of their travel.
We will work with staff and local media to advertise
the public information meetings and will also make
notices available on buses and at the transit center.
• Non -Users — Input sought from non -riders will focus
on their perceptions of transit in general, their reasons
for not regularly or ever using transit, and whether
and what system changes can capture their ridership.
All public meetings will be conducted in an open -house
format. In an open -house meeting, a set of display boards
are set up, along with easel pads on which comments
can be recorded. Each display board or group of boards
constitutes a "listening station," staffed by someone from
the consultant team or the agency, where members
of the public can ask questions and make comments
individually. All comments received are then analyzed and
thematically grouped in reporting.
2.3a Rider Survey
One of the best ways to gather information about service
needs is to survey current transit users through a survey.
The SRF team, with input from local staff, will develop
an appropriate survey instrument to examine areas of
interest such as current transit use patterns, measuring
unmet need, and operational concerns. This survey will
be accessed via a website with links distributed to Texas
Tech University and additional stakeholders identified by
agency staff; hard copies will also be provided onboard
Citibus vehicles and distributed at venues accessible to
members of the community for whom internet access
is a barrier to participation. We expect both English and
Spanish language versions of the survey to be developed.
2.3b Employer Survey
In addition to surveying riders, the team will develop a
survey that will be distributed to major employers and
members of the business community. This survey will be
distributed electronically and provide important insights
on how well Citibus services are connecting individuals
with jobs, and how well the employers' workforces are
being served.
Task 3.0 - Data Collection and Analysis
We will compile and analyze current and historical
information to help frame the transit analysis. This
effort is aimed at developing a reasonably detailed and
comprehensive analysis of travel -related factors and
transit performance.
3.1 Review of Existing Data
Base Data
The objective of this activity is to review factors that
influence transit usage. This effort will support tasks that
evaluate current public transportation operations. It will
also help us to formulate service alternatives that address
current and anticipated problems.
A number of factors are correlated with and suggest
the need for public transit service. They describe the
socioeconomic, geographic, and land use characteristics
of the community. Socioeconomic factors suggesting
transit -dependency and transit usage include:
Population size, distribution, and density
Automobile ownership
City of Lubbock Fixed Route Study 22
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING
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• Household income
• Age of population
Current demographics, including data at the census
tract and block level, where available, will be reviewed.
We will look at the area population density and identify
concentrations of youth and elderly populations, and
zero -vehicle households. These factors tend to correlate
with transit -dependent populations and often reflect
high -ridership -potential areas. We will also ensure that all
environmental justice information is evaluated.
Finally, the location and size of major trip generators
are important factors in the use of public transportation
and the feasibility of new services. Important generators
include:
• High-density housing complexes
• Major employers and employment centers
• Shopping centers and major shopping areas
• Schools
• Hospitals
• Social service agencies
• Civic facilities
The SRF team will incorporate major trip generators
information as part of its base data. This analysis will
provide a picture of the locations that can generate the
highest levels of transit travel desires and areas to which
transit services should be directed.
Route Analysis
We will thoroughly review the services and performance of
the fixed -route and operations of Citibus. Ridership data
currently collected by Citibus and Texas Tech University
will be used for this detailed analysis.
The team will review information for the system from the
following sources:
• Route travel time data
• Passenger counts and fare classification
• Route performance reports
• Daily service requirements
• Public timetable and system route maps
• Fare structure
• Headway sheets
• Annual operating budget
• List of equipment and facilities
City of Lubbock Fixed Route Study 23
Operator labor agreement
• Work rules
A route assessment will be conducted
using the key productivity measures of
passenger per bus -mile and passengers
per bus -hour. This information will be
mapped to show the best and poorest
productivity performers.
System Analysis
In addition to reviewing the route specific
operations of the fixed -route service,
the team will analyze system operations
through a comparison with peer systems.
System level analysis of general data will
offer indicators that can better inform
planning and policy recommendations.
Additionally, as various funding scenarios
are examined, the peer analysis will present
an understanding of industry standards so
that Citibus staff have clarity as they look to
meet financial need. The team will evaluate
the following performance measures:
• Service Provided and Consumed —
Examine trends over the analysis period
of hours, miles, passengers, expenses,
and revenues. It will also examine the
trends in the measures of revenue
hours per capita, and passengers per
capita, and the relationships between
the two measures.
• Service efficiency — Examine the
amount of public transportation
service produced for the community
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in relation to the resources expended.
Service efficiency asks the question,
"How much does it cost to produce
a unit of public transportation service?" The total
operating expense per revenue hour measure is the
starting point for assessing this performance.
Service effectiveness — Examine the consumption
of transit service in relation to what is available. The
passengers per revenue hour measure is used to assess
service effectiveness.
• Cost effectiveness — Examine the consumption of
transit services in relation to the resources expended.
The total operating expense per passenger is used to
assess cost effectiveness.
• Passenger revenue effectiveness — Examine the share
of operating expense that is borne by the consumers
of the public transportation service. Three measures
(operating ratio, average fare per passenger, and
subsidy per passenger) are used to assess passenger
revenue performance.
The team will work with staff to select a peer group and
prioritize these performance measures.
City of Lubbock Fixed Route Study 24
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING
3.2 Service Area Field Observations
One of the best ways to get a feeling for the local
transit system is to spend time observing firsthand
the conditions within which service is operating and
identifying potential areas for change. We typically use
three techniques to complete this level of total assessment:
1. Ride the routes in the system across the service span
2. Drive through the community to look at current
conditions and opportunities for change
3. Observe system personnel in action
Riding the routes allows us to see how bus operators
interact with passengers, observe traffic conditions and
boarding/alighting movements, and probably most
beneficial, talk with customers directly about their travels
and how well transit service meets their needs. Driving
across the community provides an opportunity to form
opinions on directness of travel, density, income levels,
opportunity for service redesign, major generators
without services, and how well the transit service appears
to fit the conditions. The drive -around also lets us observe
the condition of existing transit facilities and how well
they connect with the community.
Finally, having a chance to observe and talk with some of the
operations personnel provides opportunities to see how
smoothly the system functions. From those observations,
we can generate ideas of policy or procedural changes that
might benefit the system or perhaps equipment or facility
changes.
Upon completing our field reviews, we will summarize
our observations and review them with staff to ensure
that we have correctly interpreted conditions and not
missed any important components to review.
3.3 Evaluation of Existing Service
The information we have collected for each route will
be compiled into route profiles. The profiles, usually
represented by summary tables and graphics, depict the
route operations and service utilization information.
Common elements included in a route profile are:
• Revenue miles by time period by day of week
• Revenue hours by time period by day of week
• Highest use boarding segments
• On-time performance by direction by time period by
day of week
• Level of transfers
• Revenue generation
Highest and lowest use segments and stops are often
depicted graphically to help analyze system performance.
After compiling the route profiles, our team will critically
review each route according to a rigorous process. We will
look to evaluate key factors in order to optimize route
performance. The factors on which we will concentrate
include:
• Headways (service frequencies)
• Passenger loads by route segments relative to capacity
• Route complexity, including deviations and turnbacks
• Locations of transfer centers, opportunities for timed
transfers
• Equipment utilization
• Directness and redundancy of route alignments
• Scheduling arrival/departure times at key generators
• Transfer needs and opportunities
• Interlining (scheduled through routes)
• Layover and terminal locations and recovery times
• Bus stop locations
• Operating hours, days of service
• Schedule adherence/running times
In completing this preliminary analysis, the team will
have an understanding of the market for transit in the
Lubbock area. The team will be able to identify areas
that are well served by Citibus, and where there is a lack
of market penetration. Further, the team will be able to
understand the context of each route that presents high
performance in terms of efficiency and effectiveness and
apply it to the first set of recommendations and topics of
investigations for deliverables under Task 4.0.
City of Lubbock Fixed Route Study 25
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING 7
Task 4.0 - Develop Service Options
4.1 Develop Recommendations for Transit
Service Given Existing Level of Resources
After completing the base data analysis, we will begin
the process of developing and analyzing potential
improvement options. All options should be consistent
with identified local needs and support the future vision
for transit in the community. To be successful as a
transportation mode, transit service needs to offer the
correct blend of area coverage and frequency so that
access is easy and service is user-friendly. It is a valuable
study effort to review service modifications that can be
achieved if there are local opportunities to increase the
investment in transit services.
4.2 Develop Recommendations Based on
Incremental Increases or Decreases in
Transit Investment
Analysis of incremental modifications is something
with which the SRF Team is very familiar. We have
experience developing various service concepts that look
to balance coverage and frequency, and recommend
modifications at a variety of geographic scales. The data
collected in Task 3 will give our team an understanding
of the Citibus operating and capital cost structure, and
recommendations can be made based on marginal cost
increases or decreases.
The incremental analysis will identify system changes
in a priority fashion in steps of 5 percent increases in
operating costs up to a 20 percent increase in system costs.
The team will work with staff to sketch plan the analysis
concepts for each stage of the analysis and then conduct
an analysis of costs, benefits and impacts of each of the
steps. Complementary to this, our team will also develop
service options that reflect corresponding reductions in
investments.
One of the things that we will suggest to include in
the incremental analysis is to use a measure of transit
supportive land uses as the gauge for route deployment.
In our recent work, we have used the benchmarks of a
minimum residential density of three dwelling units per
acre or an employment density of four jobs per acre as the
cutoff for supporting fixed route transit service. We will
work with the local stakeholders to define the measures
that best fit the community.
1
Within the incremental analysis we expect to initially
consider frequency, span and coverage changes, and
possibly get to the point of incorporating more significant
service type and orientation changes. Some of the most
straightforward changes will come from modifying the
frequency of key routes and expanding the span of
service. Examples we have tested in other locations
include modifying 30 minute service to 20 minutes for
portions of the day, adding service later in the evenings,
and expanding the level of weekend service. We will work
with staff to lay out reasonable test plans that build upon
the current successes of the system and look to plug gaps
in existing geographic or temporal coverage. Our team
will develop a total of eight scenarios in this task.
4.3 Develop Budget and Service Scope for
Reaching All Markets and Meeting Needs
Identified in this Study
Finally, supported by an understanding of peer transit
systems and the data collected to date in this project, the
SRF Team will develop a system that reasonably serves all
transit markets in the Lubbock area, and develop a set of
policy recommendations that will set a direction toward
that level of transit service. This scenario will incorporate
local long range plans and population forecasts provided
by staff in its evaluation.
Stakeholder Review of Outcomes
Based on the evaluation of the service options developed,
our team will conduct a work session with stakeholders
to present the service plan and outcomes. The desired
outcome of the work session is a clear direction on the
service options to be carried forward for implementation.
City of Lubbock Fixed Route Study 26
WE
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING
Our expertise in both service design and evaluation
of costs, benefits, and impacts of service changes will
assure the community that we have conducted a fair and
reasonable analysis of service change options. The SRF
Team will work with local stakeholders to identify the
measures that can be used to evaluate these concepts.
Measures such as change in net cost, gross cost, ridership,
fare revenue, revenue miles, revenue hours, and fleet are
easily generated. Additional measures such as percent
of community within easy access or percent of transit
dependents within easy access are also good measures to
consider.
4.4 Prepare Report Identifying Transit
Markets and Service Options
A variety of service improvement types will be considered,
including operating strategies, routing improvements,
and system changes.
Routing Improvements
Routing improvements are intended to expand the
availability of service in the community, and they include:
• Route extensions to respond to existing and proposed
development in the area. Additional equipment may
need to be allocated for the expansion of service.
• Route modifications to improve service directness
and on-time performance. The results from the
boarding/alighting survey will influence this type of
improvement.
• New routes to satisfy present and prospective
deficiencies in coverage.
System Changes
This category of improvements is principally concerned
with a major review of the system and the types of
services provided, including:
• Service redistribution to improve overall efficiency
by re -allocating resources from less productive areas
and/or routes to meet more pressing needs. This
always has to be weighed against the needs of users in
the light ridership areas.
• Downtown bus stop locations will be evaluated to
facilitate swift passenger circulation. The location
of the downtown transfer center will be carefully
considered to determine its impact on scheduling and
passenger circulation.
Other network changes to determine whether or not
additional transfer locations should be established in
the community.
Service -type change to perhaps use paratransit or
route deviation in lieu of fixed route transit in some
market areas or during some time periods.
Particular emphasis will also be placed on options that
will lead to integration with other service providers in
the area. The options identified will need to be consistent
with the vision adopted earlier in the project. During this
task, we will sketch out and define alternatives to assess:
• Service levels by hour of the day and week
• Ridership impacts
Fit with goals and objectives
We will prepare a summary of the alternatives and
review the findings with staff. Following the adoption
of this report, the SRF Team will be available to review
and offer guidance on proposed run cuts for the Citibus
system that would begin the implementation of this
study's recommendations. The first step in run cutting is
to determine running times on each route. This will be
accomplished by reviewing those routes/route segments
where there appears to be difficulty adhering to the public
schedule. The review process will include input from
drivers and supervisors.
Summary of Written Deliverables
• Development, deployment, and evaluation of Citibus/
Texas Tech rider survey
• Monthly written progress reports to transit board
and staff
• Preliminary report summarizing Citibus performance
analysis, market analysis, and field observations
• Draft report of service recommendations:
- To document the entire process, our team will
prepare a comprehensive operations analysis
report. This report will contain implementation
recommendations and details necessary for staff
to carry out the modifications. The report will
also provide a basis for local decision -makers and
stakeholders to understand the study process well
enough to be reassured that ample opportunities
were provided for input, review and adjustment
before the final recommendations were proposed.
City of Lubbock Fixed Route Study 27
C. TECHNICAL APPROACH & PROJECT UNDERSTANDING
That level of buy -in should help establish support
to move forward with the implementation plans.
The SRF Team will provide a draft report for
staff review and input and then finalize the
documentation as needed. If needed, we will
produce other supportive information that can be
used for public displays, web -based presentations,
or formal presentations such as PowerPoint. We
will provide up to 15 copies of the formal report,
if requested, and an electronic copy in PDF
format.
Final report
3. Overview of City
Responsibilities
• Provide access to community demographic data
(current and projected)
• Provide access to 5 years of transit operations data (at
the route level where possible)
• Provide stop -level boarding for a one -day sample, or
equivalent
• Identify key stakeholders to include in needs
discussions
• Prompt review of draft deliverables
• Assistance with distribution and tabulation of
customer surveys
• Provide access to transit financial reports identifying
costs and revenues
City of Lubbock Fixed Route Study 28
161ENGINEERS
PLANNERS
D ESIGNERS
Consulting Group, Inc.
December 13, 2012
Ms. Tiffini Lennon
Buyer
CITY OF LUBBOCK
1625 13th Street
Lubbock, TX 79401
SUBJECT: BEST AND FINAL OFFER FOR RFP 13 -10983 -TL CONSULTANT SERviCEs FIXED ROUTE STUDY
Dear Ms. Lennon:
SRF Consulting Group, Inc. is pleased to submit our best and final offer to provide professional consulting
services for a Fixed Route Study for the City of Lubbock. The SRF team includes Bourne Transit Consulting,
LLC from Ames, Iowa, and Translating Services, LLC, a Texas Certified DBE located in Lubbock. We will
meet or exceed the project's DBE requirement of 1%.
Our best and final offer is $98,575. This not -to -exceed cost is based on an hourly fee basis and includes both
labor and direct expenses for the project. A breakdown of our cost is attached to this letter.
We appreciate this opportunity to work with the City of Lubbock and are confident that you will find the
SRF team highly -qualified to meet your planning needs. Should you have any questions, please contact Joe
Kern by phone at 763.475.0010 or e-mail at jkem@srfconsulting.com.
Sincerely,
SRF CONSULTING GROUP, INC.
Tse7phj.ern
Principal
r4�David K. Montebello, PE (MN MI)
President
SRF No. P12704
www.srfconsuIting.com
One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 1 763.4.75.0010 Fax: 763.475.2429
An Equal Opportunity Employer www.srfronsulfing.com
Best and Final Offer for RFP 13 -10983 -TL Consultant Services Fixed Route Study
2 Staff, Stakeholder and Public Inptn
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3.1 a Performance Analysis (Transit agency/ University Data,
Peer Review)
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4.1 Develop recommendations for transit service given existing
level of resources
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4.3 Develop budget and service scope for reaching all markets
and meeting needs identified in this study
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Content for web -based and paper surveys
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Report summarizing preliminary information on Citibus
system, including field observations, peer performance analysis,
and market analysis
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Draft report of service recommendations and investment
scenarios
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EXHIBIT D
RFP 13 -10983 -TF Consultant Services —Fixed Route Study
FTA Clauses
ENERGY CONSERVATION REQUIREMENTS
do 42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third parry contractors and their contracts at every
tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation requirements are
so dependent on the state energy conservation plan. The following language has been developed by FTA.
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating
to energy efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
Date: 11/09/12
of Authorized
Title: David K. Montebello — President
Company Name: SRF Consulting Group Inc.
RFP 13 -10983 -TF 22
CE
RFP 13 -10983 -TF Consultant Services — Fixed Route Study
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the
following language developed by FTA contains all the mandatory requirements.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser
will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
Title: David K. Montebello — President
Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF 23
RFP 13 -10983 -TF Consultant Services — Fixed Route Study
19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Mandatory Clause/Language
- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seg.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated
by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT
implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which
provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part
20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on
Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to
the recipient.
RPP 13 -10983 -TF 24
LOBBYING
PAGE 1 OF 2
31 U.S.C. 1352
49 CFR Part
19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Mandatory Clause/Language
- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seg.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated
by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT
implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which
provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part
20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on
Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to
the recipient.
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LOBBYING
PAGE 2 OF 2
QDAPPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted 144th each bid or offer exceeding x'100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, David K. Montebello , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Date: 11/09/12
Signature of Authorized Official 4—/. --- -, W-1 6
Title: President
Companv Name: SRF Consulting Group. Inc.
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RFP 13 -10983 -TF Consultant Services — Fixed Route Study
ACCESS TO RECORDS AND REPORTS
PAGE 1 OF 2
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability, to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the language
provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or
his authorized representatives, including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition threshold
currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the
United States or any of their duly authorized representatives with access to any books, documents, papers
and record of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)l) through other than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
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RFP 13 -10983 -TF Consultant Services —Fixed Route Studl
ACCESS TO RECORDS AND REPORTS
PAGE 2 OF 2
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three (3) years after the date of termination or expiration of this contract,
except in the event of litigation or settlement of claims arising from the performance of this contract, in
which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
RFP 13 -10983 -TF 27
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RFP 13 -10983 -TF Consultant Services — Fixed Route Study
FEDERAL CHANGES
49 CFR Part 18
Applicabili!y to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and FTA, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
The Contractor certifies that he has read and will comply with the statements above.
2
Title: David K. Montebello — President
40 Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF 29
RFP 13 -10983 -TF Consultant Semces — Fixed Route Study
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities
where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in partwith Federal assistance provided by FTA.
Title: David K. Montebello — President
4) Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF 30
RFP L3 -10983 -TF Consultant Services — Fixed Route Study
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this concept should
flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have
contractual liability to third parties, absent specific written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this contract
and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
A
Title: David K. Montebello — President
Company Name: SRF Consulting Group, Inc.
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RFP 13 -10983 -TF Consultant Services — Fixed Route Study
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 3118 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit covered
claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § § 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
IN
Title: David K. Montebello — President
Company Name: SRF Consulting Group, Inc.
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TERMINATION
PAGE 1 OF 4
49 U.S.C.Part 18
FTA Circular 4220.11)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of higher
education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including
the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit
organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts
shall describe conditions under which the contract may be terminated for default as well as conditions
where the contract may be terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the exception of
contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to
be used in different types of contracts:
a. Termination for Convenience (General Provision) Citibus may terminate this contract, in whole or
in part, at any time by written notice to the Contractor when it is in the Government's best interest. The
Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to Citibus to be paid
the Contractor. If the Contractor has any property in its possession belonging to Citibus, the Contractor
will account for the same, and dispose of it in the manner the Citibus directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services, the
Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply
with any other provisions of the contract, Citibus may terminate this contract for default. Termination
shall be effected by serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by Citibus that the Contractor had an excusable reason for not performing, such as
a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor,
Citibus, after setting up a new delivery of performance schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
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TERMINATION
PAGE 2 OF 4
c. Opportunity to Cure (General Provision) Citibus in its sole discretion may, in the case of a
termination for breach or default, allow the Contractor {an appropriately short period of time) in which
to cure the defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions.
If Contractor fails to remedy to Citibus's satisfaction the breach or default or any of the terms, covenants,
or conditions of this Contract within {ten (10) days) after receipt by Contractor or written notice from
Citibus setting forth the nature of said breach or default, Citibus shall have the right to terminate the
Contract without any further obligation to Contractor. Any such termination for default shall not in any
way operate to preclude Citibus from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that Citibus elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by Citibus shall not
limit Citibus's remedies for any succeeding breach of that or of any other term, covenant, or condition of
this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) Citibus, by written
notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this
contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this
contract for services rendered before the effective date of termination.
C Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the Contractor fails to
40 comply with any other provisions of this contract, Citibus may terminate this contract for default. Citibus
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of Citibus.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities
or to perform the services, including delivery services, within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract, Citibus may
terminate this contract for default. Citibus shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this contract.
RFP 13-10983-7F 34
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TERMINATION
PAGE 3 OF 4
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall,
upon direction of Citibus, protect and preserve the goods until surrendered to Citibus or its agent. The
Contractor and Citibus shall agree on payment for the preservation and protection of goods. Failure to
agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of Citibus.
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or
any separable part, with the diligence that will ensure its completion within the time specified in this
contract or any extension or fails to complete the work within this time, or if the Contractor fails to
comply with any other provisions of this contract, Citibus may terminate this contract for default. Citibus
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, Citibus may take over the work and compete it by contract or otherwise, and may
take possession of and use any materials, appliances, and plant on the work site necessary for completing
the work. The Contractor and its sureties shall be liable for any damage to Citibus resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's
right to proceed with the work is terminated. This liability includes any increased costs incurred by
Citibus in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under
this clause if -
1. the delay in completing the work arises from unforeseeable causes beyond the control and without the
fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of Citibus, acts
of another Contractor in the performance of a contract with Citibus, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within (ten (10)) days from the beginning of any delay, notifies Citibus in writing of the
causes of delay. If in the judgment of Citibus, the delay is excusable, the time for completing the work
shall be extended. The judgment of Citibus shall be final and conclusive on the parties, but subject to
appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the
termination had been issued for the convenience of Citibus.
i. Termination for Convenience or Default (Architect and Engineering) Citibus may terminate this
contract in whole or in part, for Citibus' convenience or because of the failure of the Contractor to fulfill
the contract obligations. Citibus shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the
Contractor shall (1) immediately discontinue all services affected (unless the notice directs
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TERMINATION
PAGF. 4 nF 4
otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract, whether
completed or in process.
If the termination is for the convenience of Citibus, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, Citibus may complete
the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by
Citibus.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of Citibus.
j. Termination for Convenience of Default (Cost -Type Contracts) Citibus may terminate this contract,
or any portion of it, by serving a Notice or Termination on the Contractor. The notice shall state whether
the termination is for convenience of Citibus or for the default of the Contractor. If the termination is for
default, the notice shall state the manner in which the contractor has failed to perform the requirements of
the contract. The Contractor shall account for any property in its possession paid for from funds received
from Citibus or property supplied to the Contractor by Citibus. If the termination is for default, Citibus
may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if
any, of work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to Citibus and the parties shall negotiate the termination settlement to be paid the
Contractor.
If the termination is for the convenience of Citibus, the Contractor shall be paid its contract close-out
costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to
the time of termination.
If, after serving a Notice of Termination for default, Citibus determines that the Contractor has an
excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are
beyond the control of the contractor, Citibus after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
The Contractor certifies that he has read and will comply with the statements above.
Title: David K. Montebello - President
Company Name: SRF Consulting Group, Inc.
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GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
PAGE 1 OF 2
49 CFR Part 29
Executive Order 12549
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT
published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation
implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and
Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or
exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing
services. 49 CFR 29. 220(b). This represents a change from prior practice in that the dollar threshold for
application of these rules has been lowered from $100,000 to $25,000. These are contracts and
subcontracts referred to in the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to
verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is
not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b)
Collecting a certification from that person, or (c) Adding a clause or condition to the contract or
subcontract. This represents a change from prior practice in that certification is still acceptable but is no
longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the
40 entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own
subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of
verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required
to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at
49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency name). If
it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to {insert agency name), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lover tier covered transactions.
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RFP 13 -10983 -TF Consultant Services — Fixed Route Study
SUSPENSION
PAGE 2 OF 2
49 CFR Part 29
Executive Order 12549
Title: David K. Montebello — President
Company Name: SRF Consulting Group Inc.
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RFP 13 -10983 -TF Consultant Services — Fixed Route Study
PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are
organized so that information could be retrieved by personal identifier, the Privacy Act requirements
apply to all contracts.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their contracts at
every tier.
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has been
developed by FTA.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal Government
under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the Federal
Government. The Contractor understands that the requirements of the Privacy Act, including the civil and
criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply
with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system
of records on behalf of the Federal Government financed in whole or in part with Federal assistance
provided by FTA.
Title: David K. Montebello - President
Company Name: SRF Consulting Group, inc.
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RFP 13 -10983 -TF Consultant Services — Fixed Route Studt
CIVIL RIGHTS REQUIREMENTS
PAGE 1 OF 1
29 U.S.C. § 623,42 U.S.C. § 2000; 42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332; 29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has
shortened the lengthy text.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Oce of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec ., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future
affect construction activities undertaken in the course of the Project. The Contractor agrees to take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
RFP 13 -10983 -TF 40
M
RFP 13 -10983 -TF Consultant Services —Fixed Route Stud%
CIVIL RIGHTS REQUIREMENTS
PAGE 2 OF 2
29 U.S.C. § 623, 42 U.S.C. § 2000; 42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332; 29 CFR Part 1630, 41 CFR Parts 60 et seq.
Title: David K. Montebello - President
Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF
41
RFP 13 -10983 -TF Consultant Services — Fixed Route Study
BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions
for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other
appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are developed will
depend on the circumstances and the type of contract. Recipients should consult legal counsel in
developing appropriate clauses. The following clauses are examples of provisions from various FTA third
party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of Citibus' General Manager. This
decision shall be final and conclusive unless within five (5) working days from the date of receipt of its
copy, the Contractor mails or otherwise furnishes a written appeal to the General Manager. In connection
with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the General Manager shall be binding upon the Contractor and the
Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by Citibus, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts he
is legally liable, a claim for damages therefor shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters
in question between Citibus and the Contractor arising out of or relating to this agreement or its breach
will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within
the State of Texas where Citibus is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. No action or failure to act by Citibus,
{Architect} or Contractor shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
The Contractor certifies that he has read and will comply with the statements above.
Title: David K. Montebello — President
Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF 42
RFP 13 -10983 -TF consultant Services —Fixed Route Study
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE)
program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and
contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation
where specific contract goals have been set, reporting requirements, and replacement of DBE
subcontractors. Additionally, the DBE program dictates payment terms and conditions (including
limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below
must be included in all contracts above the micro -purchase level. The requirements of clause subsection b
flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see
section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause
subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment terms and
conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE
subcontractors. The suggested language allows for the options available to grantees concerning retainage,
specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals
have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is
10%. The agency's overall goal for DBE participation is 1%. A separate contract goal of 1% DBE
participation has been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in
the award and administration of this DOT -assisted contract. 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 Citibus deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of
this contract is conditioned on submission of the following concurrent with and accompanying an initial
proposal:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
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RFP 13 -10993 -TF Consultant Services — Fixed Route Study
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal;
40 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime
contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidder/offeror's must present the information required above as a matter of responsiveness with initial
proposals (see 49 CFR 26.53(3)).
d. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for
that work from Citibus. In addition, the contractor may not hold retainage from its subcontractors.
e. The contractor must promptly notify Citibus whenever a DBE subcontractor performing work related to
this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of Citibus.
Title: David K. Montebello — President
0 Company Name: SRF Consulting Group Inc
RFP 13 -10983 -TF 44
RFP 13 -10963 -TF Consultant Services - Fixed Route Study
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of tenns language:
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part,
certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the
preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply
with any Citibus requests which would cause Citibus to be in violation of the FTA terms and conditions.
The Contractor certifies that he has read and will comply with the statements above.
Title: David K. Montebello — President
0 Company Name: SRF Consulting Group, Inc.
RFP 13 -10983 -TF 45
EXHIBIT E
Consultant Services — Fixed Route Study
CITY OF LUBBOCK, TEXAS
RFP 13 -10983 -TF
III. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind
the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and
which shall furnish and contain all required information referenced or indicated thereon. THE CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section
during the effective period of the contract and to require adjustment of insurance coverages and their
limits when deemed necessary and prudent by the City based upon changes in statutory law, court
decisions, or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts
as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the
duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
TYPE AMOUNT
1. Worker's Compensation Statutory
and
Employers Liability $1,000,000
2. Commercial General (public) Liability insurance including coverage for the following:
a. Premises operations
b. Products/completed operations
c. Personal injury
d. Advertising injury
e. Contractual liability
3. Comprehensive Automobile
Liability insurance, including
Coverage for loading and unloading
hazards, for:
a. Any Auto
3. Professional Liability
Combined single limit for
bodily injury and property
damage of $1,000,000 per
occurrence or its equivalent.
Combined single limit for
bodily injury and property
of $1,000,000 per occurrence
or its equivalent.
$1,000,000
The City of Lubbock shall be named as an additional insured on Auto/General Liability on a
primary and non-contributory basis with a waiver of subrogation in favor of the City on all
coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number
for which the insurance is being supplied. Copies of endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and
all endorsements thereto and may make any reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage, or any
other loss to the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or proposal
number for which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such
notices not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13`h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied
by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial
of liability by the insurance company exonerate the Contractor from liability.