NOTICE OF AUGUST 16, 2017 REGULAR MEETING OF MEMBERS AND BOARD OF DIRECTORS
To: Board of Directors and Members
PURSUANT to the call of a majority of the Board of Directors named in the Certificate of Formation of the Corporation, NOTICE IS HEREBY GIVEN that the Board of Directors and the Members of The Woodlands Convention and Visitors Bureau, a Texas non-profit corporation (the “Corporation”), will meet at the principal office of the Corporation, at 2801 Technology Forest Boulevard, The Woodlands, Texas 77381, on August 16, 2017, at 11:30 a.m., for the purpose of:
1. Pledge of Allegiance;
2. Call to order and adoption of Agenda;
3. Public Comment;
4. Receive, consider act upon Minutes from May 17, 2017 Special Board Meeting;
5. Receive, consider and act upon Financial Report through June 2017;
6. Receive, consider and act upon appointments to The Woodlands Convention and Visitors Bureau Marketing Committee;
7. Receive, consider and act upon 2017 Trade Show participation of The Woodlands CVB;
8. Receive, consider and act upon Incentive Funds Request from the Universities Space Research Association;
9. Receive, consider and act upon Cvent Supplier Partnership renewal;
10. Receive, consider and act upon a partnership with ADARA;
11. Receive, consider, and act upon the potential implementation of a bike share program and the issuance of a possible Request for Proposal;
12. Recess to Executive Session to discuss matters relating to real property pursuant to §551.072, Texas 12. Recess to Executive Session to discuss matters relating to real property pursuant to §551.072, Texas Government Code; deliberation of economic development negotiations pursuant to §551.087, Texas Government Code; discuss personnel matters pursuant to §551.074, Texas Government Code; and to consult with the Corporation's attorney pursuant to §551.071, Texas Government Code;
13. Reconvene in public session;
14. Receive, consider and act upon any matters regarding Staff Initiatives;
15. President’s Report;
16. Board Announcements;
17. Agenda items for next meeting;
18. Adjournment.
Dated at The Woodlands, Texas, the 11 day of August, 2017.
______President of The Woodlands Convention & Visitors Bureau
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider act upon Minutes from May 17, 2017 Special Board Meeting;
BACKGROUND: See attached.
RECOMMENDATION Approve as presented.
Attachments May 17, 2017 Minutes
May 17, 2017 11:30 a.m. MINUTES OF MEETING BOARD OF DIRECTORS MEETING THE WOODLANDS CONVENTION & VISITORS BUREAU
The Board of Directors for The Woodlands Convention & Visitors Bureau (TWCVB) of Montgomery County, Texas held their Board Meeting on May 17, 2017 at The Woodlands Township located at 2801 Technology Forest Boulevard, The Woodlands, Montgomery County, Texas, 77381 at 11:30 a.m. The roll was called and those in attendance were:
Present: Bruce Rieser, Chairman John Anthony Brown, Vice Chairman Brian Boniface, Director J.J. Hollie, Director Don Norrell, Director Kevin Viteri, Director Absent: Fred Domenick, Secretary/Treasurer Staff Present: Nick Wolda, TWCVB President; Elizabeth Eddins, TWCVB Assistant Director; Bret Strong, TWCVB Legal Counsel; Emilie Harris, TWCVB Brand Development Manager; Alie Broussard, TWCVB Convention Development Manager; Molly Jennings, TWCVB Marketing Specialist; Josie Lewis, TWCVB Convention Development Specialist; Danielle Gatlin, TWCVB Administrative Assistant; Mariana Almanza, TWCVB Intern; Monique Sharp, The Woodlands Township Assistant General Manager Finance & Administration; John Powers, The Woodlands Township Assistant General Manager of Community Services; Matthew Carpenter, The Woodlands Help Desk Supervisor; Stacie Luna, The Woodlands Help Desk Analyst Attendees: Lindsay Bosman Callaway, Conroe ISD
1. Pledge of Allegiance;
2. Call to order and adoption of Agenda;
Motion by Director J.J. Hollie, seconded by Director Brian Boniface to adopt the meeting agenda. Vote: 6 - 0 Passed
The meeting was called to order at 11:32 a.m.
3. Public Comment;
Lindsay Bosman Callaway approached the podium to speak on the new Hospitality and Tourism program that Conroe ISD is implementing into all five, soon to be six, high schools. This class will be open to 10-15 students. CISD will be partnering with Carlton Woods Country Club and Hyatt Place Convention Center. CISD will also possibly be partnering with The Woodlands Waterway Marriott.
4. Consider and approve Minutes from the April 19, 2017 Regular Board Meeting;
Motion by Vice Chairman John Anthony Brown, seconded by Director Brian Boniface to approve Minutes from the April 19, 2017 Regular Board Meeting. Vote: 6 - 0 Passed
Motion passed unanimously.
5. Consider and receive CVB Financial Report through March 2017;
Motion by Vice Chairman John Anthony Brown, seconded by Director J.J. Hollie to approve CVB Financial Report through March 2017. Vote: 6 - 0 Passed
Monique Sharp approached the podium to present the CVB Financial Report through March of 2017. The year to date budget is $717,000 with actual revenues being $468,000 leaving a $249,000 unfavorable variance. The components of this are from operating transfers that were budgeted at $316,000 but only transferred $30,000 due to $230,000 favorable variance in expenditures. The Township only funds what the Township needs which created this difference. The Supplemental Hotel Occupancy Tax which is a 2% tax is favorable by about $36,000 in the 1st quarter. The favorable variance in expenditures are due to timing differences of when items are budgeted to actually being incurred. Motion passed unanimously.
6. Special Election: Directors elect hospitality representative to The Woodlands CVB Board of Directors;
Motion by Director Brian Boniface, seconded by Director J.J. Hollie to approve Special Election: Directors elect hospitality representative to The Woodlands CVB Board of Directors. Vote: 6 - 0 Passed
Chairman Rieser explained that a Director position is available due to the resignation of Greg Parsons. Chairman Rieser invited Bret Strong to explain the procedure. Mr. Strong explained that according to section 3.5 of the CVB bylaws that any seat vacated by director prior to the directors term ending shall be filled by an affirmative vote by the majority of the remaining directors. A director elected to fill a directors vacancy shall be elected for the remainder of the term of the previous director. The seven elected directors are elected at the Annual meeting every year. What needs to be done is essentially a motion from the floor and a vote from the Board to fill the vacancy. Chairman Rieser then explained that Kevin Viteri, General Manager of Embassy Suites has been nominated and expressed his support. Motion passed unanimously.
Director Viteri took his place with the Board and gave his background in the community.
7. Receive and discuss the 2018 Budget;
Motion by Director J.J. Hollie, seconded by Director Brian Boniface to authorize CVB staff to submit 2018 draft budget to The Woodlands Township Board of Directors for approval. Vote: 6 - 0 Passed
President Wolda explained that the CVB is currently working on the draft budget for 2018 and introduced Monique Sharp to speak on the process of how the budgets are built. Ms. Sharp explained that the Township staff is currently working on the draft budgets that will go to the Township Board who has scheduled workshops in August to review the budgets. The CVB will build its draft then take it to the Township Board. Then after the Township approves it will come back to the CVB Board for final approval. President Wolda would like to go over the minor changes that are being proposed in the budget. The overall budget from 2017 to 2018 is about a 1.3% difference. The increase in the conferences item is not an actual increase from realignment in the other line items that were not being utilized fully. Emilie Harris, Brand Development Manager, approached the podium to speak on the changes in the Allocated Event Advertising line item. There were two initiatives added to this. New events will be pulled from budget line category Other Events Advertising. Last year, Inspire Film Festival was pulled from Other Events Advertising this year it will be moved to Allocated Event Advertising along with US Mexico Chamber of Commerce's Medical Tourism Initiative. The Incentive Fund has not been utilized fully so that item is being partially reallocated. The Woodlands Guide and the Current Newsletter have been historically under-utilized, due to the world becoming more digital, this creates another line item. Postage and Delivery is another line item that was able to be reduced and reallocated to the conferences budget. President Wolda ran a slide slow presentation of the 2018 budget. The first item is to develop and implement a consistent lead process for remarketing. The CVB really wants to add a personal touch to the leisure visitor. The Woodlands Convention and Visitors Bureau will set standard practices for travel writers.Continue market research by investing in a tool like Adara. This measures click through rates, travelers and where they actually book once they look into The Woodlands. Bike Share program with the hotels and enhancements to the Trolley system. Along with these new initiatives is a permanent lighting of the Lake Robbins Bridge and Inspire Film Festival. Medical Tourism initiative creating a concierge service and lastly converting the current intern position into a part time position. Chairman Rieser feels that the Trolley initiative is important to reach all of the hotels and fully utilize them. Vice Chairman Brown would like to see the ones currently owned by the Township be filled before expanding. Director Boniface asked about the Bike Share program and President Wolda explained that this is very preliminary and the CVB has reached out to the hotels to determine the demand for this program. With that being established, the CVB will further the research and bring back to the Board for guidance. Director Norrell suggested that the CVB consider funding a study with HDR to get an accurate picture of what is feasible in changing the Trolley system that is now in place. Chairman Rieser is supportive of this plan and felt that this would be more of an overlay of the program versus a complete renovation of the current plan. President Wolda will place this item in the narrative to do research on but not actually list with a dollar amount. Director Hollie commented that The Woodlands Chamber of Commerce is also becoming involved in the US Mexico Chamber of Commerce in support of Medical Tourism. Director Viteri asked about the Adara program tracking click through rates and bookings. He is interested in knowing if this will send an ROI report for the Board to see. Ms. Harris explained that this is the beginning of the research and once approved to move forward the CVB staff will do the research and bring a proposal back for the Board to make a decision about investing in this program. Director Norrell asked about staff bringing back a report from the hotels in The Woodlands about the trade shows that come to the area to build a database on the success. Chairman Rieser asked for an additional report on the trade shows for 2018 for the CVB staff to market. President Wolda offered to put this information together and do additional research with the hotels to be able to bring back this information to the Board. Director Viteri would like to see an ROI report from the trade shows that the CVB has attended to track the success of attending these shows to determine which shows should be attended in the future. President Wolda explained that this is the first year that the CVB has attended this level of trade shows and is currently working on a trackable measure of success and will be bringing that back to the Board. Director Viteri would like to propose putting a discount to the Texas Childrens Hospital patients that are using the hotels to like to propose putting a discount to the Texas Childrens Hospital patients that are using the hotels to create a way to track the visits as a measure of success and the Board was supportive. President Wolda explained that the draft budget has to be submitted by the next Friday and asked for a motion to authorize the staff to submit the draft budget to the Township Board.
8. Receive, consider and act upon any matters regarding Staff Initiatives;
President Wolda suggested bypassing this item and sending the initiatives out by email. The Board agreed to bypass.
9. Recess to Executive Session to discuss matters relating to real property pursuant to §551.072, Texas Government Code; deliberation of economic development negotiations pursuant to §551.087, Texas Government Code; discuss personnel matters pursuant to §551.074, Texas Government Code; and to consult with the Corporation's attorney pursuant to §551.071, Texas Government Code;
Recessed at 12:32 p.m.
10. Reconvene in public session;
Reconvened at 12:51 p.m.
11. Receive, consider and act upon any potential real estate and facility related transactions involving The Woodlands Convention and Visitors Bureau and to authorize Chairman, President and Legal Counsel to proceed with any required discussions with third parties in support thereof;
Motion by Vice Chairman John Anthony Brown, seconded by Director Brian Boniface to approve an expenditure not to exceed $116,760 from Undesignated Reserves toward a project to construct a joint use visitor area and office space for The Woodlands CVB as a part of a Woodlands Township managed project at 2801 Technology Forest Drive. Vote: 6 - 0 Passed
12. President’s Report;
President Wolda introduced Elizabeth Eddins, Assistant Director to The Woodland CVB. Ms. Eddins approached the podium and thanked the Board and gave a brief description of her career history.
13. Board Announcements;
Chairman Rieser announced the Global Entry meeting with the EDP, Chamber of Commerce and the US Customs and Border Protection. This meeting will be to discuss a possible satellite Global Entry office in The Woodlands.
14. Agenda items for next meeting;
None at this time.
15. Adjournment.
Motion by Director Brian Boniface, seconded by Director J.J. Hollie to adjourn. Vote: 6 - 0 Passed
Meeting adjourned at 12:56 p.m.
______Fred Domenick, Secretary/Treasurer Date The Woodlands CVB Board of Directors
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon Financial Report through June 2017;
BACKGROUND: See attached.
RECOMMENDATION Approve financial report as presented.
Attachments CVB Financial Report through June 2017 GENERAL PURPOSE FINANCIAL STATEMENTS June 30, 2017
These financial statements are unaudited and intended for informational and internal discussion purposes only. THE WOODLANDS CONVENTION & VISITORS BUREAU Balance Sheet As of June 30, 2017
Assets and Other Debits Cash 1,247,461 Other Receivables 8,120 Due from Other Funds 612,730 Prepaid Expenses -
Total Assets 1,868,311
Liabilities and Fund Balance
Current Liabilities A/P and Accrued Liabilities 44,487 Due to Other Funds 60,835
Fund Balance Undesignated - CVB 1,762,989
Total Liabilities and Fund Balance 1,868,311 THE WOODLANDS CONVENTION & VISITORS BUREAU Budget and Actual For the Six Months Ended June 30, 2017
6/30/2017 6/30/2017 Favorable/ YTD Budget YTD Actual (Unfavorable) REVENUE Operating Transfers 422,519 540,017 117,498 Supplemental Hotel Occupancy Tax 918,098 955,012 36,914 Other Income - 19,750 19,750 Interest Income 250 985 735 Subtotal 1,340,867 1,515,764 174,897 (A)
GENERAL EXPENSES CVB Township Staff 301,206 249,527 51,679 Staff Development 35,250 144,862 (109,612) Facilities Expense 14,622 14,625 (3) Equipment Expense 6,792 3,853 2,939 Contracted Services 30,000 40,122 (10,122) Administrative 26,246 23,353 2,893 Subtotal 414,116 476,341 (62,225) (B)
ATTRACTIONS & EVENTS Other Festivals/Special Events 20,000 28,620 (8,620) Taste of the Town - 10,000 (10,000) Wine Week 10,000 10,000 - Woodlands Waterway Arts Festival 20,000 20,000 - The Woodlands Film Commission 10,000 10,000 - Ironman Texas - - - Subtotal 60,000 78,620 (18,620) (C)
DESTINATION MARKETING Media 309,996 482,525 (172,529) Public Relations 24,000 23,457 543 Production 69,996 98,519 (28,523) International Marketing 10,000 2,034 7,966 Cooperative Marketing 10,000 21,825 (11,825) Group Sales 147,498 147,673 (175) Visitor Services 42,748 89,733 (46,985) Subtotal 614,238 865,767 (251,529) (D)
PROMOTION Promotion 148,500 63,950 84,550 Information Distribution 79,998 24,960 55,038 Other Advertising 10,000 2,250 7,750 Business Development 3,000 3,876 (876) Subtotal 241,498 95,036 146,462 (E)
CAPTIAL EXPENDITURES - - - (F)
TOTAL EXPENDITURES 1,329,852 1,515,764 (185,912)
REVENUE OVER/(UNDER) EXPENDITURES 11,015 - (11,015) BEGINNING FUND BALANCE - 1,762,989 1,762,989 ENDING FUND BALANCE 11,015 1,762,989 1,751,974 THE WOODLANDS CONVENTION & VISITORS BUREAU Operating Budget Variances For the Six Months Ended June 30, 2017
A) Revenues • Operating Transfers – The favorable variance is due to a timing difference between actual and budgeted transfers. • Supplemental Hotel Occupancy Tax - The favorable variance is due to Supplemental HOT revenues being higher than budgeted. • Other Income – The favorable variance is due to unbudgeted contributions related to Cooperative Marketing.
B) General Expenses • CVB Township Staff - The favorable variance is due to lower than budgeted salary and benefits expense due to staff vacancies. • Staff Development - The unfavorable variance is due to costs for staff's attendance at conferences exceeding the original budget amount. In June 2017, the Board of Directors approved an additional $100,000 for this line item. • Equipment - The favorable variance is due to a timing difference between actual and budgeted expenses. • Contracted Services - The unfavorable variance is due to a timing difference between actual and budgeted expenses. • Administrative - The favorable variance is due to a timing difference between actual and budgeted printing expenses.
C) Attractions & Events • Other Festivals/Special Events - The unfavorable variance is due to a timing difference between actual and budgeted expenses. • Taste of the Town - The unfavorable variance is due to a timing difference between actual and budgeted expenses.
D) Destination Marketing • Media - The unfavorable variance is due to a timing difference between actual and budgeted expenses. • Production - The unfavorable variance is due to a timing difference between actual and budgeted expenses. • International Marketing - The favorable variance is due to a timing difference between actual and budgeted expenses. • Cooperative Marketing - The unfavorable variance is offset by the favorable variance in Cooperative Marketing contributions. • Visitor Services - The unfavorable variance is due to a timing difference between actual and budgeted expenses.
E) Promotion • Promotion - The favorable variance is due to a timing difference between actual and budgeted expenses. • Information Distributing - The favorable variance is due to a timing difference between actual and budgeted expenses. • Business Development - The unfavorable variance is due to a timing difference between actual and budgeted expenses. THE WOODLANDS CONVENTION & VISITORS BUREAU Cash Report as of June 30, 2017
Investment Description/ Beginning Monthly Ending Beginning Ending Avg. % Type Location Maturity Balance Activity Earnings Balance Market Market Yield Choice IV Commercial Wells Fargo Open $ 1,378,383 $ 244,556 $ 114 $1,623,053 $1,378,383 $1,623,053 0.09% Checking with Checking Interest Account -
Total $ 1,378,383 $ 244,556 $ 114 $1,623,053 $1,378,383 $1,623,053 0.09%
YTD $ 985
Interest Rates Month Ending June 30, 2017 2%
1% 0.8817%
Interest Rate Interest 0.27% 0.00% 0% 90 Day CD 90 Day T-Bill TexPool
** The 90 day CD rate is taken from the Federal Reserve website. "An average of dealer bid rates for CD's that are actively traded in the secondary market and are issued by top-tier banks. Bids are generally for CD's issued in denominations of $1,000,000 or greater. Responses are not reported when the number of respondents is too few to be representative."
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon appointments to The Woodlands Convention and Visitors Bureau Marketing Committee;
BACKGROUND: The CVB Marketing Committee was established in 2007. The committee addresses opportunities and develops strategies for The Woodlands Convention & Visitors Bureau’s destination marketing programs including Cooperative Marketing campaigns, destination marketing, creation of new events and/or expansion of current events, group sales, sponsorship of events, Travel and Tourism week and other items as they arise. The Committee meets six times a year and provides valuable insight to staff and Directors.
Here is the current Marketing Committee list
Bruce Rieser – CVB Board Chairman Amy Everitt – Hyatt Centric Catherine Beyt – TMI Hospitality Jayson Garcia – Marriott Jenny Taylor – Trademark Property Lorrie Parise – The Woodlands Development Company Noemi Gonzalez – Trademark Property Theresa Gramalich – Hilton The Woodlands Resort & Conference Center (open) Cameron Klepac – The Cynthia Woods Mitchel Pavilion Kim Philips – The Woodlands Development Company The Woodlands Mall (open)
CVB President Nick Wolda would like to extend an invitation to new individuals who have moved to The Woodlands for their respective positions: Scott Spann, VP of Hospitality for Howard Hughes Corporation and GM at The Woodlands Resort & Conference Center and Ted Harris, Senior General Manager of The Woodlands Mall.
RECOMMENDATION Recommend Ted Harris and Scott Spann to join The Woodlands CVB Marketing Committee.
Attachments No file(s) attached.
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon 2017 Trade Show participation of The Woodlands CVB;
BACKGROUND: Visit The Woodlands developed a 2017 Trade Show participation calendar for major travel and tourism trade shows and conferences to promote The Woodlands as a destination to bring meetings and events to The Woodlands. Trade show participation thus far has included IPW, Cvent Connect and MPI WEC.
IPW ($27,350) - June 3-8, 2017, Washington D.C.- TWCVB Staff members, President Nick Wolda and Assistant Director Elizabeth Eddins promoted The Woodlands at the U.S. Travel Association's IPW, the travel industry's premier international marketplace and the largest generator of travel to the U.S. Visit The Woodlands had a triple shared booth within the Texas Tourism aisle. In three days of intensive pre-scheduled business appointments, the CVB team was prepared to meet more than 1,000 U.S. travel organizations from every region of the USA and more than 1,300 international and domestic buyers from more than 70 countries. Collectively, the show represents $4.7 billion in future Visit USA travel. Additionally, Mr. Wolda and Ms. Eddins had one on one meetings scheduled with 44 Travel and Tour Operators and 19 International travel writers. TWCVB staff handed out flash drives with visitor information and Puffy Pine Cone plush toys. All appointment information has been uploaded into Simpleview and Constant Contact for remarketing purposes. Visit The Woodlands also had participation from partners. Joining us in Washington D.C. were Amy Everitt, Director of Sales from Hyatt Centric and Pete Garcia, The United States-Mexico Chamber of Commerce Executive Director.
Cvent Connect ($14,554) - June 12-15, 2017, Las Vegas, NV. - Assistant Director, Elizabeth Eddins and Convention Development Manager, Alie Broussard participated in the Cvent Connect trade show and conference that brought together over 3,000 meeting planners and suppliers to network and learn more about the best ways to utilize Cvent technology. The trade show aspect of the conference was only one day, where Visit The Woodlands had a double kiosk booth with 61 appointments. Each meeting planner was scanned with a lead capture device where the CVB team was able to have information post-conference for remarketing purposes. The list has been logged and entered into Simpleview and Constant Contact. Follow-up emails will be sent out as well. TWCVB staff handed meeting planner guides and portable phone chargers. Partner participation included Jo Smith with The Woodlands Resort & Conference Center and Jayson Garcia with The Woodlands Waterway Marriott Hotel & Convention Center.
MPI WEC ($27,142) - June 18-23, 2017, Las Vegas, NV.- Convention Development Manager, Alie Broussard, and Convention Development Specialist, Josie Lewis, attended Meeting Professional International’s (MPI) World Education Congress with more than 2,000 event professionals. Pre-conference, Visit The Woodlands participated in the hosted buyer program, hosting 19 pre-set appointments with qualified planners to promote what The Woodlands has to offer as a premiere destination for meetings and conventions. During the conference, Visit The Woodlands participated in the trade show with 10x10 booth with branded meeting planner incentives which included healthy snacks, which were a popular hit among planners. The team distributed the TWCVB collateral and meeting planner guides. Visit The Woodlands also sponsored a Sunrise Yoga Session to promote wellness and interact with attendees on a more personal level. The session was a success and well received by attendees. Included in the promotion, Visit The Woodlands received all attendee’s names and addresses. The team is working to qualify the meeting planners. The team will have an active and ongoing follow up protocol with each of the meeting planners.
RECOMMENDATION Receive the Trade Show participation report. Receive the Trade Show participation report.
Attachments Trade show presentation
Media Marketplace
• 20 pre-scheduled appointments Visit The Woodlands Booth
• Tripled Shared booth • 51 pre-scheduled appointments • Amy Everitt, Hyatt Centric Hotel Partner • Pete Garcia, US-Mexico Chamber of Commerce Device ID Targeting and Geofencing Ads 0.19% CTR 909 total clicks Cvent Connect brings together Event Professionals and Suppliers to receive industry education, network and receive hands on training on Cvent’s new initiatives and technology advancements. • Double Trade Show booth • 5:1 Planner to Attendee Ratio • 2,000+ event planning professionals • Lead Capture Device • Networking • Educational Sessions Trade Show
• Appointment based • 31 Total Appointments • Double Booth-2 appointment schedules • Online Appointment Portal
Lead Capture: • Lead Capture Device to scan planners and receive their information • We scanned 61 planners, including our set appointments Device ID Targeting and Geofencing Ads • .11% CTR • 318 total Clicks Meeting Professionals International (MPI) is the largest meeting and event industry association worldwide. MPI provides innovative and relevant education, and networking opportunities to over 60,000 meeting and event professionals including more than 17,000 engaged members. • 2,500 registered attendees with approximately 1,375 (55%) meeting planners • Offered incredible networking opportunities to organically connect with planners • Leading educational forum for the Meeting Professionals industry
Hosted Buyer Program: • As part the Hosted Buyer Program we were able to pre-set 19 one-on-one meetings with meeting planners. Exchange Floor Booth
• Designated times for the exchange floor • Opportunity to meet with additional planners • Relaxation in The Woodlands themed booth Yoga Sponsorship- Relax with The Woodlands • As a sponsor for the Yoga Sunrise Session, Visit The Woodlands was able to spend time presenting The Woodlands to all in attendance • Visit The Woodlands additionally handed out Meeting Planner Guides/Business Cards/ and Lavender Essential Oils Device ID Targeting and Geofencing Ads
.14% CTR 385 Clicks Questions?
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon Incentive Funds Request from the Universities Space Research Association;
BACKGROUND: Visit The Woodlands received an Incentive Funds Request from the Universities Space Research Association for $10,000-$15,000 to assist with conference shuttle services for their Lunar and Planetary Science Conference that will be held at The Woodlands Waterway Marriott on March 19-23, 2018. The conference has been held in The Woodlands for the past eight years and hosts nearly 2,000 attendees that generate estimated revenue of $1,000,000. Within The Woodlands Township boundaries, the conference utilized 2,248 total sleeping rooms in 2017. Along with the sleeping rooms, many of the attendees dine and shop within The Woodlands and host off-site events throughout the conference.
The Universities Space Research Association provides a conference shuttle for the attendees so they do not have to utilize a rental car or alternative transportation while they are in our destination. The conference has utilized Galveston Transportation for about 45 years for this event. The conference shuttle assists with travel to and from the host hotel from all other hotels within The Woodlands. This, in turn, results in reducing the conference costs for the attendees which has a domino effect on increased attendance to the conference. The reduced conference costs also allow attendees to extend their stay within The Woodlands and allow them to explore all of the amenities that are available.
RECOMMENDATION To be determined by the Board.
Attachments USRA Incentive Fund Request
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon Cvent Supplier Partnership renewal;
BACKGROUND: The Cvent Supplier Network allows suppliers to directly connect and establish relationships with more than 74,000+ planner users to research destinations. Examples of planner user companies that utilize Cvent include: HelmsBriscoe, Conference Direct, Walmart, Toshiba, National Restaurant Association and MetLife. Placing Visit The Woodlands in The Cvent Supplier Network would increase our visibility to be able to be seen on a consistent basis by Cvent’s extensive database of planner users.
Visit The Woodlands entered into a supplier partnership with Cvent in October of 2016 and has seen great results. Visit The Woodlands has received 82 total RFPs from October of 2016 to July of 2017, compared to just 8 total RFPs during the same time period in 2015 through 2016; an increase of 925%. Of the total 82 RFPs, 47 of them were sent from incremental planners, meaning directly from associations and corporations, not a third party planner.
Visit The Woodlands is currently at the 2 Diamond level with its partnership. Included in this level is a Banner Ad on San Antonio’s profile page, a Destination Request a Quote Button on The Woodlands CVB planner guide for planners to directly request a quote, a CVB Copy Feature that is prompted to each planner before they send their RFP to our properties and added value within our profile that allow us to upload extra pictures, videos, and copy.
Visit The Woodlands has another option to increase its presence on Cvent with an enhanced package. The CVB could add in another banner ad on Fort Worth, Texas’s profile page and maintain the rest of the Diamond 2 package features.
Visit The Woodlands staff has seen great results through the partnership with Cvent and recommends to continue with bringing awareness to Cvent’s database of 74,000+ planners.
RECOMMENDATION To be determined by the Board.
Attachments No file(s) attached.
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider and act upon a partnership with ADARA;
BACKGROUND: ADARA is a digital analytics dashboard. This travel intelligence platform leverages more than 500 million monthly unique users, 9 billion annual searches and 500 million annual transactions to help CVBs like The Woodlands fully understand their audiences and take the right actions.
How does it work?
ADARA captures data for their dashboard via tracking pixels. Tracking pixels are tiny, transparent, pixel-sized images embedded in everything from emails to banner ads. These tiny trackers enable ADARA to track website visits, digital ad impressions, email opens, sales conversions and other types of activity on the web.
ADARA Measures: 1. ADARA Media Impact - ADARA Media Impact measures digital media sources, identifies overlaps between media partners, and reveals the types of travelers that respond to our campaigns and visit our destination. 2. ADARA Site Impact - ADARA Site Impact measures website influence on travel purchase behavior and provides advanced knowledge of the types of travelers who visit our site and The Woodlands. In addition to helping us make intelligent, informed decisions about how to reach customers with the right messages at the right time, ADARA offers granular campaign performance reporting. The platform provides deep customer insights that can be used to personalize and shape marketing campaigns.
ADARA also provides a Traveler Value Score – a new, powerful metric that accurately assesses our customer’s potential value as a traveler. Generated by a powerful algorithm, the ADARA Traveler Value Score is based on billions of search, booking and loyalty data points from the world’s largest travel companies. For the first time, brands can understand every traveler’s true revenue potential
How will it help The Woodlands CVB?
By utilizing ADARA’s digital analytics dashboard, TWCVB will be able to better track marketing efforts and stay on track with goals, thus allowing us to direct advertising efforts more precisely. Staff recommends the purchase and implementation of ADARA beginning January, 2018. Currently, the staff has received a proposal in the amount of $18,200 for the year.
RECOMMENDATION To be determined by the Board of Directors.
Attachments Adara Impact + ADARA IS THE WORLD'S TRAVEL DATA CO-OP WITH A SIMPLE VISION OF GROWING THE TRAVEL INDUSTRY TOGETHER
HOSPITALITY AIRLINES TRANSPORT GENERAL ADARA HAS A GLOBAL FOOTPRINT
Over 500 Million monthly uniques
13M 150M 50M 1 Billion rich profiles that include, on average: 205M 35M 30+ data points per profile
9 Billion travel 5M searches annually 32M 10M 500 Million air and hotel bookings annually
Unique profiles by geography (March 2017) SEARCH DATA
UNLOCKING INSIGHTS FROM ADARA DATA BOOKING DATA
Based on billions of data points across the global travel ecosystem, PROFILE DATA we know travelers relevant to your market
Where they are Business coming from vs. leisure
If they saw your Where they ads or visited are going your website
Other destinations they search Hotel rate
When and where Number of they book nights they stay A SUITE OF TOOLS FOR SMARTER DECISION MAKING
Measure marketing Deep traveler Optimize media effectiveness insights and marketing ADARA connects your MEASURE PLAN marketing activity to travel activity across our data co-op of 175+ with ADARA Impact Develop top travel brands worldwide your digital Social marketing strategy
Destination Hotel Searches Origin Markets TAG Site Place ADARA & Bookings Impact trackers on all of your media properties Video and partners
Hotel Revenue Website Visits RUN Display & Native Execute your campaigns with the ADARA Impact trackers Search Flight Searches Traveler Profile & Bookings MEDIA IMPACT OVERVIEW MEDIA IMPACT OVERVIEW – HOTEL MEDIA IMPACT OVERVIEW – FLIGHT MEDIA IMPACT INSIGHTS – TRAVELER PROFILE MEDIA IMPACT INSIGHTS – TRIP PLANNING MEDIA IMPACT INSIGHTS – MARKETS SAMPLE REPORTS
Media Partners: Revenue Drivers Overlap by Media Partner
$678k
MEDIA MEDIA PARTNER 3 $359k PARTNER 4
MEDIA .1% .3% 135k PARTNER 1 1% $35k .6%
MEDIA MEDIA MEDIA MEDIA MEDIA PARTNER 1 PARTNER 2 PARTNER 3 PARTNER 4 PARTNER 2
2.6MM 1.9MM 1.8MM 1.5MM
Impressions Revenue SAMPLE REPORTS
Top Origin Markets Top Alternate Destinations Booked
10%
8%
6%
4%
2%
0% Site Impact
MEASURE YOUR WEBSITE SITE IMPACT HOW IT WORKS
YOUR DETAILED WEBSITE ANALYTICS 1 2 3 You place ADARA connects your ADARA delivers reports an ADARA website activity to real-time showing all travel activity site pixel on travel searches & bookings connected to your website your website relevant to your market & detailed traveller profiles HOTELS
Site Impact allows you to measure a variety of metrics… ORIGIN MARKETS FLIGHT AND HOTEL…
Site Impact measures where people are coming from and booking flights and hotel. THE NEW WAY IS BETTER!
OLD WAY NEW WAY o Impressions o 11,700 confirmed hotel bookings o Clicks o ADR increase of $20 o Ctr% o LOS increase of .3 days
o Avg occupancy increase of .5 people Proving Economic Impact
Proves Relevance ADARA MEDIA IMPACT REPORT DETAILS
Campaign Stats Advertising Connections Market Insights • # Impressions by Partner • Top Site Categories Visited • Top Origin Markets • Uniques Reached by Partner • Top Destination Markets • Overlap Analysis • Top Alternate Searched Markets • Top Alternate Booked Markets • Class of Service Booked
Searching & Booking Data • # Searches (flight & hotel) • # Bookings (flight & hotel) Traveler Profiles • Average Daily Rate (ADR) • Loyalty Tier Distribution • Length of Stay (LOS) • Business vs Leisure • Total Travelers Trip Profiles • Length of Stay • Total Nights • Trip Planning Window • Class of Service Distribution • Estimated Hotel Revenue • Booking Attribution Curves • Biz vs Leisure breakdown
CVB Regular Board Meeting Meeting Date: 08/16/2017
Information SUBJECT MATTER: Receive, consider, and act upon the potential implementation of a bike share program and the issuance of a possible Request for Proposal;
BACKGROUND: With approximately 210 miles of hike and bike trails, The Woodlands is promoted as an incredible place to hike and bike. In market research, meeting planners and leisure travelers highly tout the outdoor lifestyle that attracts them to The Woodlands.
With this being said, a visitor is unable to take a bike ride from their hotel property to discover these miles of pathways, parks, shopping, dining and entertainment. With hundreds of thousands of hotel rooms utilized every year, the CVB staff believes, through its conversations with hotel employees, that a bike share program would be highly beneficial.
Several major cities and similar types of destinations have bike share programs, like Washington, D.C., Austin, Savannah, Reston, Irvine, Columbia, and Portland.
The CVB staff is bringing this item to the attention of the Board of Directors for guidance in the review and consideration of a Bike Share program. Some questions include revenue and/or cost expectations, staff involvement and the issuance of a Request for Proposal.
RECOMMENDATION To be determined to the Board of Directors.
Attachments Philadelphia Bike Share RFP Milwaukee Bike Share RFP Phoenix Bike Share RFP NOLA Bike Share RFP `
REQUEST FOR PROPOSALS
to
Design, Install, Operate and Maintain a Bike Sharing System
For
THE CITY OF PHILADELPHIA
Issued by:
THE CITY OF PHILADELPHIA
Procurement Department Hugh Ortman, Commissioner
All proposals must be submitted electronically through the eContract Philly online application process at www.phila.gov/contracts, choose eContract Philly.
Respondents who have failed to file complete applications through the eContract Philly online application process will not be considered for the contract.
Proposals must be received no later than 5:00 p.m. Philadelphia, PA, local time,
on Tuesday November 26th, 2013.
Non‐Mandatory Pre‐Proposal Conference:
Date: October 30, 2013
Time: 1:30 PM Eastern Standard Time
Location: Municipal Services Building, Room 1450 1401 JFK Boulevard Philadelphia PA, 19102
Questions may be submitted at any time. Final questions due by 5:00 PM local time on Monday, November 4th.
Honorable Michael A. Nutter, Mayor Rina Cutler, Deputy Mayor for Transportation and Utilities Hugh Ortman, Commissioner Procurement Department
Table of Contents
I. Project Overview
A. Introduction and Statement of Purpose
B. Department Overview
C. Project Background
D. Goals and Objectives
E. Service Area
F. Request for Proposals
G. General Disclaimer of the City of Philadelphia
H. Monitoring: Security
II. Scope of Work
A. Definitions
B. Project Details
C. Hours and Location of Work
D. Reporting Requirements
E. Specific Performance Standards
III. Proposal Format, Content, and Submission Requirements; Selection Process
A. Proposal Format
B. Notice to Respondents to State Requested Exceptions to Contract Terms in Proposal
C. Office of Economic Opportunity – Participation Commitment
D. The Philadelphia Tax and Regulatory Status and Clearance Statement
E. Certification of Compliance with Equal Benefits Ordinance
F. Local Business Entity or Local Impact Certification
G. Mandatory Online Application Requirements
H. Selection Process
IV. Proposal Administration
A. Procurement Schedule
B. Questions Relating to the RFP
C. Pre‐Proposal Conference, Site Visits, Inspection of Materials
D. Interviews; Presentations
E. Term of Contract
V. General Rules Governing RFPs/Proposals; Reservation of Rights, Confidentiality and Public Disclosure
A. Revisions to RFP
B. City Employee Conflict Provision
C. Proposal Binding
D. Contract Preparation Fee
E. Reservation of Rights
F. Confidentiality and Public Disclosure
Appendices
Appendix A – General Provisions
Appendix B – Office of Economic Opportunity, Antidiscrimination Policy – Minority, Woman and Disabled Owned Business Enterprises Solicitation for Participation and Commitment Form
Appendix C – City of Philadelphia Tax and Regulatory Status and Clearance Statement
Appendix D – Local Business Entity or Local Impact Certification
Appendix E – Technical Response Documents
Appendix F— Philadelphia Bike Share Strategic Business Plan
I. Project Overview
A. Introduction and Statement of Purpose
The City of Philadelphia is pleased to offer the opportunity to firms with proven bicycle sharing technology to partner with the City to provide a Bicycle Sharing System for Philadelphia. Of the ten largest cities in the United States, Philadelphia has the largest proportion of cycle commuters. Already, more than 10,000 Philadelphians bike to work and thousands more trips occur each day for transportation and recreation. The market opportunity for bicycle sharing in Philadelphia is significant with the City’s flat terrain, mild weather, mix of high density residential, commercial, and educational development, along with a housing stock that leaves many potential cyclists without the room to store a bike. The proposed service area is home to more than 430,000 residents and more than 400,000 jobs. Philadelphia’s Bicycle Sharing System is perhaps the last high ridership system left to be launched in North America.
Mayor Michael A. Nutter and the Philadelphia City Council have committed $3 million of the City’s capital budget as the seed for bringing a world class Bicycle Sharing System to Philadelphia in 2014. The City expects to raise additional funding to complete the system from State and Federal grants, as well as private sponsors. At least one major property owner in the city has already committed to funding stations at its Class A commercial buildings. A system wide sponsorship will be solicited through a separate Request for Proposals.
Bike sharing will be an affordable, healthy, safe, environmentally sustainable, and popular addition to Philadelphia’s transportation options. Implementing a top‐quality system will boost the City’s transportation network and further advance Philadelphia’s position as a city of choice. It is envisioned that a system of 150 to 200 bike sharing stations and 1,500 to 2,000 bikes will serve an area that stretches from the Delaware River into West Philadelphia, from the Navy Yard through Center City to North Philadelphia beyond Temple University’s main campus. The system is projected to generate nearly two million trips per year by residents, commuters, students and visitors. Bike share will help connect residents, commuters and visitors to more of Philadelphia’s businesses, institutions and attractions. Future requests from neighboring municipalities for participation in the City of Philadelphia’s Bicycle Sharing System offer the possibility for expansion beyond the initial service area.
B. Department Overview
The Mayor’s Office of Transportation and Utilities (MOTU) is charged with building a shared vision and coordinating decision‐making among various City, state and regional agencies and departments – including the City’s Streets, Commerce, Public Property, Traffic Police, City Planning, and Parks and Recreation Departments, Philadelphia International Airport, the waterfront and port agencies, Southeastern Pennsylvania Transportation Authority (SEPTA), Port Authority Transportation 3
Corporation (PATCO), Pennsylvania Department of Transportation (PennDOT), Amtrak, and the Delaware Valley Regional Planning Commission (DVRPC) in improve and coordinate services throughout the City’s transportation system. MOTU works to make sure that Philadelphians can get where they are going, no matter how they choose to get there; be it by foot, bike, car or transit.
MOTU and the City of Philadelphia may opt to partner with a government authority to facilitate the long term sustainability of the Bicycle Sharing System through changes of administration and across municipal boundaries.
C. Project Background
The City, with funding through a grant from the William Penn Foundation, formed a Bike Share working group committee (Working Group) to evaluate business models and develop a business plan for bike share. The Working Group included MOTU, Bicycle Coalition of Greater Philadelphia (BCGP), DVRPC and the Pennsylvania Environmental Council (PEC) and Bike Share Philadelphia, a bike share advocacy organization. The Philadelphia Bike Share Strategic Business Plan (Strategic Business Plan) is attached as Appendix 2. The full report is also available on the City of Philadelphia’s website: www.phila.gov/bikeshare.
D. Goals and Objectives
The Strategic Business Plan established the following goals and objectives. In responding to this RFP, we ask Respondents to keep these objectives in mind, particularly the goals associated with Personal Mobility and Finances and Transparency.
(con’t next page)
THEME GOALS & OBJECTIVES Increase personal mobility in Philadelphia, providing people with better access to destinations throughout the City.
1. Maximize the number of destinations one can reach, providing enhanced connectivity to places that Personal Mobility otherwise would be difficult to access. 2. Integrate bike share as an extension of Philadelphia’s public transit network. 3. Ensure that bike share is cost competitive for users as compared to other modes.
Develop an innovative transportation system that improves Philadelphia’s livability and economic competitiveness.
1. Attract and retain talent for the City’s employers and raise the attractiveness of Philadelphia for Livability & business investment and tourism. Economic 2. Reduce the environmental impact of transportation and help Philadelphia achieve its goal of being Competiveness the “greenest city in America.” 3. Develop a system that serves users in minority and low‐income communities and improves their access to key destinations, such as jobs and recreation.
Provide Philadelphians a safe mode of transportation that promotes active and healthy living.
1. Foster an active lifestyle by diverting a greater share of trips to bicycling. 2. Support other City health objectives such as improved access to fresh foods and access to green Health & Safety space. 3. Promote a culture of safety among bike share system users.
Create a system that is financially sustainable, transparently operated, and accountable to the public.
1. Cover all operating expenses without assistance from the City by utilizing a wide range of private, state and federal funding sources. Finances &
Transparency 2. Plan for and ensure sustainable capital funding for system growth and ongoing equipment replacement. 3. Clearly communicate program performance and effectiveness to stakeholders and the public.
Performance measures based on these goals and objectives are included in the Strategic Business Plan.
E. Service Area
The Strategic Business Plan proposes a system service area that is divided into two large zones (1 and 2) based on deployment of stations beginning in the core market area and gradually expanding into the adjacent neighborhoods over as many as 5 years. The zones have been developed based on market characteristics, geographical breaks and system operating characteristics, with recommendations for the optimal number of bikes and stations within each.
(1) Bike Share Service Area Recommendation
Recommended Service Area and System Characteristics
Station Density Proposed New Service Area Stations Bicycles Stations/Sq.Mi. Zone 1 8.28 Sq. Mi. 80 - 120 800 - 1300 9.7 - 14.5
Zone 2 16.21 Sq. Mi. 60 - 100 500 - 700 3.7 - 6.2
Total 24.49 Sq. Mi 150 - 200 1500 - 2000 6.1 - 8.2
(a) Zone 1 represents the core market area and the first focus of deployment for the bike share system. At just over eight and a quarter square miles, this area represents the heart of the system. It will be the focus for a successful program launch. It is expected that the first phase (Zone 1) when completed will represent the highest density of stations and bring the system fleet to approximately 800 to 1300 bicycles at 80 to 120 stations. The station density of Zone 1 is expected to range from approximately 9.7 stations to 14.5 stations overall, and with the potential for much higher densities in sub areas of Zone 1.
(b) Zone 2 will extend the system beyond the city center into the adjacent residential neighborhoods. The Zone 2 expansion will add an additional sixteen square miles of service area, bringing the system to nearly 24.5 square miles. The implementation of Phase 2 will complete the initial system build out and add between 500‐800 bicycles at 60 to 100 additional stations. The total initial system size is expected to be between 1,500 and 2,000 bicycles at between 150 and 200 stations. The station density for the second phase will range from 4 to 6 stations per square mile. This is consistent with the system‐wide densities occurring with most of the current U.S. bike share programs.
(2) Key Demographics of Bike Share Service Area
Zone 1 Zone 2
Population 176,000 257,000
Employment 348,000 55,000
Income
Average Household Income $48,159 $32,160
Age
Median Age 32 33
Education
High School Degree or Higher 83% 72%
College Degree or Higher 57% 19%
Overall the Philadelphia Bicycle Sharing System will initially serve an area with 432,000 residents and just over 400,000 jobs. The bike share service area represents a diverse cross section of central Philadelphia in terms of age, race, income, and education. In the core of Philadelphia’s proposed Zone 1, bike share will serve a compact and densely populated service area; at 19,000 people per square mile,
the bike share service area has a greater population density than any other North American city with an existing or planned bike share system, with the exception of New York City.
(3) Anticipated Ridership
Ridership was estimated by phase based on existing trip rates per bike in smaller peer North American cities. Over the first six years of operations, annual ridership is projected to grow from around 500,000 trips to nearly 2.5 million trips. Other factors including the existing popularity of cycling in Philadelphia and the success of systems in other large cities suggest that these estimates are likely to be conservative.
Projected Annual Ridership by User Type
2,500,000
2,000,000
1,500,000 Casual / Short‐ 1,000,000 Term Registered 500,000
‐ FY2015 FY2016 FY2017 FY2018 FY2019 FY2020
*The City’s fiscal year calendar runs July 1 through June 30th. For example FY2014 is July 1, 2013 to June 30, 2014.
F. Request for Proposals (RFP)
The City of Philadelphia is seeking proposals from firms or partnerships of firms who will supply the equipment to, install, operate and maintain a bike sharing system in throughout the previously described service area. Future requests may be issued by the City or other municipalities or authorities to expand this service to other parts of Philadelphia or other areas of the region.
G. General Disclaimer of the City
This RFP does not commit the City of Philadelphia or its appointed designee to award a contract. This RFP and the process it describes are proprietary to the City and are for the sole and exclusive benefit of the City. No other party, including any Respondent, is intended to be granted any rights hereunder. Any response, including written documents and verbal communication, by any Respondent to this RFP, shall become the property of the City and may be subject to public disclosure by the City, or any authorized agent of the City.
H. Monitoring; Security
By submission of a proposal in response to this RFP, the Respondent agrees that it will comply with all contract monitoring and evaluation activities undertaken by the City of Philadelphia, and with all security policies and requirements of the City.
II. Scope of Work
The City desires to engage a qualified firm or joint venture to provide services for implementing, operating and maintaining a highly successful and financially self‐sustaining automated on‐demand Bicycle Sharing System. This system is intended to be financially self‐sustaining through a combination of user revenues and sponsorships. The Bicycle Sharing System should incorporate information technology to operate a fleet of between 1,500 to 2,000 shared bicycles that may be taken from one bike sharing station and returned to another in a network of between 150 and 200 stations. These numbers are guidelines for the proposed system, but the Respondent will use its professional experience to recommend the optimal system size and density. Implementation of the system is expected to take place beginning in summer of 2014. It is expected that the system will launch with a minimum of at least 50 stations and approximately 500 bikes in August or September of 2014. Expansion of the system will continue until the final fleet size is attained. The pace of this expansion is dependent on available funding, but is expected to take place through 2015.
The successful Respondent (referred to in this Scope of Work as the System Operator) shall be responsible for site planning and installation of the system at locations on public properties, private properties, parks, in the public right‐of‐way and at all other proposed locations. Unless explicitly agreed by the City of Philadelphia and its partners and representatives, all physical infrastructure, intellectual property and data generated by the Bicycle Sharing System shall be the sole property of the City of Philadelphia. Labor provided for the installation of stations may be subject to City prevailing wage requirements.
It is expected that the System Operator will be compensated for system costs and share with the City in any proceeds of the system that exceed the system costs. The contract between the City and the System Operator will include both potential for revenue sharing after operations and capital replenishment obligations have been met and penalties for unmet performance standards.
A. Definitions
The following definitions will be used throughout this document.
Glossary Term Definition
Bicycle Sharing System The listed components in Appendix E along with the service to operate them.
Glossary Term Definition
Bicycle/Dock Ratio The number of free docking spaces available at a given Station, relative to the number of Bicycles available for rental, unless the Respondent defines otherwise.
Bicycles The unique bicycles designed to work with the bike sharing system.
Clean All surfaces and components are intact, unbroken, and free of graffiti, scratchiti, stickers, trash, and other waste.
Dock Docks are the portion of the station designed to hold a single bicycle securely when not in use. Docks are modular and can be added or removed from the station in response to need.
Field checks Site visits and inspections conducted by the City of Philadelphia staff or other designated persons and may occur at the Stations or at the field operations facility of the operator
In service That portion of the system that is working up to its expected level of performance
IT Interface/Central The part of the Bicycle Sharing System by which the operator will monitor, Computer System adjust, open and close the system and which will catalogue user and station data such as check‐ins, check‐outs, state of repair, etc.
Kiosk The computerized interface that is linked by wireless communication technology to the Bike Sharing System as a whole and is continually available to facilitate walk‐up registration for multiple terms, in multiple languages and facilitate customer interactions with the Bike Sharing System including information on the nearest Stations with open docking points.
Resolution The successful completion of a task and/or solving of an issue or problem.
Station The combined kiosk, docks, solar panel or other power source, signs and system map.
System Operator The firm/joint venture that will design, implement, maintain and operate the Bicycle Sharing System.
Website The Bicycle Sharing System Website where users can log in to their accounts, register for membership and interact with customer service.
B. Project Details
General Description The Bicycle Sharing System should be designed to allow one‐time use by either walk‐ up or online registration at various docking stations. Walk‐up renters will include visitors, citizens, and commuters. These designated docking stations should enable walkup renters to register, submit credit card data or other potential fare media, and execute a user agreement. The user interface shall be able to be visible 24 hours per day and shall be able to be used in all temperatures and conditions for the Philadelphia region.
Docking Stations Bicycle docking stations should be simple, reliable, and designed to be flexible enough to fit in areas that do not impede pedestrian or vehicular traffic. Stations will be installed on a variety of surfaces and flexibility in design such that the station can be located easily in Philadelphia’s dense urban fabric will be a priority. Wayfinding panels should be featured at most stations and should also have the ability to host advertising. The option of back‐lit panels shall be considered advantageous in a response to this RFP. No electrical service will be provided but in the event the System Operator chooses to obtain electrical service, all appropriate permits for electrical service and construction will be required. The City will not be responsible for or provide funding for electrical service.
Design Attractiveness of design will be a key aspect of universal acceptance of the bike sharing system in Philadelphia. Quality of workmanship, appearance of stations, colors and resistance to environmental degradation and vandalism will be considered. The System Operator will work with the City of Philadelphia and its representatives to improve upon existing designs and customize aspects of the stations to suit local needs. Stations should have a unified look and feel throughout the system and should be an attractive addition to the urban fabric of the city. The City of Philadelphia will be seeking a title sponsor for the Bicycle Sharing System, and will be looking for the ability to maximize those revenues by enabling branding of stations.
Locations Subject to City of Philadelphia approval, docking stations may be located primarily on public and private property, parks and in the public right of way and not rental cost the operator. It is anticipated that the initial implementation zone will be located in central Philadelphia in an area outlined in the recently released Philadelphia Bike Sharing Strategic Business Plan, but generally described as the area between the Delaware River in the east to 52nd Street to the west, and from Lehigh Avenue in the north to the Philadelphia Navy Yard in the south. Implementation will be conducted in two (2) or more phases with initial system deployment concentrated in Philadelphia’s core bicycling area which generally includes greater Center City and stretches from the Delaware River to 40th Street, Girard Ave to Washington Ave. The System Operator will be involved in selecting initial deployment areas and all station installations shall be done in coordination with the City of Philadelphia.
Placement Philadelphia’s narrow public rights‐of‐way will make flexibility in configuration and ease of installation and relocation or removal imperative for a successful bike sharing system. Docking stations should be designed in such a way that they can be flexibly deployed on a variety of surfaces, grades and configurations. Stations should be able to be installed quickly and with no damage to surrounding structures. Stations should be able to accommodate angled configurations, gaps to provide access to utilities, tree pits or plantings and should be designed such that a single registration kiosk can serve multiple flights of non‐contiguous bicycle docks and accommodate straight and angled bicycle docks as well as plates allowing the bike sharing station to conform to curves and angles at a given location. The Respondent will be responsible for planning placements and installing the stations.
The System Operator, at the request of the City or station host, shall be required to remove or relocate docking station structures which interfere with the construction, maintenance or repairs of public utilities, public works or public improvements, or which the City otherwise deems to be inappropriate or undesirable at a particular location in the City’s sole discretion. Stations shall be the property of the City of Philadelphia.
Bicycles Bicycles should be designed to accommodate, to the best extent feasible, people of all shapes and sizes. Key features may include a one‐size‐fits‐all highly durable design, protection from dirt and grease, ease of pedaling and shifting, self‐generating lighting system including front and rear headlights that remain illuminated for a minimum of 60 seconds at rest when used, rack to hold a small bag, fenders, chain guards, bells, puncture resistant tires, reflectors, and a bicycle tracking system. Bicycles should come with a warrantee for at least 5 years. Bicycles shall be of a theft and tamper resistant design. As with the docking stations, high quality of design shall be considered as part of the requirements. Bicycles should look good in the urban environment and must be capable of being branded appropriately for a title sponsorship. Respondents must be willing to work with the City of Philadelphia or its representatives to establish a design that is appropriate and attractive. Bicycles shall be the property of the City of Philadelphia.
User Experience The system will be designed to allow bicycles to be removed and replaced from self‐service stations throughout the network by two main user groups: subscribers and walk‐up renters. It is anticipated that subscribers will be the largest user group. Subscribers will use a web page to register, submit payment, and execute a user agreement. After registration, subscribers will be able to immediately access a bicycle at any terminal. Walk up renters will be able to access the system at any station and will be able to use a credit card or other payment technology to gain quick daily access to the system. Ease of access by all different types of users will be a key factor in a successful system. The respondents are encouraged to submit plans for types of membership or user participation that differ from existing models. Examples could be bundled memberships with monthly SEPTA TransPass, or perhaps a parking card. Seamless interoperability of fare media between other bike sharing systems and/or other transportation options is desired in the response to this request.
User Fees The system should be designed to automatically complete financial transactions entered with data input at the web page, mobile application and terminals. The City of Philadelphia expects the bike sharing system to require no operating subsidy from City funds. Innovation in fare structures is encouraged and it is expected that successful respondents will submit at least two proposed fare structures that will meet the following goals:
Provide a simple, easily understood system for all users Reflect the true value to users of the system Generate sufficient revenue to sustain system health long term Promote the use of bicycles for short trips
Financial Transactions The System Operator shall be required to process and handle all payments, fees, penalties or other monetary transactions by users of the system. The System Operator is expected to adhere to industry standards for data security and to safeguard financial and personal data of all participants. All revenues from the sale of memberships, access fees, day passes, penalties and late fees are to be paid directly to the operator.
System Maintenance The System Operator shall be solely responsible for the maintenance of the Bicycle Sharing System. Such maintenance shall include, but is not limited to, inspecting, repairing and cleaning the docking station structures on a regular basis. The docking station structures shall be well maintained, appear in good working order and be free of graffiti and stickers. Prompt repairs and preventative care should not impede the users from renting from the docking stations.
Back‐end operations, maintenance crews, and customer service teams will work to ensure that the bicycles are properly distributed throughout the system at all times, in safe and working condition, and that customer needs are quickly addressed. Bicycles will be inspected and/or repaired at least once every two weeks.
All docking station structures shall contain a highly visible telephone number to which the public may direct questions, complaints and comments regarding the service provided. It is expected that live help shall be provided during the majority of hours of system operation. The System Operator shall log complaints and respond in a timely manner. The System Operator shall provide a shared database in which the City can communicate complaints between the public and from the City, and in which the System Operator can report the resolution of such complaints. Locally based call center staff is preferred.
Data Management The System Operator shall provide the City at a minimum with weekly data regarding the performance of the Bicycle Sharing System. The Respondent is expected to be able to provide current performance measures on a real‐time basis at the request of the City or its representatives. The Respondent will prepare monthly reports on a series of agreed‐upon metrics and will outline plans for system
improvement at these times. The Respondent is expected to provide data on their website that is available to the public, which includes at a minimum the information regarding ridership, fleet performance and safety, customer service, and membership. The availability of data to the public is important to the City to ensure that the Philadelphians see a return on investment for the use of public property and funds.
Social Equity Philadelphia’s Bicycle Sharing System will be the most socially equitable in the nation. More than half of all Philadelphians living below the poverty line live in the area suggested service area for bike share. Respondent should suggest means to provide access to the system for all Philadelphia residents. Particular care should be made to provide convenient system access to groups traditionally underserved by existing bike sharing systems.
Ownership The Bicycle Sharing System, including the Stations, will remain the property of the City of Philadelphia or a designated authority.
A complete list of specific requirements and desired features is found in Appendix E: Technical Response Documents. Appendix E will help guide the respondent in writing an appropriate submittal.
C. Hours and Location of Work
The Bicycle Sharing System will operate 24 hours per day 365 per year, though it may closed for weather events or other emergencies. All routine maintenance and operations activities will occur in City of Philadelphia.
D. Reporting Requirements
The System Operator shall report to the City of Philadelphia on a regular basis regarding the status of the project and its progress in providing the contracted services and/or products. At a minimum, the System Operator shall submit a monthly invoice detailing the services and/or products provided, the goals/tasks accomplished, and the associated costs. If hourly rates are charged, the invoice must also detail the number of hours, the hourly rate, and the individual who performed the service.
E. Specific Performance Standards
The contract resulting from this RFP will include performance and quality standards for the project, including but not limited to:
Timely delivery of installation of the infrastructure Proper function of the IT infrastructure Clean and functional bike sharing stations and bicycles Customer service including call center performance Reporting and business operations
III. Proposal Format, Content, and Submission Requirements; Selection Process
A. Proposal Format
Proposals submitted in response to this RFP must include a cover letter signed by the person authorized to issue the proposal on behalf of the Respondent, and the following information, in the sections and order indicated:
(1) Table of Contents
(2) Introduction/Executive Summary
Provide an overview of the services being sought and proposed scope of services. Describe the strengths of the proposal and why the City should choose the Respondent.
(3) Respondent Profile
Provide a narrative description of the Respondent itself, including the following:
(a) Respondent’s business identification information, including name, business address, telephone number, website address, and federal taxpayer identification number or federal employer identification number;
(b) A primary contact for the Respondent, including name, job title, address, telephone and fax numbers, and email address;
(4) Description of Respondent and Proposal Team
Provide a description of Respondent’s business background, including, if not an individual, Respondent’s business organization (corporation, partnership, LLC, for profit or not for profit, etc.), whether registered to do business in Philadelphia and/or Pennsylvania, country and state of business formation, number of years in business, primary mission of business, significant business experience, whether registered as a minority‐, woman‐, or disabled‐owned business or as a disadvantaged business and with which certifying agency, and any other information about Respondent’s business organization that Respondent deems pertinent to this RFP.
(5) Understanding of Scope of Work
Respondents should refer to Section II and Appendix E for the specific questions that must be answered when responding to this RFP. The responses should contain a narrative portion as well as any additional tables, charts, diagrams or other information that will help the selection committee fully understand the proposed infrastructure. The answers to the technical questions should be generally answered in the order that
they are listed in Appendix E, and headings that correspond with each section should be used to organize the response.
(6) Project Understanding
Provide a narrative statement that confirms Respondent’s general understanding of, and agreement to provide, the services and/or tangible work products necessary to achieve the objectives of the Bicycle Sharing System. Respondent shall specifically address the following:
(a) Bicycle Sharing System Planning and Implementation (i) Proposed size of system based on Respondent’s market analysis (ii) Proposed schedules for roll‐out of high funding and low funding scenarios (50 station system, proposing locations and timeline to proposed optimal system size based on proprietary market analysis) (iii) Describe installation process, timeline for Stations (iv) Identify implementation costs for high and low funding approaches (v) Staff and organization chart for installation/implementation process (vi) Role of City of Philadelphia in facilitating implementation
(b) Description of Operations (i) Provide general narrative of operating and maintenance approach (ii) Provide responses to Technical Response Document (Appendix E) (iii) Provide business and financial plan including: (A) Operating and maintenance 5 year budget for high and low funding approaches (B) Plan for covering operating and maintenance costs (C) Proposed Fare Structure (D) Describe all marketable elements of system for sponsorship (iv) Organization Chart of employees (v) Facilities and equipment needs (c) Description of physical infrastructure (refer to Appendix E)
(7) Statement of Qualifications; Relevant Experience
Provide a statement of qualifications and capability of the Respondent and its business partners to perform the services sought by this RFP, including a description of relevant experience with projects that are similar in nature, size and scope to that which is the subject of this RFP. If any minimum qualifications for performance are stated in this RFP, Respondent must include a statement confirming that Respondent meets such minimum requirements.
(8) References
Provide at least three references, preferably for projects that are similar in type, scope, size and/or value to the work sought by this RFP. If applicable, Respondent should
provide references for projects with other municipalities that are similar in size to the City of Philadelphia. For each reference, include the name, address and telephone number of a contact person.
(9) Proposed Subcontractors
State the intention to use subcontractors to perform any portion of the work sought by this RFP. For each such subcontractor, provide the name and address of the subcontractor, a description of the work Respondent intends the named subcontractor to provide, and whether the subcontractor can assist with fulfilling goals for inclusion of minority, woman, or disabled‐owned businesses or disadvantaged businesses as stated in Appendix B.
(10) Requested Exceptions to Contract Terms
State exceptions, if any, to City Contract Terms that Respondent requests, including the reasons for the request and any proposed alternative language. (See Section III.B for more information.)
(11) Solicitation for Participation and Commitment Form
As a separate document, include a completed Solicitation for Participation and Commitment Form. The form is provided with Appendix B to this RFP. (See Section III.D for more information.)
(12) Tax and Regulatory Status and Clearance Statement
Include a statement, in the form requested in Appendix C, attesting to Respondent’s tax and regulatory compliance with the City. (See Section III.E for more information.)
(13) Disclosure of Litigation; Disclosure of Administrative Proceedings
State, for the 5‐year period preceding the date of this RFP, a description of any judicial or administrative proceeding that is material to Respondent’s business or financial capability or to the subject matter of this RFP, or that could interfere with Respondent’s performance of the work requested by this RFP, including, but not limited to, any civil, criminal or bankruptcy litigation; any debarment or suspension proceeding; any criminal conviction or indictment; and any order or agreement with or issued by a court or local, state or federal agency. For each such proceeding, state the name of the case or proceeding, the parties involved, the nature of the claims involved, its current status and the final disposition, if any. Provide the same information for any officer, director, principal, or partner of Respondent’s organization, and for any subcontractor Respondent plans to use to perform the services described in this RFP.
(14) Statement of Financial Capacity
Provide documentation demonstrating fiscal solvency and financial capability to perform the work sought by this RFP. Consider providing one or more of the following:
. General statement of the Respondent’s financial condition;
. Respondent’s most recent audited or unaudited financial statements;
. Disclosure of any bankruptcy filings over the past five years;
. Most recent IRS Form 990 (for non‐profit organizations only).
(15) Local Business Entity or Local Impact Certification. (Optional if applicable to Respondent)
If applicable, Respondent may elect to provide the certification statement in the form of Appendix D as to Respondent’s status as a Local Business Entity or its local impact if awarded the contract. (See Section III.G for more information.)
(16) Disclosure Requirements
Disclose all information required under Chapter 17‐1400 of the Philadelphia Code, including any local and state political campaign contributions, on the forms provided through eContract Philly. (See Section III.H for more information.)
(17) Defaults
Provide a description, in detail, of any situation occurring within the past five (5) years in which the Respondent, or a joint venture or partnership of which Respondent was a part, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the issues involved in the default, the outcome, the actions taken by Respondent to resolve the matter. Also provide the name, title and telephone number of the party to the contract who asserted the event of default or noncompliance or the individual who managed the contract for that party.
(18) Statement of Anticipated Job Creation
Respondent shall provide a narrative description on whether and how a contract award based on its proposal will result in new job creation within the following: 1) City of Philadelphia; 2) Philadelphia Metropolitan Statistical Area; 3) Commonwealth of Pennsylvania; 4) United States of America. For each job anticipated, the Respondent shall describe the following: job title, job description, educational qualifications, and anticipated annual salary or anticipate annual hourly rate.
B. Notice to Respondents to State Requested Exceptions to Contract Terms in Proposal
The City’s standard contract terms and conditions for services of the type sought by this contracting opportunity (Contract Terms) are set forth in the General Provisions attached to this RFP as Appendix A.
By submitting a proposal in response to this contract opportunity, the Respondent agrees that, except as provided herein, it will enter into a contract with the City containing substantially the Contract Terms.
Respondents must state clearly and conspicuously any modifications, waivers, objections or exceptions they seek (“Requested Exceptions”) to the Contract Terms in a separate section of the proposal entitled “Requested Exceptions to Contract Terms.” For each Requested Exception, the Respondent must identify the pertinent Contract Term by caption and section number, state the reasons for the request, and propose alternative language or terms. Requested Exceptions to the City’s Contract Terms will be approved only when the City determines in its sole discretion that a Requested Exception makes business sense, does not pose unacceptable risk to the City, and is in the best interest of the City. By submitting its proposal, the Respondent agrees to accept all Contract Terms to which it does not expressly seek a Requested Exception in its proposal. The City reserves the right, in its sole discretion, to evaluate and reject proposals based in part on whether the Respondent’s proposal contains Requested Exceptions to Contract Terms, and the number and type of such requests and alternative terms proposed.
If, after the City issues its Notice of Intent to Contract to an Respondent, the Respondent seeks Requested Exceptions to Contract Terms that were not stated in its proposal, the City may, in its sole discretion, deny the Requested Exceptions without consideration or reject the proposal.
The City reserves the right, in its sole discretion, (i) to waive any failure to comply with the terms of this Notice to Respondents if it determines it is in the best interest of the City to do so; and (ii) to require or negotiate terms and conditions different from and/or additional to the Contract Terms in any final contract resulting from this contract opportunity, without notice to other Respondents and without affording other Respondents any opportunity to revise their proposals based on such different or additional terms.
C. Office of Economic Opportunity – Participation Commitment
Each Respondent is subject to the provisions of Mayoral Executive Order 03‐12, the City’ Antidiscrimination Policy for participation by Minority Business Enterprises ("MBE"), Woman Business Enterprises ("WBE") and Disabled Business Enterprises (“DSBE”) (collectively, “M/W/DSBE”) as those terms are defined in Executive Order 03‐12. While there are no specific participation ranges established for this RFP, Respondents are required to exercise their “Best and Good Faith Efforts” to provide meaningful opportunities for the participation of M/W/DSBEs in their proposals. Forms, instructions and special contract provisions which explain the requirements of the Antidiscrimination Policy for City contracts in more detail are included in Appendix B to this RFP, including the “Solicitation for Participation and Commitment Form.”
D. The Philadelphia Tax and Regulatory Status and Clearance Statement
It is the policy of the City of Philadelphia to ensure that each contractor and subcontractor has all required licenses and permits and is current with respect to the payment of City taxes or other indebtedness owed to the City (including, but not limited to, taxes collected by the City on behalf of the
School District of Philadelphia), and is not in violation of other regulatory provisions contained in The Philadelphia Code. To assist the City, through its Department of Revenue and Department of Licenses and Inspections, in determining this status, each Respondent is required to submit with its proposal the certification statement entitled City of Philadelphia Tax and Regulatory Status and Clearance Statement which is attached to this RFP as Appendix C).
If the Respondent is not in compliance with the City’s tax and regulatory codes, an opportunity will be provided to enter into satisfactory arrangements with the City. If satisfactory arrangements cannot be made, Respondents will not be eligible for award of the contract contemplated by this RFP.
The selected Respondent will also be required to assist the City in obtaining the above information from its proposed subcontractors (if any). If a proposed subcontractor is not in compliance with City Codes and fails to enter into satisfactory arrangements with the City, the non‐compliant subcontractor will be ineligible to participate in the contract contemplated by this RFP and the selected respondent may find it necessary to replace the non‐compliant subcontractor with a compliant subcontractor. Respondents are advised to take these City policies into consideration when entering into their contractual relationships with proposed subcontractors.
If a Respondent or a proposed subcontractor is not currently in compliance with the City’s tax and regulatory codes, please contact the Revenue Department to make arrangements to come into compliance at 215‐686‐6600 or [email protected] .
Respondents need not have a City of Philadelphia Business Income and Receipts Tax Account Number (formerly Business Privilege Tax Account Number) and Commercial Activity License Number (formerly Business Privilege License Number) to respond to this RFP, but will, in most circumstances, be required to obtain one or both if selected for award of the contract contemplated by the RFP.1 Applications for a Business Income and Receipts Tax Account Number or a Commercial Activity License2 may be made on line by visiting the City of Philadelphia Business Services Portal at http://business.phila.gov/Pages/Home.aspx and clicking on “Register Now.” If you have specific questions, call the Department of Revenue at 215‐686‐6600 for questions related to City of Philadelphia Business Income and Receipts Tax Account Number or the Department of Licenses and Inspections at 215‐686‐2490 for questions related to the Commercial Activity License.
1 Respondents that have a Business Privilege Tax Number should use that number, as it is automatically their Commercial Activity License Number, and need not apply for a new Commercial Activity License Number. Similarly, Respondents with a Business Privilege Tax Account Number should use that number as their Business Income and Receipts Tax Account Number.
2 Commercial Activity Licenses are not typically required for non‐profit organizations; however, Business Income and Receipts Tax Account Numbers typically are required.
E. Certification of Compliance with Equal Benefits Ordinance
If this RFP is a solicitation for a “Service Contract” as that term is defined in Philadelphia Code Section 17‐1901(4) (“A contract for the furnishing of services to or for the City, except where services are incidental to the delivery of goods. The term does not include any contract with a governmental agency.”), and will result in a Service Contract in an amount in excess of $250,000, pursuant to Chapter 17‐1900 of The Philadelphia Code, the successful Respondent shall, for any of its employees who reside in the City, or any of its employees who are non‐residents subject to City wage tax under Philadelphia Code Section 19‐1502(1)(b), be required to extend the same employment benefits the successful Respondent extends to spouses of its employees to life partners of such employees, absent a waiver by the City under Section 17‐1904. By submission of their Proposals in response to this RFP, all Respondents so acknowledge and certify that, if awarded a Service Contract pursuant to this RFP, they will comply with the provisions of Chapter 17‐1900 of The Philadelphia Code and will notify their employees of the employment benefits available to life partners pursuant to Chapter 17‐1900. Following the award of a Service Contract subject to Chapter 17‐1400 and prior to execution of the Service Contract by the City, the successful Respondent shall certify that its employees have received the required notification of the employment benefits available to life partners and that such employment benefits will actually be available, or that the successful Respondent does not provide employment benefits to the spouses of married employees. The successful Respondent’s failure to comply with the provisions of Chapter 17‐1900 or any discrimination or retaliation by the successful Respondent against any employee on account of having claimed a violation of Chapter 17‐1900 shall be a material breach of the any Service Contract resulting from this RFP.
F. Local Business Entity or Local Impact Certification
Pursuant to Mayoral Executive Order No. 04 ‐12, the City Department will, in the selection of the successful Respondent, consider whether that Respondent has certified that either (1) Respondent meets the criteria stated in Section 17‐109(3)(b) of the Philadelphia Code3 to qualify as a Local Business Entity or (2) in the performance of the resulting contract, Respondent will employ City residents, or perform the work in the City. Any Respondent who wishes to demonstrate its eligibility for this consideration shall do so by completing, executing and attaching to its application a completed Local Business Entity or Local Impact Certification, the form of which is attached to this RFP as Appendix D. The Respondent shall then also include in a separate section of the application, labeled “Local Business Entity or Local Impact Certification,” a statement that the Respondent believes it has met the Local Business Entity or Local Impact criteria “as set forth in the attached Local Business Entity or Local Impact Certification.” The City Department shall deem it a positive factor where the Respondent has, in the City’s sole discretion, met the Local Business Entity or Local Impact criteria.
3 A link to the Philadelphia Code is available on the City’s official web site, www.phila.gov. Click on “City Code and Charter,” located to the bottom right of the welcome page under the box, “Transparency.”
G. Mandatory Online Application Requirements
You must apply online in order to be eligible for award of the non‐competitively bid contract opportunity described in this RFP; proposals and any other related documents prepared in response to this RFP will not be considered unless they are filed, within the prescribed time period, through
eContract Philly, which can be accessed on the City’s website at Twww.phila.gov/contracts by clicking on eContract Philly.4 The posting of this RFP on eContract Philly is also referred to as a Notice of Contracting Opportunity.
The City requires that any Respondent who establishes an account on eContract Philly and utilizes that account for the purpose of responding to a particular contract opportunity is the same individual or business entity that, if awarded the contract, will enter into and perform the resulting contract with the City. Except in the case of joint ventures, applications posted on eContract Philly from Respondents that purport to be filing an application on behalf of another individual or business entity will not be considered, even if the other business entity is an affiliate of the Respondent.
In the case of multiple business entities that if awarded a contract have formed, or intend to form a joint venture to perform the contract, a single business entity may file an application on behalf of all such business entities so long as (i) the filing business entity is or will be a member of the joint venture, (ii) the application is made in the name of the existing or proposed joint venture, (iii) documentation is submitted with the application identifying all business entities that comprise, or will comprise, the joint venture, and demonstrating a binding agreement among those business entities to perform the contract as the joint venture identified in the application (for a joint venture that has not yet been formed, documentation signed by each identified business entity evidencing a commitment to form the joint venture if awarded the contract is sufficient), and (iv) the non‐filing business entities are eligible for award of a City contract and make the disclosures required by Chapter 17‐1400 of The Philadelphia Code (described in greater detail below) within fourteen (14) days after the joint venture receives notice that it has been awarded the contract.
Pursuant to Chapter 17‐1400 of The Philadelphia Code, Respondents and their subcontractors are required to disclose their campaign contributions to political candidates and incumbents who are running for, or currently serving in, a local (Philadelphia) or state‐wide elected office anywhere within the Commonwealth of Pennsylvania (federal campaign contributions are not included); any consultants used in responding to the RFP and contributions those consultants have made; prospective subcontractors; and whether Respondent or any representative of Respondent has received any requests for money or other items of value or advice on particular firms to satisfy minority‐, woman‐ or disabled‐owned business participation goals from City employees. This information, as well as a proposal or any other response document required, is part of the online application. For more
4 The eContract Philly website requires Internet Explorer 5.0 or greater running on Microsoft Windows to ensure full functionality.
information, please consult the reference materials found on the website, e‐mail [email protected] or call 215‐686‐4914.
Respondents who have failed to file complete applications – including the online disclosure forms – through the eContract Philly online application process prior to the closing date and time will not be considered for the contract.
You are encouraged to start and complete your online application on eContract Philly as early as possible. Please be aware that internet connection speed depends on a variety of factors including: configuration of your computer, configuration of your business or home network, the condition of the wiring at your location, network or internet congestion (available bandwidth). Please prepare and plan accordingly to ensure a timely submission. Your proposal and other application documents will not be considered submitted until you sign the application and click on the “submit” button at the conclusion of the eContract Philly process.
You can begin uploading (or attaching) your proposal and other application materials at any time. It is especially prudent for you to start uploading your attachments earlier if you have a large number of attachments (e.g. over five documents) or larger‐sized attachments (e.g. above 5 MB). Please be advised that the eContract Philly website will not accept documents larger than 8 MB. If you have documents larger than 8 MB, you must separate them into smaller documents in order to successfully upload them to the system. Until you sign and submit your application, your materials are not accessible to any staff with the City of Philadelphia. Once you have signed and submitted your application, your application is accessible only to appropriate contract staff within the City of Philadelphia.
You are advised that any individual who signs and submits an application on eContract Philly must be an authorized signatory of the Respondent, authorized to both bind the Respondent to its proposal and to make the disclosures required to complete the eContract Philly process. Therefore, in conjunction with their electronic signatures provided at the conclusion of the submission of their applications online, signatories will be required to certify that they are the Respondent or are employees or officers of the Respondent duly authorized to execute the application and make disclosures on the Respondent’s behalf; and they represent and covenant that, to the best of their knowledge after appropriate inquiry, all of the information and disclosures provided are true and contain no material misstatement or omissions.
H. Selection Process
The City will base its selection on criteria that include, but are not limited to:
(1) Superior ability or capacity to meet particular requirements of contract and needs of City Department and those it serves
o Staffing qualifications (e.g., staff prior experience, education, licenses, professional achievements)
o Technical, administrative, financial capacity
(2) Eligibility under Code provisions relating to campaign contributions
(3) Superior prior experience of Respondent and staff
o Documented prior experience in performing project(s) of similar size and scope to the work sought by the RFP
(4) Superior quality, efficiency and fitness of proposed solution for City Department
(5) Superior skill and reputation, including timeliness and demonstrable results
o Demonstrated ability to meet project deadlines
(6) Special benefit to continuing services of incumbent, such as operational difficulties with transition or needs of population being served
(7) Benefit of promoting long‐term competitive development and allocation of experience to new or small businesses, including those owned by minority or disabled persons or by women
(8) Lower cost
(9) Administrative and operational efficiency, requiring less City oversight and administration
(10) Anticipated long‐term cost effectiveness
(11) Meets prequalification requirements
(12) Respondent’s certification that it is a Local Business Entity under Section 17‐109(3)(b) of the Philadelphia Code or, in the performance of the resulting contract, it will employ City residents, or perform the work in the City
If a contract is awarded pursuant to this RFP, in compliance with Section 17‐1402 (c) of The Philadelphia Code, a notice will be published on the City’s eContract Philly website (go to http://www.phila.gov/contracts and click on eContract Philly) listing the names of all Respondents and identifying the successful Respondent and the basis for the award to that Respondent. This notice will appear on the City’s website for at least one week before the contract is executed. In no event, however, shall the City Department or City Agency issuing this RFP be obligated to debrief unsuccessful Respondents as to the basis for its decision not to award a contract to them.
IV. Proposal Administration
A. Procurement Schedule
RFP Posted Friday, October 25th 2013
Non‐Mandatory Pre‐Proposal Meeting
Date, Time, Location,
October 30th, 1:30 PM Local time. Municipal Services Building Room 1450. 1401 JFK Boulevard, Philadelphia PA 19102
Site Visit
Date(s), Time(s), Location(s)
Finalists will be notified of any site visit requirements. Dates, Times and Schedules will be mutually agreed upon following the proposal deadline.
Respondent Questions Due
Date
Respondents are encouraged to submit questions in an ongoing basis until November 1st 2013 at 5:00 PM local time. No questions will be entertained following that date.
Answers Posted on eContract Philly Website
Date
Answers will be posted periodically as they are received on eContract Philly Website. It is the responsibility of the respondent to check for answers to any questions that have been asked during this time. The final answers to any questions will be posted to eContract Philly on November 4th 2013.
Proposals Due
Date
Proposals must be submitted to eContract Philly no later than 5:00 PM local time on Tuesday November 26th, 2013
Respondent Interviews, Presentations
Approximate dates
Early December through Mid‐January. Dates to be determined.
Respondent Selection Approximate date
Mid January, 2014
Council Selection Approximate date
March, 2014
Contract Execution Approximate date
March, 2014
Commencement of Work
Approximate date
March, 2014
The above dates are estimates only and the City reserves the right, in its sole discretion, to change this schedule. Notice of changes in the pre‐proposal meeting date/time or location, the due date for
Respondent questions, and the date for proposal submission will be posted on the City’s website at www.phila.gov/contracts (click on eContract Philly). The other dates/times listed may be changed without notice to prospective Respondents.
B. Questions Relating to the RFP
All questions concerning this RFP must be submitted in writing via email to Aaron Ritz [email protected] no later than 5:00 PM Local Time, Monday, November 4th and may not be considered if not received by then. The title of the email should clearly indicate the question pertains to the City of Philadelphia Bike Share RFP. Respondents are urged to submit questions at any time up until the 1st of November. The City will respond to questions it considers appropriate to the RFP and of interest to all Respondents, but reserves the right, in its discretion, not to respond to any question. Responses will be posted on the City’s website at www.phila.gov/contracts (click on eContract Philly and go to the Opportunity Details page for this notice of contracting opportunity). Responses posted on the City’s website become part of the RFP upon posting. The City reserves the right, in its discretion, to revise responses to questions after posting, by posting the modified response. No oral response to any Respondent question by any City employee or agent shall be binding on the City or in any way considered to be a commitment by the City.
C. Pre‐Proposal Conference, Site Visits, Inspection of Materials
A non‐mandatory pre‐proposal meeting to review the requirements of this RFP will be held in Philadelphia, Pennsylvania on October 30th, 2013, starting at 1:30 PM local time at the following location: Room 1450 of the Municipal Services Building 1401 JFK Boulevard, Philadelphia, PA 19102.
While the pre‐proposal meeting is non‐mandatory, the City believes that attendance at the meeting is may be helpful for successful participation in this RFP procurement.
D. Interviews; Presentations; Demonstrations
The City may require oral presentations from and conduct pre‐award discussion and/or pre‐Contract negotiations with any or all responsive and responsible Respondents who submit Proposals determined to be reasonably acceptable of being selected for award. The City will not be liable for any costs incurred by the Respondent in connection with such interviews, presentations, or negotiations (i.e., travel, accommodations, etc.).
The City of Philadelphia may request that Respondents provide two (2) proposed bicycles and one (1) proposed station. Respondents may be required to demonstrate the proposed System, including but not limited to the proposed bicycles, stations and computer systems. The bicycle and station may then be tested by the City, which may involve the dismantling of the equipment.
E. Term of Contract
The anticipated term of contract will be four years with an optional four year renewal. Respondents are advised that the contract resulting from this RFP will require the approval of Philadelphia City Council
prior to execution. By submitting a proposal in response to this RFP, Respondents acknowledge their understanding and agree that any proposed contract with the selected Respondent will be (i) submitted to City Council in the form of a proposed ordinance or resolution; (ii) subject to the customary councilmanic process of public notice and hearing for the enactment of legislation by City Council; and (iii) may not result in a final, executed contract unless the proposed contract, and all terms and conditions contained therein, receives a majority vote in favor of the contract.
V. General Rules Governing RFPs/Proposals; Reservation of Rights and Confidentiality
A. Revisions to RFP
The City reserves the right to change, modify or revise the RFP at any time. Any revision to this RFP will be posted on eContract Philly with the original Opportunity Details. It is the Respondent’s responsibility to check the eContract Philly website frequently to determine whether additional information has been released or requested. Revisions may include addenda, answers to questions and supplemental maps, or other materials.
B. City Employee Conflict Provision
City of Philadelphia employees and officials are prohibited from submitting a proposal in response to this RFP. No proposal will be considered in which a City employee or official has a direct or indirect interest.
C. Proposal Binding
By submitting its proposal, each Respondent agrees that it will be bound by the terms of its proposal for a minimum of 180 calendar days from the application deadline for this RFP. A Respondent’s refusal to enter into a contract which reflects the terms and conditions of this RFP or the Respondent’s proposal may, in the City’s sole discretion, result in rejection of Respondent’s proposal.
D. Contract Preparation Fee
Pursuant to Chapter 17‐700 of The Philadelphia Code, the successful Respondent must generally pay a contract preparation fee. Regulations promulgated by the City Solicitor currently establish the following schedule of fees for preparation of the initial contract and subsequent amendments, based upon the amounts involved and whether the successful Respondent is a for‐profit or nonprofit entity:
Amount of Contract or For‐Profit Fees Non‐Profit Fees Amendment
Contract Amendment Contract Amendment
$0‐$30,000 $50 $50 $50 $50
$30,001‐$100,000 $200 $170 $100 $85
$100,001‐$500,000 $500 $340 $200 $170
$500,001‐$1,000,000 $900 $520 $300 $260
Over $1,000,000 $1,500 $1,000 $500 $500
In its discretion, the Law Department may grant a full or partial waiver of any of the above fees in exceptional cases for good cause shown, such as violation of a grant covenant. Governmental entities are exempt from the fees. The Law Department reserves the right to collect up to twice the stated fee if extensive negotiation is required to reach a final contract with the successful Respondent.
E. Reservation of Rights
By submitting its response to this notice of contract opportunity as posted on the eContract Philly web site (“eContractPhilly”), the Respondent accepts and agrees to this Reservation of Rights. The term “notice of contract opportunity,” as used herein, means this RFP and includes all information posted on eContract Philly in relation to this “New Contract Opportunity” as published on eContract Philly, including, without limitation, the information posted for this opportunity on the “Detailed Information for Opportunity” page, in the eContractPhilly “Opportunity List,” and including in addition to this RFP, any other document linked to the Detailed Information for Opportunity Page or otherwise displayed on or linked to this notice of contract opportunity.
(1) This Notice of Contract Opportunity
The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to this notice of contract opportunity:
(a) to reject any and all proposals and to reissue this notice of contract opportunity at any time prior to execution of a final contract;
(b) to issue a new notice of contract opportunity with terms and conditions substantially different from those set forth in this or a previous notice of contract opportunity;
(c) to issue a new notice of contract opportunity with terms and conditions that are the same or similar as those set forth in this or a previous notice of contract opportunity in order to obtain additional proposals or for any other reason the City determines to be in the City’s best interest;
(d) to extend this notice of contract opportunity in order to allow for time to obtain additional proposals prior to the notice of contract opportunity application deadline or for any other reason the City determines to be in the City’s best interest;
(e) to supplement, amend, substitute or otherwise modify this notice of contract opportunity at any time prior to issuing a notice of intent to contract to one or more Respondents;
(f) to cancel this notice of contract opportunity at any time prior to the execution of a final contract, whether or not a notice of intent to contract has been issued, with or without issuing, in the City’s sole discretion, a new notice of contract opportunity for the same or similar services;
(g) to do any of the foregoing without notice to Respondents or others, except such notice as the City, in its sole discretion, elects to post on eContractPhilly.
(2) Proposal Selection and Contract Negotiation
The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to proposal selection:
(a) to reject any proposal if the City, in its sole discretion, determines the proposal is incomplete, deviates from or is not responsive to the requirements of this notice of contract opportunity, does not comply with applicable law (including, without limitation, Chapter 17‐1400 of The Philadelphia Code), is conditioned in any way, or contains ambiguities, alterations or items of work not called for by this notice of contract opportunity, or if the City determines it is otherwise in the best interest of the City to reject the proposal;
(b) to reject any proposal if, in the City’s sole judgment, the Respondent has been delinquent or unfaithful in the performance of any contract with the City or with others; is delinquent, and has not made arrangements satisfactory to the City, with respect to the payment of City taxes or taxes collected by the City on behalf of the School District of Philadelphia, or other indebtedness owed to the City; is not in compliance with City regulatory codes applicable to Respondent; is financially or technically incapable; or is otherwise not a responsible Respondent;
(c) to waive any defect or deficiency in any proposal, including, without limitation, those identified in subsections 1) and 2) preceding, if, in the City’s sole judgment, the defect or deficiency is not material to the proposal;
(d) to require, permit or reject, in the City’s sole discretion, amendments (including, without limitation, information omitted), modifications, clarifying information, and/or corrections to their proposals by some or all of the Respondents at any time following proposal submission and before the execution of a final contract;
(e) to issue a notice of intent to contract and/or execute a contract for any or all of the items in any proposal, in whole or in part, as the City, in its sole discretion, determines to be in the City’s best interest;
(f) to enter into negotiations with any one or more Respondents regarding price, scope of services, or any other term of their proposals, and such other contractual terms as the City may require, at any time prior to execution of a final contract, whether or not a notice of intent to contract has been issued to any Respondent and without reissuing this notice of contract opportunity;
(g) to enter into simultaneous, competitive negotiations with multiple Respondents or to negotiate with individual Respondents, either together or in sequence, and to permit or require, as a result of negotiations, the expansion or reduction of the scope of services or changes in any other terms of the submitted proposals, without informing other Respondents of the changes or affording them the opportunity to revise their proposals in light thereof, unless the City, in its sole discretion, determines that doing so is in the City’s best interest;
(h) to discontinue negotiations with any Respondent at any time prior to the execution of a final contract, whether or not a notice of intent to contract has been issued to the Respondent, and to enter into negotiations with any other Respondent, if the City, in its sole discretion, determines it is in the best interest of the City to do so;
(i) to rescind, at any time prior to the execution of a final contract, any notice of intent to contract issued to an Respondent, and to issue or not issue a notice of intent to contract to the same or a different Respondent and enter into negotiations with that Respondent, if the City, in its sole discretion, determines it is in the best interest of the City to do so;
(j) to elect not to enter into any contract with any Respondent, whether or not a notice of Intent to Contract has been issued and with or without the reissuing this notice of contract opportunity, if the City determines that it is in the City's best interest to do so;
(k) to require any one or more Respondents to make one or more presentations to the City at the City’s offices or other location as determined by the City, at the Respondent’s sole cost and expense, addressing the Respondent’s proposal and its ability to achieve the objectives of this notice of contract opportunity;
(l) to conduct on‐site investigations of the facilities of any one or more Respondents (or the facilities where the Respondent performs its services);
(m) to inspect and otherwise investigate projects performed by the Respondent, whether or not referenced in the proposal, with or without consent of or notice to the Respondent;
(n) to conduct such investigations with respect to the financial, technical, and other qualifications of each Respondent as the City, in its sole discretion, deems necessary or appropriate; and,
(o) to do any of the foregoing without notice to Respondents or others, except such notice as the City, in its sole discretion, elects to post on eContractPhilly.
(3) Miscellaneous
(a) Interpretation; Order of Precedence. In the event of conflict, inconsistency or variance between the terms of this Reservation of Rights and any term, condition or provision contained in any notice of contract opportunity, the terms of this Reservation of Rights shall govern.
(b) Headings. The headings used in this Reservation of Rights do not in any way define, limit, describe or amplify the provisions of this Reservation of Rights or the scope or intent of the provisions, and are not part of this Reservation of Rights.
F. Confidentiality and Public Disclosure
The successful Respondent shall treat all information obtained from the City which is not generally available to the public as confidential and/or proprietary to the City. The successful Respondent shall exercise all reasonable precautions to prevent any information derived from such sources from being disclosed to any other person. The successful Respondent agrees to indemnify and hold harmless the City, its officials and employees, from and against all liability, demands, claims, suits, losses, damages, causes of action, fines and judgments (including attorney's fees) resulting from any use or disclosure of such confidential and/or proprietary information by the successful Respondent or any person acquiring such information, directly or indirectly, from the successful Respondent.
By submission of a proposal, Respondents acknowledge and agree that the City, as a municipal corporation, is subject to state and local public disclosure laws and, as such, is legally obligated to disclose to the public documents, including proposals, to the extent required thereunder. Without limiting the foregoing sentence, the City's legal obligations shall not be limited or expanded in any way by a Respondent's assertion of confidentiality and/or proprietary data.
APPENDIX A
THE CITY OF PHILADELPHIA PROFESSIONAL SERVICES CONTRACT
GENERAL PROVISIONS FOR GENERAL CONSULTANT SERVICES
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APPENDIX B
CITY OF PHILADELPHIA
OFFICE OF ECONOMIC OPPORTUNITY
ANTIDISCRIMINATION POLICY‐ MINORITY, WOMAN AND DISABLED
OWNED BUSINESS ENTERPRISES
FORMS, INSTRUCTIONS AND SPECIAL CONTRACT PROVISIONS
.
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APPENDIX C
CITY OF PHILADELPHIA TAX AND REGULATORY
STATUS AND CLEARANCE STATEMENT
FOR RESPONDENTS
THIS IS A CONFIDENTIAL TAX DOCUMENT NOT FOR PUBLIC DISCLOSURE
This form must be completed and returned with Respondent’s proposal in order for Respondent to be eligible for award of a contract with the City. Failure to return this form will disqualify Respondent’s proposal from further consideration by the contracting department. Please provide the information requested in the table, check the appropriate certification option and sign below:
Respondent Name
Contact Name and Title
Street Address
City, State, Zip Code
Phone Number
Federal Employer Identification Number or Social Security Number:
Philadelphia Business Income and Receipts Tax Account Number (f/k/a Business Privilege Tax) (if none, state “none”)*
* You can apply for a City of Philadelphia Business Income and Receipts Tax Account Number or a Commercial Activity License on line after you have registered your business on the City’s Business Services website located at http://business.phila.gov/Pages/Home.aspx. Click on “Register” or “Register Now” to register your business.
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Commercial Activity License Number (f/k/a Business Privilege License) (if none, state “none”)*
____ I certify that the Respondent named above has all required licenses and permits and is current, or has made satisfactory arrangements with the City to become current with respect to the payment of City taxes or other indebtedness owed to the City (including, but not limited to, taxes collected by the City on behalf of the School District of Philadelphia), and is not in violation, or has made satisfactory arrangements to cure any violation, or other regulatory provisions applicable to Respondent contained in The Philadelphia Code.
___ I certify that the Respondent named above does not currently do business, or otherwise have an economic presence in Philadelphia. If Respondent is awarded a contract with the City, it promptly will take all steps necessary to bring it into compliance with the City’s tax and other regulatory requirements.
Authorized Signature Date
Print Name and Title
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APPENDIX D LOCAL BUSINESS ENTITY OR LOCAL IMPACT CERTIFICATION
Instructions: Respondents who seek as a positive factor in the City’s consideration of their application that they meet the Local Business Entity or Local Impact criteria as provided in Mayoral Executive Order No. 04‐12 should complete this Certification and return it with their application. Respondents providing this Certification should also include in a separate section of their application labeled “Local Business Entity or Local Impact Certification,” a statement that the Respondent believes it has met the Local Business Entity of Local Impact criteria “as set forth in the attached Local Business Entity or Local Impact Certification.” Check all appropriate certification options that are applicable to Respondent and sign below:
Respondent Name: ______
Local Business Entity Certification
___ I certify that the Respondent named above is a Local Business Entity because Respondent complies with the following criteria set forth in Section 17‐109 (3) (b) of The Philadelphia Code:
I. During the preceding 12 months, Respondent has filed a Commercial Activity or Business Privilege tax return with the City establishing that Respondent conducted business within the City within the calendar year preceding the filing of the return; and
II. During the preceding 18 months, Respondent:
A. Has continuously maintained a valid Commercial Activity or Business Privilege License and all other licenses and permits necessary to conduct business with the City; B. Has continuously occupied an office within the City, where business is conducted; and C. Satisfies at least one of the following requirements (Check those applicable to Respondent):
___ (1) More than half of Respondent’s full‐time employees work in the City at least 60% of the time; 38
___ (2) More than 50 of Respondent’s full‐time employees work in the City at least 60% of the time; or
___ (3) Respondent’s principal place of business is located in the City.
Local Impact Certification
___ I certify that in the performance of a contract resulting from this RFP, the Respondent named above will employ City residents
___ I certify that in the performance of a contract resulting from this RFP, the Respondent will perform the work in the City.
Authorized Signature Date
Print Name and Title
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APPENDIX E Technical Response Documents
How to use this section:
The following tables shall be used to facilitate complete answers by the responding parties. The goal of this section is to assist the respondents in providing a clear and complete picture of the products and service on offer. Responses should include a narrative section in which text along with tables and charts are used to fully answer the questions below. If the Respondent wishes to alter the listed order of sections or combine sections, the response must clearly indicate the re‐order and must be careful not to omit any items.
See each listed section below for detailed questions and instructions on how to respond. General format for this section shall be a concise narrative with headings to divide each topic area into sections. The sections may include tables, charts, diagrams, maps, images or other materials to effectively convey the requested information. Items with Response Type listed as Yes/No/NA can be answered in a summary table at the end of each section.
Feature Required/Most Response Type Comments/Explanations Desired/Desired
1. This column lists the item This column lists the Lists the Any other helpful or explanatory to be described degree of desirability response type information for the item expected for this question
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Implementation
E‐1: Implementation Plan
Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Describe the geographic extent, number of stations, and Required Narrative A list of likely candidates for sites will be number of bicycles of proposed system using the outlines provided in a separate addendum by or on provided in the background information of this RFP as a November 30th, 2013. starting point but elaborating based upon the professional experience of the respondent.
2. Describe the Site Selection Process Required Narrative Include description of all criteria used for site selection
3. Create a schedule for implementation with two variants: Required Narrative Describe the costs and staffing needs as well as any overall cost differences/economies of scale with each.
a. Aggressive roll out schedule—100 stations by September 2014, 200 stations by April 2015
b. Phased roll out schedule—50 Stations by September 2014, 200 stations by September 2017
4. Describe system roll‐out process, being sure to include Required Narrative the following items
a. Create a staff and organization chart specific to
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planning and through system launch.
b. New equipment costs associated with implementation
c. Estimated Permitting Costs
5. The City of Philadelphia expects that the implementation Required Yes/No/NA and roll out of system will meet or exceed the following standards
a. The contractor will be responsible for installation of all bike sharing equipment
b. All costs associated with installation, relocation etc. to be borne by the contractor
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Operations
E‐2: Operations Plan Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please provide a business and financial plan with Required Narrative quarterly projections that cover the following:
a. Plan for covering operational costs
b. Proposed Fare Structure Include revenue projections with each proposed fare structure.
c. Organization Chart of employees
d. Facilities, equipment needs
2. Please describe how you will develop, market and Required Narrative operate the System during the proposed contract period. Specify any changes in operation proposed for summer and winter months
3. Please describe your prior experience operating bike Required Narrative sharing systems or other similar ventures
4. Please provide your staffing plans, schedules and Required Narrative/ descriptions necessary for all aspects of the System, Tables including development, marketing and operations.
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5. Please describe how you will partner with local Required Narrative companies and distributors for the provision of materials and equipment related to the System and for System installation and staffing.
6. Please describe how you will meet MBE/DBE Required Narrative Refer to the Economic Opportunity Plan requirements included as Appendix B to this document
7. The City of Philadelphia expects that the bike sharing Required Yes/No/NA Please indicate "Yes," "No" or "NA (Not system will be operated to the following standards Applicable)" and provide any comments or explanations.
a. The Contractor will develop, operate and maintain all aspects of the System at agreed upon levels throughout the term of the anticipated contract.
b. The Contractor will hire and train adequate staff to support of Bikeshare System.
c. All information, including financial records and payment invoices, and all systems and facilities are subject to City inspections immediately upon request and the Contractor will provide all agreed upon management data to City immediate upon request.
d. At City's request, the Contractor will coordinate with City agencies and utility companies as necessary.
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E‐2: Call Center Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. System to immediately aid users with mechanical issues Required Yes/No/NA and/or injuries.
2. Customer service telephone number on every bicycle, Required Yes/No/NA with durable, weather resistant labels;
3. Customer service available 24/7 preferably Most Desired Yes/No/NA
4. Adequate staffing to ensure maximum wait time on Required Yes/No/NA phone of one minute
5. A robust program that ensures the highest customer Required Yes/No/NA satisfaction rating and allows the operator to address problems immediately;
6. Please describe the following features of the Call Center Required Narrative
a. Location of call center Philadelphia location strongly desired
b. Number of anticipated customer service employees
c. Experience of customer‐service specifically
d. The ability of customer service personnel to respond to voice, email and text requests for help
e. Data systems to track customer service issues, with sample reports
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f. Expected languages available in customer service 24/7 and/or on‐call
g. Strategy for communication of customer service to on‐street team, with specific methods for issue tracking and resolution
h. Decision to host customer service in‐house or outsource and reasons
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E‐3: Maintenance Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please outline your Maintenance Plans and provide a Required Narrative schedule for routine maintenance, cleaning and replacement of Bicycles and Stations.
2. Please describe all relevant prior experience in creating Required Narrative and implementing effective maintenance and repair plans.
3. Please describe all metrics, diagnostics and notification Required Narrative system(s) that will be used to determine when and where unexpected Bicycle and Station maintenance and cleaning is required.
4. Develop and provide a set of maintenance standards for Required Narrative/ the station and components (station, terminal, bicycles, and sign), as well as an audit procedure for these Table standards. Examples include:
a. Inspecting drive chain or shaft drive for proper functioning and lubrication;
b. Inspecting handlebar for proper centering and tightness;
c. Inspecting tires for proper inflation;
d. Inspecting brakes for excessive wear and ensure
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proper working order
e. Inspecting saddle for proper tightness;
f. Inspecting shifters for proper functioning;
g. Inspecting lights for proper functioning;
h. Ensuring components such as the basket, bell, and advertisement are properly attached
5. Please list all repairs that can be made "in the field" at the Required Narrative Station (e.g. checking/adjusting tire pressure, sticker/graffiti removal etc.)
6. Please explain how you will manage and coordinate Required Narrative Bicycle repair, tracking and repossession of Bicycles that are not returned within 24 hours, and responding to service and maintenance alerts.
7. The City of Philadelphia expects that maintenance of the Required Yes/No/NA bike sharing system will be operated to the following standards
i. Subject to approval by City, the Contractor should develop and abide by Maintenance Plan(s) to maintain System Bicycles, Stations and Station Computer Units in a state of good repair.
j. Maintenance teams will record all maintenance visits, cleaning and repairs using a modern computerized
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inventory management system
k. The Operator is responsible for locating and retrieving Bicycles that are not returned within 24 hours.
l. At the request of the City Maintenance Plan(s) may be altered at any time to ensure the adequate maintenance of all System equipment.
m. Operator assumes all responsibility for costs, repair, and replacement for damages to station, bicycles, and their service vehicles
8. Given that the bike sharing system is to be operated Required Narrative during the winter months, provide a snow removal plan for the system.
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E‐4: Rebalancing and Fleet Management Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please outline your Fleet Redistribution Plans and provide Required Narrative a schedule.
2. Please describe all relevant prior experience in creating Required Narrative and implementing effective fleet redistribution plans for Bikeshare or similar systems.
3. Please estimate the number of Bicycles that would need Required Narrative to be redistributed daily and the number of vehicles required to complete this task.
4. The City expects that service levels agreed upon in the Most Desired Narrative/ eventual contract will be maintained through the term of the contract. Please suggest a schedule of penalties Table and/or incentives to facilitate these service levels
5. Please provide an itemized list of your facilities Most Desired Table requirements (e.g. number, type and approximate square footage required).
6. Describe the proposed fleet including the type of vehicles Most Desired Table Environmentally friendly vehicles preferred and number of each
7. The City of Philadelphia expects that the following criteria Required Yes/No/NA can be met
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a. The Contractor shall secure adequate space to house any and all staff that operate in support of the Bike Share System. This space should be within a 10 mile radius of the center of the initial system deployment area.
b. The Contractor will locate and procure/rent all necessary repair facilities and equipment
c. The City shall have immediate full and free access to all facilities upon request.
8. Describe the system’s ability to expand/contract stations Desired Narrative to accommodate large crowds at major events.
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E‐5: Marketing Plan and Personnel Feature Required/Most Response Type Comments/Explanations Desired/Desired
1. Please detail how you will develop, market and Required Narrative operate the system. Include personnel, strategies, materials used, costs
2. Please describe all relevant prior experience in Required Narrative creating and operating effective Bikeshare or similar systems.
3. Please describe how you will partner with local Most Desired Narrative companies and distributors for the provision of materials and equipment related to marketing and promotions.
4. Describe all elements of system which may be able to Required Narrative/Graphics display the name and/or logo of a sponsor.
a. Include descriptions of each and comparable Desired Narrative/Table revenues in peer systems
5. Please describe the types of efforts that you expect Most Desired Narrative Consider outreach, pricing and any other will be successful in boosting the following: types of promotions.
d. Rides made
e. Membership
f. Revenues generated by users
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Physical Infrastructure
E‐6: Stations Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please describe your proposed stations include Required Narrative Be advised that steel products are likely dimensions weight, materials, construction methods etc. subject to Federal Buy American provisions. for each component. Describe origins of each component
2. Describe the locking mechanism that will be used to Required Narrative secure each bicycle
3. The City of Philadelphia asks that stations used in this system will meet or exceed the following expectations
a. Can be installed quickly and easily without marring Most Desired Narrative Explain installation or re‐location procedure the underlying surface including estimated time
b. Vandal and theft‐proof connection between station Required and bike;
c. Station lifespan exceeds 5 years Required
d. Modular design such that the station can be Required expanded or contracted easily
e. Space at each station for a clear wayfinding map Most Desired showing other nearby stations and city features
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f. Lighted space at each station for advertising panel Most Desired
g. System must maintain security during power failure Required
h. Users must be able to easily identify out of service Required Narrative Explain how this information is conveyed bicycles
i. Be capable of running 24/7 on ‘off grid’ energy Required Narrative Include evidence of solar performance on sources such as solar or other current peer systems and describe powering regime
j. Renters can choose which bike they rent Most Desired Narrative Explain how choosing works
k. Stations must have unified look and feel thought out Most Desired Yes/No/NA system
l. Stations must be able to be branded by a title or Most Desired Narrative Describe branding opportunities station sponsor
4. Pricing Scheme for Stations Required Table Table representing different prices under the following Scenarios
a. Pricing for constituent components of station Required Table
i. Kiosk Required Table
ii. Dock Required Table
iii. Solar Panel Required Table
iv. Sign/advertising assembly Required Table
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v. Additional components such as blank plates, Most Desired Table angled plates, conduit to bridge tree pits, turn corners etc.
b. Cost for custom colored paint, logos, finishes etc. Required Table and labeling/logo installation
c. Any quantity discounts or pricing schemes Required Table Explain differences in cost for 1, 10, 50, 100+ units
d. Pricing for top 5 most commonly replaced parts Most Desired Table Ex: touch screens, locking mechanism, sign, based on experience in peer systems solar panel, battery, cell phone relay etc.
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E‐7: Bicycles Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please describe your proposed bicycle include weight, Required Narrative Describe size range accommodated by bike materials, construction methods etc. design (ex. 5’2” to 6’3” etc.) and any rider weight limitations.
2. Describe how tracking technologies such as GPS or RFID Required Narrative can be incorporated into each bicycle
3. The City of Philadelphia asks that bicycles used in this system will meet or exceed the following expectations
a. One size to fit the majority of the adult population, Required Yes/No/NA with seat‐only adjustment
b. Multiple gears (3 or more); Required Yes/No/NA
c. Front and back lights which turn on automatically Required Yes/No/NA when the bicycle is in motion, with lights remaining illuminated for at least 60 seconds when the rider is stopped, reflectors visible from all sides
d. Puncture resistant tires Required Yes/No/NA
e. Reliable and intuitive braking system Required Yes/No/NA
f. Theft and tamper resistant features Required Narrative Explain tamper resistant features, provide theft and tamper data from existing systems
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g. Protection from grease, dirt, and tire spray with an Most Desired Yes/No/NA enclosed drive train and full fenders
h. Corrosion resistant materials with rust‐proof Most Desired Yes/No/NA external parts
i. Fully protected or enclosed cables Most Desired Yes/No/NA
j. Cargo capacity for items weighing up to twenty Most Desired Yes/No/NA Greater cargo capacity preferred as long as pounds (e.g., briefcase, book bag, and/or grocery bicycle handling is unaffected bags);
k. Light weight (less than 35 pounds); Desired Yes/No/NA
l. Capacity for sponsorship or advertising that can be Required Yes/No/NA Bicycle should be painted to match sponsor easily changed or City request. Some component colors should be selectable
m. Clearly visible space on bicycle for safety and Most Desirable Yes/No/NA instructional messaging
n. Upright riding position allowing for confident riding Most Desired Yes/No/NA in traffic;
o. Easy to operate, easy to mount and to hold in a Most Desired Yes/No/NA stopped position, including for shorter riders; step‐ through design
p. Useful life greater than 5 years Required Yes/No/NA
q. Kickstand or another device to allow the bicycle to Desired Yes/No/NA
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be supported upright
4. Pricing Scheme for bicycles Required Table Table representing different prices under the following Scenarios
a. Pricing levels for 3 speed, 5 speed and 7 speed Required Table models
b. Cost for active and passive GPS technology in each Most Desired Table bicycle
c. Cost for custom colored paint, fenders, components Required Table etc. and labeling/logo installation
d. Any quantity discounts or pricing schemes Required Table Explain differences in cost for 1, 10, 50, 100+ units
e. Average pricing for top 5 most commonly replaced Most Desired Table Ex: tires, chains, complete wheels, seats, parts in peer systems grips etc.
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Technological Infrastructure
E‐8: Station Computer Unit Feature Required/Most Response Type Comments/Explanations Desired/Desired
1. Please describe your proposed computer unit: include Required Narrative a description of the user interface and how the computer unit is situated in the bike sharing station. a. Describe a step‐by‐step process of registering as a Required Narrative Simple process is preferred first‐time user to the system and checking out a bicycle for a single day. b. Describe a step‐by‐step process of registering Required Narrative Simple process is preferred online, receiving fare media and checking out a bicycle as a system member. 2. Explain how terminal complies with current standards Required Narrative for data security, particularly for financial data, user names, and addresses. 3. The City of Philadelphia asks that computer units and Narrative Explain how each feature will be achieved customer interface used in this system will meet or exceed the following expectations: a. Ability to use all major credit cards at each station Required Yes/No/NA to check out a bicycle.
b. Ability to accept ID cards and Smartcards from Most desired Narrative Describe how computer interface will be businesses, universities, and SEPTA; car share forward‐compatible with other proposed services etc identification and fare payment technologies.
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c. Has clear posted instructions of instructions at Most Desired each terminal directing the users who to call in the event of problems (to prevent calls to right‐of‐ way owners);
d. A process for facilitating users who desires to park Most Desired a bike at a station where all docks are occupied
e. A process for facilitating users who desires to get Most Desired a bike at a station where all docks are empty
f. Uses a touch screen as primary interface Most Desired
g. Able to display instructions in multiple languages Most Desired
h. System must maintain data security during power Required failure
2. Explain in clear detail how problems with software Required Narrative will be handled, explaining in detail the following aspects:
a. Whose responsibility it is for user interface Required problem resolution
b. What is the procedure for remedying any Required problems with the user interface
c. What is the timeline for resolving problems? Feel Required free to differentiate by type if necessary.
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d. Propose a scheme of financial penalties for failure Most Desired to meet performance standards for the station computer unit.
3. Explain in clear detail how upgrades or requested Required Narrative changes to the software of the system will be handled
a. Whose responsibility it is for changes to the user interface b. What is the procedure for making changes to the user interface c. What is the timeline for resolving problems? Feel free to differentiate by type if necessary. d. Propose a scheme of prices, if applicable to Most Desired Table changes in the user interface with the station computer unit. 4. Provide verification of the following elements of Required Table/Narrative Independent verification preferred, but station computer performance internal testing documents accepted
a. Number of simultaneous transactions that can be Transaction includes checking in bike or made per station in relationship to number of checking out bike, registering as one‐day docks user etc.
b. Number of simultaneous transactions that can be made system wide
c. Failure rate of credit card transactions at both Indicate number of times per 10,000 stations and online registration (not including transactions user has to re‐enter credit card credit authorization rejection) data to use system/register with system/check out bicycle
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d. Failure rate of member fare media Indicate number of times per 10,000 transactions user has to re‐enter fare media data to use system/check out bicycle
e. Failure rate of computerized docks/locks Indicate number of times per 10,000 transactions that user is unable to successfully return or remove bicycles from docking stations
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E‐9: Central Computer System including Operating System and Database Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Describe the interface through which the operators of Required Narrative Screen shots and screen‐flow may be helpful the system will monitor its use.
2. The City of Philadelphia expects the overall computer Required Yes/No/NA system to be able to communicate real‐time with each station. Please indicate if this is the case.
3. Explain the process for completing the following tasks Required Narrative using the IT system (or other means if applicable):
a. Determining where each bicycle in the system is located in real time
b. Determining when a bicycle has been lost from the system
c. Determine how many rides/miles each bike has taken to facilitate maintenance
d. Find disabled bicycles using the system
e. Creating reports on usage and miles traveled on a system wide and bike‐by‐bike basis
f. Shut down individual stations or the whole system temporarily
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g. Create temporary sales or pricing incentives system‐ wide or station‐by‐station
4. Explain the process for verifying user information via Most desired Narrative Describe how computer interface will be credit user information as well as adherence to current forwards compatible with other proposed PCI(Payment Card Industry) standards identification and fare payment technologies (Cell phone, transit card, etc)
5. Explain how the overall IT system complies with current Required Narrative standards for data security, particularly for financial data, user names, and addresses.
6. Explain in clear detail how problems with software will Required Narrative be handled, explaining in detail the following aspects:
a. What is the procedure for remedying any problems Required with the IT Interface/Operating system
b. What is the timeline for resolving problems? Feel Required free to differentiate by type if necessary.
c. Propose a scheme of financial penalties for failure to Most Desired meet performance standards for the IT Interface / Operating System
7. Explain in clear detail how upgrades or requested Required Narrative changes to the software of the system will be handled
a. Whose responsibility it is to make changes to the IT interface/operating system
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f. What is the procedure for making changes to the IT interface/operating system
g. What is the timeline for making changes to the IT interface/operating system
h. Propose a scheme of prices, if applicable, to changes Most Desired Table Feel free to differentiate by type if in the user interface with the station computer unit. necessary.
8. All data generated by the bike sharing system will be the Required Narrative property of the City of Philadelphia. Please explain your procedure in transmitting the data to the City of Philadelphia.
9. Please describe the System's database management Required Narrative system, including search functions and the possibility of using anonymized data for transportation planning purposes.
10. Please describe how you will accommodate database Required Narrative maintenance and database back up while meeting the "offline" limits set forth in the Service Level agreements at the end of this document (e.g. back‐up servers etc.).
11. The City of Philadelphia expects that the database have Required Yes/No/NA Please indicate "Yes," "No" or "NA (Not the following features or capabilities Applicable)" and provide any comments necessary
i. The database is searchable and can provide both anonymized and non‐anonymized reports as
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necessary.
j. The database is upgraded and maintained on a daily basis.
k. The Contractor will provide reports to the City of Philadelphia in accordance with an agreed upon schedule or on request.
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E‐10: Website and Mobile Application Feature Required/Most Response Comments/Explanations Desired/Desired Type
1. Please describe the System Website and its architecture. Please include the approximate number and type of pages and example screenshots if possible.
2. Describe in detail the procedure for customizing a Required Narrative Give qualifications and experience as well as website for the City of Philadelphia bike sharing system examples for web development including examples of how content can be customized and branded by use of title or other sponsors
3. Please explain the sequence of steps a user would take in order to purchase a subscription. Please include example screenshots if possible.
4. The City of Philadelphia requests that the website Required Yes/No/NA contains the following features:
a. The Website should communicate constantly with the Central Computer System.
b. System users can purchase subscriptions and sign the liability waiver via the website.
c. The Website is available in multiple languages.
d. The Website allows users to search for Station locations through a variety of inputs (e.g. user‐ entered address, intersection or major place names,
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selecting from an interactive map etc.). Please list options.
e. The Website allows current Subscribers to access and update their subscription information, re‐ subscribe to the System and replenish their accounts.
f. The Website allows System users to track their use. Please describe types of information available to users.
g. The same Website is accessible from desktop computers and hand‐held wireless devices such as PDA's, Smartphones, and web‐enabled cell phones using browsers. Flash should not be used.
h. Critical functionality does not use any extensions that are not pre‐installed in the vast majority of browsers and any mark up or scripting should function correctly in all widely used browsers.
i. The Contractor will at the request of the City of Philadelphia, conduct on‐going improvements to the website, as needed to accommodate changes, including but not limited to, additional features and increased functionality, changes in website technology, and compatibility with new applications.
5. Describe in detail the procedure for developing suitable Required Narrative Give qualifications and experience as well as mobile applications for the City of Philadelphia bike 68
sharing system examples for mobile app development
a. Give an example of proposed content for mobile application
b. Give an example of how mobile content can be branded by a title sponsor
c. Describe how system data can be shared for open source developers
6. The mobile application will have the functionality to Most Desired Yes/No/NA indicate the closest station and number of bicycles to the user
7. The City of Philadelphia expects that the central Most Desired Yes/No/NA computer system should be able to relay data immediately to the mobile app
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APPENDIX F
PHILADELPHIA BIKE SHARE STRATEGIC BUSINESS PLAN
Complete strategic business plan should be downloaded from www.phila.gov/bikeshare or http://www.phila.gov/bikeshare/Documents/CompleteBusinessPlan.pdf
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Request for Proposals
Issued For:
Public Bike Sharing Equipment, Software/Technology and Installation
WisDOT Project I.D. 2190-06-71
Issued By: City of Milwaukee - Department of Public Works (DPW)
Proposals Must Be Submitted
No Later than 3:00pm Central Time on Tuesday, February 3rd , 2015
LATE PROPOSALS WILL BE REJECTED
Federal funds are utilized within this contract, and the DBE goal is discretionary.
City of Milwaukee Public Bike Sharing Equipment RFP Page 1 of 35
TABLE OF CONTENTS
1.0 GENERAL INFORMATION
1.1 Introduction ...... 4 1.2 Background Information ...... 5 1.3 Procuring and Contracting Agency ...... 6 1.4 Project Funding ...... 6 1.5 Proposal Project Schedule ...... 6 1.6 Procedures ...... 7 1.7 Proposer’s Acknowledgement ...... 7 1.8 Special Conditions ...... 7 1.9 Bonding ...... 7
2.0 SCOPE OF WORK
2.1 Objectives ...... 8 2.2 Project Overview ...... 8
3.0 TECHNICAL SPECIFICATIONS
3.1 System Installation and Operations ...... 10 3.2 Station Equipment ...... 10 3.3 Bicycle ...... 11 3.4 Software/Technology ...... 12 3.5 Online Presence (web and mobile) ...... 12
4.0 PROPOSAL SUBMITTAL INFORMATION AND FORMAT
4.1 General Information ...... 14 4.2 Submitting a Proposal ...... 14 4.3 Request for Clarifications ...... 15 4.4 Proposal Format ...... 15 4.5 Proposal Sections and Detail ...... 16 4.6 Incurring Costs ...... 17 4.7 Interviews, Presentations and Demonstrations ...... 17
5.0 Qualified Based Selection and Award Process
5.1 Evaluation Committee ...... 19 5.2 Preliminary Evaluation ...... 19 5.3 Proposal Scoring ...... 19 5.4 Evaluation Criteria ...... 19 5.5 Final Evaluation ...... 20
City of Milwaukee Public Bike Sharing Equipment RFP Page 2 of 35
5.6 Right to Reject Statement of Qualifications and Negotiate Contract Terms ...... 20 5.7 Right to Investigate Qualifications ...... 20
6.0 GENERAL CONDITIONS AND REQUIREMENTS
6.1 General ...... 21 6.2 Open Records ...... 21 6.3 Incorporation of Offeror’s Proposal ...... 21 6.4 How to Amend Proposal Before Due Date and Time ...... 21 6.5 Response to Remain Open ...... 22 6.6 Pricing ...... 22 6.7 Non-Collusion...... 22 6.8 The City of Milwaukee Reserves the Right to ...... 22 6.9 Contract Execution ...... 22 6.10 Americans with Disabilities Act Compliance ...... 23
ATTACHMENT A: City of Milwaukee Standard Terms and Conditions ...... 24
ATTACHMENT B: City of Milwaukee Insurance Requirements ...... 28
ATTACHMENT C: Buy America Provision ...... 29
ATTACHMENT D: Cost Proposal Spreadsheet...... 30
ATTACHMENT E: Vendor References Form ...... 31
ATTACHMENT F: Designation of Confidential, Trade Secret, & Proprietary and Information Form ..... 32
ATTACHMENT G: Proposer’s Document Submission Checklist ...... 34
ATTACHMENT H: Proposer’s Acknowledgements ...... 35
City of Milwaukee Public Bike Sharing Equipment RFP Page 3 of 35
1.0 GENERAL INFORMATION
1.1 INTRODUCTION
The City of Milwaukee [the “City”] envisions a public bike sharing system that will provide convenient, healthy and cost effective urban transportation for residents, employees and visitors. The City is seeking to deploy public bike sharing stations in Downtown Milwaukee, major neighborhood nodes, business districts and corridors, key cultural, educational and recreational destinations, and transportation hubs within the City limits over the course of several project phases.
Monthly members and daily/per trip users will be able to utilize a fleet of shared bicycles for short utilitarian (i.e., commuting, errands, appointments), social, recreational, tourism and fitness trips. Users will be able to pick up and return bicycles from any self-service station after purchasing daily, monthly or per use access to the shared bicycle fleet.
There is also active interest in public bike sharing in several adjacent communities, all which will likely have siting and operational relationships with the phased development of a public bike sharing system in the City of Milwaukee.
The City of Milwaukee was awarded $1.6 million of federal Congestion Mitigation / Air Quality (CMAQ) funding to design and implement the first phase of a public bike sharing system in the City of Milwaukee. Per the various requirements associated with federal transportation funds, the City of Milwaukee is issuing this Request for Proposals (RFP) package to competitively solicit firms/vendors to supply public bike sharing equipment, technology/software, and installation and related services.
The City of Milwaukee is actively working with Midwest Bike Share (also known as Bublr Bikes) on the development of this public bike sharing system. At present, Midwest Bike Share is operating 10 bike sharing stations in Downtown Milwaukee that were implemented in advance of the availability of the City’s federal funding.
Midwest Bike Share conducted its own procurement process in early 2014 to launch these first 10 stations. However, the City is required by its federal funding source to seek competitive proposals for bike sharing equipment, software and technology services, and equipment installation and related services. The City takes this competitive procurement requirement seriously and will be selecting a firm/vendor that best meets the City‘s scope of work and requirements, which may or may not be the same firm/vendor that Midwest Bike Share selected for the existing 10 stations.
The City is seeking to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure bike share station equipment, technology and installation. This is a negotiated procurement, so the award of a contract does not have to be made to the Proposer submitting the lowest cost proposal, but rather to the Proposer submitting the best, most responsive proposal satisfying the City of Milwaukee’s requirements.
Proposals shall be received by 3:00 p.m. Central Time on Tuesday, February 3, 2015.
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1.2 BACKGROUND INFORMATION
The City of Milwaukee envisions providing all residents and businesses with a high quality, well-maintained, multi-modal transportation system that efficiently integrates multiple transportation options across the region, while strengthening the local economy and reducing environmental impacts. This vision of success for transportation includes:
• Planning and Connectivity – land use and transportation planning are better integrated with diverse housing and reliable transportation options connecting people to jobs, educational institutions, health care providers, shopping, and recreational outlets.
• Transportation Options – place emphasis on moving people between destinations rather than just moving automobiles, including designing streets for multiple transportation options, including public transit, bicycling, and attractive and accessible sidewalks to encourage walking by persons of all ages and abilities.
• Economic Development – the City’s transportation system needs to support the local economy by efficiently and conveniently connecting residents to workplaces, schools and recreation, as well as facilitating the movement of goods and services.
• Improved Health – continued increases in walking and bicycling and the use of public transit can improve the general health of Milwaukee residents by incorporating active transportation into their daily lives and reducing air and water pollution generated by more dominant modes of transportation.
As part of the City’s efforts to implement this vision, the City of Milwaukee is interested in developing a public bike share system, which would feature a fleet of shared bicycles that may be rented from one bike share station and returned to another in a network of bike share stations, providing a transportation alternative to motor vehicle trips for residents, employees and visitors.
Currently, the City is in the process of completing a formal agreement with Midwest Bike Share to operate public bike sharing stations in the City of Milwaukee. Midwest Bike Share, Inc. (MBS) is a 501(c)3 not-for-profit corporation based in Milwaukee that is operating 10 bike share stations (Bublr Bikes – www.bublrbikes.com ) in downtown Milwaukee. These stations were purchased using public tax improvement district (TID) dollars as well as privately raised funds. Midwest Bike Share staff and board are fully aware that the City’s federal CMAQ transportation funding award requires a competitive procurement process that may or may not result in the selection of the same vendor that MBS selected for the 10 stations it launched in 2014.
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1.3 PROCURING AND CONTRACTING AGENCY
This RFP is issued by the City of Milwaukee’s Department of Public Works and the Wisconsin Department of Transportation while utilizing Federal Funding. The City of Milwaukee staff person responsible for managing the procurement process is Kristin Bennett, Project Manager.
The contract resulting from this RFP will be directly with and administered by the City of Milwaukee’s Department of Public Works. The contract administrator will be Kristin Bennett, Project Manager. The City of Milwaukee is the sole point of contact during the selection process and project.
1.4 PROJECT FUNDING
The Federal Highway Administration through the Wisconsin Department of Transportation, under the Congestion Mitigation/Air Quality (CMAQ) Program, is providing $1,280,000 with the City of Milwaukee providing matching funds of $320,000 for a total of $1,600,000 to design and implement the first phase of public bike sharing stations in the City of Milwaukee. A copy of the CMAQ funding application is available upon written request.
There is at least $1,104,800 of these CMAQ funds available for procurement of bike sharing equipment, technology/software, and installation/related services. The remainder of the CMAQ funds and local match are earmarked for project management, station/system planning and field work, site preparation and related construction. If there are any funds remaining after all station planning and development work is completed, it will be transferred to the project’s procurement budget.
1.5 PROPOSED PROJECT SCHEDULE
Date (or Expected Date) Description of Events Wednesday, January 14 , 2015 RFP Package Issued Wednesday, January 21 , 2015 Deadline to Submit Requests for Clarification Tuesday , February 3, 2015 Proposals Due by 3:00 p.m. Central Time February 4 – 13 , 2015 Evaluation of Proposal Submissions February 16 – 20 , 2015 Interviews for Shortlisted Vendors (if needed) Early – mid -March 2015 Contract Negotiations with Selected Firm Summer 2015 Initial Delivery / Installations of project equipment (Only a portion of the stations/bicycles is expected to be deployed in 2015; that quantity of equipment is currently being determined by City staff.) By December 2016 Expected Completion of all Phase 1 Base equipment purchases and installations
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Please note that a Proposer should be prepared to deploy all station equipment in 2015 per the proposed schedule above. However, the City anticipates only a portion of the 28-plus Phase 1 stations will be deployed in Summer/Fall 2015 due to the expected approval timeline and/or site preparation complexity of some station locations. In the event some stations sites will not be ready for installation and operation in 2015, the remainder of the stations will be installed in early to mid 2016.
1.6 PROCEDURES
The extent and character of the services to be performed by the firm shall be subject to the general control and approval of the City’s Project Manager or her/his authorized representative(s). The firm shall not comply with requests and/or orders issued by anyone other than the City’s Project Manager or her/his authorized representative(s) acting within their authority for the City of Milwaukee. Any change to the contract must be approved in writing by the City of Milwaukee and the Contractor.
The successful Proposer is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or its rights, title or interest therein or its power to execute such agreement to any other person, company or corporation without the prior consent and approval in writing by the City of Milwaukee
1.7 PROPOSER’S ACKOWLEDGEMENT
By submitting a response to this RFP, each Proposer unequivocally acknowledges that the Proposer has read and fully understands this RFP and that the Proposer has asked questions and received satisfactory answers from the City regarding any provisions of this RFP with regard to which the Proposer desired clarification.
1.8 SPECIAL CONDITIONS
The City of Milwaukee encourages all cyclists to wear a helmet when operating a bicycle. A solid white headlight visible for at least 500 feet is required at night, and all bikes must have a red rear reflector per Wisconsin state law. The City of Milwaukee allows bicycles to be parked on the sidewalk as long as they do not obstruct pedestrian traffic. The City of Milwaukee does not permit bicycle riding on sidewalks except for limited and certain segments of sidewalks that have been authorized by the Commissioner of Public Works and marked by appropriate marks and signs.
1.9 BONDING
The selected Firm will be required to provide a bond equivalent to 10% of the total Contract amount (Base Purchase period).
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2.0 SCOPE OF WORK
2.1 OBJECTIVES
The Milwaukee public bike sharing system aims to enhance the community by providing an affordable, efficient, environmentally friendly bike share program that complements the existing public transportation system and provides residents, employees and visitors a healthy, convenient and cost effective form of urban transportation. This project strives to improve the quality of life for residents and visitors in the following ways:
• Providing a first and last mile solution to extend the reaches of existing public transportation options; • Creating an affordable, accessible, efficient way to experience the City; • Encouraging bicycling for short trips and supporting the City’s goal to triple the number of bicycle commuters; • Enhancing livability by using strategically placed stations to connect business, activity, residential, and retail centers; and • Offering a strong alternative to driving which results in improved air quality, community health, and overall well-being of the citizens in our city.
2.2 PROJECT OVERVIEW
The City of Milwaukee is seeking Proposals from qualified firms/vendors for bike share equipment, software/technical services and installation and related services to result in the Phase 1 roll-out of at least 28 stations per the proposed award schedule.
City staff is currently working on station planning and siting and does not currently have a specific number of stations. However, staff estimates that a minimum of 28 stations will be included in Phase 1 with an option to purchase and install more stations depending on the materials, technology and installation costs. Station planning and site preparation will be completed by the City of Milwaukee.
Vendors are encouraged to develop proposals that maximize the amount of equipment and technology that can be provided. The selected vendor will also install, test and assemble all equipment and technology at prepared station sites. Proposals shall provide a detailed timeline starting from the Notice to Proceed to the completion of Phase 1 installations. The City of Milwaukee expects to deploy only a portion of the first group of stations and bicycles from the Base Purchase in Summer 2015, and the remainder of this Base Purchase group of stations/bicycles will be deployed by the end of 2016. The specific quantities to be deployed in each year are currently being determined by City staff.
The successful bidder must obtain or provide software for the Milwaukee public bike sharing system, and shall list the City of Milwaukee as the licensee or sub-licensee of this software. Under the terms of this license, the City of Milwaukee and its authorized users or representatives shall be permitted to access, use, display, and reproduce the
City of Milwaukee Public Bike Sharing Equipment RFP Page 8 of 35 software for the purposes of operating and maintaining the Milwaukee public bike sharing system.
Proposals will also indicate what processes or protocols the firm/vendor will establish to ensure that the City of Milwaukee and its authorized users or representatives can continue operating the bike sharing equipment and software/technology in the event the firm/vendor ceases to exist, defaults, or is otherwise unable or unwilling to reasonably perform its obligations (including but not limited to bankruptcy, receivership, changes in ownership or substantial changes in operation) under the full term (including renewal terms) of the contract that is executed pursuant to this RFP. At a minimum, these protocols should provide for the assignment and transfer of any and all licenses, rights, permissions, authorizations, or computer source code that may be necessary to continue operating the bike share system in the absence of the firm/vendor.
As noted above, the City is seeking to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure bike share station equipment, technology/software and installation. An IDIQ contract provides for an indefinite quantity of materials, equipment and/or services for a fixed time – a base year(s) and option year(s).
The City of Milwaukee is seeking Proposals for the identified minimum and maximum quantities for the following Base Purchase and future Options:
Base Purchase Option 1 (est.) Option 2 (est.)
2016 – Dec. 2017 2017 – Dec 2018 2015 – Dec. 2016 Bike Share Stations* 28 min. / 50 max. 15 min. / 45 max. 15 min. / 45 max Expected quantity (range) of bicycles 13 -22 bikes 13 -22 bikes 13 -22 bikes per station
* City staff expects that most of the bike share stations will be hard wired for electric service, however, the City does expect that some stations may need to be solar powered. The quantities for hard-wired electric stations versus solar stations are currently being determined by City staff. Likewise, City staff expects that some bike share stations may need to be boltless bases due to their installation locations. City staff is currently determining the base installation type that may be required at each proposed station site.
As noted in Section 1.4, the City of Milwaukee anticipates at least $1,104,800 for equipment, technology and installation purchases in the Base Purchase. Option 1 and Option 2 reflect the possibility that additional funding beyond this initial funding for capital equipment purchases and installations (plus related technology/software and site preparation) could extend the City’s purchasing through December 2018.
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3.0 TECHNICAL SPECIFICATIONS
This section provides expected characteristics of the Milwaukee public bike sharing system for system installation and operations; station and bicycle equipment; software; and online presence. The burden is on the Proposer to affirmatively demonstrate in its proposal how these expected system equipment and operational characteristics will be met. Additionally, because federal transportation funds are being used on this project, the Proposer must meet the Buy America provisions – please see Attachment B.
3.1 SYSTEM INSTALLATION AND OPERATIONS
a. Provide all equipment and setup, including but not limited to bicycles, stations, software and licensing. b. Produce membership cards that can be customized with the local brand logo and/or sponsor recognition. c. Pre-launch training for operational staff, including hardware maintenance, bicycle redistribution, software management and customer service. d. Provide information on an option to provide 24-hour client services during the first year of system operation.
3.2 STATION
a. Bike share stations with signs (lighted or unlighted—provide pricing for both) capable of displaying maps and advertising. b. Custom color and branding. c. Low maintenance/long expected useful life and high durability of station and components including, but not limited to, rust/corrosion preventative coating and materials, graffiti resistance. d. Smallest feasible footprint to enable installation in a space currently used as a parking space or on a wide sidewalk. e. Modular stations capable of fitting in areas of various shapes and sizes; include sample configurations to describe the range of layout options (e.g., curves, wrap around corners, options to work around fixed objects like light poles and other typical right-of-way elements). f. Tamperproof, dual locking bike docks. g. Options for AC or solar power, bolted or non-bolted docking bases, and single- or double -sided docks. h. If integrated solar panels are used to power the stations, the reliability and aesthetic impact of the power source will be important considerations, including a backup power source. The proposal should indicate the size and model of solar panels that will be used and, if applicable, the type of batteries, battery options, and the estimated frequency at which batteries will need to be maintained and also replaced. i. Ability to customize station aesthetics. j. Ability to customize stations with name and sponsor logos on each kiosk, map display and/or dock as designated by the potential sponsor(s). k. Responsive touch screen kiosks that are in color and visible in direct sunlight.
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l. All weather card readers accepting membership cards, credit cards, debit cards, including foreign credit and debit cards with “chips”. m. Capacity to maintain system security during loss of power or internet connection. n. A reliable and secure wireless system with encryption for financial data. o. Wireless connectivity relaying real time communication between stations and headquarters, particularly to report number of bikes per station and malfunctions. p. Simple methods for users to alert system operators of station or bike malfunctions. q. Ability for members to skip kiosk and check out bike directly from individual dock via RFID card or key. r. Constructed of tamper, theft and vandalism resistant, all weather materials. s. Capacity to display safety information, preferred routes, including a lighted map. t. Option(s) for overhead cover for stations for weather and debris protection (can be produced by responding firm/vendor or a Third Party vendor).
3.3 BICYCLE
a. Bike share bicycles (please include the overall weight of the proposed bicycle). b. Custom color and branding. c. Low maintenance, durable and constructed of tamper, theft, vandalism and rust/corrosion resistant all-weather materials. d. Enclosed derailleur, drive train, full fenders for protection from grease, dirt, and tire spray. e. Step-through, one-size, unisex frame, designed to fit the majority of the adult population with seat-only adjustment. f. Self-charging, solid white headlight visible for at least 500 feet, also rear red tail light (solid and/or blinking); both lights need to have the capability to remain lit for up to 60 seconds when the bicycle is not being pedaled. g. Minimum 3-speed internal gears with easy to use shifters (if other speed drive trains are available, please include this as a cost option). h. Puncture resistant tires and heavy duty, reflective rims. i. Handlebars that cover components and cables and outfitted with durable hand grips that are appropriate for local weather conditions in the Milwaukee area. j. Kickstand, loud bell, and durable theft- and weather-resistant saddle that is simple for system users to adjust. k. Option to equip bicycle with a secondary, on-board lock. l. Equipped with self-charging GPS. (Please indicate if the GPS is passive and/or active, the price differential if active GPS is an option/upgrade, and the format of the data for both passive and active GPS. The City of Milwaukee uses ESRI Arc GIS software for GIS analysis.) m. Cargo capacity for items like a briefcase, purse, book bag, shopping bags (up to 20 pounds). n. RFID tag (anti-theft mechanism and unique identification of each bike). o. Capacity to convey bicycle laws and safety, maintenance and customer service information on the bicycle. p. Ability to customize bikes with name and sponsor logos on each bicycle’s rear fender/wheel, chain guard, handlebars and/or front placard as designated by the potential sponsor(s).
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3.4 SOFTWARE
General Features
a. Ability to control/disable entire system, individual stations, and bikes from system headquarters via wireless connectivity or online operator’s personal computer b. Data security, particularly for financial data, user names and addresses c. Ability for users to read and accept a liability waiver via kiosk and online d. Capacity to issue reports to maintenance crews indicating where to rebalance and where bicycles needing repair are located e. Ability to adjust hours of operation for specific stations or entire system, with the capacity to operate 24 hours a day f. Ability to adjust prices for check-out and bike usage by day, time, station g. System in place to enable bike check-ins and check-outs away from station locations, such as at community events h. Potential ability to link the Milwaukee system to other bike share systems, so that users of each can utilize all systems with a single membership card. i. Ability to collect email addresses, e-mail receipts and sign users up for e-newsletter j. Six language options minimum with Spanish included as one of the language options (please provide a full list of all language options offered) k. Paperless transactions l. Ability to purchase daily, weekly, monthly, and annual memberships at the kiosk m. Ability to generate detailed reports by date/week/month n. Software and online upgrading shall be provided at no additional cost during the term and all renewal terms and kept current with the latest release provided to any other system in the United States or Canada
User Reporting Metrics
o. Total users (24-hour/week/month/year) p. Detailed trip characteristic reports (day/month/year) q. Detailed miles traveled report r. Detailed calories burned report s. GPS bike route reports t. User demographics u. Vehicle miles reduced v. Gallons of gasoline saved w. Carbon emissions reduced
3.5 ONLINE PRESENCE (WEB AND MOBILE)
a. Web site, personalized to the Milwaukee bike sharing system, coordinated with partner organizations and/or municipalities, with basic information, FAQ, and brochure and map download b. Ability for users to purchase memberships online and to set up auto-renew c. Ability to offer membership discounts to certain populations online, including students, senior citizens, and employees of a certain organization
City of Milwaukee Public Bike Sharing Equipment RFP Page 12 of 35 d. Six language options minimum with Spanish included as one of the language options e. Ability for users to pay monthly installments toward the price of annual membership f. All elements of the web site will be fully functional and thoroughly tested no less than one month before the launch of the program g. Mobile application available on both iPhone and Android phones h. Easily navigable station map, also accessible on mobile application i. Real-time display of station status (active/inactive, full/empty), also accessible on mobile application j. Mechanism for users to report problems, make system improvement suggestions k. Social media integration on web site, such as Twitter/Facebook/blog feeds l. Ability to collect survey information and customer satisfaction ratings m. Search engine optimization for “Milwaukee Bike Share” and similar queries n. Personalized member Web pages that provide desired user reporting metrics information. o. Social networking features, such as member “leader boards” displaying most active users for the week, month, and year.
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4.0 PROPOSAL SUBMITTAL INFORMATION AND FORMAT
4.1 GENERAL INFORMATION
The evaluation and selection of a firm/vendor will be based on the information submitted in the Proposals plus information gathered from references. Proposers should respond clearly and completely to all requirements. Failure to respond completely may be the basis for rejecting a Proposal.
Each Proposer should submit a detailed response to the RFP. The response shall include sufficient information to enable the City of Milwaukee to fully evaluate the capabilities of the Proposer and its approach to providing the specified services. Unnecessarily elaboration or voluminous responses are neither required nor wanted. Discussion of the firm’s past experience, which is not germane to the specified services, should not be included. The response shall specifically address the issues raised and provide the information requested.
It is the responsibility of the Proposer to examine the entire RFP package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a response. (See Section 1.5 for instructions on how to obtain clarifications on this RFP.)
4.2 SUBMITTING A PROPOSAL
Proposer shall submit two (2) original Proposals and six (6) copies of the Proposal in a sealed package to the City of Milwaukee no later than 3:00 P.M. on the WEDNESDAY, FEBRUARY 3, 2015. Proposals received after the due date/time shall be returned to the sender unopened. Two (2) proposals shall be marked original and bear all original signatures. The other six (6) may be copies.
The submittal shall be labeled “ Public Bike Sharing Equipment Proposal ” and be addressed and delivered to:
Rollin Bertran, Engineer-in-Charge City of Milwaukee Department of Public Works 841 North Broadway, Room 701 Milwaukee, WI 53202
Proposals arriving late due to a delay in the delivery process will not be accepted.
In addition to the above documentation, the respondent shall also submit electronic copies of responses (except the cost proposal) to [email protected] by 3:00 p.m. Central Time on WEDNESDAY, FEBRUARY 3, 2015.
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4.3 REQUEST FOR CLARIFICATIONS
The City of Milwaukee will not respond to oral requests. Only written requests, including questions and/or RFP or project clarifications, will be acceptable (mail, email and/or email attachments will be accepted).
All written requests for clarification in response to the RFP, including any significant ambiguity, error, conflict, discrepancy, omissions or other deficiency in this RFP, must be received by the City no later than WEDNESDAY, JANUARY 21, 2015 at 3:00 p.m. Central Time. Please submit these requests in writing via mail or e-mail to:
Kristin Bennett, AICP (Project Manager) Bicycle/Pedestrian Transportation Coordinator City of Milwaukee Department of Public Works 841 North Broadway, Room 920 Milwaukee, WI 53202 [email protected]
Responses to requests for clarifications about the RFP will be sent out via email to all firms who provided their contact information to the City for the RFP Holder’s List. (Please call 414-286-3314 to provide your firm’s complete contact information if you have not already done so). Only written responses from the City of Milwaukee, provided as addenda, shall be official and all other forms of communication with any officer, employee or agent of the City of Milwaukee shall not be binding on the City or WisDOT.
4.4 PROPOSAL FORMAT
Proposals shall comply with the following instructions, which are intended to ensure submissions contain the required information and documentation and have a degree of uniformity in the presentation of material.
Complete proposals, including cover page and table of contents are limited to 40 pages (excluding a typical title page and table of contents), type written with text in legible print on one or both sides of 8.5 X 11 inch sheets excluding the separate, sealed price proposal. Folded 8.5 x 14 inch (legal) or 8.5 x 17-inch (tabloid) sheets are acceptable but should be utilized only for selective graphic displays, large spreadsheets or project schedules. Please include page numbers on each page of the proposal (excluding title page and table of contents).
Each firm/vendor responding to this RFP shall prepare a Cost Proposal – two (2) originals and six (6) copies – and submit it under a separate sealed envelope marked as follows:
CITY OF MILWAUKEE – DO NOT OPEN
PUBLIC BIKE SHARING EQUIPMENT COST PROPOSAL FEBRUARY 3, 2015
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4.5 PROPOSAL SECTIONS AND DETAIL
Cover Page and Table of Contents
Cover page should include the project title, WisDOT Project ID number, name of firm(s) and submission date. The cover page and table of contents do not count toward Proposal page number limit.
Completed Proposer’s Document Submission Checklist – see Attachment G
Completed Proposer’s Acknowledgements Form – see Attachment H
Introductory/Cover Letter
Limit the introductory letter to a maximum of two (2) pages. Include contact information (i.e., contact names, telephone and facsimile numbers and email addresses) and other information introductory in nature for the firm making the proposal.
Company Experience/Organization Capabilities and Capacity
a. Describe past projects that would qualify your organization to fulfill the requirements of Milwaukee’s proposed bike share system. Be concise in your description.
b. Describe your firm’s availability and capability to meet the projected project schedule, including providing a more detailed project schedule with production lead time assumptions and likely installation schedule or time required per station.
c. Please provide your contingency plan or business continuity plan in the event organization ceases to exist, defaults, or is otherwise unable or unwilling to reasonably perform its obligations.
Products, Service and Support
a. Describe the proposed infrastructure/technology, including types of bicycles, kiosks, hardware and software involved. Be detailed but concise in your description. Responses must reference the Technical Specifications in Section 3.0 above.
b. Provide a detailed timeline from Notice to Proceed to Completion of the Base Purchase period. Please refer to the Proposed Project Schedule in Section 1.5 above.
c. Describe the estimated useful life of each piece of hardware (such as bikes, station, kiosks, docks and solar panels).
d. Describe the specifics of the proposed warranty terms.
e. Describe station site selection support services.
City of Milwaukee Public Bike Sharing Equipment RFP Page 16 of 35 f. Describe implementation and installation services. g. Describe on-going, end-user customer support services.
h. Describe on-going operational support and training services.
Exceptions to Any Portion of the Solicitation Requirements
Proposers are cautioned to limit exceptions, conditions and limitations to solicitation documents as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFP. Exceptions taken to the terms and conditions of the solicitation, to any of its formal attachments or to other parts of the solicitation shall be clearly identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Proposer shall provide rationale in support of the exception and fully explain its impact, if any, on the performance.
Completed Vendor Reference Forms
Provide five (5) references from other recent cities or systems for which your firm has provided/is providing similar services and identify when work was performed, the type of work and services performed, and the amount of bike share equipment provided. These references should be comprised of locations where you provided more than 50 bikes to a system, including any that are no longer operational. Please use the Vendor References Form (Attachment E) to provide this information.
Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. The results of the reference check will be provided to evaluators and used in scoring the written Proposal.
Certificate of Insurance - see Attachment B for insurance requirements
Completed Designation of Confidential, Trade Secret and Proprietary Information Form
Cost Proposal – Package #2
Proposers shall use the proposal spreadsheet provided with this RFP package to submit their separate , sealed cost proposals. See ATTACHMENT D FOR COST PROPOSAL SPREADSHEET.
Proposers are welcome to submit additional relevant information regarding their cost proposal in any format of their choosing, but this information shall not be in lieu of completing the required cost proposal spreadsheet.
No cost, price or financial information of any kind shall be included in Package # 1 or any of the proposal documents that it will contain.
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4.6 INCURRING COSTS
The City of Milwaukee and/or Wisconsin Department of Transportation (WisDOT) are not liable for any costs incurred by Proposers in responding to this RFP, including interviews, presentations or negotiations (i.e., travel, shipping/freight, etc.).
4.7 INTERVIEWS, PRESENTATIONS, AND DEMONSTRATIONS
The City of Milwaukee reserves the option to conduct interviews and/or pre-award discussions with any or all responsive and responsible respondents who submit eligible proposals. No Proposer shall rely upon the opportunity to present additional or clarifying information at a later time.
The interviews or pre-award discussions, if required, shall be conducted to solicit information to enable the City to evaluate the capability of the applicable Proposer offering the desired services. If the City notifies a Proposer that an interview or pre- award discussion is required, the City shall inform the Proposer of the schedule, order and procedure for the interview/discussion, including its content, time limits, identity of the presenters and use of handouts and visual aids.
If interviews/discussions are scheduled, the representative(s) of the firm who will be directly assigned to the account shall be present at the interview. During the interview, the Evaluation Committee may advise the Proposer of Proposal deficiencies and shall allow the Proposer to satisfy the requirements, questions or concerns by submitting final documentation by a deadline specified by the City. The Proposer may decide not to modify its Proposal and may inform the City the Proposal is firm and final.
The City may request that respondents provide one (1) bicycle and one (1) proposed station, samples of access cards/fobs, color sample chips, other systems’ marketing materials, and the like. Respondents may be required to demonstrate the proposed system, including but not limited to the proposed bicycles, stations and computer systems. The bicycle and station may then be tested by the City, which may involve the dismantling of the equipment. Station and bicycle equipment samples remain the property of the Proposer and will be returned to the Proposer at the Proposer’s expense.
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5.0 QUALIFIED BASED SELECTION AND AWARD PROCESS
5.1 EVALUATION COMMITTEE
Responses to this RFP will be evaluated and ranked by an Evaluation Committee chaired by the Transportation Division’s Engineer-in-Charge. The City’s Evaluation Committee will consist of members selected because of their special knowledge about this project and their knowledge of the State’s requirements for these projects. Proposers may not contact members of the Evaluation Team except at the City’s request.
Representatives (staff, board members or contractors) of Midwest Bike Share/Bublr Bikes will not be participating in the review, evaluation or scoring of the Proposals.
The Evaluation Committee shall not disclose any information included in a proposing firm’s proposal documentation to another firm and shall not disclose any information for the purpose of bringing one firm’s proposal documentation up to that of a competitor’s proposal documentation.
5.2 PRELIMINARY EVALUATION
The Proposals will first be reviewed to determine if all requirements are met. Failure to meet all requirements may result in the Proposal being rejected. Proposals received after 3:00 p.m. Central Time on WEDNESDAY, FEBRUARY 3, 2015 are not eligible and shall not be considered for award of contract.
5.3 PROPOSAL SCORING
Following the preliminary evaluation, eligible Proposals will be reviewed by the Evaluation Committee and scored against the stated criteria. The committee will also review references. The Evaluation Committee’s scoring will be tabulated, and Proposals ranked based on the numerical scores received.
5.4 EVALUATION CRITERIA
Proposals shall be evaluated according to but not limited to the following criteria:
a. Company Experience and Viability, including References (20%)
b. Organization’s Capabilities and Capacity (15%)
c. Product, Service and Support (35%)
d. Equipment Availability and Delivery (5%)
e. Cost Proposal (20%)
f. Exceptions to Any Portions of the Solicitation Requirements (5%)
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5.5 FINAL EVALUATION
Upon completion of reference checks, the City’s Evaluation Committee will review the preliminary evaluations and make adjustments to the requirements scores based on the information obtained. If deemed necessary by the Selection panel, the highest ranked Proposers may be invited for a verbal presentation and interview.
If additional Proposal Documentations are required, the Evaluation Committee shall reevaluate each of the final Proposal Documents, including those deemed final at the interview. The final Proposal Documentations shall be evaluated on the same criteria used in the first evaluation.
The Evaluation Committee shall recommend the top ranked Proposer to the Commissioner of Public Works, who shall approve the final selection. This selection must also be approved by the Wisconsin Department of Transportation before any award is made.
5.6 RIGHT TO REJECT STATEMENT OF QUALIFICATIONS AND NEGOTIATE CONTRACT TERMS
The City of Milwaukee reserves the right to accept or reject any or all Proposals and to waive irregularities and technicalities, when such waver in its opinion would be to serve the interest of the City of Milwaukee. The City reserves the right to negotiate the terms of the contract, including the award amount, with the selected Proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring Proposer, the City may negotiate a contract with the next highest scoring Proposer. This process will be continued until a contract is negotiated and signed.
5.7 RIGHT TO INVESTIGATE QUALIFICATIONS
The City reserves the right to investigate the qualifications of all Proposers under consideration, to independently assess the financial health and stability of the Proposer by submitting inquiries to relevant government, financial, commercial, or credit reporting agencies (e.g., Dun & Bradstreet, Experian, Equifax, etc.), and to confirm any part of the information furnished by a Proposer or to require other evidence of managerial, financial or technical capabilities that are considered necessary for the successful performance of the work. Supplemental information may be required in response to this due diligence review.
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6.0 GENERAL CONDITIONS AND REQUIREMENTS
6.1 GENERAL
All material submitted pursuant to this RFP, except any equipment samples requested by the City of Milwaukee, becomes the property of the City of Milwaukee. All documents pertaining to this RFP shall be kept confidential until the evaluation has been completed and a contract award made. With exception of the member of the Evaluation Committee, no information about any Proposals shall be released until the selection process is complete.
6.2 OPEN RECORDS
All responses submitted to the City become the property of the City of Milwaukee and its Third-Party Beneficiaries. Responses may be subject to the Open Records Law (Wis. Stat. §§ 19.31 to 19.39). The Proposer shall familiarize themselves with the provisions of that Act. In no event shall the City, or any of its agents, representatives, Proposers, directors, officers or employees be liable to a Proposer for the disclosure of all or any portion of a response submitted pursuant to the RFP. If the City receives a request for public disclosure of all or any portion of a response, the City will use reasonable efforts to notify the Proposer(s) of the request and give such Proposer(s) an opportunity to assert, in writing, a claimed exception under the Public Information Act or other applicable law within the time period specified in the City’s notice and allowed under the Act. Provided the City receives the Proposer’s written assertion for the exception of identified materials within the time period specified in the City’s notice, the City will forward those assertions to the Office of the Attorney General with the City’s request for determination of the matter. If a Proposer has special concerns about information which it desires to make available to the City, but which it believes constitutes a trade secret, proprietary information or other information excepted from disclosure, such Proposer shall specifically and conspicuously designate that information in its response using the provided form in Attachment F.
6.3 INCORPORATION OF OFFEROR’S PROPOSAL
The City of Milwaukee reserves the right to incorporate the successful Firm/Vendor’s proposal into any resulting contract, by reference or full text. This includes any revisions and supplements through the date set for submission of best and final offers, if applicable. Additionally, any modification of the otherwise successful offer prior to award of the contract, which makes its terms more favorable to the City, will be considered and may be accepted.
6.4 HOW TO AMEND PROPOSAL BEFORE DUE DATE AND TIME
If after a proposal has been filed with the City of Milwaukee’s Department of Public Works, the proposer desires to amend the proposal, PROPOSER MAY DO SO BEFORE THE DUE DATE AND TIME set for the receipt of proposals in the Request for Proposal by filing an amendment fully identified as indicated in Section 4.2. Except as amended, all
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the conditions and provisions of the original proposal will be in effect. NO PROPOSALS OR AMENDMENTS TO PROPOSALS WILL BE ACCEPTED AFTER THE DUE DATE AND TIME FOR RECEIPT OF PROPOSALS AS SPECIFIED IN THE REQUEST FOR PROPOSAL. This does not preclude the City from requesting additional information and/or clarification.
6.5 RESPONSES TO REMAIN OPEN
Responses must remain open and will be deemed to be open and subject to acceptance until awarding of the Contract is finalized, or a minimum of ninety (90) days unless otherwise specified following the date set forth for the receipt and filing of the response to the Request for Proposal.
6.6 PRICING
Proposers may submit lower pricing than U.S. Government contract prices. The City is exempt from the Robinson-Patman Act. Quotation must conform to government regulation on prices and wages.
6.7 NON-COLLUSION
The proposer covenants and agrees that it is the only one interested in this contract; that no person or corporation other than named has any interest in the proposal or in the contract. Proposer covenants and agrees that: the proposal was made without any understanding, agreement, or connection with any person, firm or corporation making a proposal for the same contract and the proposal is in all respects fair and without collusion or fraud.
6.8 THE CITY OF MILWAUKEE RESERVES THE RIGHT TO:
a. Accept or reject all or part of any proposal submitted and accept such proposal deemed to be in the best interests of the City;
b. Reject any and all proposals received in response to this request;
c. Accept a proposal that is not the lowest cost;
d. Request clarification regarding any proposal; and
e. Make a partial award, or not make any award.
6.9 CONTRACT EXECUTION
Unless otherwise specified in the Request for Proposal, the successful proposer agrees to enter into a contract on the form prepared by the City, a copy of which will be on file in the office of the Department of Public Works, City of Milwaukee.
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Acceptance by the City is evidenced by the delivery of a formal written contract to the successful Proposer and prior to its execution the City Attorney’s office has first approved the provisions of said agreement, contract or instrument and said fact appears in writing on the face of such agreement, contract or instrument. The executed contract shall be returned to the City of Milwaukee by the Proposer within twenty (20) days after the receipt of the contract.
6.10 AMERICANS WITH DISABILITIES ACT COMPLIANCE
Proposers agree that if awarded a contract, the successful firm will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq.
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ATTACHMENT A
CITY OF MILWAUKEE STANDARD TERMS AND CONDITIONS
As a condition of the proposal, the Proposer also agrees to accept the following conditions and terms which will be part of any eventual contract:
1. Delays in Delivery
Delays in delivery caused by any bona fide strikes, government priority or requisition, riots, fires, sabotage, acts of God, or any other delays deemed by the City of Milwaukee to be clearly and unequivocally beyond the Contractor’s control will be recognized by the City. The Contractor may be relieved of the responsibility of meeting the delivery time as stipulated in the Contract upon Contractor’s filing with the City of Milwaukee just and true statements requesting an extension of delivery, signed by the Contractor and giving in detail all the essential circumstances which, upon verification by the City, justify such action under the provisions of this section by the City of Milwaukee. The request for extension must be filed with the City no later than seven (7) calendar days prior to the actual delivery date. Failure to file this request for delivery extension shall render the Contractor liable for the difference between the “open market” and the Contract price, and other costs.
2. Non-Discrimination
The Contractor agrees not to discriminate against any qualified employee or qualified applicant for employment because of sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, past or present membership in the military service, familial status, or based upon affiliation with, or perceived affiliation with any of these protected categories as defined in Section 109-45 of the Milwaukee Code of Ordinances. This provision shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available for employees and applicants for employment notices setting forth the provisions of this clause. The Contractor shall include or cause to be included in each subcontract covering the work to be performed under this Contract, this provision, together with a clause requiring its insertion in further subcontracts that may in turn be made.
3. Assignment
Contractor shall not assign this Contract or any interest therein, nor sublet the same, or any part thereof, without the consent in writing of the City of Milwaukee being first obtained, and that if the Contractor shall so assign or sublet, without such consent, then the City of Milwaukee shall have the right, in its discretion, to rescind the Contract and to declare the same null and void.
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4. Performance
Contractor shall and will well and truly execute and perform this Contract under the terms applicable to the satisfaction of the City of Milwaukee, and shall promptly make payment to each and every person or party entitled thereto of all the claims for work or labor performed and materials furnished in the performance of this Contract.
5. Payment
It is the City’s policy to pay all invoices within 30 days. If the City does not make payment within 45 days after receipt of a properly completed and undisputed invoice or receipt and acceptance of the service, whichever is later, the City shall pay simple interest beginning with the 31 st calendar day at the rate of one percent per month, (unless the amount due is subject to a good- faith dispute and, before the 45 th day of receipt, notice of the dispute is sent to Contractor in accordance with the notice provisions in the Contract). If there are subcontractors, the Contractor must pay the subcontractors for satisfactory work within seven days of the Contractor’s receipt of payment from the City, or seven days from receipt of a properly submitted and approved invoice from the subcontractor, whichever is later. If the Contractor fails to make timely payment to a subcontractor, the Contractor shall pay interest at the rate of 12 percent per year, compounded monthly, beginning with the 8 th calendar day.
6. Indemnification and Defense of Suits
Contractor assumes full liability for all of its acts or omissions in the performance of this contract. Contractor will save and indemnify and keep harmless the City of Milwaukee against all liabilities, judgments, costs and expenses which may be claimed against the City in consequence of the granting of this contract to said contractor, by virtue of the infringement of any patents or other intellectual property, or which may result from the carelessness or neglect of said contractor, or the agents, employees or workmen of said contractor in any respect whatever. If judgment is recovered, whether in suits of law or in equity, against the City by reason of the carelessness, negligence, whether by acts of commission or omission, of the contractor such persons, firms or corporations carrying out the provisions of the contract for the contractor, the contractor assumes full liability for such judgment not only as to the amount of damages, but also the cost, attorneys fees or other expenses resulting therefrom. The City shall tender defense of any claim or action at law or in equity to the Contractor or the Contractor’s insurer, and upon such tender, it shall be the duty of the Contractor or the Contractor’s insurer to defend such claim or action without cost or expense to the City or its officers, agents, or employees.
7. Time of Performance
Time is of the essence in performance of the Contract that results from this RFP. If Contractor shall fail to fully and completely perform that Contract within the time limited for the performance thereof, Contractor shall and will pay the City, as liquidated damages for such default as an assessment for delay in completing said Contract, after the expiration of time limited for its completion. The liquidated damages rate is set at $300 per calendar day, but the
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specific equipment delivery and installation schedule will be negotiated with the selected Firm as part of the Contract that results from this RFP.
8. No Additional Waiver Implied
Failure or neglect of the City of Milwaukee to require compliance with any term or condition of the Contract or the scope of services shall not be deemed a waiver of such term or condition.
9. Publicity
The award of a Contract by the City of Milwaukee does not grant permission to commercially advertise such an award unless specific authority is granted by the City.
10. Conflict of Interest
No officer, employee, agent, or member of the governing body of the City who exercises any functions or responsibilities in connection with the carrying out of any services or requirements to which this Contract pertains, shall have any personal interest, direct or indirect, in this contract. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that in the performance of this Contract, no person having any conflicting interest shall be employed. Any such interest on the part of the Contractor or its employee must be disclosed to the City.
11. Public Records
Both parties understand that the City is bound by the Wisconsin Public Records Law, and as such, all of the terms of the Contract are subject to and conditioned on the provisions of Wis. Stat. § 19.21, et seq . Contractor acknowledges that it is obligated to assist the City in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of the Contract, and that the Contractor must defend and hold the City harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under the Agreement.
12. Debarment and Suspension
FEDERAL EXECUTIVE ORDERS 12549 AND 12689 DEBARMENT AND SUSPENSION: The City of Milwaukee reserves the right to cancel this Contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.
13. Insurance
The selected Firm shall provide proof of insurance to cover the loss of any and all equipment prior to its transfer to the City of Milwaukee and to cover the Firm’s employees and/or contractors during equipment installation, related system start-up tasks, and travel. Please see Attachment B for the specific insurance requirements for this project.
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14. Termination
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date, at least ten days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other materials related to the services performed by the Contractor under this Contract for which compensation has been made or may be agreed to be made shall, at the option of the City, become the property of the City. Notwithstanding the foregoing, the Contractor shall not be relived of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of the damages due to the City from the Contractor is determined.
The City may terminate this Contract at any time and for any reason by giving written notice to the Contractor of such termination and specifying the effective date, at least thirty days before the effective date of such termination. If this Contract is terminated pursuant to this paragraph, the Contractor will be paid for goods and services actually and satisfactorily performed and provided, less payments for such goods and services as were previously made. The value of the goods and services rendered and delivered by the Contractor will be determined by the City.
15. Performance
The Contractor agrees and covenants that its agents and employees will comply with all local, state and federal laws, rules and regulations applicable to the business to be conducted under the contract. Contractor shall have any and all licenses and permits required to perform the work specified and furnish proof of such licensing authorization and permits to the City upon request. The Contractor will cooperate with the City of Milwaukee in performing Contract work so that interference with normal operations will be held to a minimum.
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ATTACHMENT B
CITY OF MILWAUKEE INSURANCE REQUIREMENTS
A. The “City of Milwaukee” must be named as an additional insured.
B. The insurance certificate must be an original and issued by companies licensed to do business in the State of Wisconsin or signed by an agent licensed by the State of Wisconsin. Electronic signatures are acceptable.
C. A copy of the endorsement of Earlier Notice of Cancellation or Non-Renewal stipulation must be submitted with the Certificate of Insurance.
The City of Milwaukee shall be named as an addition al insured with respect to liability coverage other than professional liability, and shall be provided with at least 30 days written notice of cancellation, non-renewal or material limitation of coverage of any and all insurance policies required by this Contract, for any reason including non-payment of premium. This should be accomplished through the addition of an endorsement to the policy/policies providing Earlier Notice of Cancellation or Non-Renewal. Such endorsement must contain the following stipulation:
“We will mail notice of cancellation (including for nonpayment of premium), non-renewal or material limited of coverage to the organization shown in the schedule. We will mail the notice at least 30 days before the effective date of the action.”
A copy of the endorsement must be submitted with the certificate of insurance. A certificate of insurance evidencing such coverage shall be approved by the City Attorney and placed on file with
the City of Milwaukee Department of Public Works prior to commencement of work under this contract. The City Public Works Director reserves the right to examine and approve the actual policy of insurance before the City executes any Contract for this purchase.
D. The certificate holder shall be noted as: City of Milwaukee Department of Public Works 841 N. Broadway, Room 701 Milwaukee, WI 53202
Required? COVERAGE MINIMUM AMOUNT OF COVEREAGE REQUIRED Yes Worker’s Compensation Statutory Limits Yes Comprehensive General Bodily Injury: $500,000 per occurrence Liability $1,000,000 aggregate Property Damage: $500,000 per occurrence $500,000 aggregate Yes Automobile Liability Bodily Injury: $500,000 per person $1,000,000 per occurrence
Yes Professional Liability $1,000 ,000 per occurrence
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ATTACHMENT C
BUY AMERICA PROVISION APRIL 2013
All steel and iron materials permanently incorporated in this project shall be domestic products and all manufacturing and coating processes for these materials from smelting forward in the manufacturing process must have occurred within the United States. Coating includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of a material subject to the requirements of Buy America. The exemption of this requirement is the minimal use of foreign materials if the total cost of such material permanently incorporated in the product does not exceed one-tenth of one percent (1/10 of 1%) of the total contract cost or $2,500.00, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the subject products as they are delivered to the project. The contractor shall take actions and provide documentation conforming to CMM 2-28.4 to ensure compliance with this “Buy America” provision.
http://roadwaystandards.dot.wi.gov/standards/cmm/cm-02-28.pdf#cm2-28.4
Upon completion of the project certify to the engineer, in writing using department form WS4567, that all steel, iron, and coating processes for steel or iron incorporated into the contract work conform to these "Buy America" provisions. Attach a list of exemptions and their associated costs to the certification form. Department form WS4567 is available at:
http://roadwaystandards.dot.wi.gov/standards/forms/ws4567.doc
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City of Milwaukee Public Bike Sharing Equipment, Software/Technology and Installation Cost Proposal Project ID 2190-06-71
Name of Firm: Instructions
Mailing Address of Firm: • Proposers may add more rows and pages as necessary • Unit cost shall be shown. • A total cost shall be entered for each category item. • Unit cost, hourly rate, quantities provided will govern if there is an error in the extension. • Once complete, printed copies shall be included in the Proposal per Terms: Prices to be quoted FOB Milwaukee, WI 53202 the instructions in the RFP document. • This Excel file should NOT be emailed to the City unless requested. Name/Title of • This Cost Proposal does not represent an order for purchase. Authorized Signer:
• Proposals are due on Tuesday, February 3, 2015. Signature/Date:
Cost Proposal Assumptions: This is just a brief list of key assumptions. Please review RFP document for all required or desired components. • At least $1,104,800 million contract to be let in March 2015 • Desired delivery of a portion of the Base Purchase stations/bicycles in or before July 2015 • Average station size of 17 docks • All stations have kiosks (customer interface) • 50% bicycle to dock ratio (2 docks for every 1 bicycle) • 15% of stations are solar powered • All stations have map/advertising panels, preferably lighted/backlit
Base Purchase Option 1 Option 2 Item Quantity Description Price Per Total Price Per Total Price Per Total
Equipment 1 Bicycles - - - 2 Bike Share Stations (lighted signs) - - - 3 Bike Share Stations (no lighted signs) - - - 4 Solar Power Kiosks or Solar Power Kit for Station/Kiosk - - - 5 AC Powered Kiosks - - - 6 Docks for Bicycles - - - 7 Station Base - - - 8 Maps/Ad Panel or Module - - - 9 Membership Cards or Fobs - - - 10 DETAIL OTHER - - - 11 DETAIL OTHER - - - 12 DETAIL OTHER - - - 13 DETAIL OTHER - - - 14 DETAIL OTHER - - - 15 DETAIL OTHER - - - EQUIPMENT SUBTOTAL - - -
SOFTWARE/TECHNOLOGY RELATED 16 Software for Stations - - - 17 Cellular Connectivity for Stations/Kiosks - - - 18 DETAIL OTHER - - - 19 DETAIL OTHER - - - 20 DETAIL OTHER - - - SOFTWARE/TECHNOLOG RELATED SUBTOTAL - - -
ASSEMBLY/INSTALLATION/TESTING 21 Installation of Kiosks - - - 22 Installation of Software - - - 23 Installation of Bicycle Docks - - - 24 Bicycle Assembly - - - 25 Station Connectivity Set-Up Testing - - - 26 DETAIL OTHER - - - 27 DETAIL OTHER - - - 28 DETAIL OTHER - - - 29 DETAIL OTHER - - - ASSEMBLY/INSTALLATION/TESTING SUBTOTAL - - -
ANNUAL/ON-GOING OPERATIONAL COSTS 30 Warranty - - - 31 Maintenance Service and Support - - - 32 Software License and Upgrade - - - 33 DETAIL OTHER - - - 34 DETAIL OTHER - - - 35 DETAIL OTHER - - - ANNUAL/ON-GOING OPERATIONAL COSTS - - -
TOTAL - ALL ITEMS - - -
Describe Expected Delivery Schedule:
Printed on 1/7/2015 Page 30 of 35 ATTACHMENT E
VENDOR REFERENCES FORM
Proposer Name: ______
Reference Name/Organization Name:
______
Current or Past Client: ______Were you the prime or subcontractor? ______
Start Date: ______Completion Date: ______
Web Address: ______
Mailing Address: ______
City: ______State: ______Zip: ______
Contact Person: ______Title: ______
Telephone Number(s): ______
Email Address: ______
If you were not the Prime Contractor, what firm was? ______
Detailed Description of Equipment and Services Provided: ______
______
______
______
Quantity of Equipment Provided (Stations/Bikes): ______
______
Firm’s Key Assigned Personnel (Name/Role/Years of Bike Share Experience):
______
______
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ATTACHMENT F
DESIGNATION OF CONFIDENTIAL, TRADE SECRET AND PROPRIETARY INFORMATION
RE: Milwaukee Public Bike Sharing Equipment Request for Proposal
Material submitted in response to the above mentioned City of Milwaukee Request for Proposal (RFP) includes information that we have determined is proprietary, confidential and/or information which qualifies as a trade secret, as provide in Wis. Stat. Section 19.36(5), or is otherwise material that can be kept confidential under the Wisconsin Public Records Law. As such, the Proposer asks that certain pages, as indicated below, of this proposal be treated as confidential material and not released to the public. I am providing the following information with the understanding that it is being submitted to the City under a pledge of confidentiality. I would not have submitted this information had the City not pledged to keep it confidential* and request that the following pages not be released:
Section Page Topic
*Proposers are cautioned that the entire proposal may not fall within the confines of the pledge of confidentiality. The above designation(s) of confidentiality in no way guarantees that designated information will be kept confidential. Under the provision of the Public Records Law, proposer is not entitled to notification prior to release of information, and is not entitled to go to court to block disclosure of any portion of the proposal. If the City of Milwaukee agrees with the proposer’s designation of trade secret or confidentiality and the designation is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of trade secret or confidentiality.
Company Name
Signature Date
Printed Name Title
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The City of Milwaukee, as custodian of these public records, has the obligation, pursuant to the Public Records Law, to determine whether the above information can be kept confidential.
PROPRIETARY INFORMATION: Proprietary information submitted in response to this RFP will be handled in accordance with applicable City of Milwaukee procurement regulations. A Proposer responding to this Proposal should not include any proprietary information or protected trade secret(s) as part of its Proposal unless the Proposer:
• Designates the specific information that it maintains is proprietary or trade secret and the reason(s) for such designation in a separate document to the City of Milwaukee, and • Identifies the specific information when it occurs within the Proposal.
The City of Milwaukee’s preference is for the Proposer to segregate all information designated as confidential into one section of the RFP response and/or a separate document for easier removal to maintain its confidential status. The response to the RFP should indicate which portion of the requested information is confidential and where this information is location within the response, i.e., under separate cover, in confidential Section No. 123, etc. Data contained in the Proposal and all documentation become the property of the City of Milwaukee Department of Public Works.
Generally, Proposals are available for public review after the City of Milwaukee has awarded a contract.
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ATTACHMENT G
PROPOSER’S DOCUMENT SUBMISSION CHECKLIST
Authorized For City Proposer REQUIRED DOCUMENTS AND SEQUENCE Staff Use Initials Only Proposers are required to submit a total of eight (8) hard copies of the Proposal – two (2) clearly marked ORIGINAL , six (6) clearly marked COPIES , and one (1) electronic copy submitted to [email protected] . (Cost proposal should NOT be emailed except upon request.)
Cover page with details as indicated herein
Table of Contents w ith tabs corresponding to the submittal sequence
Proposer’s Document Submission Checklist
Proposer’s Acknowledgements
Introductory / Cover Letter
Company Experience / Capabilities and Capacity Detailed Response
Products, Service and Support – Detailed Response
Exceptions to Any Portion of the Solicitation Requirements
Vendor Reference Forms (5)
Certificate of Insurance
Designation of Confidential, Trade Secret and Proprietary Information Form
Cost Proposal in a separate sealed envelope – a total of eight (8) hard copies (2 clearly marked ORIGINAL and 6 clearly marked COPIES) . Do not submit an electronic copy of the Cost Proposal unless requested.
The outside of this envelope shall be clearly marked “City of Milwaukee – Do Not Open – Public Bike Sharing Equipment Cost Proposal” and the name of the proposing Firm.
NOTES : All of the original documents requiring signature or initials, including the cost proposal, are to be manually signed – no signature facsimiles.
The information being requested is material to the nature of this RFP. Failure to submit the above requested information with your Proposal and in the sequence and scope of services detailed herein may result in your Proposal being deemed non-responsive. Please make sure that the documents you submit with your Proposal fulfill all of the requirements set forth in this RFP.
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ATTACHMENT H
PROPOSER ACKNOWLEDGEMENTS
Please review and initial below to acknowledge you have read and understand the following specific provisions and requirements contained within this RFP document.
Authorized For City Proposer Provision or Requirement Staff Use Initials Only Americans with Disabiilities Act (ADA) Compliance
Buy America Provision
Bonding Requirement for Selected Firm
Insurance Requirement
City of Milwaukee Standard Terms and Conditions
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CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT
REQUEST FOR PROPOSAL (RFP) RFP NO.: 63-0012
BIKE SHARING PROGRAM (PHASE 1)
PRE-PROPOSAL MEETING (ATTENDANCE RECOMMENDED) 2:00 p.m. (MST) on March 7, 2013 Assembly Rooms A & B, 1 st Floor, 200 West Washington Street, Phoenix, AZ 85003
DEADLINE FOR RECEIVING PROPOSAL No later than 2:00 pm Mountain Standard Time (MST) on April 2, 2013 at the following location: City of Phoenix Street Transportation Department; Attn: RFP No . 63-0012; 200 West Washington St, 5th Floor; Phoenix, AZ 85003.
CONTACT PERSON Steve Copeland, Financial Services 200 West Washington Street, 5th Floor Phoenix, Arizona 85003 Phone: 602-256-3519 Fax: 602-495-2016 Email: [email protected]
This RFP can be made available in Braille, large print, audio tape, or cassette tape upon request. Contact the Street Transportation Department at 602-262-6284 if you would like any of these services. Our TTY phone number is 602- 256-4286.
1 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
TABLE OF CONTENTS SECTION PAGE
I. INTRODUCTION 1. Background………………………………………………………………………4 2. Purpose…..………………………………………………….………….………..4 3. Program Objectives…………………………………………………….…….…5 4. Offeror Inquiries……………………………………………………………...... 6 5. Anticipated Contract Term…………………………………………………..….6 6. Schedule of Events…………………………………………………………..….7 7. Pre-Proposal Meeting………………………………………………………..….7
II. SOLICITATION TRANSPARENCY POLICY …………………………...…...8
III. RFP RESPONSE INFORMATION 1. Introduction …………………………..…………………..……………...………9 2. RFP Response Submittal ...... 9 3. Proposal Format and Content………………………..……………………….10 4. Special Requirement…..……………………………………….……….……..15 5. Qualification Criteria..…..………………………………..…………………… 15 6. Offerors Responsibility…..…..…………………………..…………………… 18 7. Public Record…..…..……………………………………..……………………18 8. Confidential Information…………………..…….………..…………………...18 9. Non-responsive Proposals……………………………………………………18
IV. SCOPE OF WORK 1. System Requirements..……………………………………………………….20
V. SOLICITATION PROCESS AND PROCEDURES 1. Evaluation and Selection...... 24 2. Offeror(s) Incurred Costs...... 24 3. Agreement...... 25 4. Reservation of Rights by City...... 25 5. Right to Disqualify ...... 25 6. Applicable Law...... 26 7. Compliance with Laws ...... 26 8. No Verbal Agreements...... 26 9. Addendums...... 26 10. Inconsistency or Error in the RFP…………………………………………… 26 11. Organization Employment Disclaimer ...... 27 12. Violations Disclosure...... 27 13. Responsibility for Compliance with Legal Requirements...... 27 14. Transactional Conflicts of Interest ...... 27
2 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 15. Non-waiver of Liability ...... 28 16. Fund Appropriation Contingency...... 28 17. Cooperative Purchasing Agreements…………………………………….….28 18. Required Federal Provisions……………………………………………….…28 19. General Information ...... 35
VI. PROTEST PROCESS ...... 36
VII. ADDITIONAL TERMS AND CONDITIONS 1. Security Fund…………………………………………………………….……..36 2. Performance and Payment…………………….……………………………...36 3. Insurance and Indemnification Requirements ...... 37 4. Equal Employment Opportunity Requirements ...... 37 5. Legal Worker Requirements...... 37 6. Lawful Presence Requirement ...... 37 7. Business Operations in Foreign Countries...... 38 8. Confidentiality and Data Security ...... 38 9. Contractor and Subcontractor Worker Background Screening...... 39 10. Contractor Worker Access Controls, Badge, Key Access Requirements.41
VIII. ATTACHMENTS AND EXHIBITS 1. Attachment A – Insurance and Indemnification Requirements ...... 44 2. Attachment B – Protest Procedures for Solicitations ...... 49 3. Attachment C – Statement of Qualifications...... 52 4. Attachment D – Technical and Performance Metrics Proposal ...... 53 5. Attachment E – Business Model Proposal...... 96 6. Attachment F – Checklist...... 103 7. Attachment G – Points of Interest Near Metro Light Rail Stations ...... 104 8. Attachment H – Bike Share Location Suggestions from Public ...... 106
3 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
SECTION I. INTRODUCTION
1. BACKGROUND
The City of Phoenix is soliciting Requests for Proposals from qualified contractors (Selected Offeror’s) or organizations interested in providing services for a highly successful and financially self-sustaining automated on- demand bicycle sharing system. The ideal program would incorporate information technology to operate a fleet of shared bicycles that may be rented from one bike sharing station and returned to another in a network of stations, providing a transportation alternative to motor vehicle trips for Phoenix’s residents, employees, and visitors. The program is intended to be launched on or before December 2013, with the potential for additional phases to enlarge and enhance the system in 2015 or later. An earlier launch date could be possible if supported by the successful offeror.
The City is a progressive bicycling community with one of the nation’s finest bicycle networks consisting of over 640 miles of bicycle facilities including routes and trails. These include various on-street bike routes that connect the Phoenix Sonoran Bikeway from the Carefree Highway to the north to beautiful South Mountain Park to the south. Also, a few of the city’s most popular bicycling routes parallel water canals, making them smooth and nearly traffic- free. The Arizona Canal path runs 38 miles all the way from Glendale to the west, straight through Phoenix, ending on Scottsdale’s east side. The Grand Canal runs 21 miles. Phoenix cyclists can utilize the city’s bike lanes, paths and trails 365 days a year, for exercise, transportation and recreation.
The City believes that the bike sharing program would be a complement to our existing bicycling network. Contributions by the City would include permitting bicycle sharing stations in the City right-of-way and potentially fund additional bike sharing facilities and bicycles through federal grants. The City’s vision is to phase this program with a need for 250-500 bicycles during Phase I, 375 during Phase II and over 500 in Phase III. We are looking for input from firms to determine optimum quantities. Each firm’s and organization’s solicitation should provide an estimate of the size of deployment (measured in number of bikes and rental stations) for each phase of deployment.
2. PURPOSE
The purpose of this solicitation is to select a professional team or organizer to be the contractor to implement, operate, maintain and publicize a large bicycle sharing systems and with the expertise in purchasing, installing and operating of a bicycle sharing system to serve the City of Phoenix by the middle to end of 2013. Professional Teams with demonstrated experience in this area and with
4 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) an interest in making their services available to the City of Phoenix are invited to respond to this RFP. The City encourages offerors to form teams, if necessary, to adequately address the financial, programmatic, operational and promotional aspects of the System. The City reserves the right to accept or reject, in part or in whole, any and all proposals if it deems it to be in its best interest of the City.
As compensation for providing The City of Phoenix (the “City) with the services of the System, the Contractor will collect membership/user fees, advertising and sponsorship revenues and other revenue sources, as approved by the City. Additionally, the City anticipates that System revenues may, at a prescribed level, be shared with the City. All System Equipment will be provided and owned by, and all installation, operating and promotional responsibilities will be borne and insured by the Contractor. The Contractor must be financially solvent and each of its members if a joint venture, its employees, agents or subcontractors of any tier must be competent to perform the Services required under this RFP document.
The City believes that the bike sharing system would provide a transportation network that is accessible to Phoenix residents, commuters, visitors and tourists alike. It would encourage bicycle use as an environmentally-friendly and congestion-reducing transportation option. Participants would be able to use the network to bike between transit/light-rail facilities and their places of employment and residence, as well as between businesses, retail, and social destinations. It is anticipated that this program could grow regionally to include other nearby Valley cities in the future.
3. PROGRAM OBJECTIVES – BIKE SHARE PROGRAM
The City’s key factors for a successful bike share program include a self- sufficient, independently operated system requiring no City capital or operating expenses. It would also include a measurable successful performance and public response to the system, including ridership, projected motorist trip reductions, private buy-in to sponsorships, and engagement of significant future partners for widening the reach of the network. The other primary objectives of the Phoenix bike share program are to:
• Launch a successful bike sharing program on or before December 2013 that has the ability to expand in subsequent years, and is capable of meeting performance standards;
• Create an additional “green” mode of transportation that will enhance public transit and light rail mode;
• Create green jobs and promote businesses in Phoenix;
5 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
• Increase the mode share of cycling in the City;
• Facilitate transit for commuters, tourists, and other visitors (supplement existing mass transit including light rail); and
• Provide a service resulting in high rates of membership satisfaction.
4. OFFEROR INQUIRIES
All questions that arise relating to this RFP shall be directed in writing to the Department contract representative designated in this RFP: Steve Copeland, City of Phoenix Street Transportation Department; 200 West Washington Street, 5 th Floor; Phoenix, Arizona 85003.
To be considered, written inquiries shall be received at the above address by the date indicated in the Schedule of Events below in Section I (pg. 7). Inquiries received will then be answered by an addendum and sent by email to the RFP recipients.
No informal contact initiated by Offerors on the requested service will be allowed per the Solicitation Transparency Policy provided below in Section II.
5. ANTICIPATED CONTRACT TERM
The firm(s) selected for this implementation will be expected to offer adequate personnel and equipment needed to complete the terms in this RFP. All System Equipment will be provided and owned by, and all installation, operating and promotional responsibilities will be borne and insured by the Selected Contractor. The Contractor must be financially solvent and each of its members if a joint venture, and its employees, agents or subcontractors of any tier must be competent to perform the Services required under this RFP document. If for any reason either party to the agreement wishes to terminate the agreement early, the terminating party must give 30 calendar days’ notice of termination in writing to the other party.
The initial contract term will be five (5) years from the date on which a contract is awarded by the City. In addition, the contract may provide that the City may elect to extend the contract up to one 5-year period to provide for ongoing Services. The City may revise its terms and conditions. Respondent must identify any objections that it has to this anticipated contract term in its response to this RFP .
The agreement will be for Phase 1 implementation services, as defined by the City of Phoenix. Should additional funding become available in subsequent years, this contract could be extended to additional phases, at the City’s option.
6 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
6. PLANNED SCHEDULE OF EVENTS*
Request-for-Proposals Issue Date February 19, 2013 Pre-Proposal Meeting March 7, 2013 Proposer’s Written Inquiries Due March 15, 2013 Proposal Due Date April 2, 2013; 2 pm (MST) Evaluation Panel Meets (Estimated) April 12, 2013 Finalist Interviews April 23, 2013 Evaluation Panel Makes Selection (Estimated) April 25, 2013 T&I Subcommittee Approval of Vendor (Estimated) May 14, 2013 City Council Contract Approval May 29, 2013 Notice-to-Proceed June 3, 2013 Anticipated Launch Date December 2013 * Dates subject to change
7. PRE-PROPOSAL MEETING A pre-proposal meeting has been scheduled for March 7, at 2:00 p.m. (MST) at Assembly Rooms A & B, 1 st Floor, 200 West Washington Street, Phoenix. While this meeting is not mandatory, it is highly recommended that RFP recipients attend. Please provide any questions you might have by email to [email protected] by March 15, 2013 to enable staff to prepare responses that will be provided at this meeting.
7 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) SECTION II – SOLICITATION TRANSPARENCY POLICY
Beginning on the date the solicitation is issued and until the date the contract is awarded or the solicitation withdrawn, all persons or entities that respond to the solicitation for the Implementation of the City of Phoenix Bike Sharing Program RFP (Phase I), including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venturer(s), member(s), or any of their lobbyists or attorneys, (collectively, the Offeror) will refrain, from any direct or indirect contact with any person (other than the designated procurement officer) who may play a part in the selection process, including members of the evaluation panel, the City Manager, Assistant City Manager, Deputy City Managers, Department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff.
Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through Steve Copeland, Management Services Division, Street Transportation Department, conducted in person at 200 West Washington, Phoenix, Arizona 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
With respect to the selection of the successful Offeror/Bidder, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED.
8 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) SECTION III. RFP RESPONSE INFORMATION
1. INTRODUCTION
The following guidelines are provided to ensure the equitable evaluation of competitive sealed proposals. Proposals should be prepared as closely as possible in accordance with the instructions outlined in this section. Offeror is advised to read this RFP in its entirety. Failure to read and/or understand any portion of this RFP shall not be cause for waiver of any portion of the RFP or subsequent contract. Proposals shall be deemed responsive if they meet all of the requirements outlined in Attachment F – Proposal Requirements Checklist.
2. RFP RESPONSE SUBMITTAL
A. Submittals shall be received by 2 pm (MST) no later than April 2, 2013, at the following location: City of Phoenix Street Transportation Department; Attn: RFP No. 63-0012; 200 West Washington St, 5 th Floor; Phoenix, AZ 85003.
B. Offeror must complete the “Statement of Qualifications” in Appendix C and submit this information as part of the cover letter and Technical Proposal.
C. The Qualification/Experience and Technical Proposal (#1 envelope) and the second envelope shall contain the Business Model and Implementation Proposals (#2 envelope). Offerors are strongly encouraged to include one (1) soft copy of their Technical Proposal and Business Model on CD or flash drive in their respective sealed envelopes.
D. The proposal should be printed on both sides of 8 1/2” x 11” paper and each bound in an 8 ½” x 11” plastic spiral binding. All proposals and business model pages should be paginated. Firms must submit an original plus ten (10) copies of the RFP response. The original Proposal must be clearly marked as “ORIGINAL”. All documents requiring a signature must bear the original signature of Respondent’s authorized signatory.
E. Offeror must submit an original and ten (10) copies of the RFP response.
F. Late proposals will be rejected regardless of the reason including mail delivery problems beyond Offeror’s control. Offerors mailing their responses should allow sufficient time to ensure delivery by the date and time specified.
9 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 3. PROPOSAL FORMAT AND CONTENT
The written proposal shall be signed by an individual authorized to bind the Offeror. The proposal shall provide the name, title, postal address, email address, and telephone number of individuals with authority to contractually bind the company and who may be contacted during the period of the contract. All fees quoted in the proposal shall be firm and fixed for Phase One and any future extension from 2014 to 2018.
To be considered responsive, the Offeror must provide all materials outlined in the in Appendix C, D, and E. The offeror shall submit the information in the table as given in these appendixes. The Offeror must not submit more than 65 double sided or 130 single sided pages for the Technical/Performance Metrics (Appendix D) section and 20 double sided or 40 single sided pages for the Business Model/Implementation (Appendix E) section. These page limits excludes the cover page, letter transmittal, table of contents, management reports and marketing brochures appendices. The Offeror must complete the formatted tables in the Appendixes utilizing an Aerial 10 font, single-spaced.
The proposal shall contain the following:
a. Cover page (excluded from the maximum page limits)
b. Signed Letter of Transmittal. (1 single –sided page, excluded from the maximum page limit) Offeror shall provide a one-page Letter of Transmittal that is signed by an individual authorized to bind the Offeror. The Letter of Transmittal shall include the name of the Offeror, contact person, title, postal address, telephone number, fax number, and e-mail address of the individual with authority to contractually bind the company and who may be contacted during the period of the contract.
c. “Statement of Qualifications” in Appendix C (excluded from the maximum page limits)
d. Signed Addendums
e. Table of Contents (excluded from the maximum page limits)
f. Proposal (Technical, Performance Metrics, Business Model, Implementation Schedule)
1 Technical Proposal & Performance Metrics Instructions The Offeror must not submit more than 65 double sided or 130 single sided pages for the Technical/Performance Metrics (Appendix D) submittal package. The Offeror must complete the formatted tables in the Appendix utilizing an Aerial 10
10 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) font, single-spaced. Offerors should adhere to the following instructions pertaining to Attachment D.
A. For items categorized as Narrative in Column 3, offerors should provide a written response in the space below the question; offerors may include, if applicable, images, diagrams etc., and may attach additional pages as needed (each such page should be labeled/indexed with the corresponding question number to which it refers).
B. For items categorized as YES/NO/NA in Column 3, offerors should answer either “Yes”, “No,” or “Not Applicable (NA)” to indicate if such proposal can provide or adhere to the particular element(s). Such answers are defined as:
a. Yes = Yes, the proposing firm can provide this feature or function; b. No = No, the proposing firm cannot provide this feature or function for reasons explained in the Comments space below the question; c. NA = This feature or function is not applicable for reasons explained in the Comments space.
Please note that, while the City expects that the listed features and functions would be part of a System, a “No” answer to any specific question will not result in an automatic disqualification. Offerors may utilize the Comments space as necessary, to elaborate on any “Yes”, “No,” or “Not Applicable (NA)” answers. In addition, as applicable, offerors should also use "Comments" boxes to specify certain details, such as brand, make, model, etc. Please note, offerors may use additional room to provide comments and explanations requested in the Comment space or offerors may label or index any additional pages that are attached to the response .
SAMPLE: FOR DEMONSTRATION PURPOSES ONLY Q7 The Contractor will prepare detailed siting plans for each selected Station Site. Narrative 15 R7 TEXT TO BE PROVIDED BY PROPOSER
Q8 Bicycles are easy to clean and are impervious to the elements. They Yes are scratch-resistant, graffiti-resistant, and rust proof (including the Yes/No/N No 15 external parts). A N/A C1 COMMENTS Q9 Is the Bicycle equipped with sensors to self-diagnose and report mechanical problems? If so, how does it diagnose? Narrative 20 R9 TEXT TO BE PROVIDED BY PROPOSER
C. The Offeror must also complete the performance metrics tables and provide the level of service and corresponding dollar value they are willing to pay if they do not meet these thresholds. The Offeror would provide a range of
11 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) deficient service thresholds with the associated defined dollar value for each of the range.
2 Business Model Instructions
The Offeror must not submit more than 20 double sided or 40 single sided pages for the Business Model (Appendix E) submittal package. The Offeror must complete the Business Model in Attachment E that consists of four sections. This includes completing the financial performance, business model criteria, system component cost/program buyout (2014-2018), and implementation schedule. The Offeror must complete the formatted tables in the Appendix utilizing an Aerial 10 font, single-spaced.
Financial Performance . Using a format of their choice, preferably a financial pro-forma format, offerors should address the aspects of the financial performance of their proposed system listed in Attachment E.
Offerors should follow the revenue source parameters listed below when developing the Business Model for their proposed systems. Please note that all revenue sources are subject to the City approval.
1. Membership and User Fees a. Proposed membership and user fees should be in line with membership and user fees currently used by comparable bike share systems around the country. b. All rates and proposed rate increases are subject to the City’s approval.
2. Advertising and Sponsorship Placement(s); Many forms of advertising and sponsorship placement(s) are permitted revenue sources for the System. All proposed advertising and sponsorship placement(s) are subject to the City’s approval. Offerors should follow the parameters listed below when developing their Business Model.
For each station, offerors may propose: a. One (1) advertising or sponsorship placements panel per Station Computer Unit; b. Panels may not be larger than approximately 2 feet by 4 feet and must be placed on the station Computer Unit; and c. Total advertising or sponsorship on each station may not exceed 1.5 square feet per station dock.
For each bicycle, offerors may propose:
12 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) a. One (1) advertiser or sponsor per bicycle (i.e. a bicycle may not have multiple sponsors or advertisers); b. Total advertisements and sponsorship placements may not exceed 1.5 square feet per bicycle; c. Advertisements and sponsorship placements are permissible on: i. Basket; ii. Back and front mudguards; and iii. Side of bicycle frame.
Additional Advertising & Sponsorship Placement Options: a. Membership swipe card/keys; b. User receipts; c. Maintenance vehicles; d. Staff uniforms; e. Launch campaign; f. Media partnerships; g. Website; h. Mobile application(s); i. Printed maps and materials; j. Registration packets and System newsletters; and k. Safety campaigns.
All advertising and sponsorship placement opportunities are subject to the City’s approval and must comply with local and state laws on advertising. Opportunities other than those listed above may be included, as a line item, but should not be relied upon in the Business Model. The advertising may not:
a. Be false, misleading, or deceptive. b. Relate to an illegal activity. c. Advertise or depict the use of tobacco or smoking products. d. Advertise or depict the use of spirituous liquor as that term is defined in Section 4-101, Arizona Revised Statues: 1. On the exterior or interior of bicycles (incl. baskets, fenders, etc.) 2. On bikesharing stations that are located less than 600 feet from a church or similar structure of worship, or school building. e. Represent, by language or graphics, violence or anti-social behavior f. Advertise or depict language, gestures, conduct, or graphical representations that are obscene, pornographic, vulgar, profane, or scatological. g. Represent, by language or graphics, a nude or seminude person, as those terms are defined in Section 11-821, Arizona Revised Statutes, or the exposed buttocks of any person. h. Depict, relate to, or reference a website or other medium that relates to specified sexual activities or specified anatomical areas as those terms are defined in section 11-821, Arizona Revised Statutes.
13 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
System Naming Rights: The naming rights are subject to the City’s approval. Accordingly, naming rights may be listed as a separate line item, but should not be set forth as an assumption or relied upon in the Business Model.
Business Criteria A. For items categorized as Narrative in Column 3, offerors should provide a written response in the space below the question; offerors may include, if applicable, images, diagrams etc., and may attach additional pages as needed (each such page should be labeled/indexed with the corresponding question number to which it refers).
B. For items categorized as YES/NO/NA in Column 3, offerors should answer either “Yes”, “No,” or “Not Applicable (NA)” to indicate if such proposal can provide or adhere to the particular element(s). Such answers are defined as:
a. Yes = Yes, the proposing firm can provide this feature or function; b. No = No, the proposing firm cannot provide this feature or function for reasons explained in the Comments space below the question; c. NA = This feature or function is not applicable for reasons explained in the Comments space.
Please note that, while the City expects that the listed features and functions would be part of a System, a “No” answer to any specific question will not result in an automatic disqualification. Offerors may utilize the Comments column (Column 5) as necessary, to elaborate on any “Yes”, “No,” or “Not Applicable (NA)” answers. In addition, as applicable, offerors should also use "Comments" boxes to specify certain details, such as brand, make, model, etc. Please note, offerors may use additional room to provide comments and explanations requested in the space or offerors may label or index any additional pages that are attached to the response .
System Component Cost/Program Buyout Information (2104-2018) Offerors shall provide guaranteed system component costs for expanding the system in the future as provided in the Appendix E table. Although it is expected that the operator will expand this system utilizing their funding resources, the City may elect to use City funding, grants, or other type of financing for the expansion of the system. Costs for the components shall include all planning, design, siting, outreach, marketing, installation, testing, insurance, and other costs associated with this system expansion as outlined in Attachment E.
Offerors shall also provide Program Buyout information for the 2014-2018 period as outlined in Attachment E.
14 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Implementation Schedule Offerors shall discuss the timeline of critical tasks and how the Offeror intends to implement the system from planning and marketing to testing and launching the system. This should include the milestone dates from contract signing through delivery, installation, and system launch as included in Attachment E.
4. SPECIAL REQUIREMENTS
a. In order for an RFP response to be considered, the Offeror shall comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Any questions in regard to these requirements shall be directed to the Equal Opportunity Department, Ph.(602) 262-6790. A form has been included within this package to assist the offeror in complying with the City ordinance. In accordance with City requirements, these documents shall be on file prior to the submission of RFP response. Failure to comply with the reporting requirements of this ordinance shall result in the RFP response being rejected. Offeror is also responsible for maintaining its eligibility during the term of any resulting Contract and failure to do so may result in termination of the Contract. Any questions in regard to the Affirmative Action Program shall be directed to the Affirmative Action Consultant Compliance Section of the Equal Opportunity Department, Ph. (602) 262-6790.
b. The City of Phoenix Street Transportation Department is committed to utilizing qualified Small and/or Disadvantaged Business Enterprise (S/DBE) firms for professional services contracts and encourages use of S/DBE firms and resources to the maximum extent possible.
5. QUALIFICATION CRITERIA
In order to be considered as a qualified vendor, the bidder must meet the minimum evaluation criteria, submit the required documents, and demonstrate experience and resources to fulfill the contract. The required documents are listed in the RFP Response Submittal. All proposals delivered to the City shall be initially reviewed to determine whether they are responsive or non-responsive to the requisites of this RFP. Proposals that are determined by the City to be non-responsive will be rejected. The Evaluation Committee will evaluate and rate all responsive proposals based on the evaluation criteria given below. These evaluation criteria include a 10% overall rating for the technical proposal items (i.e. 90% rating based on point values depicted for each item). The City reserves the right to enter into negotiations with one or more offerors and subsequently to request the submission of Best and Final Offers from those offerors who, after the conclusion of such negotiations, are still under consideration for award. No Offeror shall have any
15 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) rights against the City arising from an invitation to enter into negotiations or to submit a Best and Final Offer.
Proposals shall be evaluated by an evaluation committee that will be comprised of a minimum of seven (7) persons qualified to evaluate the components of this solicitation (the “Evaluation Committee”). Members of the Evaluation Committee will include representatives of the City and may include other City agencies and stakeholders. The Evaluation Committee may also be assisted by technical and business advisers who may include representatives of other City agencies and public entities, etc.
The Evaluation Committee will perform an initial review of the Technical Proposals (the “initial Technical Evaluation”) to develop a ranking of offerors for further consideration. Each Technical Proposal will be rated by the Evaluation Committee based on the following criteria and weights:
Item Points Comments A. QUALIFICATIONS/EXPERIENCE 1,000 Ability to provide qualified staffing B. TECHNICAL PROPOSAL (5,000 PTS) 1. Planning Ability to provide quality concept 575 plan 2. Performance Metrics 550 Ability to meet service levels 3. Maintenance 500 Plan for maintaining stations/bikes 4. Fleet Redistribution Ensuring adequate # bikes at 475 stations 5. Promotion/Marketing 425 Ability to promote system to public 6. Bicycles 400 Quality and type of bikes provided 7. Stations Quality and type of stations 350 provided 8. Legal 325 Indemnification, insurance, etc. 9. System Operations 300 Quality of customer service/staffing 10. Website Functionality for city and public 250 users 11. Computer System and Operations 200 Functionality of station kiosks 12. Central Computer System Functionality of main computer 175 system 13. Database Record keeping management 175 system 14. Facilities Facility requirements for 125 operations 15. Membership Options 125 Payment plan options for public 16. Street Test System testing before program 50 launch
16 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
The Business Models and Implementation Schedules of the qualified Offerors that had been selected for further consideration will then be opened, evaluated, and scored based on the following criteria and weights:
Item Points Comments C. BUSINESS MODEL (5,000 PTS) 1. Financial Capability/Sponsorship 2,000 Ability to secure project financing 2. Levels of Investment/Value of Ability to financially sustain 1,500 System system 3. Pricing Structure 500 System pricing for public usage 4. Revenue to City 500 Cost-share opportunities, if any 5. System Expansion/Flexibility 500 Ability to expand region-wide D. IMPLEMENTATION SCHEDULE 1,000 Ability to expedite schedule
The Total Evaluation score for these offerors that are furthered considered will be calculated by the Evaluation Committee, in accordance with the following weights: Qualification/Experience (8%), Technical Proposal (42%), Business Model (42%), and Implementation Schedule (8%).
In the event that there is only a single qualified offeror, the Business Model and Implementation Schedules of that offeror will be scored in this same manner. Any Business Model and Implementation Schedule determined to be non-responsive will be rejected and eliminated from further consideration. Business Models and Implementation Schedules will be scored and rated by the Evaluation Committee.
Only the highest ranking firms may be invited for an interview with the Evaluation Committee. After evaluating all submissions, the City anticipates that at least the top two (2) rated offerors will be shortlisted for on-site interviews tentatively scheduled on April 23, 2013.
Based on such presentations, site visits, interviews, demonstrations and/or testing, the Evaluation Committee will score an additional 4,000 points in accordance with the below noted criteria:
• Most Qualified Offeror – 1000 points • Suitability of Bikeshare Program for the City and Region – 1,000 points • Presentation Information – 500 points • Demonstration of Bikeshare Equipment – 500 points • Overall System Approach – 1,000 points
Upon obtaining additional information through the presentations, site visits, interviews, demonstrations and/or testing, the Evaluation Committee may adjust their scoring for the Technical and Business Model criteria. Based on the
17 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) aggregate scores of the Technical, Business Models, and Short-listed interviews, and possible follow-up inquiries and/or meetings, the Evaluation committee may recommend an Offeror to Management.
6. OFFEROR RESPONSIBILITY
It is the responsibility of each Offeror before submitting a proposal to:
• Examine thoroughly the Proposal document and other data identified in the Proposal document.
• Consider applicable laws that may affect cost, progress, performance, or furnishing of the work.
• Study and carefully correlate Offeror’s knowledge and observations with the Proposal document and other related data.
• Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which an Offeror has discovered in or between the Proposal document and such other related documents.
7. PUBLIC RECORD
All proposals submitted in response to the Request for Proposal shall become the property of the City and shall become a matter of public record available for review pursuant to Arizona state law after the award notification.
8. CONFIDENTIAL INFORMATION
The City of Phoenix is obligated to abide by all public information laws. If an Offeror believes that a specific section of its proposal is confidential, the Offeror shall isolate the pages marked “confidential” in a specific and clearly labeled section of its proposal . The Offeror shall include a written basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the City will review the material and make a determination.
9. NON-RESPONSIVE PROPOSALS
Proposals deemed non-responsive will not be evaluated or considered for award. The following proposals will not be evaluated:
a) Proposals submitted unsigned or signed by an individual not authorized to bind the Offeror. b) Proposals that do not comply with the minimum specifications stated in the scope of work.
18 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) c) Proposals submitted without complete pricing. d) Proposals not received by the designated due date, place and time. e) Proposals that contain false, inaccurate, or misleading statements that in the opinion of the City, is intended to mislead the City in its evaluation of the proposal. f) Proposals that do not have all of the elements listed in the checklist (Attachment F).
19 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
IV. SCOPE OF WORK
The City desires to engage one or more qualified Offerors to provide services for implementing and operating a highly successful and financially self-sustaining automated on-demand bicycle sharing system. The program would incorporate information technology to operate a fleet of shared bicycles that may be rented from one bike sharing station and returned to another in a network of stations, providing a transportation alternative to motor vehicle trips for Phoenix’s residents, employees, and visitors. Offerors should have a successful history in the implementation of a bike sharing program in the United States and completed similar projects. The Offeror shall also demonstrate the ability to accommodate the City’s timeframe for implementation of this project as indicated in Section I, Schedule of Events.
1. SYSTEM REQUIREMENTS
The Offeror must provide a bike sharing program for a system that includes 250- 500 bikes in Phase I. The system will be designed to allow bicycles to be removed from self-service terminals by two user groups: subscribers and walk-up renters. It is anticipated that subscribers will be the largest user group. They will use a web page to register, submit credit card data, and execute a user agreement. Upon registration, the subscribers will be able to immediately access a bicycle at any terminal. Subscriptions will last one year with an automatic renewal option. Shorter subscription periods, such as daily, three-day, weekly, and monthly will also be available.
The system will be designed to allow one-time use by walk-up registration at all or some designated terminals. Walk-up renters will include out-of-town visitors, first- time users, and infrequent users. These designated terminals should enable walk- up renters to register, submit credit card data, and execute a user agreement. Not all terminals need to enable walk-up renters. Terminals in high demand or high profile locations should enable walk-up renters to register.
Stations will be located primarily on streets and sidewalks. Stations will be located on other public rights-of-way and/or property, including transit stations, parks, and educational institutions. The implementation zone will tend to be in denser areas of Phoenix with high transit use and dense commercial and residential development, as well as in popular areas for bicycling. Stations will be located approximately every ¼ to ½ mile from other nearby stations in most of the implementation zones. The Offeror will be responsible for identifying the implementation zone, the locations and densities of stations, with input from the City.
The system will be designed to automatically complete financial transactions entered with data input at the web page and terminals. It is the expectation of the
20 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) City that subscribers who return their bicycle to a terminal within 30 minutes will not be charged. After 30 minutes, charges will be made automatically. These charges should be priced to encourage users to return the bicycles into circulation quickly. If a bicycle is not returned to a terminal within 24 hours or another established time period, and the user has not contacted customer service, the system should automatically deduct a predetermined amount (dependent on bicycle acquisition costs) from the user’s credit card account, notify the user via e-mail of the deduction, and, if the user is a subscriber, terminate their subscription.
Bicycles will be designed to be inviting to novice riders. Key features will include one-size-fits-all design, protection from dirt and grease, ease of pedaling and shifting, and high durability.
Bicycle stations must be simple, robust, reliable, and designed for both sidewalk and street installation. The overall system must be efficiently managed, and carefully maintained, with bicycles that are evenly and regularly distributed. No electrical service will be provided but in the event the selected team so chooses to obtain electrical service, all appropriate permits for electrical service and construction will be required.
Back-end operations, maintenance crews, and customer service teams will work to ensure that the bicycles are properly distributed throughout the system at all times, in safe and working condition, and that customer needs are quickly addressed.
The design and placement of the System structures shall not result in an installation that causes the destruction or damage of any part of a sidewalk or historic pavement or any other public/private infrastructure in the area. This shall not preclude the Contractor from installing a System structure on a sidewalk or historic pavement. In the event that the placement of any System structures results in damage to the Historic Sidewalk or Pavement, such sidewalk or pavement shall be restored to its original condition at the sole expense of the Contractor, using in- kind materials. Prior to any such installation, the Contractor shall be required to make a good faith effort to procure sufficient quantities of those materials of which the Sidewalk or Historic Pavement is comprised to repair, replace, or restore it to its original condition.
During the term of the proposed Contract, the City may direct the Contractor to remove, replace, and/or relocate System structures as necessary to accommodate changing conditions or to address security concerns. The Contractor, at the request of the City, shall be required to remove System structures which interfere with the construction, maintenance or repairs of public utilities, public works or public improvements, or which the City otherwise deems to be inappropriate at a particular location. At the request of the City, System structures so removed shall be reinstalled when construction, maintenance, or repairs are completed or relocated to sites approved by the City. Sites for relocation of System structures
21 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) shall be subject to the approval of the City. All such removals, reinstallations, and/or relocations shall be accomplished at the sole expense of the Contractor.
The Contractor shall be responsible for the maintenance of the System. Such maintenance shall include, but is not limited to, inspecting, cleaning and removing graffiti from the System structures on a timely basis, including removal of debris in and around the System structures, preventive maintenance and prompt repairs. The proposed contract will provide for liquidated damages related to the Contractor’s failure to perform such maintenance to the satisfaction of the City
All System structures shall contain a conspicuously posted telephone number to which the public may direct complaints and comments and instructions for filing a complaint. The Contractor shall fully cooperate with the City in timely responding to any such complaints. The Contractor shall provide a shared database in which the City can communicate complaints between the public and from the City, and in which the Contractor can report the resolution of such complaints.
The City is accepting no liability for the construction, maintenance, operation, and other activities associated with the Bike Sharing System. The Contractor must provide the liability insurance and other insurance as required by the City. As part of the user’s bike share rental agreements, the Contractor shall include a waiver of claims as requirement for use of the bicycles. This user agreement shall also advise users to wear helmets and other protective gear. The Contractor will provide physical security of the bikes and stations.
At a minimum, the System and related services should also comprise of the following:
1. Quality assurance, implementation and staffing plans; 2. Bicycles, stations and computer system, including safe and secure transactions; 3. Website; 4. System installation and maintenance; 5. Membership and promotion; and 6. Appropriate staffing levels.
The System, including the System structures, will remain the property of the Contractor during the term of the proposed Contract. On expiration or termination of the proposed Contract, the System and the System structures shall be immediately removed. The Contractor shall restore all sites to their original condition; removal and restoration shall be at the Contractor’s sole expense with a final inspection and approval by the City’s Representative(s).
In compensation for providing the City with the services of the System, the Contractor will collect membership/user fees, advertising and sponsorship revenues and other revenue sources, as approved by the City. Additionally, the
22 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) City of Phoenix anticipates that System revenues should, at a prescribed level, be shared with the City. All System equipment will be owned by, and all operating and promotional responsibilities will be borne by, the Contractor. The City encourages offerors to form teams, if necessary, to adequately address the financial, programmatic, operational, maintenance and promotional aspects of the System.
The Contractor shall be required to agree to service levels as set forth in Appendix D. The City reserves the right, at its sole discretion, to adjust the SLAs in the Contract.
23 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
SECTION V – SOLICITATION PROCESS AND PROCEDURES
1. EVALUATION AND SELECTION a. RFP responses should be concise, clearly written and well-organized according to the requested information. The review process emphasizes the responsiveness of the RFP Response to the requirements outlined herein. RFP Responses that are not written specifically in response to this request may not receive serious consideration. b. After evaluating all submissions, the Short-listed Offerors will be invited to conduct on-site interviews tentatively scheduled on April 23, 2013 (Offerors will be given a two-week notice in case the date changes). For on-site presentations, it is expected that the Short-listed Offerors will provide demonstrations of the proposed System, including but not limited to the proposed bicycles, stations and computer systems. The Offeror will also provide a presentation of the planning approach, implementation, schedule, website, business model, marketing plan, and the training and outreach process. c. The firms under consideration for this RFP will be evaluated by an Evaluation Committee. The City reserves the right to request supplemental information that the Evaluation Committee deems necessary to make a selection. The Committee may be supplemented by outside professionals or professionals from other City departments who can provide additional expertise. d. All RFP responses will be evaluated on the basis of the criteria listed above in the Qualifications Section of this RFP. All firms that provide an RFP response will be notified when a selection is made. Upon completion of the evaluation process, the Street Transportation Department may enter into an agreement with the selected firm(s) to provide and install the system for the implementation.
2. OFFEROR(S) INCURRED COSTS
Each Offeror will be responsible for all costs incurred in preparing a response to this RFP. All materials and documents submitted by the Offeror in response to this RFP or any additional requests for materials and documents made by the City for evaluation pursuant to this RFP will become the property of the City and will not be returned. The selected Offeror(s) shall be responsible for all costs incurred by it during negotiations.
24 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 3. AGREEMENT a. The City will require the selected Offeror(s) to participate in negotiations and to submit such cost, technical or other revisions of the submittals as may result from negotiations. The City shall draft all final contracts and documents that result from this RFP, if applicable. b. The language contained in this RFP and the Offeror's statement of qualifications will form the basis of any resulting Contract. However, this RFP does not commit the City to enter into a Contract, to pay any costs incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure a contract for the project(s).
4. RESERVATION OF RIGHTS BY CITY a. The City is not obligated to accept any submittal or to negotiate with any Offeror(s). The City reserves the right to accept submittals which are deemed most favorable and in the best interests of the City after all submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the best Offeror(s) suited for the City. b. The issuance of this RFP and the acceptance of an RFP response do not constitute an agreement by the City that any contract shall actually be entered into by the City. The City expressly reserves the right to:
1. Waive any immaterial defect or informality in any RFP response or proposal procedure. 2. Reject any or all RFP responses. 3. Reissue a RFP. 4. Procure any service by any other means. 5. Request additional information and data from any or all companies. 6. Negotiate with any qualified Offeror(s). c. The City may confirm any information provided in the Offeror’s submittal, or inspect any of the Offeror’s facilities that would be utilized in connection with performing services under any resulting contract.
5. RIGHT TO DISQUALIFY
The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offeror submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of an RFP response hereunder, the
25 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Offeror waives any right to object now or at any future time, before anybody or agency including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror.
6. APPLICABLE LAW
Any and all disputes arising under any contract or out of the RFP herein called, shall be governed according to the laws of the State of Arizona, and the Offeror submitting an RFP response agrees that the venue for any such action brought to enforce provisions of the Contract shall be in Maricopa County, Arizona.
7. COMPLIANCE WITH LAWS
Each time the Offeror enters into a contract with the City, the Offeror shall at all times comply with all applicable laws, ordinances, statutes, rules and regulations.
8. NO VERBAL AGREEMENTS
No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the contract shall affect or modify any of the terms or obligations contained or to be contained in the contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Offeror. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties.
9. ADDENDUM
The City shall not be responsible for any oral instruction given by any employees of the City of Phoenix in regard to the proposal instructions, specifications, or proposal documents as described in this RFP. Any changes will be documented in the form of a written RFP addendum that will be distributed to Offerors.
10. INCONSISTENCY OR ERROR IN THE RFP
Any Offeror believing that there is any ambiguity, inconsistency or error in the RFP shall promptly notify the City in writing of such apparent discrepancy. Failure to notify the City by the RFP submission due date will constitute a waiver of claim of ambiguity, inconsistency or error.
26 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 11. ORGANIZATION EMPLOYMENT DISCLAIMER
Any contract entered into as a result of this RFP shall set forth the relationship between the City and the Offeror(s), and the rights and obligations of the parties shall only be those expressly set forth therein. The Offeror(s) will be required to agree as part of any contract entered into as the result hereof that no person supplied by it in the performance of the contract is an employee of the City, and further agrees that no rights of the City's Civil Service, Retirement or Personnel Rules accrue to any such persons. Any contracting party shall have the total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker's compensation and occupational disease compensation insurance, unemployment compensation, other benefits and taxes and premiums appurtenant thereto concerning such persons provided by such Offerors in the performance of the contract, and shall save and hold the City harmless with respect thereto.
12. VIOLATIONS DISCLOSURE
Each time the Offerors enter into a contract with the City, the Offerors shall notify the City and specifically identify any notices from any regulatory authority with respect to any violation or alleged violation of any law or regulation by the Offerors or any subcontractor.
Further, the Offerors shall be required to immediately notify the City of any inspection, audit, or review by any regulatory authority or records procedure of the Offerors or its subcontractors and provide the City with a copy of any written findings prepared by such regulatory authority in connection with such inspection, audit, or review.
13. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Offeror's products, services, and facilities shall be in full compliance with all applicable federal, state, and local health, environmental, and safety laws, regulations, standards, and ordinances, regardless of whether or not they are referred to by the City.
14. TRANSACTIONAL CONFLICTS OF INTEREST
The Offerors acknowledge that any contract resulting from this RFP submittal is subject to cancellation by the City pursuant to the provisions of Section 38-511, Arizona Revised Statutes.
27 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 15. NON-WAIVER OF LIABILITY
The City, as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Offeror submitting an RFP response agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
16. FUND APPROPRIATION CONTINGENCY
The Offeror recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Offerors herein recognize that the continuation of any agreement after the close of any given fiscal year of the City of Phoenix, which fiscal years end on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such agreement item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.
17. COOPERATIVE PURCHASING AGREEMENTS
It is the intent of the City of Phoenix to establish a cooperative purchasing agreement(s) with the City of Mesa and other municipalities through this solicitation process in order to establish a regional bike share network. In submitting a response to this RFP, offeror must acknowledge that their agreement authorizes the City of Phoenix to allow other governmental bodies to contractually “piggyback” and purchase from the City’s contract with the successful offeror. Any resultant contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.maricopa.gov/Materials/SAVE/save- members.pdf for a listing of participating agencies. Any such usage by other municipalities and government agencies must be in accord with the ordinance, charter and/or rules and regulations of the respective political entity.
18. REQUIRED FEDERAL PROVISIONS
Respondent acknowledges that it will be subject to all applicable contractual provisions and certification documents required by the funding source if federal grant funds are used. Such contractual provisions may include, but are not limited to, the following:
28 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
A. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract, Contractor:
a. Will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action must include 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. Contractor must post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b. Will, in all solicitations or advertisements for employees placed by Contractor or on Contractor’s behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
c. Will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
d. Will comply with all provisions of Executive Order No. 11246 or September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. Will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Contractor’s books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation, and orders.
29 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) f. In the event of Contractor’s noncompliance with the nondiscrimination clause of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No, 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. Contractor will include the provisions of the above Paragraphs 1) through 6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that the provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. If, however, Contractor becomes involved in, or are threatened with, litigation with a subcontractor or vendor as a result of such direction by the federal government contracting agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States.
B. OTHER FEDERAL PROVISIONS
a. Interest of Members of or Delegates to the United States Congress In accordance with 41 USC 22, Contractor will not admit any member of or delegate to the United States Congress to any share or part of the Contract or any benefit derived therefrom.
b. False or Fraudulent Statements and Claims i. Contractor recognizes that the requirements of the Program Fraud CivilRemedies Act of 1986, as amended, 49 USC 3081 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 CFR Part 31, apply to actions pertaining to the Contract. Accordingly, by signing the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement Contractor has made, Contractor makes, or Contractor may make pertaining to the Contract, including any invoice for Contractor’s services. In addition to other penalties that may be applicable, Contractor also acknowledges that if Contractor makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right
30 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on Contractor to the extent the federal government deems appropriate. ii. Contractor also acknowledges that if Contractor makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the City or federal government in connection with an urbanized area formula project financed with federal assistance authorized by 49 USC 5307, the Government reserves the right to impose on Contractor the penalties of 18 USC 1001 and 49 USC 5307(n)(1), to the extent the federal government deems appropriate.
c. Federal Interest in Patents i. General . If any invention, improvement, or discovery of Contractor is conceived or first actually reduced to practice in the course of or under the Agreement, and that invention, improvement, or discovery is patentable under the laws of the Unites States of America or any foreign country, Contractor must notify City immediately and provide a detailed report. ii. Federal Rights. Unless the federal government later makes a contrary determination in writing, the rights and responsibilities of the City, Contractor, and the federal government pertaining to that invention, improvement, or discovery will be determined in accordance with applicable federal laws and regulations, including any waiver of them; and irrespective of Contractor’s status or the status of any Subcontractor at any tier (e.g., a large business, small business, non-profit organization, institution of higher education, individual), Contractor will transmit to the federal government those rights due the federal government in any invention resulting from the Contract. d. Federal Interest in Data and Copyrights i. Definition. The term "subject data" used in this Section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Agreement. Examples include computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to Agreement administration. ii. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement. Except as provided in the Agreement and except for Contractor’s own internal use, Contractor may not publish or publicly reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of
31 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) the City and the federal government, until such time as the federal government may have either released or approved the release of such data to the public.
iii. Federal Rights in Data and Copyrights. In accordance with subparts 34 and 36 of the Common Rule, the City and the federal government reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for City or federal government purposes, the types of subject data described below. Without the copyright owner's consent, the City and federal government may not extend their license to other parties. 1. Any subject data developed under the Contract or subagreement financed by a federal Grant Agreement or Cooperative Agreement, whether or not a copyright has been obtained; and 2. Any rights of copyright in which Contractor purchase ownership with federal assistance. e. No Exclusionary or Discriminatory Specifications Apart from inconsistent requirements imposed by federal statute or regulations, Contractor will comply with the requirements of 49 USC 5323(h)(2) by refraining from using any federal assistance to support subcontracts procured using exclusionary or discriminatory specifications. f. Cargo Preference - Use of United States Flag Vessels Contractor must comply with U.S. Maritime Administration regulations, "Cargo-Preference - U.S. Flag Vessels," 49 CFR Part 381, and include the clauses required by those regulations, modified as necessary to identify the affected parties, in each subcontract or subagreement involving equipment, materials, or commodities suitable for transport by ocean vessel. g. Fly America Contractor must comply with 49 USC Section 40118, and related regulations at 41 CFR Part 301-10, regarding use of United States air carriers, and included clauses requiring Contractor’s Subcontractors to comply with the requirements of 49 USC Section 40118, and related regulations at 4 CFR Part 52, in all of Contractor’s subcontracts. h. No Federal Government Obligations to Third Parties Absent the federal government's express written consent, the federal government is not subject to any obligations or liabilities to any
32 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) contractor or any other person not a party to the Grant Agreement or Cooperative Agreement between the City and the federal government, which is a source of funds for this Contract. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, agreement, or contract, the federal government continues to have no obligations or liabilities to any party, including Contractor. i. Allowable Costs Notwithstanding any compensation provision to the contrary, Contractor compensation under this Contract is limited to those amounts that are allowable and allocable to the Contract in accordance with OMB Circular A-87 and the regulations in 49 CFR Part 18. To the extent that an audit reveals that Contractor have received payment in excess of such amounts, the City may offset such excess payments against any future payments due to Contractor and, if no future payments are due or if future payments are less than such excess, Contractor must promptly refund the amount of the excess payments to the City. j. Contract Work Hours and Safety Standards Act If applicable according to their terms, Contractor must comply and assure compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 327 through 333, and implementing U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction” (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act), 29 CFR Part 5; and U.S. DOL regulations, “Safety and Health Regulations for Construction”, 29 CFR Part 1926. In addition to other requirements that may apply: i.In accordance with sections of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 327 through 332, Contractor must assure that, for the Contract, the wages of every mechanic and laborer will be computed on the basis of a standard work week of 40 hours, and that each worker will be compensated for Work exceeding the standard work week at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Determinations pertaining to these requirements will be made in accordance with applicable U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction” (also Labor Standards Provisions Applicable to Non-Construction Contracts Subject to
33 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) the Contract Work Hours and Safety Standards Act), 29 CFR Part 5. ii.In accordance with section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 333, Contractor must assure that no laborer or mechanic working on a construction contract is required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health and safety, as determined in accordance with US DOL regulations, “Safety and Health Regulations for Construction,” 29 CFR Part 1926. k. Seismic Safety If this Contract is for the construction of a building or an addition thereto, Contractor must apply the requirements of US DOT regulations applicable to seismic safety requirements for US DOT assisted construction projects at 49 CFR Part 41, (specifically, 49 CFR 41.120), and any implementing guidance the federal government may issue, to the construction of any new building and to additions to any existing building. l. Buy America Contractor must ensure that any Work performed under this Contract complies with the "Buy America" regulations of the FHWA, as set forth in 23 CFR Part 635.410, which generally require that all manufacturing processes for steel and iron products to be incorporated in a construction project occur in the United States. m. Buy America Certification The Contractor agrees to comply with all statutes and regulations that provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in federally funded projects are produced in the United States, unless a waiver has been granted or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. n. Audit and Inspection The Contractor agrees to permit the Secretary of Transportation ("Secretary") and the Comptroller General of the United States, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. The Contractor agrees to require each third party contractor whose contract award is not based on competitive bidding
34 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) procedures as defined by the Secretary to permit the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that contract, and to audit the books, records, and accounts involving that contract as it affects the Project.
17. GENERAL INFORMATION
If you have any questions concerning this RFP, please contact Steve Copeland at 602-256-3519.
35 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) SECTION VI – PROTEST PROCESS
There will be two points in this procurement process where a protest may be filed. The points are: 1) disqualification of RFP response before evaluation; and 2) announcement of the selected firm. If a submission is disqualified, the Offeror will be notified immediately by email.
The time period of protest will begin from the time of such notification and last for 10 calendar days. The final recommendation will be posted on the website:
http://phoenix.gov/business/contract/opportunities/recommendations/index.html .
The period for protest will begin with the posting and last for 10 calendar days. Any unsuccessful Offeror may file a protest following the procedures found in Attachment B.
SECTION VII – ADDITIONAL TERMS AND CONDITIONS
It is the intent of this Bike Sharing system that the City will not incur any cost for the system including any liability claims incurred for the installation, security, maintenance, and operations. The following terms and conditions shall apply, be incorporated and made a part of the agreement between the City of Phoenix and Offeror:
1. SECURITY FUND
Prior to the execution of the proposed Contract, the Contractor will be required to deposit with the City of Phoenix an amount to be determined by the City, sufficient to ensure the faithful performance by the Contractor of all conditions, provisions, and requirements of the proposed contract, in an amount which will be not less than thirty thousand dollars ($ 30,000). This fund shall be replenished at the request of the City during the contract period. The City will be authorized to make withdrawals from the Security Fund should the Contractor fail to pay any fees or taxes. The City also will be authorized, in the event the Contractor fails to cure a breach of the proposed contract after notice from the City of Phoenix, to cause the necessary work to be done and collect the cost thereof from the Security Fund. The City also will be authorized to assess and collect liquidated damages from the Security Fund or the Contractor as discussed in the Technical/Performance Metrics in Attachment D.
2. PERFORMANCE AND PAYMENT BOND
Prior to the execution of the proposed contract, the Contractor will be required to deposit with City of Phoenix a surety performance bond and a surety payment bond in an amount to be determined by the City sufficient to ensure the installation
36 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) of the System structures and the faithful performance of all of the terms and conditions of the proposed contract. The performance bond shall also expressly provide for the in-kind replacement and repair of sidewalks and historic pavements. A portion of this performance and payment bonds may be in the form of cash, and the remainder shall be in the form of a bond, legally executed by a surety company or companies approved by the City.
3. INSURANCE AND INDEMNIFICATION REQUIREMENTS
See “Attachment A.”
4. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
Offerors must be in compliance with Phoenix City Code, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Any questions in regard to these requirements should be directed to the Equal Opportunity Department, (602) 262-6790. The City of Phoenix extends to each individual, firm, Vendor, Supplier, Contractor and subcontractors an equal economic opportunity to compete for City business and strongly encourages voluntary utilization of small or disadvantaged businesses.
5. LEGAL WORKER REQUIREMENTS
The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23- 214(A). Therefore, contractor agrees that: a. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A. b. A breach of warranty under paragraph 1 shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement. c. The City retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 1.
6. LAWFUL PRESENCE REQUIREMENT
Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the
37 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.
7. IRAN AND SUDAN
Pursuant to A.R.S. §§ 35.391.06 and 35-393.06, contractor certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Iran or Sudan.
8. CONFIDENTIALITY AND DATA SECURITY
All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor/Consultant in connection with this Agreement is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Contractor/Consultant shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager, or his/her designee.
Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Contractor/Consultant must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices.
When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed.
In the event that data collected or obtained by the Contractor/Consultant in connection with this Agreement is believed to have been compromised, Contractor/Consultant shall notify the City Privacy Officer immediately. Contractor/Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.
Contractor/Consultant agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by the Contractor/Consultant. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.
38 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) The obligations of Contractor/Consultant under this Section shall survive the termination of this Agreement.
9. CONTRACTOR AND SUSCONTRACTOR WORKER BACKGROUND SCREENING a. Contract Worker Background Screening Offeror agrees that all contract workers and subcontractors (collectively “Contract Worker(s)”) that Offeror furnishes to the City pursuant to this Agreement shall be subject to background and security checks and screening (collectively “Background Screening”) at Offeror’s sole cost and expense as set forth in this Section. The Background Screening provided by Offeror shall comply with all applicable laws, rules and regulations. Offeror further agrees that the Background Screening required in this Section is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Offeror from any liabilities that may arise out of Offeror’s services under this Agreement or Offeror’s failure to comply with this Section. Therefore, in addition to the specific measures set forth below, Offeror and its Contract Workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this Agreement. b. Background Screening Requirements and Criteria
Because of the varied types of services performed, the City has established three levels of risk and associated Background Screening. The risk level and Background Screening required for this Agreement is 2) Standard Risk.
1) Minimum Risk and Background Screening (“Minimum Risk”) A minimum risk Background Screening shall be performed when the Contract Worker: (i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status.
2) Standard Risk and Background Screening (“Standard Risk”) A standard risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening
39 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire.
3) Risk and Background Screening (“Maximum Risk”) A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the Contract Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-45.6. c. Offeror Certification; City Approval of Maximum Risk Background Screening
By executing this Agreement, Offeror certifies and warrants that Offeror has read the Background Screening requirements and criteria in this Section, understands them and that all Background Screening information furnished to the City is accurate and current. Also, by executing this Agreement, Offeror further certifies and warrants that Offeror has satisfied all such Background Screening requirements for the Minimum Risk and Standard Risk Background Screenings as required. In addition, for Maximum Risk Background Screening, Contractor shall furnish to Kevin Hobin, Street Transportation Department Human Resources Supervisor, for the City’s review and approval such Background Screenings for any Contract Worker considered for performing services under this Agreement where human safety or facility security is classified as a Maximum Risk level. The subject Contract Worker shall not apply for the appropriate City of Phoenix identification and access badge or keys until Offeror has received the City’s written acceptance of the subject Contract Worker’s Maximum Risk Background Screening. The City may, in its sole discretion, accept or reject any or all of the Contract Workers proposed by Offeror for performing work under this Agreement. A Contract Worker rejected for work at a Maximum Risk level under this Agreement shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval.
40 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) d. Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts
Offeror shall include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under this Agreement including, but not limited to, supervision and oversight services. e. Materiality of Background Screening Requirements; Indemnity
The Background Screening requirements of this Section are material to City’s entry into this Agreement and any breach of this Section by Offeror shall be deemed a material breach of this Agreement. In addition to the indemnity provisions set forth in Section VI(1) of this Agreement, Offeror shall defend, indemnify and hold harmless the City for any and all Claims (as defined in Section VI(1)) arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by Offeror or the City for failure to satisfy this Section. f. Continuing Duty; Audit
Offeror’s obligations and requirements that Contract Workers satisfy this Background Screening Section shall continue throughout the entire term of this Agreement. Offeror shall notify the City immediately of any change to a Maximum Risk Background Screening of a Contract Worker previously approved by the City. Offeror shall maintain all records and documents related to all Background Screenings and the City reserves the right to audit Offeror’s compliance with this Section.
10. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS
A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY WITHOUT: (1) THE PRIOR COMPLETION AND CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER. a. Badge Access Procedures An authorized City of Phoenix badge application form is available at the City of Phoenix Badging Office, 251 W. Washington St., 2nd Floor, Phoenix, AZ 85003- 1611. Each Contract Worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under this
41 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Agreement shall submit to the City of Phoenix, Banking & Cashiering Division, 251 W. Washington, 3rd Floor, Phoenix, AZ 85003-1611: (i) a fully completed and authorized City of Phoenix badge application form; (ii) a check in the initial badge fee amount listed below made payable to the “City of Phoenix”; and (iii) two forms of identification. One form of identification must be a government issued credential with an accompanying photograph. The second form of identification must be a valid passport; military issued identification card; immigration and naturalized services identification card; social security card; or an original birth certificate. After receipt of the badge application and payment, the Contract Worker will proceed to the badging office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information within five (5) business days from initial submission of the badge application or the subject Contract Worker’s badge application shall be rejected. b. Key Access Procedures If the Contract Worker’s services require keyed access to enter a City facility(s), a separate key issue/return form must be completed and submitted by the Offeror for each key issued. The key issue/return form is available at and the completed form shall be submitted to the badging office at the address above. c. Stolen or Lost Badges or Keys Offeror shall report lost or stolen badges or keys to their local police department and must obtain a police department report (PDR) prior to reissuance of any lost or stolen badge or key. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees listed below prior to issuance of a new badge or key. d. Return of Badges or Keys All badges and keys are the property of the City and must be returned to the City at the badging office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Agreement. Offeror shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Agreement. e. Offeror’s Default; Liquidated Damages; Reservation of Remedies for Material Breach Offeror’s default under this Section shall include, but is not limited to the following: (i) Contract Worker gains access to a City facility(s) without the proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Agreement without the proper badge, key or Background Screening; (iv) Contract Worker or Offeror
42 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable Background Screening; or (v) Offeror fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement. Offeror acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Offeror agrees to properly cure any default under this Section within three (3) business days from the date notice of default is sent by the City. The parties agree that Offeror’s failure to properly cure any default under this Section shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, the Offeror shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) for each breach by Offeror of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Agreement in the event that Offeror breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that Offeror breaches this Section. The parties further agree that three (3) breaches by Offeror of this Section arising out of any default within a consecutive period of three (3) months or three (3) breaches by Offeror of this Section arising out of the same default within a period of twelve (12) consecutive months shall constitute a material breach of this Agreement by Offeror and the City expressly reserves all of its rights, remedies and interests under this Agreement, at law and in equity including, but not limited to, termination of this Agreement. f. Badge and Key Fees The following constitute the badge and key fees under this Agreement. The City reserves the right to amend these fees upon thirty (30) days prior written notice to Offeror.
Initial Badge Fee: $ 55.00 per applicant Replacement Badge Fee: $ 55.00 per badge Lost / Stolen Badge Fee: $ 55.00 per badge Replacement Key Fee: $ 55.00 per key Lost / Stolen Key Fee: $ 55.00 per key Replacement Locks $ 55.00 per lock
43 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) SECTION VIII – ATTACHMENTS AND EXHIBITS
ATTACHMENT A: INSURANCE AND INDEMNIFICATION REQUIREMENTS
INDEMNIFICATION CLAUSE: Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City.
INSURANCE REQUIREMENTS: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.
44 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) A. MINIMUM SCOPE AND LIMITS OF INSURANCE : Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.
1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".
2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor".
3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000 a. Policy shall contain a waiver of subrogation against the City of Phoenix. b. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.
45 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
4. Professional Liability (Errors and Omissions Liability) When any architects, engineers, EDP professionals, project managers/ administrators or other professional consultants perform work in connection with this Contract, Professional Liability Insurance covering acts, errors, misconduct, omissions, or lack of ordinary skill for these positions defined in the Scope of Services of this contract. Each Claim $1,000,000 Annual Aggregate $2,000,000 a. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
5. Network Security and Privacy Liability Each Claim $2,000,000 Annual Aggregate $2,000,000
In the event that the Network Security and Privacy Liability insurance required by this Agreement is written on a claims-made basis, consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a two (2) years beginning at the time work under this Agreement is completed.
6. Fidelity Bond or Crime Insurance The Contractor must provide Blanket Crime coverage covering all persons handling funds under this Contract, against loss by dishonesty, robbery, burglary, theft, destruction, or disappearance, computer fraud, credit card forgery, and other related crime risks. The policy limit must be written to cover losses in the amount of maximum monies collected, received and in the possession of Contractor at any given time. The other requirements for the coverage includes:
a. The bond or policy shall include coverage for all directors, officers, agents and employees of the Contractor. b. The bond or policy shall include coverage for third party fidelity. c. The bond or policy shall include coverage for extended theft and mysterious disappearance.
46 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) e. The bond or policy shall not contain a condition requiring an arrest and conviction.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions: 1. On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. 2 The Contractor's insurance coverage shall be primary insurance and non- contributory with respect to all other available sources.
C. NOTICE OF CANCELLATION : For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice shall be mailed, emailed, hand delivered or sent by facsimile transmission to City of Phoenix Street Transportation Department; Attn: Management Services, Fiscal Section; 200 W. Washington, 5th Floor; Phoenix, AZ 85003; Fax No. 602-495-2016).
D. ACCEPTABILITY OF INSURERS : Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE : Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract shall be sent directly to City of Phoenix Street Transportation Department; Attn: Management Services, Fiscal Section; 200 W. Washington, 5th Floor; Phoenix, AZ 85003; Fax Number 602-495-2016). The City project/contract number and project
47 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
F. SUBCONTRACTORS: Contractors’ certificate(s) shall include all the sub- contractors as additional insureds under its policies or Contractor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
G. APPROVAL : Any modification or variation from the insurance requirements in this Contract shall be made by the Law Department, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action.
48 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
ATTACHMENT B: PROTEST PROCEDURES FOR SOLICITATIONS
A. General Protest Information 1. All Bid/Proposal recommendations will be posted on the City's website.
2. The Protest Period will begin once an award recommendation is posted on the City's website.
3. The Protest Period will be 10 calendar days.
4. All documents submitted by bidders and Offerors shall become the property of the City and become a matter of public record available for review pursuant to Arizona State law. Bidder shall mark any information as part of the bidder's proposal that bidder deems confidential or proprietary (collectively "Proprietary Information"). If the City receives a request to review or disclose such Proprietary Information, the City will provide bidder written notice of the request to allow bidder the opportunity to obtain a court order to prevent the disclosure or review of such Proprietary Information. Bidder must obtain a court order within seven (7) calendar days from the date of the notice. If no court order is issued and received by the City within the seven day period, the City may disclose or allow the review of such Proprietary Information. When Proprietary Information is notated in the bid file, the Protest Period will be extended 7 days to allow for this process.
5. At the time the award recommendation is posted, the procurement file will be made available for bidder/Offeror review. The procurement file constitutes all bidders proposals, the solicitation and all addendums, advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluators, and evaluation committee consensus scoring.
6. Resolution of all protests and appeals must be complete prior to City Council action or award.
7. Each solicitation must clearly state protest procedures, procurement authority (for protests), and protest timelines.
B. Content of the Protest 1. Protests must be in writing and submitted to the Street Transportation Director (the Procurement Authority).
2. Protests must include: a. The name, address, and telephone number of the protester. b. The signature of the protester or its representative
49 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) c. Identification of the solicitation number d. A detailed statement of the legal and factual grounds of protest including copies of relevant documents e. The form of relief requested.
3. Protests must be submitted within the protest period outlined in the bid document. If the protester demonstrates good cause, the Procurement Authority may consider a protest that is not filed timely.
C. Resolution of the Protest 1. The Procurement Authority will confer with the Law Department and has the ability to resolve the protest.
2. The Procurement Authority will provide a copy of the protest letter to the recommended bidder/Offeror.
3. The Procurement Authority will issue a written decision within 14 calendar days after the filing of the protest. The decision of the Procurement Authority will include: a. The basis for the decision b. A statement that the decision may be appealed, the deadline for appeal, (must be at least 14 calendar days), and the name and contact information for the Appeal Panel.
D. Appeals of Protests 1. Authority to resolve appeals will be assigned by the City Manager to a 4- person Appeal Panel consisting of a representative of the City Manager's Office, a representative of the City Auditor's Office, a citizen committee member of the Procurement Process Improvement Workgroup, and a Department Director from a department not associated with the original procurement. The City Manager may appoint an independent Hearing Officer to hear the case in lieu of the 4-person Appeal Panel. An appeal of a protest will consist exclusively of a review of the written record by an Appeal Panel or Hearing Officer. Oral argument is at the discretion of the Hearing Officer (if one is appointed).
2. The Protester must appeal the decision in writing to the Appeal Panel or Hearing Officer within the time frame outlined in the protest response (not less than 14 calendar days) and provides a copy to the Procurement Authority.
3. The appeal must include the following information: a. The information required in Section B.2. of this procedure. b. A copy of the original protest and the decision letter from the Procurement Authority.
50 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) c. The factual or legal error in the original decision of the Procurement Authority.
4. The Procurement Authority will provide a copy of the appeal to the successful bidder/Offeror.
5. The Procurement Authority will provide a written report to the Appeal Panel or Hearing Officer within 14 calendar days after receipt of the Protester's appeal that has been timely filed. The Procurement Authority's written report should include all documents relevant to the department's decisions on the proposed award, the protest, and the appeal.
6. The Appeal Panel or Hearing Officer has the final authority to resolve all timely filed appeals. The Appeal Panel's or Hearing Officer's review will be on the record. The Appeal Panel's or Hearing Officer's report will be issued to the City Manager, the Procurement Authority, and the Protester within 3 days of the date that the appeal is filed.
7. The City Manager will issue a quarterly report to the City Council listing all appeals and the resolution.
51 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT C: STATEMENT OF QUALIFICATIONS
1. General Information. Offerors must provide the following information: Legal name of Firm; Headquarters Address; City, State, Zip code; Web Site Address; Number of Years in Business; Total Number of Employees; Entity Type (i.e. Non Profit, Corporation, etc.); Total Annual Revenues separated by the last 3 full fiscal years; Major Products and/or Services; Other Products and/or Services.
2. Narrative Offerors must provide relevant information regarding their firm’s experience in operating a self-service, bike share systems with a minimum of 250-500 bikes and which accepts credit card payments via an on-site terminal. Such information should identify the cities or localities where such Bikeshare systems are or have been provided, and should also describe in detail the scope and value of relevant current and past contracts, licenses, franchises and any other agreement. Please provide a detailed narrative setting forth the background, experience, and qualifications of the firm(s) and the principals of the firm(s).
3. Organization Chart and Team Members Offerors shall provide an organization outline or chart identifying the names and titles of project team members, reporting relationships within the project team and a resume or summary of qualifications of each team member, including past performance on similar or related projects, and an explanation of the roles that these individuals will have in the fulfillment of the proposed contract.
4. Financial Statements Each firm that is a party to the proposal must submit audited financial statements for its two most recent completed fiscal years.
5. Prior system Testing Results Offerors should provide the results of all applicable “stress,” durability, strength and vandalism tests conducted on their equipment and systems. Please include results of tests conducted by you and any conducted by third parties, if available.
6. Disclosure Offerors shall disclose any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigation pending which involves the vendor or subcontractor or in which the vendor has been judged guilty or liable.
52 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT D: TECHNICAL PROPOSAL
Yes No # System Planning Approach N/A Points Q1 Please discuss your methodology for determining your 15 proposed conceptual System area. Narrative R1
Q2 Please describe and provide a map of your proposed 25 conceptual System area. Narrative R2
Q3 Please indicate the number of Bicycles and number of Stations you anticipate will be required to adequately serve 45 your proposed conceptual System area. Narrative R3
Q4 Does your system include more than the minimum 250 25 Bicycle/Station requirement? (1,000 bikes = 25 pts) Narrative R4
Q5 Describe the BikeSharing System operation for Users with 20 respect to returning Bikes to Stations or other locations Narrative R5
Q6 The Contractor will work with City staff to select an Yes appropriate number and density of Stations throughout the No 25 coverage area. Yes/No/NA N/A C6
Q7 Yes The Contractor will prepare detailed siting plans for each No 30 selected Station Site. Yes/No/NA N/A C7
Q8 The Contractor will solicit public input for siting Stations and Yes Bicycles utilizing a "select a station" process where No individuals can recommend a station location via a web site. Yes/No/NA N/A 35 C8
Q9 In consultation with the City, the Contractor will develop all Yes materials needed for public meetings, forums, and events No 15 and present those materials when requested by the City. Yes/No/NA N/A C9
53 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q10 How many public “siting” and other meetings will you attend for soliciting input from the community. Do you have prepared “sample” agendas and presentation materials for meetings? Narrative 15 R10
Q11 The Contractor will perform all necessary roadwork (e.g. Yes striping, road markings, safety treatments) to ensure the No 25 safe placement of Stations. Yes/No/NA N/A C11
Q12 Yes The Contractor will install all Stations in an efficient secure, No 20 professional manner as approved by the City. Yes/No/NA N/A C12
Q13 The selected Contractor will ensure that all sites are fully restored to the satisfaction of the City whenever Stations are removed or installed. No damage or attachment points Yes should be left behind. Stations located on sidewalks or No 15 other pedestrian areas require full replacement. Yes/No/NA N/A C13
Q14 Please identify the approximate number of Bicycles at each Station sites and where "large" Stations will be located 25 having more than 20 bike spaces in high demand areas. Narrative R14
Q15 Can you provide a commitment for a set number of stations, free of charge to the City, located along key neighborhood corridors? If yes, how many stations can you commit to providing at this time and where do you propose locating 15 them? Narrative R15
Q16 Please describe how your business plan calculates the optimal system size for the following: (1) System-wide number of stations; (2) System-wide number of bikes; (3) System-wide number of bike parking stations; (4) System- wide ratio of bike parking spots to bikes; (5) System-wide ratio of bikes to stations; (6) System-wide ratio of bikes parking spots to stations; (7) System-wide average number 35 of stations per square mile; (8) System-wide average Narrative
54 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) distance between stations; (9) System-wide average number of subscribers to (in-service) bikes.
Q16
Q17 Please describe how your business plan identifies the optimal implementation zone and the process by which it determines station locations. Please include the following: (1) Target implementation zone; (2) Number of stations estimated or proposed per district within the City; (3) Location details for each municipality such as property owner type (i.e. municipality, institution, private landowner), property owner (i.e. City, University, Hospital), space type (residential parking space, metered parking space, sidewalk, parking garage, other); (4) As possible, estimate percentage and total number of stations per property owner, property 25 owner type, space type, property type, and district. Narrative Q17
Q18 Please describe how your business plan estimates ridership. Please include the following: (1) Total trips per year; (2) Total subscribers; (3) Average daily users; (4) Average daily trips; (5) Total annual daily users; (6) Average total trips per month; (7) Average total trips per hour; (8) Percentage of 25 total trips originating or terminating within each district Narrative R18
55 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q19 Please describe your plan's approach to rollout. In particular, please address the following: (1) Do you propose a single or phase launch; (2) What is your timeline for rollout; (3) Will your system run year round or will it shutdown fully or partially for select months and if so, which months; (4) Will rentals be available 24 hours a day, seven days a week, or is there a nighttime shutdown and if so, which hours; (5) Do you have the ability to partially shut down select stations in the summer by request of municipality, institution, or private 35 landowner. Narrative R19
Q20 Please describe your planned organizational structure and proposed staffing. Please show total number of jobs and 25 number of jobs by type. Narrative R20
Q21 Please describe how your plan addresses the challenges faced by other bike share programs, including but not limited 10 to theft of bicycles. Narrative R21
Q22 Please describe your understanding of the successes and challenges of other bicycle sharing systems, particularly in 10 North America. Narrative R22
56 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ Points # Street Test NA Q1 The Contractor can provide a Street Test. Yes No 10 Yes/No/NA N/A C1
Q2 If the Contractor can provide a Street Test, discuss how you would provide a Test and indicate the maximum number of Bicycles and Stations you would provide Narrative 10 R2
Q3 All equipment and systems used in the Street Test will be Yes substantially similar and proportional to the equipment No 5 proposed for the full system. Yes/No/NA N/A C3
Q4 The Contractor will assume all responsibility for operating Yes and maintaining the Street Test in a manner substantially No 10 similar to that proposed for the full System. Yes/No/NA N/A C4
Q5 Based on the results of the Street Test, the Contractor will modify all System equipment and systems as necessary to Yes meet City standards or revised requirements at no cost to No 10 the City. Yes/No/NA N/A C5
57 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Membership Options NA Points Q1 Please describe your proposed Payment system including proposed subscription types (e.g. annual, weekly, daily 10 etc.) Narrative R1
Q2 Please describe all relevant prior experience in creating and operating effective payment systems for bike sharing 5 or similar systems. Narrative R2
Q3 Please identify all 3rd parties involved in collecting 5 payments in service of the System. Narrative R3
Q4 Please describer if/how you will collect use fees for trips in 5 excess of the initial free period. Narrative R4
Q5 Please explain how fees will be collected in cases of 5 damage or theft. Narrative R5
Q6 Please explain how late fees and penalty fees (e.g. for Bicycles not returned within 24 hours) will be assessed. Narrative 5 R6
Q7 Please describe how user payment options will be upgraded to remain compatible with technological 10 developments in the credit card industry. Narrative R7
Q8 Yes The contractor collects payments for the use of the System, No 5 as authorized by the City? Yes/No/NA N/A C8
Q9 Yes No Can payments be made by smart phone apps? Yes/No/NA N/A 5 C9
Q10 Subscriptions can be purchased using major US credit Yes cards and major foreign (non-US) credit cards and/or pin- No 10 and-chip credit cards and/or credit cards without a Yes/No/NA N/A
58 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) magnetic strip.
C10
Q11 Yes No 10 Credit cards can double as membership cards? Yes/No/NA N/A C11
Q12 Yes No 5 Subscriptions can be purchased using debit cards? Yes/No/NA N/A C12
Q13 Yes "Smart" cards (such as college/university IDs) can be used No 10 in lieu of membership cards? Yes/No/NA N/A C13 Q14 Yes Are all the processes for collecting payments PCI No compliant? Yes/No/NA N/A 15 C14
Q15 Yes Do you handle services that use “Unbanked” payment No options? Yes/No/NA N/A 10 C15
59 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
# Legal Yes/No/NA Points Q1 Indemnity to the City for all third party claims against the City related to the use of the Bicycle Sharing System. If any Yes responses are not yes, then the offeror may be No 30 automatically disqualified. Yes/No/NA N/A C1
Q2 All users sign a legally binding waiver/assumption of risk, Yes either when subscribing via the website or as part of the No on-site registration process. Yes/No/NA N/A 20 C2 Q3 Please provide either 1) a copy of a certificate of insurance currently evidencing the insurance requirements listed herein, and/or 2) a statement that the Proposer can timely obtain the specified insurance requirements in the event a contract is awarded. Additional Insured, Waiver of Subrogation, and the requirement for the Offeror's insurance to be primary, the current certificate of insurance is acceptable with a statement that these requirements can be obtained in the event a contract is awarded Narrative 25 R3
Q4 State how you will comply with the City’s insurance requirements. Narrative 5 R4
Q5 Will your company or organization sign a legal document accepting and acknowledging all risks and holding Yes harmless the City, institution, and/or private landowner from No 25 all suits? Yes/No/NA N/A C5 Q6 Is your company or organization assuming all liability for Yes the system? No 25 Yes/No/NA N/A C6
Q7 Is your company able to obtain all the liability insurance Yes coverage consistent with the requirements of the City? No 30 Yes/No/NA N/A C7
Q8 How will your company or organization provide assurance 25 of financial sustainability through term of contract? Narrative R8
Q9 Is your company able to name the City of Phoenix as Yes additional insured on your liability insurance policies? No Yes/No/NA N/A 20
60 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) C9 Q10 Will you provide a bond to cover a minimum of 125% of Yes system start-up costs? No Yes/No/NA N/A 25 C10
Q11 Do you have specific insurance coverage protecting Yes against bodily injury and information risk exposures No presented by this program? Yes/No/NA N/A 20 C11
Q12 Please provide your typical rental agreement with the disclaimer of liability to the bicycle users. Narrative 5 R12
Q13 Describe the security measures used for a typical station. Narrative 10 R13
Q14 Please provide images of typical safety, warning, and/or disclaimer station signage. Narrative 5 R14
Q15 Do your stations have signs posted notifying users that the Yes station element and bikes are the property of the operator? No Yes/No/NA N/A 5 C15
Q16 Do stations have an advisory posted for users to wear Yes helmets and that use of the bicycle is at their own risk? No Yes/No/NA N/A 10 C16
Q17 Do rental agreements, whether online or on paper, advise Yes users to wear helmets and that use of the bicycle is at their No own risk? Yes/No/NA N/A 5 C17
61 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Bicycles NA Points Q1 Please describe your proposed Bicycle including Bicycle 25 weight and material(s). Narrative R1
Q2 Bicycles have a "one size fits all" design that fits the Yes majority of the adult population with seat-only adjustment. No Seat adjustment should not require any additional tools? Yes/No/NA N/A 20 C2 Q3 Yes Does your Bicycle have an upright riding position allowing No for riders to be confident in traffic? Yes/No/NA N/A 5 C3
Q4 What makes your Bicycles easy to operate, easy to mount and to hold in stopped position, including for shorter riders? Narrative 15 R4
Q5 Describe your Bicycle's step-through design. Narrative 5 R5
Q6 Please describe how GPS and RFID will be incorporated into the Bicycle design. Narrative 25 R6 Q7 Does the bike use theft and tamper resistant parts (potentially through use of components not compatible with other bicycle) and/or tamper resistant bolts? Can Bicycle elements/parts be removed without specialized, proprietary tools not commonly available? Please explain. Narrative 15 R7 Q8 Bicycles are easy to clean and are impervious to the Yes elements. They are scratch-resistant, graffiti-resistant, No 15 and rust proof (including the external parts). Yes/No/NA N/A C8
Q9 Is the Bicycle equipped with sensors to self-diagnose and report mechanical problems? If so, how does it diagnose? Narrative 20 R9
Q10 Yes Bicycles have a simple, intuitive, and reliable braking No mechanism. Yes/No/NA N/A 15 C10
62 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q11 Yes Bicycles have a simple, reliable gear shift mechanism that No 10 offers a minimum of 3 speeds. (please specify gear ratio) Yes/No/NA N/A C11 Q12 How many gears does the bike have? Narrative 5 R12 Q13 Bicycles have gear and brake mechanisms, cables and Yes parts that are protected from rain, dirt, and enclosed in a No tamper-proof guard. Yes/No/NA N/A 10 C13
Q14 Bicycles have 26" or larger puncture resistant tires. Describe your puncture resistant tires. Narrative 10 R14
Q15 Bicycles have “pedal-powered” front and back lights which turn on automatically while the Bicycle is in motion. Lights Yes remain illuminated for at least 90 seconds when the rider No is stopped. Yes/No/NA N/A 10 C15
Q16 Do Bicycles have front and rear mud guards and fenders Yes or otherwise protect from grease, dirt, and tire spray, No including enclosed drive train and full fenders? Yes/No/NA N/A 5 C16
Q17 Bicycles have adequate reflectors including, but not Yes limited to, front/back/side reflectors, reflective sidewall No tires. Yes/No/NA N/A 10 C17 Q18 Yes Bicycles have transparent, porous and easy to clean No basket. Yes/No/NA N/A 5 C18
Q19 Please describe your basket including the dimensions, mounting locations, cargo capacity (e.g. for a typical briefcase, book bag, or grocery bag weighting up to twenty pounds)? Narrative 20 R19
Q20 Yes No 5 Bicycles have a bell. Yes/No/NA N/A C20 Q21 Are the Bicycle chainless and/or does it have a chain- guard? Narrative 5
63 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R21
Q22 Yes Does your bike have a kickstand or other device to allow No Bicycles to be supported upright? Yes/No/NA N/A 10 C22
Q23 Does your Bicycle have a secondary lock to enable users Yes to secure bikes to any bike rack or post while making a No quick stop? Yes/No/NA N/A 10 C23
Q24 Yes Will your Bicycles be compatible with racks on the fronts No of the City's buses and on light-rail? Yes/No/NA N/A 10 C24
Q25 Yes Will you have a customer service phone number on every No Bicycle with durable, weather resistant labels? Yes/No/NA N/A 5 C25 Q26 Yes Does your Bicycle have capacity for sponsorship or No 10 advertising that can be easily changed? Yes/No/NA N/A C26
Q27 Does your Bicycle have a useful life greater than three years? Narrative 10 R27
Q28 Yes Can you provide an alternate type of Bicycle designed for No rough terrains in Parks? Yes/No/NA N/A 15 C28 Q29 Does the manufacture of your bicycles comply with the Yes FHWA “Buy America” requirements as set forth in 23 CFR No Part 635.410? Yes/No/NA N/A 35 C29
64 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Stations NA Points Q1 5 Please describe the Station. Narrative R1
Q2 Please describe and provide a drawing of your typical 5 Station layout. Please indicate all proposed roadwork (e.g. striping, road markings, safety treatments). Narrative R2
Q3 What are the dimensional requirements (length, width, and 5 height) of your average and minimum-sized station? Narrative R3
Q4 What is the smallest feasible footprint so that stations take a 5 minimum of road or sidewalk space? Narrative R4
Q5 Please show the layout of the station and components as 5 they would be configured in an average sized parking space or along a sidewalk. Narrative R5
Q6 Please show dimensions of each station component 5 separately (hub, sign, terminal, and bicycle) as well as the entire station. Narrative R6
Q7 Please show a photograph, picture or rendering of your 5 system and describe how it will be aesthetically compatible with the streetscape and neighborhood context, particularly of historic districts, both when terminal is full of bicycles and when it is empty? Narrative R7
Q8 Yes 5 Will all stations within the network have a unified look and No feel? Yes/No/NA N/A C8
65 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q9 Does your company or organization have the capacity to 10 modify or design the station and components (bikes, terminal, hub, and sign) to address issues specific to the City? Narrative R9
Q10 If you have an existing system, what modifications will you 5 make to the station and components for use in the City Narrative R10
Q11 Please describe the power requirements of the typical 10 Station and explain how you propose to provide power to Stations on a 24-hour basis in all seasons. Please note typical Stations should not use a hard wired connection to the power grid. Do your stations run on alternative energy? Narrative R11
Q12 Does your Station have availability of a backup power 10 source? Narrative R12
Q13 Does your station have capacity to maintain security of the 5 system during a power failure event, or loss of internet connections? Narrative R13
Q14 Please describe the Station installation process, 5 requirements, and estimated time to install and remove each Station. Are they easily movable? Explain how Stations will be secured. Narrative R14
Q15 Are Stations free-standing, pre-fabricated and modular? Yes 5 Can individual Stations be set-up in a variety of No configurations and vary in size? Yes/No/NA N/A C15
Q16 Please explain how the Station elements will be connected 5 to one another (i.e. how each individual Dock will communicate with the Station Computer Unit). Indicate if/how gaps (e.g. tree pits, manhole covers, drain grates) will be accommodated. Narrative
66 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R16
Q17 Can the Stations have the ability to adjust capacity (i.e the 10 number of Bicycles) though the life of the station after initial construction? Narrative R17
Q18 Do you have the ability to connect additional stations to 5 existing stations without installing another terminal? Narrative R18
Q19 Please discuss any restrictions on Station locations and 5 explain your proposed Station clearance requirements. Narrative R19
Q20 Does the typical Station installation require excavation or 5 roadwork other than striping and road markings. If removed, the does the Station leave any damage or attachment points behind? When removed, what is left on the ground? Narrative R20
Q21 Can you install stations on public or private way, in a 10 covered area and/or outside? Narrative R21
Q22 If stations are shut down and removed during the summer, 5 will (1) standard equipment be available to service the area? And (2) what objects will remain in the location where the station was removed and will pedestrians and/or cars be able to travel across the area and/or park safely? Narrative R22
Q23 Does your station have horizontal components that could 5 trip a pedestrian or injure a bicyclist approaching a terminal at night? Narrative R23
Q24 Yes 5 Can Stations and Station elements/parts be moved or No removed without specialized, proprietary tools? Yes/No/NA N/A C24
67 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q25 Yes 5 Are Stations durable and scratch-, graffiti-, and/or easy to No clean, replace and repair? Yes/No/NA N/A C25
Q26 Please describe the locking mechanism that will be used to 5 secure Bicycles at the Station. Where and how does the Station connect to the Bicycle and please describe the features and technologies that make this connection vandal and theft-proof? Narrative R26
Q27 Can individual Station Docks be locked-down if their Bicycle 5 is damaged. It is impossible to rent or remove broken Yes bicycles? The rest of the Station should remain in No operation. Yes/No/NA N/A C27
Q28 Does your system have the capacity for a user to identify a 5 bicycle as needing repair? Narrative R28
Q29 How will your system indicate to users whether the bicycle is 10 available for use or out of service (such as when the system is shut down during an emergency or an individual bicycle has been identified as needing repair)? Narrative R29
Q30 Does your Station have the capacity to self-report 10 mechanical problems for the major components (bicycle, hub, sign, terminal) ? Narrative R30
Q31 How will your station indicate to repair crews where to 5 rebalance and where bicycles needing repair are located? (Example, could the system signal repair crews when terminal are within two bikes of being full/empty?) Narrative R31
Q32 Will you be in compliance with all requirements of the Yes 10 American with Disabilities Act and other requirements of the No municipalities, institutions, and/or private landowners? Yes/No/NA N/A C32
Q33 Will you make a helmet available of each person renting a 5 bicycle? Will you provide low-cost or subsidized helmets to all or selected user groups? Narrative R33
68 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q34 How will your station convey safety information and laws 5 affecting bicyclists? Narrative R34
Q35 Will there be adequate space at each station for a lighted 5 map indicating terminal locations and bicycle routes? Will you have a bike map at all stations? Narrative R35
Q36 5 Yes Can Stations provide a display area for posting City- No approved information? Yes/No/NA N/A C36 Q37 Do you have the capacity to add shelter or covers to stations 5 as requested? Narrative R37
Q38 Will your system have the capacity to add lighting where 5 necessary to facilitate nighttime use of the terminal and adjustment of bicycles, and to reduce vandalism? Narrative R38
Q39 Yes 5 Do your Stations have backlit advertisement on the opposite No side of the station map? Yes/No/NA N/A C39
Q40 Yes 5 Does your Station make available to users wipes or clothes No to clean bicycles? Yes/No/NA N/A C40
Q41 Provide an estimate of the useful life of the Station and 10 each of the Station components (station, terminal, and sign) and potential warranty terms if purchased by the City in the future. Narrative R41
Q42 What design features on your station and station 5 components contribute to the expected useful life (noted above) and ensure durability of the station? Narrative R42
69 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q43 Where/how do you provide clear and prominent instructions 5 at each terminal directing the users who to call in the event of problems (and to prevent calls to right-of-way owners)? Narrative R43
Q44 What is the process for situations in which a user wants to 10 return a bike to a terminal that is full or rent a bike from a terminal that is empty? Narrative R44
Q45 Do your stations have the capacity to add emergency call 5 buttons? Narrative R45
Q46 Explain how your stations can serve some or all of the 5 functions required to accommodate a universal hub, including charging electric hybrids and green wheels, equipping bicycles with green wheels, accepting payment for electric vehicle or scooter rental, expanding station footprint to make room for electric vehicle charges Narrative R46
Q47 Will you expand/contract stations to accommodate large 10 crowds at major events and provide support for up to 15 special events per year? Narrative R47
Q48 Does the manufacture of your Stations comply with the Yes 25 FHWA “Buy America” requirements as set forth in 23 CFR No Part 635.410? Yes/No/NA N/A C48
70 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Terminal/Station Computer System & Yes/ No/ # Operations NA Points Q1 Please describe the Station Computer Unit (SCU) and provide a diagram including all network (internal and 10 external), processing and data storage elements Narrative R1
Q2 Please describe the Station Computer Unit Interface and Station Dock Interface. Please specify the interface style (touch screen, buttons etc.). Does the terminal have a touch-screen? Narrative 10 R2
Q3 Is the physical casing of the SCU built to the same physical specifications as the Stations and is protected against Yes physical interference (credit card slot "jamming", button or No screen tampering etc.)? Yes/No/NA N/A 5 C3
Q4 Please indicate the power requirements of the SCU and how 5 they will be met. Narrative R4
Q5 Yes Can the SCU and Dock Interfaces function in all weather No conditions and temperatures? Yes/No/NA N/A 5 C5
Q6 Yes Are the SCU and Dock Interfaces legible in a night and in No low-light and bright light/direct sunlight conditions? Yes/No/NA N/A 5 C6
Q7 Please indicate how users know which Bicycles are available for use and when a Bicycle has been properly 5 returned. Narrative R7
Q8 What is the process for situations in which a user wants to return a bicycle to a terminal that is full or rent a bicycle from 5 a terminal that is empty? Narrative R8
Q9 Yes No 5 Can the SCU redirect users to other Stations as necessary? Yes/No/NA N/A C9
71 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q10 Can System users use the SCU to notify the System Yes Operator about malfunctioning parts, graffiti or other No 5 necessary repairs? Yes/No/NA N/A C10
Q11 Are there clear and prominent instructions at each terminal 5 directing users who to call in the event of problems? Narrative R11
Q12 Can the SCU accepts subscription registrations and Yes payment with agreement to liability waiver and relays No 5 information to the Central Computer system? Yes/No/NA N/A C12
Q13 Please indicate which types of passes (daily, weekly, annual etc.) can be purchased from the SCU and which must be purchased through some other means (e.g. website, mail, 5 in-person, etc.). Narrative R13
Q14 From the SCU and from the Dock Interface, please explain the sequences of steps a user would take in order to purchase a subscription, sign a waiver, release/return a Bicycle and report a Bicycle as damaged. Please list the number of steps and provide examples of screen 5 shots/diagrams if possible. Narrative R14
Q15 Please describe any "wait-reduction" option you will use (e.g. double-sided SCUs, multiple SCUs at one station, 5 Bicycle check-out from the Dock, etc.). Narrative R15
Q16 Yes Can annual Pass holders check Bicycles out from the Dock No 5 Interface without interacting with the SCU Interface? Yes/No/NA N/A C16
72 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Terminal/Station Computer System & Yes/ No/ # Operations (cont.) NA Points Q17 Is walk-up registration available at all or at designated 5 terminals? Narrative R17
Q18 At what percentage of terminals can one-time users rent 5 bikes with an agreement to a liability waiver? Narrative R18
Q19 At what percentage of terminals can people sign up to become subscribers Narrative 5 R19
Q20 Do the terminals accept major U.S. credit cards and major foreign (non-U.S.) credit cards and/or pin-and-chip credit cards and/or credit cards without a magnetic strip and/or 5 debit cards? Narrative R20
Q21 What percentage of terminals accepts both cash and credit card transactions? Narrative 5 R21
Q22 Will your terminals accept ID cards and Smartcards from approved businesses, the University, as well as bus/light-rail 5 cards and others Narrative R22
Q23 Is there ability for “unbanked” payment options at the terminal Narrative 5 R23
Q24 Yes Is there ability for credit cards to double as membership No 5 cards? Yes/No/NA N/A C24
Q25 Does your terminal have the capacity to be reconfigured to be compatible with pay parking and transit systems (i.e. can they double as terminals that can accept pay parking fees for pay parking spots and transit passes)? Narrative 10
73 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R25
Q26 Does your terminal provide PCI compliant data security, particularly for financial data, user names, and addresses? If your station utilizes wireless internet connections, is it highly 10 reliable and secure with encryption for financial data? Narrative R26
Q27 Does your system automatically confirm that a subscriber's credit card is valid and has sufficient funds to cover charges if the bicycle is not returned, preferably before each bicycle 5 is removed? Narrative R27
Q28 Is there a limit on the number of subscriptions and walk-up rentals that can be purchased by one user or using one 5 credit card and if so, what is the limit? Narrative R28
Q29 What is the withholding requirement (i.e. amount, period) for 5 payments to cover fees and bicycle returns?” Narrative R29
Q30 Does the SCU and Dock Interfaces offer multiple language Yes options (specify languages proposed) and/or internationally No 5 recognizable icons? Yes/No/NA N/A C30 Q31 Yes Does your terminal have the ability to disable walk-up No 5 registration at times? Yes/No/NA N/A C31 Q32 Will you provide flexibility to add features and modify 5 terminal as needed? Narrative R32
74 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Central Computer System NA Points Q1 Please describe and diagram the Central Computer system (CCS) including all network (internal and external), 15 processing and data storage elements. Narrative R1
Q2 Please indicate information will flow between the CCS and the Stations (SCU & Docks) and Bicycles (e.g. secure Wi- 15 Fi, hardwired etc.). Narrative R2
Q3 Please explain how RFID will be used in the System (e.g. Bicycle to Station communications, maintenance tracking 10 etc.) Narrative R3
Q4 10 Please explain how GPS will be used in the System. Narrative R4
Q5 How often will "real-time" information (in minutes) be sent 15 to and from the Stations and CCS? Narrative R5
Q6 How often will "real-time" information (in minutes) be sent from the CCS and the Website (i.e. how frequently will information on the Website, such as Bicycle availability, be 15 updated)? Narrative R6
Q7 How often will "real-time" information (in minutes) be sent from the CCS be sent to the System administrators in a 5 dashboard format? Narrative R7
Q8 Does the Central Computer System receives and saves in a searchable database all records. Maintenance and repair Yes records can be used to track and manage work orders and No 10 purchasing? Yes/No/NA N/A C8
Q9 Can the Central Computer System communicates in real Yes time with Stations and provides real time information to No 15 system administrators and the Website? Yes/No/NA N/A C9
75 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q10 Can the Central computer System remotely lock all Docks Yes and disable all walk-up registrations as needed in case of No 10 emergency? Yes/No/NA N/A C10
Q11 Yes Can the Central Computer system be upgraded and No 5 maintained on a daily basis? Yes/No/NA N/A C11 Q12 Yes No 15 Is all data the property of the City? Yes/No/NA N/A C12
Q13 If wireless internet connections are used, is the system PCI compliant, highly reliable and secure with encryption for 15 financial data? Narrative R13
76 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Database NA Points Q1 Please describe the System's database management system, including search functions and the possibility of using anonymized data for transportation planning 40 purposes. Narrative R1
Q2 Please describe how you will accommodate database maintenance and database back up while meeting proposed "offline" limits. What period would you propose 10 for “off-line” limits? Narrative R2
Q3 Yes Is the database searchable and can provide both No 25 anonymized and non-anonymized reports as necessary? Yes/No/NA N/A C3 Q4 How frequently is the database upgraded and maintained 30 (i.e. daily, monthly) basis? Narrative R4
Q5 Yes Will the Contractor provide reports to the City in No 50 accordance with an agreed upon schedule or on request? Yes/No/NA N/A C5
77 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Website NA Points Q1 Please describe the System Website and its architecture. Please include the approximate number and type of pages 15 and example screenshots if possible. Narrative R1
Q2 Describe any attractive, appealing, state-of-the-art features of your website. Narrative 10 R2
Q3 Does the Website allow current users to access and update Yes their subscription information, resubscribe to the System No and replenish their accounts? Yes/No/NA N/A 10 C3
Q4 Yes Can System users purchase subscriptions and sign the No liability waiver via the website? Yes/No/NA N/A 10 C4
Q5 Will the Contractor at the request of the City, conduct on- going improvements to the website, as needed to accommodate changes, including but not limited to, additional features and increased functionality, changes in Yes website technology, and compatibility with new No applications? Yes/No/NA N/A 10 C5
Q6 Please explain the sequence of steps a user would take in order to purchase a subscription. Please include example 5 screenshots if possible. Narrative R6
Q7 Please explain the sequence of steps a user would take in order to access, renew, or replenish their account. Please 5 provide example screen shots if available. Narrative R7
Q8 Yes Is the website available in multiple languages and at a No 10 minimum, Spanish, on all web pages? Yes/No/NA N/A C8
78 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q9 Will the Website communicate constantly with the Central computer system and does your website have real-time Yes communication with stations to track available bicycles and No open docking/station points ? Yes/No/NA N/A 15 C9
Q10 Does the Website allow users to search for Station locations through a variety of inputs (e.g. user-entered address, intersection or major place names, selecting from 10 an interactive map etc.)? Please list options. Narrative R10
Q11 Is the same Website accessible from desktop computers and hand-held wireless devices such as PDA's, Yes Smartphones, and web-enabled cell phones using No 15 browsers? Flash should not be used. Yes/No/NA N/A C11
Q12 Do you have an “app” for PDA’s, Smartphones, web-enable cell phones that makes available System information? Please describe the features. Narrative 10 R12
Q13 At the City's request, will the Contractor work with an independent "app" developer(s) and/or make available Yes relevant System information (e.g. real time information on No 10 number of Bicycles available at Stations). Yes/No/NA N/A C13
Q14 Do critical functionality use any extensions that are not pre- installed in the vast majority of browsers and any mark up Yes or scripting should function correctly in all widely used No 10 browsers? Yes/No/NA N/A C14
Q15 Does your website provide data security, especially for financial data, user names, and addresses, that is PCI compliant and can you satisfy all minimum specifications of 20 the municipality, institution, and/or private landowner? Narrative R15
Q16 Describe the mechanism by which users can report 10 problems and make suggestions for system improvement? Narrative
79 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R16
Q17 Does your website have the capacity to convey bicycle safety information, laws, and/or warning affecting bicyclists (e.g. safety and "rules of the road" videos, an interactive 5 test required to watch before subscribing)? Narrative R17
Q18 Where will phone contact information be displayed on the 5 website? Narrative R18
Q19 Does your website have the ability to collect survey 10 information and customer satisfaction ratings? Narrative R19
Q20 Will you provide access to all registration and travel data with regular reports broken down by districts provided to 15 the City. Narrative R20
Q21 Describe any personalized customer web pages that provide historical usage information such as miles traveled, calories burned, CO2 saved, etc. Please describe types of 15 information available to users. Narrative R21
80 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/No/ # System Operations & Staff NA Points Q1 Please describe how you will develop, market and operate 25 the System. Narrative R1
Q2 Please describe all relevant prior experience in creating 15 and operating effective Bike share or similar systems. Narrative R2
Q3 Please provide your staffing plans, schedules and descriptions, necessary for all aspects of the System, 20 including development, marketing and operations. Narrative R3
Q4 Will the Contractor have a robust program that ensures the Yes highest customer satisfaction rating and allows the No Contractor to address problems immediately? Yes/No/NA N/A 20 C4
Q5 Please describe all plans to partner with local youth organizations (technical colleges and high-schools, job- training facilities etc.) to provide job training associated with 10 Bike share operations. Narrative R5
Q6 Please describe how you will partner with local companies and distributors for the provision of materials and equipment related to the System and for System 25 installation and staffing. Narrative R6
Q7 Will the Contractor develop, operate and maintain all Yes aspects of the System at agreed upon levels throughout No 20 the term of the anticipated contract? Yes/No/NA N/A C7
Q8 Yes Will the Contractor hire and train adequate staff to support No 25 the Bike share System? Yes/No/NA N/A C8
81 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q9 Will the Contractor provide all agreed upon management data to the City immediately upon request? Will the Contractor provide all information, including financial records and payment invoices, and all systems and Yes facilities subject to the City's inspection immediately upon No 15 request? Yes/No/NA N/A C9
Q10 Yes At the City's request, will the Contractor coordinate with No 15 City agencies and utility companies as necessary? Yes/No/NA N/A C10
Q11 Describe the system by which your company or organization can provide immediate aid to users with 20 mechanical issues and/or injuries? Narrative R11
Q12 Please describe your customer services and discuss how you will accommodate and/or work with the City's current services. Narrative 20 R12
Q13 Describe how your customer service program will be able to immediately address problems and maintain a high level 10 of customer satisfaction. Narrative R13
Q14 Is Customer service available 24/7 preferably, or otherwise 10 at all hours that rental system is operating? Narrative R14
Q15 Describe your staffing cycle and how it will both match demand cycle for bike rentals and ensure a maximum wait 20 time on phone of one minute. Narrative R15
82 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Maintenance NA Points Q1 Please outline your Maintenance Plans and provide a schedule for routine maintenance, cleaning and 45 replacement of Bicycles and Stations. Narrative R1
Q2 Please describe all relevant prior experience in creating 15 and implementing effective maintenance and repair plans. Narrative R2
Q3 Please provide documentation of a set of maintenance standards for the station and components (hub, terminal, bicycles and sign), as well as an audit procedure for these standards. Examples include: (1) Inspecting drive chain for proper functioning and lubrication; (2) Inspecting handlebars for proper centering and tightness; (3) Inspecting tires for proper inflation; (4) Inspecting brakes for excessive wear and ensure proper working order (5) Inspecting saddle for proper tightness; (6) Inspecting shifters for proper functioning; (7) Inspecting lights for proper functioning; (8) Ensuring components such as the basket, bell, and advertisement are properly attached; (9) 45 Ensuring that the bicycle is clean, attractive to use Narrative R3
Q4 Please describe all metrics, diagnostics and notification systems that will be used to determine when and where unexpected Bicycle and Station maintenance and cleaning 20 is required. Narrative R4
Q5 Please list all repairs and maintenance that can be made "in the Field" at the Station (e.g. checking/adjusting tire 10 pressure, sticker/graffiti removal etc.) Narrative R5
Q6 Please explain how you will manage and coordinate Bicycle repair, tracking and repossession of Bicycles that are not returned within 24 hours, and responding to service 15 and maintenance alerts. Narrative
83 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R6
Q7 Subject to approval by the City, will the contractor develop and abide by Maintenance Plans(s) to maintain System Yes Bicycles, Stations and Station Computer Units in a state of No 45 good repair? Yes/No/NA N/A C7
Q8 Yes Maintenance teams will record all maintenance visits, No 20 cleaning and repairs using RFID or similar technology. Yes/No/NA N/A C8
Q9 Yes The Contractor is responsible for locating and retrieving No 15 Bicycles that are not returned within 24 hours. Yes/No/NA N/A C9
Q10 At the request of the City, Maintenance Plan(s) may be Yes altered at any time to ensure the adequate maintenance of No 40 all System equipment. Yes/No/NA N/A C10
Q11 Will you assume responsibility for street sweeping, refuse collection, and clean-up at all on and off street locations in Yes accordance with the service levels and schedules of the No City? Yes/No/NA N/A 40 C11
Q12 What will your turnaround time be to replace and/or repair 20 items needed service? Narrative R12
Q13 What percent of bicycles are assumed out of commission at any time? Narrative 20 R13
84 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ Comments/ # Maintenance (cont.) NA Points Explanation Q14 If you have an existing system, what percentage of stations 30 would be out-of-commission at a given time? Narrative R14
Q15 What ratio of "spare" bicycle to in-service bicycles do you have available to put into the system to replace bikes taken 15 out for maintenance or repair or that are missing or stolen? Narrative R15
Q18 Yes Will the Contractor expedite repair and/or replacement of No 25 all items needing such services? Yes/No/NA N/A C18
Q19 Yes Contractor assumes responsibility for all costs, repairs, and No 30 replacement for damages to stations, hubs, bicycles, etc. Yes/No/NA N/A C19
85 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Fleet Redistribution NA Points Q1 Please outline your Fleet Redistribution Plans that shows a clear understanding of rebalancing issues and ensures a balanced system with minimal likelihood that customers 65 encounter empty or full stations and provide a schedule. Narrative R1
Q2 Please describe all relevant prior experience in creating and implementing effective fleet redistribution plans for Bike 30 share or similar systems. Narrative R2
Q3 Please estimate the number of Bicycles that would need to 15 be redistributed daily. Narrative R3
Q4 Do you use environmentally friendly vehicles for redistribution? Will you use Green redistribution vehicles that are at least as environmentally friendly as California standard highly efficient diesel engines? If so, what kind of 10 vehicle will be used? Narrative R4
Q5 Do you have a dynamic pricing structure and/or other mechanisms to encourage natural system-wide balancing thereby minimizing the need for rebalancing? Narrative 10 R5
Q6 How many vehicles will your maintenance/rebalancing crew 45 use? Narrative R6
Q7 10 How many bicycle fit in each vehicle? Narrative R7
Q8 What percent of all trips do you estimate will require 15 rebalancing assistance? Narrative R8
Q9 How many vehicles and employees will be available for 50 rebalancing during peak demand hours for rebalancing? Narrative
86 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R9
Q10 What is the ratio of rebalancing employees to bicycles 20 requiring rebalancing services? Narrative R10
Q11 10 What stations will have the most demand for rebalancing? Narrative R11
Q12 What times of day/week/year will have the highest demand 25 for rebalancing? Narrative R12
Q13 Yes The contractor will develop and abide by a "Bicycle No 60 Relocation Plan," subject to the City's approval. Yes/No/NA N/A C13
Q14 At the request of the City, this plan may be altered at any Yes time to ensure the smooth redistribution of Bicycles No 60 throughout the system. Yes/No/NA N/A C14
87 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Yes/ No/ # Facilities NA Points Q1 Please provide an itemized list of your facilities requirements (e.g. number, type and approximate square 20 footage required). Narrative R1
Q2 How many facilities will you have for warehousing, customer service, operations, and manufacturing? Narrative 10 R2
Q3 Have you identified a location(s) for your buildings(s) at this time? Narrative 5 R3
Q4 Are you willing to headquarter U.S. operations, manufacturing, warehousing, and/or customer service center locally (in City)? Narrative 15 R4
Q5 Please provide an itemized list of all vehicles required by 10 the System. Narrative R5
Q6 The contractor shall secure adequate space to house any and all staff that operates in support of the Bike Sharing Yes System. This space should be within a 16 mile radius of No 15 System. Yes/No/NA N/A C6
Q7 Yes The contractor will locate and procure/rent all necessary No 20 repair facilities and equipment. Yes/No/NA N/A C7
Q8 Yes The City shall have immediate full and free access to all No 15 facilities upon request. Yes/No/NA N/A C8
88 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
# Yes/ Promotions/Marketing No/ NA Points Q1 Please describe the proposed System Promotion Plan(s). Narrative Promotions should be beginning before the go-live date and should include community outreach for the System and creation and presentation of materials related to that 25 outreach. R1
Q2 Please describe all relevant prior experience in creating Narrative and implementing effective marketing plans and your 20 plans and proposed strategy for marketing the System. R2
Q3 Please describe all relevant prior experience and your Narrative plans and proposed strategy for soliciting sponsorships for 25 or related to the System. R3
Q4 Please identify all 3rd parties involved in Promotions in Narrative 10 service of the System. R4
Q5 Please describe your proposed media strategy and media Narrative type(s) both for before the System opens and while the 15 System is operational. R5
Q6 Please describe how you will encourage System users to Narrative 10 abide by City and State traffic regulations. R6
Q7 Subject to approval by the City, the contractor shall Yes/No/NA Yes develop and abide by a complete Promotion Plan(s) to No disseminate information about the System. At the request N/A 20 of the City, this plan may be altered at any time. C7
Q8 At the direction of the City, the Contractor will develop, Yes/No/NA Yes assist and conduct all pre-launch programming, No promotions, and communications, including presentations N/A 25 to Community Boards and other groups. C8
89 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q9 The Contractor will distribute all System subscriptions, Yes/No/NA Yes materials including but not limited to annual passes and No 25 subscription packets. N/A C9 Q10 The Contractor will respond to press inquiries at the Yes/No/NA Yes direction of the City. No 20 N/A C10 Q11 All System promotions and communications guidelines Yes/No/NA Yes shall be approved by the City. No 20 N/A C12
Q12 In addition to materials directly related to the System, the Yes/No/NA Yes Contractor will disseminate City-approved bicycle safety No 10 information at the City's request. N/A C12
Q13 Please describe your company's public emergency Narrative 15 response to a fatality or serious injury. R13
Q14 Please describe your marketing team and/or associated Narrative PR firm and your approach to generating significant free and paid publicity on local and national television, radio, 15 print, Internet, and other outlets.
R14
Q15 Will you have the ability to create and manage social Narrative media accounts, to keep members abreast of day-to-day operations and special communications? 15
R15
Q16 Please describe your pre-launch and ongoing PR and Narrative marketing plan and any modern themes. Explain how this plan will generate enthusiasm prior to system launch and if it has ongoing elements, with a modern theme? 25 R16
Q17 Will you provide a monthly report to the City analyzing Narrative system operations including information such as usage statistics, origin/destination, new subscribers, etc.? If so, 25 what information will you include? R17
90 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q18 Please describe your business plan as it pertains to Narrative advertising. Please include the following: (1) Location request including dimensions; (2) Location details such as property owner type (i.e. City, institution, private landowner), property owner (i.e. City, University, Hospital), space type (residential parking space, metered parking 25 space, sidewalk, parking garage, other.). R18
Q19 Will you have the commitment to conduct semi-annual Narrative market research to collect demographic data of users, usage, characteristics, and feedback on the customer 15 service? R19
Q20 Will you have a stated financial commitment to marketing? Narrative 20
R20
91 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
# Yes/ Performance Metric No/ NA Points Q1 Overall System Functionality – Weekly - Combined total Narrative minutes that all Stations are out of commission per week. (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the associated 35 defined dollar value for each of the ranges, ) R1
Q2 Stations are neither full nor empty for a period longer than Narrative three hours. – Daily – (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with 35 the associated defined dollar value for each of the ranges, ) R2
Q3 Bicycles in service - Percentage of Bicycles in service – Narrative Daily - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 15 associated defined dollar value for each of the ranges, ) R3
Q4 A maximum of 1% of the system's bicycles are stolen per Yes/No/NA Yes year. No 10 N/A C4
Q5 95% of calls to the Call Center are answered within 30 Yes/No/NA Yes seconds and no more than 5% of calls are dropped. No 15 N/A C5 Q6 95% of emails are answered within 24 hours. Yes/No/NA Yes No 15 N/A C6
Q7 Station cleanliness - Percentage of Stations that are clean Narrative –Weekly -(Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 15 associated defined dollar value for each of the ranges, ) R7
92 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q8 Bicycle cleanliness - Percentage of Bicycles that are clean Narrative – Weekly - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 15 associated defined dollar value for each of the ranges, ) R8
Q9 Bicycle routine maintenance inspection – Monthly - (Offeror Narrative provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined 25 dollar value for each of the ranges, ) R9
Q10 Graffiti/vandalism is removed/rectified - Hours - (Offeror Narrative provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined 25 dollar value for each of the ranges, ) R10
Q11 Bicycle Distribution - Bicycle/Dock ratio or other method to Narrative be decided by Offeror. Daily - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined dollar value for each 25 of the ranges) R11
Q12 Station Removal and Site Refurbishment Upon City Narrative Request- Days - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 15 associated defined dollar value for each of the ranges, ) R12
Q13 Immediate Station Site Physical Condition Maintenance Narrative Reports to City – Days - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined dollar value for each 25 of the ranges, ) R13
Q14 Website in Service - Percentage of time that the Website is Narrative in service.-Weekly- (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with 25 the associated defined dollar value for each of the ranges, ) R14
Q15 Central Computer System in Service - Percentage of time Narrative that the Central Computer System will be in service - including during database maintenance. Weekly (Offeror 25
93 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined dollar value for each of the ranges, ) R15
Q16 Financial/Use and Maintenance Reports to City - Narrative Timeliness of reports. – Weekly - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined dollar value for each of the ranges, ) 25 R16
Q17 Stations in Service - Percentage of Stations in service – Narrative Daily - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the associated defined dollar value for each of the ranges, ) 25 R17
Q18 Central Computer System Accuracy - Percentage of Narrative Bicycles located where system reports them to be located. – Daily - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 20 associated defined dollar value for each of the ranges, ) . R18
Q19 Refurbishment of the system's bicycles (e.g. paint, logo, Narrative sticker removal) so that they appear new and attractive.- Annual - - (Offeror provides Threshold Service Level as well as ranges of deficient service thresholds with the 20 associated defined dollar value for each of the ranges, ) . R19
Do you have a web-based dashboard and data portal that generates the following reports (minimum); Q1 Station Availability - Daily - Instances of full/empty stations Yes/No/NA Yes by 15 minute increments; No 10 N/A C1 Q2 Station Deployment - Daily - Number of stations deployed; Yes/No/NA Yes No 5 N/A C2 Q3 Bicycle Availability - Daily - number of bicycles deployed for Yes/No/NA Yes revenue service; No 5 N/A C3
Q4 Customer Service Call Data - number of calls and average Yes/No/NA Yes call duration per day; No 5 N/A
94 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) C4 Q5 Calls Dropped - Daily - number and percentage of calls Yes/No/NA Yes dropped; No 5 N/A C5
Q6 Call Center Responsiveness - Daily - percentage of calls Yes/No/NA Yes answered in less than 30 seconds; No 5 N/A C6
Q7 Emails - Daily - number of emails received and percentage Yes/No/NA Yes responded to within 24 hours; No 5 N/A C7
Q8 Ridership by Member Type - Daily - report the number of Yes/No/NA Yes rentals and trips by day; No 10 N/A C8 Q9 Trip Duration - Daily - Trip duration by user class in 30 Yes/No/NA Yes minute increments; No 5 N/A C9 Q10 Miles Traveled - Monthly - total miles traveled by user Yes/No/NA Yes class; No 5 N/A C10 Q11 Station Performance - Weekly - Rentals and returns by Yes/No/NA Yes station; No 5 N/A C11
Q12 Annual Members - monthly - Weekly - three Day - New and Yes/No/NA Yes cumulative members; No 10 N/A C12 Q13 Casual Users - Daily - New and cumulative members. Yes/No/NA Yes No N/A 10 C13
95 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT E: BUSINESS MODEL
1. Financial Budget
Offers must provide the following estimated operating budget, costs, funding sources, operating revenue, and pricing structure for each of a 5 year period including the start-up cost. This should be provided in the format provided below. For each estimation, provide the assumptions used for determining the forecasted cost and revenue information. This budget, revenue, cost and other financial information should include
Estimated Operating Budget Including All Operating Costs and Revenues Over a Five (5) Year Period . Includes a line break down of all operating costs and revenues
Estimated Capital Costs , including but not limited to start-up, upgrades, replacement, of the proposed System. Include a line item breakdown for each capital costs including, but not limited to, equipment manufacture and purchase, installation, website development etc.
Estimated Capital Funding Sources and Value s that are intended to be used in the development and installation of the proposed System. Include a line item break down of all capital funding sources including but not limited to sponsorship placement, grants, loans etc.
Estimated Operating Revenue Sources and Values that are intended to be used in the operation of the proposed System. Include a line item break down of all operating funding sources including but not limited to membership and user fees, sponsorship placement, advertising, grants, etc
Estimated Profit Margin Sources and Values including the level(s) and percentages(s) of revenue to be shared, if any, with the City.
Year 1 - Start-up costs: Dollar Amount Variable Cost Items: 1. Bicycles 2. Stations 3. Installations Fixed Costs: 4. System Start-up 5. IT Infrastructure 6. Call Center Set-up 7. Website Development 8. Other (itemize) Total Capital Costs
96 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Request for Proposed Capital Costs and Revenues requested for Year 1, Year 2, Year 3, Year 4, and Year 5 a Bicycle System (broken out per year)
Operating Costs $
1. Bicycle Redistribution 2. Customer Support (including call center) 3. Website Maintenance and Hosting Services 4. Station Relocations 5. Other (itemize) Maintenance Costs 6. Bicycle Maintenance 7. Station Maintenance 8. Facility Rental/lease (repair facility) 9. IT Systems and Hardware Maintenance (including website) 10. Maintenance Staff 11. Other (itemize) General & Administration Costs 12. Insurance 13. Office Lease 14. Office Administration (all expenses, except staff expense & office lease) 15. Marketing and Promotions 16. General & Administrative Staff 17. Other (itemize) TOTAL Operations, Maintenance, and General & Administrative Costs Operating Revenues 1. Annual Subscriptions 2. Rental Fees 3. Daily Passes 4. 3-Day Passes 5. Weekly Passes 6. Monthly Passes 7. Corporate Passes 8. Institutional Passes 9. Sponsorship 10. Advertising 11. Other (itemize) TOTAL Operating Revenues TOTAL Operating Cash Flow Surplus (Shortfall)
2. Business Model Criteria
97 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Yes/ Business Model Criteria No/ NA Q1 Yes/No/NA Yes The Contractor anticipates that the proposed System will generate No revenues to cover its operating costs. N/A C1 Q2 Do you have the ability to guarantee operation of the system for the Yes/No/NA Yes contract period? No N/A
C2 Q3 Do you have a pricing system that allows each municipality, institution, Yes/No/NA Yes and/or private landowner to determine the cost (or revenue) that it No would pay (or gain) from the purchase of a station or adoption into the N/A system? C3
Q4 What is your proposed pricing structure for membership fees (e.g. Narrative annual, weekly, daily etc.) and trip fees (e.g. 30 min.,60 min, 90 min. etc.) R4
Q5 Would you guarantee that a pricing structure resulting from this RFP Yes/No/NA Yes and contracts negotiated under the terms of this RFP will contain the No best prices offered to any municipality, institution, or private N/A landowner? C5
Q6 Yes/No/NA Yes Does your pricing structure favor short trips (for example, 30 minutes No free, with increasing charges thereafter)? N/A C6 Q7 Yes/No/NA Yes No Do you charge a subscriber fee of less than $100? N/A C7
Q8 Would you guarantee that in addition to any contract existing between Yes/No/NA the vendor and landowner to locate a station on a landowner's property, landowners that wish to have located on their properties a Yes station that is linked into and/or compatible with the network and No system provided, pursuant to the terms of this RFP, must contract N/A directly with the City to participate? C8 Q9 Please describe how your financial system allows any municipality, Narrative institution, or private landowner the ability to determine the cost (or revenue) it would pay (or receive) from adding a station or participating in the system?
98 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R9
Q10 Do you guarantee that prices provided as part of a contract resulting Yes/No/NA Yes from winning this RFP will be the best prices offered to any No municipality, institution, and/or private landowner in the Region? N/A
C10
Q11 Describe your firm's experience launching a multi-jurisdictional bike Narrative share program. R11
Q12 Describe advantages/disadvantages of launching a multi-jurisdictional Narrative bike share program. R12
Q13 Describe advantages/disadvantages of launching a phased bike share Narrative program, one jurisdiction at a time. R13
Q14 All bicycles must be compatible with docks in either city. Yes/No/NA Yes No N/A C14
Q15 Provide examples of contract language that has been used to Narrative successfully address multi-jurisdictional expansion of the Bike Sharing Program. R15
Q16 There is a good possibility that one or two neighboring jurisdictions will Narrative seek to procure bikeshare equipment through the specifications of this RFP. Describe advantages/disadvantages of a multi- jurisdictional launch with different funding sources. (i.e. The City of Phoenix seeks a fully sponsored bikeshare program and nearby City X plans to sponsor bikeshare within their boundaries.) R16
99 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) Q17 Do you guarantee that in addition to any contract existing between the Yes/No/NA vendor and landowner to locate a station on a landowner's property, landowners that wish to have located on their properties a station that is linked into and/or compatible with the network and system provided, Yes pursuant to the terms of this RFP must contract directly with the City to No participate? N/A
C17
Q18 Identify any regions within the Greater Phoenix area in which the Narrative operator can provide the bikesharing system at no cost to the municipality, institution or private landowner. R18
Q19 Narrative What percentage of your annual revenue is derived from advertising? R19
Q20 Will you identify, coordinate, and oversee solicitation of all the Narrative following revenue sources: Sponsorships, Advertisements, Grants, Others (please describe)? R20
Q21 Does your financial model provide a single financial structure for Yes/No/NA Yes station start-up, applicable to all municipalities, institutions, and/or No private landowners, which is constant, predictable, and transparent, N/A based on a clearly stated algorithm? C21
Q22 Does your financial model provide a single profit-sharing pricing Yes/No/NA structure for ongoing operations, applicable to all municipalities, Yes institutions, and/or private landowner based on the percentage of trips No originating or terminating at a station as a percentage of total trips N/A taken in the system? C22
Q23 Yes/No/NA Yes No Does your financial system have the flexibility to accommodate N/A differing needs of municipalities and institutions? C23 Q24 Narrative What will be your financial commitment to marketing? R24 Q25 Describe your involvement with obtaining sponsorships and provide Narrative examples with respect to this involvement with sponsorships with other Cities.
100 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) R25 Q26 Have you taken a lead to solicit sponsorship for a City bikeshare Narrative program. R26 Q27 What assistance would you provide in the process of obtaining Narrative sponsorships for the City’s Bikeshare Program R27 Q28 Would you attend meetings to discuss a bike sharing program with Narrative prospective sponsors? R28 Q29 Describe your policy for starting the implementation of system (i.e. Narrative procurement of Bikes/Stations, staffing, marketing, etc.) with respect to obtaining sponsorship funding. For example, would you begin the implementation prior to signed sponsorship agreements and/or securing full funding of the system? R29 Q30 How would you expedite the implementation of the program during the Narrative period when sponsorship is being sought for the system? R30 Q31 Discuss methods and practices you have deployed to expedite Narrative launching the system. R31
3. System Component Cost/Program Buyout Information (2014-2018)
System Component Costs 2014 2015 2016 2017 2018 1 Kiosk (w/CPU and Program) $ $ $ $ $ 2 Solar Kit $ $ $ $ $ 3 Dock/Station (per Dock) $ $ $ $ $ 4 Base Non-Bolted Solar $ $ $ $ $ 5 Base Bolted $ $ $ $ $ 6 Map/Ad Module $ $ $ $ $ 7 Bikes (w/RFID Reader & GPS) $ $ $ $ $ 8 Canopy $ $ $ $ $ 9 Station Lighting $ $ $ $ $ 10 Other System Components $ $ $ $ $
System Buyout 2014 2015 2016 2017 2018 1 System Buyout $ $ $ $ $
101 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 4. Implementation Schedule
Please discuss the timeline of critical tasks and how the Offeror intends to implement the system from planning and marketing to testing and launching the system. This should include the milestone dates from contract signing through delivery, installation, and system launch. At the minimum, the milestone dates shall include the following:
Milestones Schedule 1. Initial Development of Promotion/Marketing Plans 2. Final Development of Promotion/Marketing Plans 3. Beginning date of evaluation for System Area and Station/Bicycle Locations 4. Final date of evaluation for Station/Bicycle Locations 5. Initial Development of Public Outreach Plan 6. Final Development of Public Outreach Plan 7. Begin Public Outreach 8. Initial Development of Station Siting Plans 9. Final Development of Station Siting Plans 10. Web Development/Testing 11. Procurement of Bicycles/Stations 12. Hiring Core Launch Team 13. Lease & Build out HQ 14. Hiring & training of launch team 15. Receiving equipment (Bikes, Stations, etc.) 16. Assembly & Installations Stations/Bicycles 17. Distribution Stations/Stations Locations 18. Software Development 19. Software Deployment in Central Computer System and Kiosks 20. Knowledge Transfer (Training Staff) 21. Initial & Final Development of Maintenance and Cleaning Plan 22. Fully Operational Website 23. I mplementation of Fleet Distribution Plan (staffing & fleet assembled) 24. Beta Testing and Slow Launch 25. Full Public Launch of Phase 1 System
102 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT F: CHECKLIST
(For Offeror’s Use Only)
Cover page
Signed Letter of Transmittal
Statement of Qualifications
Signed Addendums
Table of Contents
Proposal), including:
o Technical specifications and Performance Metrics (separate sealed envelope)
o Business Model (separate sealed envelope)
Product Brochures (Optional - included as an appendix, excluded from previous page limitations )
Submitted Material: One original + ten copies = total of eleven (11)
If any of the required items are missing or exceed the page limitations specified, the Proposal will be deemed non-responsive.
103 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT G: POINTS OF INTEREST NEAR METRO LIGHT RAIL STATIONS
The following points of interest are marked on the map provided on the website “Maps of Phoenix Metro Light Rail stations – Points of Interest” (http://phoenix.about.com/library/blmaplightrail01.htm)
Shopping/Dining Christown Spectrum Mall, Phoenix Roosevelt Row, Phoenix Arizona Center, Phoenix CityScape, Phoenix
Stadiums/Sports US Airways Center, Phoenix Chase Field, Phoenix Phoenix Municipal Stadium, Phoenix
Parks/Gardens Steele Indian School Park, Phoenix Margaret T. Hance Park (Deck Park) Japanese Friendship Garden, Phoenix Historic Heritage Square, Phoenix
Museums/Culture Phoenix Art Museum, Phoenix Heard Museum, Phoenix Irish Cultural Center, Phoenix Phoenix Police Museum, Phoenix Wells Fargo Museum, Phoenix Children's Museum of Phoenix, Phoenix Arizona Science Center, Phoenix Pueblo Grande Museum and Archaeological Park, Phoenix
Theatre/Music/Entertainment Arizona State Fairgrounds/Veterans Memorial Coliseum Great Arizona Puppet Theater, Phoenix Stand Up Live Comedy Club Phoenix Theatre, Phoenix Phoenix Symphony Hall, Phoenix Herberger Theater, Phoenix Orpheum Theatre, Phoenix Comerica Theatre, Phoenix
104 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1)
Hospitals St. Josephs Hospital and Medical Center, Phoenix Banner Good Samaritan Medical Center, Phoenix Arizona State Hospital, Phoenix ASU Downtown Phoenix Campus, Phoenix
Other Burton Barr Central Library, Phoenix Phoenix Main Post Office, Phoenix Maricopa County Superior Court - Central Court Building, Phoenix Phoenix Convention Center, Phoenix Park 'n' Swap, Phoenix Sky Harbor Airport Shuttle, Phoenix
105 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ATTACHMENT H: BIKE SHARE LOCATION SUGGESTIONS FROM PUBLIC
The City of Phoenix has sought input from the public concerning their desired bike sharing facilities along the Metro light rail. This website has been posted since December, 2012 and can be found at http://www.myplanphx.com/bike-share- program . The following suggested locations by the public are listed by popularity and then by ZIP code.
The attached spreadsheets provides an “Add Support” column that signifies the number of users that support the given location for a bike sharing stations. These locations are provided to indicate initial public input using a website and include the following:
149 locations are suggested by four people. 53 locations are suggested by seven people. 202 total locations suggest by eleven people.
Disclaimer: These locations have not been evaluated and/or endorsed by City of Phoenix. Some comments may be inaccurate and should only be repeated after verification All bike share locations suggested by the contractor will be subject to full review and approval by the City of Phoenix Street Transportation Department.
106 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) ID Idea Title Idea Summary Add'l Support Address ZIP 36388 Central and Roosevelt In and around this intersection is the Roosevelt Arts District, Burton Barr 7 1001-1043 North 1st Avenue 85003 Central Library, Portland Place Park, Margaret T. Hance Park, and significant residential and retail along W. Roosevelt. 36501 Civic Space Park Civic Space Park 7 444 North Central Avenue 85004 36397 Phoenix Art Museum With several museums in the vicinity; the Arizona Opera opening up soon; 7 21-41 East Coronado Road 85004 nice, tree-lined residential neighborhoods to ride around, retail along McDowell, and a close-by light rail station, this area might be a good location for a bike share kiosk. 36495 The Heard Museum The Heard Museum 6 22 East Monte Vista Road 85004 36496 Burton Barr Library Burton Barr Library 6 1217 North Central Avenue 85004 36499 Angel's Trumpet Ale House/Film Bar area Angel's Trumpet Ale House/Film Bar area 6 810 North 2nd Street 85004 36504 ASU Downtown Campus ASU Downtown Campus 6 1-99 East Taylor Street 85004 36396 Oasis on Grand The intersection of Roosevelt, Grand, and 15th Avenue is key to the 6 1515 Grand Avenue 85007 continuing revitalization of the Lower Grand Avenue Arts and Small Business District. The Oasis on Grand artist live/work space might be a good location for a bike share kiosk (linking a similar kiosk at Central and Roosevelt). 36515 PHX Zoo PHX Zoo 6 455 North Galvin Parkway 85008 36517 Papago Park Papago Park 6 Nature Trail 85008 36490 Near the restaurant complex of Windsor, Near the restaurant complex of Windsor, Postinos, Churn, and Federal. 6 5202 North Central Avenue 85013 Postinos, Churn, and Federal. 36493 Clarendon Hotel Clarendon Hotel 6 3738 North 4th Avenue 85013 36391 CO+HOOTS (1027 E. Washington) Business, government, and civic leaders are encouraging "incubator" spaces 6 1027 East Washington Street 85034 along East Washington St. CO+HOOTS, which just recently moved to the area, is an important hub in making the concept work. A small bike share kiosk should be considered there. 36503 Crescent Ballroom Crescent Ballroom 5 202 West Van Buren Street 85003 36497 Margaret T Hance Park Margaret T Hance Park 5 Papago Freeway 85004 36500 Food Trucks/Farmers Market/Restaurant Food Trucks/Farmers Market/Restaurant 5 14 East Pierce Street 85004 36506 Convention Center/Symphony Hall Convention Center/Symphony Hall 5 301-399 East Monroe Street 85004 36507 Heritage Square Heritage Square 5 98-2 North 6th Street 85004 36508 CityScape 2 CityScape 2 5 75-99 West Washington Street 85004 36513 SEED SPOT SEED SPOT 5 605 East Grant Street 85004 36387 Central and Van Buren In and around this intersection you have Central Station, Civic Space Park, 5 300 North Central Avenue 85004 ASU Downtown Campus, and several significant office buildings and hotels
107 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36494 Encanto Park Encanto Park 5 1100-1158 West Encanto 85007 Boulevard 36014 A bike share location would be great here Lot's of people from St. Joseph's Hospital would use it 5 101-311 West Catalina Drive 85013 36492 Melrose District Melrose District 5 4306 North 7th Avenue 85013 36521 7th Avenue and McDowell That corner is hopping! There are a lot of restaurants, the Metropolitan Art 5 700 West McDowell Road Institute is nearby and it's heavily residential and in an historic neighborhood.. Plus it's right near the 3rd and 5th Avenue bike lanes.
36502 The Y@ASU The Y@ASU 4 352 North 1st Avenue 85003 36390 Washington and First Avenue In and around this light rail station is CityScape, Phoenix City Hall, 4 98 South 1st Avenue 85003 numerous Maricopa County offices, and other significant office and retail.
36423 Roosevelt and Central The second highest use stop in the system [after the end points] jumps off 4 85003 into one of the largest apartment complexes in the area, 60 locally owned cafes, bistros, music clubs, restaurants, galleries, multiple City parks, museums, colleges, universities and the Roosevelt Row arts district.
36512 The Duce The Duce 4 6 East Lincoln Street 85004 36389 Jefferson and Third Street In and around this light rail station is US Airways Center, Chase Field, 4 200-220 South 3rd Street 85004 Phoenix Convention Center, several hotels, and significant office and retail.
39688 Bioscience High School High School 4 East Pierce Street 85004 36013 7th Street and Oak or Sheridan here please 4 700-798 East Oak Street 85004 36509 CityScape 1 CityScape 1 4 2 East Jefferson Street 85005 36394 Washington and 44th Street In and around this light rail station is Phoenix Sky Harbor Airport, several 4 85008 hotels, Pueblo Grande Museum... and a bit farther the Phoenix Municipal Stadium, Tovrea Castle, Phoenix Zoo, Desert Botanical Garden, and Papago Park. 36395 Gateway Community College A bike share kiosk to benefit Gateway Community College students and 4 3901 East Van Buren Street 85008 faculty, close to a light rail station and destinations east and west along light rail. 36491 Central Ave and Camelback Park and Ride Central Ave and Camelback Park and Ride 4 125 West Camelback Road 85013 36659 Christown Spectrum Mall There's already a well utilized transit center and park & ride at this location. 4 5715 North 19th Avenue 85015 A bike share would be a valuable addition. 37072 The Biltmore We can't ignore the Biltmore and it's growth, and having people experience 4 2410 East Camelback Road 85016 Union would be a great experience.
108 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36410 Nina Mason Pulliam Rio Salado Audubon All the excellent work that's gone into reclaiming the industrial area into a 4 3131 South Central Avenue 85040 Center nature preserve should be celebrated and enhanced by encouraging more and more people to visit and experience the area.
36378 7th Avenue and Osborn: St. Joseph's Hospital A bike share here would be extremely useful for staff and visitors of St. 4 701-747 West Osborn Road and Phoenix College Joseph's Hospital and Osborn Medical Center and students and staff at Phoenix College (with about 13,000 students). The Osborn Education Center is here as well. This area is also heavily residential with several apartment and condo complexes and many homes. There's also a Safeway and Basha's on that corner and a Fresh and Easy nearby to make it convenient to pick up a few items on the way home. This location is convenient to the 5th Avenue and 3rd Avenue bike lanes and since Osborn doesn't have a bus line running along it and traffic is lighter, this is the perfect place for a road diet. Adding a bike lane here to safely get to and from Central and the light rail would be an excellent idea.
37107 20th Street and Camelback: Town and Country This location is near existing bike routes and would be greatly used for 4 4838-4898 North 20th Street shopping, restaurants and its fitness club. 37903 Roosevelt Square Apartment Complex Large apartment houses should have bike sharing kiosks 3 107 West Portland Street 85003 36498 Roosevelt Row ART Lot Roosevelt Row ART Lot 3 414 East Roosevelt Street 85004 36505 AZ Center AZ Center 3 400 East Van Buren Street 85004 36511 Chase Field Chase Field 3 401-459 East Jefferson Street 85004 39174 1st Street and Taylor: ASU Dorms The perfect place for bike sharing! 3 518 North 2nd Street 85004 36645 12th Street and Oak: Coronado Historic District This kiosk would be right in the middle of the Coronado Historic District, 3 1198 East Oak Street 85006 which is a great place for a bike ride and has a nice park with a pool. it's also near many bike routes which would benefit residents to go to and from the light rail, the nearby Museum District and Burton Barr Library. This is also convenient to 16th Street as well as McDowell. A location right near Tuck Shop and Astor House would be perfect and would be a destination people would bike to.
37748 Bragg's Pie Factory Half a dozen creatives' studios, several art galleries and now a restaurant 3 1301 Grand Avenue 85007 within 1/2 block of this corner. Good place for a kiosk. 37713 7th Avenue at Grand/Van Buren Near Grand Arts District, government buildings, O.S. Stapley Hardware 3 239-299 North 7th Avenue 85007 adaptive reuse buildings, Legend City Studios and Historic First Presbyterian
109 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36622 Grand Canal trail Where Roosevelt Street is obliterated by the 202 Freeway is also where the 3 Grand Canal Trail 85008 Grand Canal Trail passes by Creighton New School - a great place to start exploring the canal and the neighborhoods surrounding it
36424 Grand Canal and Central Ave Near Campbell Ave stop, between two high schools, on the northern tip of 3 North Central Avenue 85012 Steele Indian School Park, this bike share location allows you to explore the grand canal both east and west of Central Ave, Central Ave north and south of the Canal - the fabled bridle path, the restaurant row emerging north of Camelback, the midtown business district, Melrose District etc.
36514 East Lake Park East Lake Park 3 205 South 15th Street 85034 36375 7th Avenue and Osborn - St. Joseph's and A bike share here would be a great way for staff and visitors of St. Joseph's 3 North 7th Avenue Phoenix College Hospital and students and staff at Phoenix College to commute to the light rail. This area is also heavily residential with several apartment and condo complexes.There's also a Safeway and Basha's on that corner to make it convenient to pick up a few items on the way home. Since Osborn doesn't have a bus line running along it and traffic is lighter, this is the perfect place for a road diet and a bike lane to safely get to Central and the light rail.
36615 16th Street and Indian School There are schools, shopping centers, a medical center and residential. It's 3 4005 North 16th Street right off the canal, which would lead to the Central and Campbell light rail stop. This would encourage canal and light rail use. It makes sense to start downtown and near the "7's" first, but this area of town could be a good future extension. 36646 15th Avenue and Washington: Bolin Park / This would be a nice link from the Capital to and from downtown. It's along 3 15 South 15th Avenue Capital several bike routes, would be great for tourists and is a wonderful place to spend some time. 37064 7th Ave. and Encanto Blvd: Willow Historic Willo Historic District is a beautiful, bikeable neighborhood and this 3 701 West Encanto Boulevard District location is right near the 5th Avenue, Encanto Blvd and 3rd Avenue bike lanes. A kiosk here would serve this historic neighborhood well with an easy ride to Encanto Park, downtown, the light rail, The Melrose District, The Museum District, 7th Avenue and McDowell and Central Avenue.
37121 16th Street: Calle 16 This could be a good future location to promote Calle 16 and create easier 3 2860-2898 North 16th Street access to the murals, Barrio Cafe and, perhaps someday, a "Little Mexico".
36510 Comerica Theatre Comerica Theatre 2 400 West Washington Street 85003
110 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 37109 3rd Avenue and Washington: City Hall / Courts This location is central to City Hall, the courts, and the Orpheum Theater. 2 305 West Washington Street 85003
37901 Skyline Lofts Large apartment complexes should have bike sharing kiosks 2 702 North 4th Street 85004 37067 McDowell - 7th Street - 3rd Street: Safeway This would be convenient for people living downtown to get groceries. 2 342-486 East McDowell Road 85004
38702 1st Street and McDowell: Giant Coffee This would be a well used spot at Giant Coffee, near CVS, a Quality Inn and 2 1437 North 1st Street 85004 Arizona School for the Arts. This is also across the street from the Phoenix Art Museum and very near to the Burton Barr Library, so would work quite well in conjunction with bike share stations in those locations to keep bikes in rotation. 39120 2nd Street and Jackson Alice Cooperstown and US Airways Arena 2 300-372 South 2nd Street 85004 36460 2020 N Central Ave The 12 story building at 2020 N Central Ave has plenty of bike racks and 2 North Central Avenue 85004 space for more parking. 37073 The Sheraton Hotel Make it easy for tourist 2 340 North 3rd Street 85004 39075 12th Street and McDowell: Banner Good This is on a bike route and would be used by employees and visitors to the 2 1600-1656 North 12th Street 85006 Samaritan Hospital hospital and the Women's Resource Center. There is also residential in the Coronado Historic District and surrounding areas.
36690 Arizona State Capitol Access to our state's seat of government, Capitol Museum, other state 2 1701-1799 West Adams Street 85007 agencies, Wesley Bolin Plaza, and future proposed light rail station (West Extension). 38644 11th Avenue and Washington: Liberty Park Located in the center of many government buildings and is right along the 2 1001-1099 West Washington 85007 bike lane and a beautiful park. Street 36455 Thomas and 28th St Bikeshop on corner of Thomas Rd and 28th St. 2 East Thomas Road 85008 36614 7th Street and Camelback There are a lot of businesses and restaurants near this corner and also 2 699 East Camelback Road 85012 residents that would use the bikes to commute to the light rail.
36636 Central and Bethany Home This neighborhood is dense with residential and churches and has a 2 5999 North Central Avenue 85012 buffered bike lane from Bethany Home to Camelback which would make an easy ride to and from the light rail, shops and restaurants. 39365 Central and Thomas Light Rail Station There are many high rise office buildings and a large Hilton hotel. This 2 10 East Thomas Road 85012 would also be a good connection to and from St. Josephs Hospital.
37881 Devine Legacy Apartments Affordable housing complexes along Light Rail should all have bike sharing 2 25 West Minnezona Avenue 85013 kiosks 36927 7th Avenue and Indian School: Melrose District This kiosk would be at the South end of the Melrose District and would also 2 701 West Indian School Road 85013 serve the neighborhood as transportation to the light rail.
111 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36928 Central and Indian School; Steele Indian School This would be a nice connection to the park and the VA hospital. 2 4 West Indian School Road 85013 Park 37108 7th Avenue and Camelback: Melrose District / This location is on the North end of the Melrose District, near a shopping 2 5000 North 7th Avenue 85013 Village Square plaza with a grocery store, a soon-to-be LA Fitness and restaurants.
37145 15th Avenue and Grand Canal This would intersect the canal and the 15th Avenue bike lane and is right in 2 4393-4399 North 15th Avenue 85013 the middle of a residential area. What a great way to connect with the light rail via the canal. 38042 Central and Turney: Lux / Pane Bianco This would be a busy spot for bike sharing! 2 9 West Turney Avenue 85013 37702 12th Street and Osborn This corner has huge apartment/condo complexes galore and is right on the 2 1163-1199 East Osborn Road 85014 12th Street bike lane. This would be an excellent link to and from the light rail and is close to the canal. 38650 12th Street and Grand Canal This residential area has apartment complexes is on the canal and has 2 Grand Canal Trail 85014 access to existing bike lanes. This is a really good car-free route to the light rail and the Melrose District. 36623 Arizona Canal Falls This section of Arizona Canal is splendid in its own right and the paths are 2 Arizona Canal Trail 85018 broad and pass through beautiful neighborhoods 38944 36th Street and Indian School: Gaslight Square Future phase of bike sharing. This corner has shops and restaurants as well 2 4053-4099 North 36th Street 85018 as offices and is surrounded by residential. It's on the 36th Street bike route. 36519 16th Street and Bethany Home I think it's important to place kiosks in the wonderful pockets of activity in 2 5852-5898 North 16th Street Central Phoenix to boost business, create more bike paths and decrease motor vehicle traffic while also creating a way for the people in this neighborhood to easily commute to the light rail. The area surrounding 16th Street and Bethany Home is a perfect example. It's filled with extremely popular restaurants, a Starbucks (I know, I know), a fitness center, boutiques and soon - Sprouts Farmer's Market. It's also heavily residential with many homes, apartment and condo complexes.
36522 Central and Osborn This location has several hotels and banks, Walgreens, Staples, Phoenix 2 3300-3398 North Central Avenue Financial Center, Park Central, many office buildings and a dense residential area. A protected bike lane can be created along Osborn. This would create a safe route to other kiosks that are East and West of Central.
112 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36613 7th Street and Osborn There are a lot of small local businesses here (Urban Beans, Bard's Books 2 3455-3499 North 7th Street and such) and there will soon be a new restaurant. There's a new development at the former church on that corner that will bring in more retail/restaurants. And this area is surrounded by residences that would use the bike share as transportation to and from the light rail. A protected bike lane can be added to Osborn to create a safe East/West route.
36620 15th Avenue and Thomas This location would serve the South side of Phoenix College along with 2 2916 North 15th Avenue Encanto Park, the fairgrounds and the historic districts and would allow residents easier light rail access. This is also a nice corner with popular restaurants and some shops and is on the 15th Avenue bike lane.
36641 7th Street and Grand Canal This location is right on the canal and would be a great connection to the 2 4501 North 7th Street light rail and shops and restaurants for the neighborhood. This can tie in with Canalscape. 36643 7th Avenue and Grand Canal This would be in the middle of the Melrose District and would connect with 2 4519 North 7th Avenue the Grand Canal to possible kiosks along the canal at Central and 7th Avenue to help create Canalscape. 37085 11th Avenue and Osborn: Phoenix College This is an alternative location to 7th Avenue and Osborn. This location 2 3342 North 11th Avenue intersects the North end of Phoenix College (its popular Culinary Cafe is on that corner), two elementary schools and the Osborn School District buildings. Osborn and 11th Avenue can benefit greatly from the addition of bike lanes. 11th Avenue between Indian School and Thomas is quite wide and very bikeable. A kiosk here would work quite well with one at the South end of Phoenix College at 15th Avenue Thomas. This location would also serve as a great connection to the light rail for the community since it's heavily residential and has several condo/apartment complexes.
37870 12th Street and Bethany Home There are so many condo and apartment complexes near that corner and 2 5965-5999 North 12th Street it's on a bike route. It would be a great connection to the light rail and nearby neighborhoods.
113 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 38700 15th Avenue and Osborn This is another option for the Phoenix College area. This location is near the 2 3500-3546 North 15th Avenue sports facilities and is on the 15th Avenue bike route. The Phoenix College area has the ability to support multiple bike share stations. Along with the college, there is the Osborn Elementary School district and this area is dense with a variety of multi-family housing as well as many single family homes. It's bikeable along 11th Avenue, the 15th Avenue bike lane and Osborn has the potential to be a great bike route.
38943 40th and Campbell: La Grande Orange For a future phase of bike sharing, perhaps creating a small bike share 2 4483-4499 North 40th Street community in Arcadia This location intersects bike routes, has limited parking and is extremely popular. It's also surrounded by dense residential and multi-family housing. 39116 4th Avenue and Jackson: Union Station This is right near Union Station, government buildings and The Ice House in 2 499 South 4th Avenue the warehouse district. 39232 10th Street and Roosevelt: Welcome Diner / The Welcome Diner is reopening, there is a youth hostel, Alwun House, a 2 925 East Roosevelt Street Youth Hostel bike route and dense residential in this part of the Garfield Historic District. This would be a great connection to and from the light rail, the rest of downtown and nearby neighborhoods. 36576 Historic Neighborhoods 1 - Historic Roosevelt Have linked bike share stations at each historic neighborhood so people can 1 West Roosevelt Street 85003 Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an apprecation for what is uniquely Phoenix? 37750 Hob Nobs A multiplicity of cultural attractions within 3 blocks of this hub.Great place 1 149 West McDowell Road 85003
37890 Urban Lofts 2 Apartments Affordable housing complexes along Light Rail should all have bike sharing 1 650 North 2nd Avenue 85003 kiosks 37904 Tapestry on Central Large mixed condo/rental complexes should have bike sharing kiosks 1 2 West Encanto Boulevard 85003
37066 5th Avenue and Fillmore In this area is Cibo, Rio Salado College, Children First Academy and a lot of 1 501-555 West Fillmore Street 85003 residential. This intersects the 5th Avenue and Fillmore bike routes and is two blocks from the 3rd Avenue bike lane. Many people would use this kiosk for it's access to Cibo and area residents would find a kiosk here useful for transportation to and from the light rail, Grand Avenue, Hance Park, Roosevelt Row and many points downtown.
36467 Bike Share Kiosk_2 Burton Barr Library 1 1221 North Central Avenue 85004
114 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36582 Historic Neighborhoods VII - Townsend Have linked bike share stations at each historic neighborhood so people can 1 500-526 East Lynwood Street 85004 Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an appreciation for what is uniquely Phoenix? 37892 Roosevelt Point Apartments Large Apartment Complexes should have bike sharing kiosks 1 222 East Roosevelt Street 85004 37068 McDowell - 3rd Street - 7th Street: Safeway This would be convenient for people living downtown to get groceries. 1 326 East McDowell Road 85004
37074 The Valley Youth Theater Frequently attracts people that live in the suburbs that has never been to 1 801 North 3rd Street 85004 downtown Phx, great starting people to experience the city. 39202 at the art museum any cultural stop would be a high traffic area for a bike share 1 2-98 East McDowell Road 85004 37171 Coronado Park People within this neighborhood would be more likely to use the light rail 1 1815-1999 North 12th Street 85006 with a bike sharing program. It is just beyond the walkable distance.
37302 7th Street and Van Buren: ASU ASU and lots of activity at that corner. 1 217-299 North 7th Street 85006 36580 Historic Neighborhoods V - FQ Story Have linked bike share stations at each historic neighborhood so people can 1 1117 West Latham Street 85007 Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an appreciation for what is uniquely Phoenix? 36621 Garfield Neighborhood Wonderful historic neighborhood and the corner of Pierce and 10th St is a 1 615 North 11th Avenue 85007 great place to start exploring - a 90 year old Safeway Store is still operating at that location [although Safeway sold it off 60 years ago]
37069 15th Avenue and McDowell: Fairgrounds This would also create a connection to and from the light rail for area 1 1578-1598 North 15th Avenue 85007 residents and is along the 15th Avenu bike lane. It would be great to have a kiosk at the entrance to nearby Encanto Park as well so that there are options. 38400 15th Avenue and Encanto Boulevard Encanto Park and near the tennis courts and a park entrance. There is 1 2266-2298 North 15th Avenue 85007 residential and it intersects two bike lanes. This would be a good connection to downtown and the light rail. 37822 Oak and Grand Canal Use the Grand Canal Trail to get to so many places. This station would also 1 2571-2591 East Oak Street 85008 be on and near existing bike routes. 38394 19th Avenue and Monte Vista: State There is also residential in this neighborhood. This would be best served 1 1901 West Monte Vista Road 85009 Fairgrounds with a bike lane connecting the entrance to Encanto Blvd. which would also lead to the 15th Avenue bike lane. 38043 Landmark Towers / Hula's / Maizies / Citizen A great destination! 1 4774 North Central Avenue 85012 Coffee 36463 Bike Share Kiosk Near the restaurant complex of Windsor, Postinos, Churn, and Federal. 1 5202 North Central Avenue 85013
115 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36660 Camelback/17th Ave. A bike share could be included in the future development of the large 1 1707 West Camelback Road 85015 empty lot at the SW corner. 37782 Osborn and Grand Canal This is right near the entrance to Arioso City Lofts, a huge apartment 1 3440-3484 Grand Canal Trail 85016 complex that spans 16th Street to the Grand Canal along Osborn. There are also many homes in this area and this would be great access to the Grand Canal and the light rail. We should promote biking on the canals with bike sharing in areas that support it with dense residential and shops.
38946 48th Street and Indian School: Greenbelt/Canal For a future phase of bike sharing. This area meets the canal and the 1 North 48th Street 85018 greenbelt, has a grocery store, popular restaurants and Arcadia High School. 36657 Pastor Transit Center It is a transit center, after all. 1 24 East Broadway Road 85040 36658 Central/Baseline Maybe in the shopping center on the NE corner? 1 7601-7651 South Central Avenue 85042 38651 16th Street and Campbell This is along an existing bike lane and there's a huge apartment complex on 1 4468-4498 North 16th Street that corner and a large condo complex nearby. A park is on this corner and some restaurants too. It would be easy to get to the canal, making it a good route to and from the light rail. 36486 Bike Share Kiosk_19 The Y@ASU 0 350 North 1st Avenue 85003 36489 Bike Share Kiosk_23 CityScape 2 0 50 West Jefferson Street 85003 36578 Historic Neighborhoods III - Willo Have linked bike share stations at each historic neighborhood so people can 0 2017 North 3rd Avenue 85003 enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an apprecation for what is uniquely Phoenix? 37880 The Lofts at McKinley Affordable housing complexes along Light Rail should all have bike sharing 0 809 North 5th Avenue 85003 kiosks 37883 The Marquee Apartments Affordable housing complexes along Light Rail should all have bike sharing 0 618 North 2nd Avenue 85003 kiosks 37889 The Filmore Apartments Market rate affordable housing complexes along Light Rail should all have 0 617 North 3rd Avenue 85003 bike sharing kiosks 36469 Bike Share Kiosk_4 RoRo 0 414 East Roosevelt Street 85004 36470 Bike Kiosk_5 ATAH 0 102-198 East McKinley Street 85004 36471 Bike Share Kiosk_6 Civic Space Park 0 500-598 North Central Avenue 85004 36472 Bike Share Kiosk_7 AZ Center 0 400 East Van Buren Street 85004 36473 Bike Share Kiosk_9 Convention Center 0 100 North 3rd Street 85004 36475 Bike Share Kiosk_10 Heritage Square 0 601-623 East Adams Street 85004 36476 Bike Share Kiosk_11 The Duce 0 14 East Lincoln Street 85004 36479 Bike Share Kiosk_13 The Heard Museum 0 22 East Monte Vista Road 85004 36480 Bike Share Kiosk_14 Margaret T Hance Park 0 Papago Freeway 85004 116 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36485 Bike Share Kiosk_18 ASU Downtown Campus 0 East Polk Street 85004 36487 Bike Share Kiosk_20 Food Trucks/Farmers Market/Restaurant 0 14 East Pierce Street 85004 36488 Bike Share Kiosk_21 CityScape 1 0 2-98 South 1st Street 85004 36581 Historic Neighborhoods VI - Evans-Churchill Have linked bike share stations at each historic neighborhood so people can 0 516 East Portland Street 85004 Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an appreciation for what is uniquely Phoenix? 36583 Historic Neighborhoods VIII - in back of the Have linked bike share stations at each historic neighborhood so people can 0 345 East Palm Lane 85004 Heard Museum enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an appreciation for what is uniquely Phoenix? 37882 Westward Ho Complex Affordable housing complexes along Light Rail should all have bike sharing 0 2-44 West Fillmore Street 85004 kiosks 39689 St Mary's High School High School 0 North 3rd Street 85004 41111 Arizona Science Center Connect all the major cultural institutions through bike share kiosks 0 East Washington Street 85004 39686 North High School High School 0 East Thomas Road 85006 37816 16th Street and Roosevelt: Ranch Market This location would be convenient for grocery shopping at Pro's Ranch 0 950-998 North 16th Street 85006 Market and would be good light rail connection for the community.
36481 Bike Share Kiosk_15 Encanto Park 0 2601-2799 North 8th Avenue 85007 36579 Historic Neighborhoods IV - Encanto-Palmcroft Have linked bike share stations at each historic neighborhood so people can 0 1700-1798 North 7th Avenue 85007 Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an appreciation for what is uniquely Phoenix? 37749 La Melgosa A bike shop, half a dozen galleries, a theater and a restaurant space 0 1001-1025 Phoenix-Wickenburg 85007 begging to be rented again. Highway Excellent place for a kiosk 39690 Metro Arts High School High School 0 North 7th Avenue 85007 37820 23rd Avenue and Thomas This area has motels, a school, restaurants, apartment buildings and many 0 2700-2798 North 23rd Avenue 85009 homes. This would be a good connection to the light rail, Encanto Park and the fairgrounds. 39687 Xavier High School High School 0 North 5th Street 85012 41271 Steele Indian School Park It would be nice to have a location right inside the park. 0 Shodes Circle 85012 36468 Bike Share Kiosk_3 Clarendon Hotel 0 3700 North 3rd Avenue 85013 36482 Bike Share Kiosk_16 Melrose District 0 4330 North 7th Avenue 85013 36483 Bike Share Kiosk_17 Central Ave and Camelback Park and Ride 0 213-299 West Camelback Road 85013 39692 Camelback High School High School 0 North 28th Street 85016 39691 Arcadia High School High School 0 East Indian School Road 85018 117 CITY OF PHOENIX STREET TRANSPORTATION DEPARTMENT RFP NO. 63 -0012 BIKE SHARING PROGRAM (PHASE 1) 36477 Bike Share Kiosk_12 East Lake Park 0 205 South 15th Street 85034 41236 Circle K Park A good park on the Highland Canal near South Mountain. 0 East South Mountain Avenue 85042 39693 Desert Vista High School High School 0 South 32nd Street 85048 36577 Historic Neighborhoods II - Garfield Have linked bike share stations at each historic neighborhood so people can 0 East Garfield Street Neighborhood enjoy each one while taking in the locally owned cultural attractions in or near each one. What better way to help build an apprecation for what is uniquely Phoenix?
118 City of New Orleans, Louisiana Request for Proposals to Engage in a Cooperative Endeavor For An Automated and On-Demand Bicycle Share System
April 19, 2016
Request for Proposals: The City of New Orleans (“City”) is seeking a qualified firm to finance, operate, maintain and publicize an automated and on-demand bicycle share system for the City (“System”). As provided below, and incident to City Charter Section 6-308(5), City Charter Section 9-314, and Executive Order MJL 10-05, the City requests proposals from experienced firms to enter into a cooperative endeavor to provide a bicycle sharing system offering a public benefit to its residents.
Instructions: Respondent shall submit the following to the Bureau of Purchasing directed Attention: Chief Procurement Officer (“CPO”), 1300 Perdido St., Suite 4W07, New Orleans, Louisiana 70112, 504-658-1550, not later June 1, 2016 4:00 PM (CT):
a. Six (6) signed hardcopies of the proposal in a sealed envelope, marked “Bike Share System”] and one (1) digitally signed proposal (maximum of three files) on a CD or Flash Drive, in Microsoft Word format or as a PDF file, marked “Bike Share System”;
b. A signed cover letter including the Respondent’s legal name, address and primary contact for the proposal. The primary contact information shall include submitter name, telephone, and email address.
Proposals should clearly demonstrate the Respondent’s qualifications to perform the needed services and attend all factors applicable in a professional relationship. Proposals should include detailed resumes or curricula vitae for the principals performing the services. Copies of the solicitation and related information are available from the City’s purchasing website at http://www.purchasing.nola.gov/bso/login.jsp.
The City will not accept proposals submitted by fax. All proposals must be received by the City on or before the Delivery Deadline. The City will not accept proposals delivered after the said deadline. The City will not credit delivery claims not clearly documented by original receipt.
Anticipated Proposal Timetable:
RFP Release April 19, 2016 RFP Questions Due May 12, 2016 Proposal Submission Due June 1, 2016 Evaluation June 16, 2016 Final Selection Notification June 23, 2016
If the City identifies a likely Respondent, the City may negotiate a final cooperative endeavor agreement (CEA) in which the obligations of the parties will be set forth for the performance of
RFP No. 2101-02003 Page 1
the services. The CEA will contain the standard City provisions shown in Attachment “B” and the “Disadvantaged Business Enterprise” (“DBE”) provisions shown in Attachment “C.”
A DBE goal of 35 percent has been established for this RFP. The respondent shall agree to use its best efforts, as determined by the DBE Compliance Officer to assure that all respondents comply with the factors set forth in the DBE Program, to meet the goal for DBE participation in the performance of this solicitation.
Please direct all questions related to DBE compliance prior to the Delivery Deadline to Office of Supplier Diversity, 1340 Poydras Street, 10th Floor, New Orleans, LA 70112, telephone: 658- 4220, email: [email protected].
By responding to this RFP, respondent agrees to the City’s required provisions as provided in Attachments “B” and therefore waives any future right to contest the required provisions.
1. Services Needed: Attachment “A”.
2. Selection Committee: The CPO must establish a Selection Committee with relevant subject- matter expertise in reviewing and evaluating proposals to the RFP. Each proposal to the RFP must be evaluated by a committee of five individuals consisting of:
• The manager of the User Entity requesting the service, or his designee; • The First Deputy Mayor-Chief Administrative Officer, or his designee; • The employee who will manage and monitor the CEA; • A professional from within local government who possesses expertise in the relevant field; and • The Chief Financial Officer, or his designee.
The Selection Committee shall first evaluate the proposals on the basis of criteria other than price. The members on the Selection Committee shall either complete the numerical grading and provide a written explanation stating the reasons for the rating for each criteria, or if using the wholly qualitative evaluation criteria, the members shall provide a rating of a proposal as highly advantageous, advantageous, not advantageous, or unacceptable and state the reasons for the rating for each criteria.
3. Selection: The City will select a Respondent generally according to the procedures described in Executive Order MJL 10-05. The Selection Committee will first evaluate and rank responsive RFP Responses on the criteria listed below and provide an assessment of that score. A Respondent may receive the maximum percentage, a portion of this score, or no percentage at all, depending upon the merit of its response, as judged by the Selection Committee in accordance with:
RFP No. 2101-02003 Page 2
a. Technical Criteria
(50%) Specialized experience and technical competence and quality of the proposed program.
Respondent firms or executive staff who would be assigned to manage the program must demonstrate and describe their experience operating a bicycle share system for or in partnership with state or local government and currently operate a system for or in partnership with a state or local government.
(25%) Performance history, including, without limitation, competence, responsiveness, cost control, work quality and the ability to meet schedules and deadlines.
(15%) Provide a plan to maximize local hiring to support the program. Provide the number of jobs, with a breakdown by type and plan to fill the positions with Orleans Parish residents or non-residents;
b. DBE Participation
To ensure the full participation of DBE’s in all phases of the City’s procurement activities, Respondents shall complete and submit a DBE Participation Plan with their responses. If a DBE Participation Plan is not submitted, it shall be determined that the proposer was non-responsive to the DBE provisions and the proposal will not be evaluated by the selection committee.
(5%) Proposal complies with contract DBE participation goal of 35% or will conduct good faith efforts to do so.
(5%) Proposal submitted a quality DBE Participation Plan that includes innovative strategies and approaches to achieve and maintain compliance over the contract term, including firm’s past performance on meeting DBE goals, technical assistance and supportive services designed to increase participation and build capacity in the DBE community.
c. Shortlist
The City at its sole discretion may recommend a selection of Respondents for a short list based on the overall ranking.
During the review of any proposal, the Evaluation Committee may:
• Conduct reference checks relevant to the System with any or all of the references cited in a Proposal to verify any and all information, and rely on or consider any relevant information from such cited references in the evaluation of Proposals;
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• Seek clarification of a Proposal from any or all Respondents and consider such supplementary information in the evaluation of Proposals;
• Request interviews/presentations with any, some or all Respondents or Team Members to clarify any questions or considerations based on the information included in Proposals during the evaluation process, and consider any supplementary information from interviews/presentations in the evaluation; and
• Request a local demonstration of equipment and/or a visit to a city where Respondent is currently operating a bicycle share system with reimbursement for travel expenses.
4. Ownership: All proposals and/or documentation submitted therewith are City property for all purposes. Respondents will clearly mark documents or information claimed exempt from public records disclosure and specifically justify the exemption. The City will not credit any blanket exemption claims lacking specific justification. The City does not guarantee the confidentiality of submissions.
5. Effect: This RFP and any related discussions or evaluations by anyone create no rights or obligations whatsoever. The City may cancel or modify this solicitation at any time at will, with or without notice. The CEA executed by the City and the selected Respondent, if any, is the exclusive statement of rights and obligations extending from this solicitation.
6. Point of Contact: All correspondence and other communications regarding this procurement should be directed to the attention of: Nathaniel Celestine, City of New Orleans, Bureau of Purchasing, 1300 Perdido Street, 4W07, New Orleans, Louisiana 70112. Substantive questions must be submitted by Respondents in writing to the person at the address provided above or emailed to [email protected] no later than May 12, 2016 4:00 PM (CT). Any request received after that time may not be reviewed for inclusion in this RFP. The request shall contain the requester’s name, address, and telephone number. The Bureau of Purchasing will issue a response to any inquiry if it deems it necessary, by written addendum to the RFP, posted on the City’s website, and issued prior to the RFP’s Delivery Deadline. The Respondents shall not rely on any representation, statement or explanation other than those made in this RFP or in any addenda issued. Where there appears to be a conflict between this RFP and any addendum issued, the last addendum issued will prevail. From the time of advertising, and until the final award, there is a prohibition on communication by Respondents (or anyone on their behalf) with the City’s staff, Selection Committee members and elected officials. This does not apply to oral communications at Pre-Proposal conferences, oral presentations before evaluation committees, contract negotiations, or communications at any time with any City employee or elected official regarding matters not concerning this RFP.
Breaking the established prohibition on communication may result in a disqualification of the proposal.
7. Proposal Review: In accordance with the Mayor’s Executive Order, MJL-10-05, the review committee will evaluate each proposal submitted. The City will make every effort to administer
RFP No. 2101-02003 Page 4
the proposal process in accordance with the terms and dates discussed in the RFP. However, the City reserves the right to modify the qualification process and dates as deemed necessary.
The City may request an online demonstration of specific vendors’ solutions prior to the qualifications review completion date. Respondents should be prepared to provide such a demonstration in a timely fashion.
8. In-Process Technical Review: The selected Respondent’s performance of the services shall be subject to in-process technical review by the City’s Technical Representative or such other person(s) as may be designated in writing by INSERT NAME OF DEPARTMENT provided such actions are not unreasonable and does not interfere with the progress of the work.
9. Required Attachments: Respondents are required to complete the following Attachments and submit along with their Proposal:
• Attachment “C” DISAVANTAGED BUSINESS ENTERPRISE PARTICIPATION PLAN • Attachment “F” CITY OF NEW ORLEANS CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
All other Attachments are supplied by the City as information. The following Attachments will only be requested of the successful Proposer prior to obtaining a contract:
• Attachment “D” Tax Clearance Certificate • Attachment “E” Identification of Subcontractors
Information Only: • Attachment “G” Sample Cooperative Endeavor Agreement” • Attachment “H” Feasibility Study (Attached Online)
FAILURE TO COMPLETE THE REQUIRED ATTACHMENTS MAY RESULT IN THE DISQUALIFICATION OF A PROPOSAL
RFP No. 2101-02003 Page 5
City of New Orleans, Louisiana Request for Proposals to Engage in a Cooperative Endeavor For An Automated and On-Demand Bicycle Share System
Attachment A
Needed Services
A. GENERAL DESCRIPTION
The City desires to implement a publicly-available bike sharing system for use by residents and visitors alike. It is the City’s intent that the system provides an affordable and convenient transportation option within New Orleans. The City anticipates that bike share trips may tend to be of the following nature: short bicycle trips to connect to other public transit usage and to replace vehicle and/or pedestrian trips.
The proposed bike share system should cover a significant portion of the City, including areas adjacent to the Claiborne and Biomedical Corridors. Preliminary modeling by the City suggests that such a system would include a minimum of 700 bicycles. Information from which to base business and operations plans regarding the demographics, tourism, transportation options, transit and cycling network plans, land use and resiliency is included below. The City hopes to launch this system by 2017 and is open to phasing to reach the full program size if necessary.
Proposals must be fully funded by the operator. City funds cannot be used for the system’s implementation, operation or maintenance.
B. GOALS AND OBJECTIVES
The New Orleans bike sharing system will help address a variety of transportation access, equity, health and economic goals including:
• Provide an affordable and convenient transportation option for people, resident and visitors, moving around the City; • Lead as an international model for equitable bicycle sharing programs; • Operate in a fiscally sustainable manner; • Expand workforce mobility options; • Facilitate a change in street culture and safety resulting in respectful co-existence among people walking, bicycling or operating motor vehicles; • Employ and train local staff, especially from disadvantaged communities and at-risk youth programs, for both management and rank-and-file positions; • Promote health and wellness; • Attract residents and visitors to all neighborhoods, spurring economic development and retail sales; • Introduce more residents to bicycle transportation and expand the number of daily bicycle users.
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C. BACKGROUND INFORMATION
This section provides existing conditions relating to demographics, transportation, land use and resilience.
1. Location of Residents and Employment
Figure 1.
2. Mode Split and Transit Ridership
The City has almost twice the bicycle mode share (people using the bicycle as their primary commute vehicle) of any other major city in the South (and ranked eighth in the nation) and has contributed to the growth in bicycling nationwide. New Orleans has seen its bicycle mode share more than triple since 2005, rising from 1.0% of commute trips to 3.35% of commute trips in 2014. Transit mode share has declined from 12.2% in 2005 to 9.0% in 2014, at least partially a result of transit system damage caused by Hurricane Katrina. However, transit has regained momentum with new post-Katrina investments. Ridership has risen in each of the past four years, and the Regional Transit Authority (“RTA”) and Jefferson Transit (“JeT”) vehicles carry about 47,000
RFP No. 2101-02003 Page 7 riders and 6,800 riders on weekdays, respectively. Bike share may complement this growth in ridership by helping resolve the “last mile” issue for areas with poor connectivity or limited hours of operation.
Certain areas of New Orleans show a greater need for new transportation options. These areas may benefit the most from bike share hubs/stations, even if their population and employment densities are lower than Downtown New Orleans. A bicycle share program prominent in transit dependent areas is desirable.
Figure 2.
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3. Land Use
New Orleans has recently updated its comprehensive zoning ordinance. The next map shows the expected future land uses.
Figure 3.
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4. Bicycle Infrastructure Network
New Orleans currently offers over 100 miles of bikeways and more coming online soon, including St. Charles and Tulane Avenues.
Figure 4.
5. Demand for Bicycle Share
A model was developed to analyze demand for bicycle share services in New Orleans. It should be noted that this demand analysis and initial service area recommendations in subsequent sections were based on conditions in April 2014. As new land uses and major trip generators are introduced (e.g., economic development projects and employment centers such as the UMC-VA Medical Center), demand for bike share trips will likely increase and shift. A diverse set of stakeholders from across the City continue to express interest in obtaining a bicycle share system in New Orleans. In addition, the City remains one of the world’s top destinations having hosted nearly 10 million visitors in 2015 and recently being named the No 2. city in North America for visitors according to Travel + Leisure Magazine.
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Figure 5.
6. Resilience
A bicycle share system is an important part of developing a reliable and comprehensive, multimodal transit network that will help New Orleans be more resilient whether the challenge is to be efficient and coordinated in times of emergency response, to enable low-income families to connect to opportunity, or to improve safety and connectivity for all roadway users. In addition, a bicycle share system must contribute to ongoing efforts to promote sustainability and multimodal transit.
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D. SCOPE OF WORK
Section 1: Required services in advance of the launch of the program.
a. Engage local stakeholders and partners (e.g. advocacy groups, local bike shops, civic and community groups, business/merchant/neighborhood associations, churches and other religious institutions, etc.) to help champion bicycle share in New Orleans; b. Community engagement and education for people who bicycle, people who drive, public agencies and major institutions to market to new users and inform the program design and operations; c. Public safety campaign to enhance roadway safety for all users; d. Public participation and input process for selection of hub/station locations and/or bicycle placement locations if proposing a hybrid or hub-less program; e. Commitment to the preparation of station/hub site plans and technical drawings; f. Accept online and mobile-based payments and accommodating individuals without credit or debit cards and reduced-cost annual passes for low-income individuals. This may involve plans to partner with foundations, community organizations, financial institutions and others to assist in securing collateral and implementing a reduced-cost option. g. Propose station/hub design, quality of workmanship, appearance and resistance to environmental degradation and vandalism. System design must consider historical conditions including the City’s urban design character. System design must also incorporate maps of other stations, bicycle facilities and points of interest; h. Design bicycles to accommodate, to the best extent feasible, people of all shapes and sizes. Key features may include a one-size-fits-all highly durable design, protection from dirt and grease, ease of pedaling and shifting, self-generating lighting system including front and rear headlights that remain illuminated for a minimum of 60 seconds at rest when used, rack to hold a small bag, fenders, chain guards, bells, puncture resistant tires, reflectors, locking mechanism and a bicycle tracking system. Bicycles shall be of a theft and tamper resistant design. Bicycles should look good in the urban environment and must be capable of being branded appropriately for a title sponsorship. Section 2: A detailed long term operating and capital revenue and expense pro-forma, including projections of demand, repairs to facilities and bicycles, and other considerations.
a. Provide a certain number of bicycles be available in place based areas, such as adjacent to the Claiborne and Biomedical Corridors; b. Provide a certain number of bicycles during each system phase; c. Provide a certain number of hubs/stations during each system phase; d. Prepare a map showing the proposed boundaries of the service area during each system phase;
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e. Expectations of sponsorships and other revenues to support capital and operations. The City reserves the right to ensure any sponsors and ad placement are appropriate and consistent with City values; f. Offer a pricing structure for various types of system memberships such as daily, monthly, annual and subsidized; g. Offer plans to accommodate potential users who lack access to credit or debit cards and/or low income populations; h. Promote the System, especially subsidized membership options and plans for users who lack credit or debit cards and/or low income populations; i. Provide revenue sharing commitments to the City, if any. The City may reserve the right to have revenue slated to be shared with the City directly reinvested by the operator, such as into the system for new facilities, programs or investments in other bicycle infrastructure; and, j. Provide a proposed list and map of general hub/station locations.
Section 3: Other services. a. Provide equipment with multiple-language capability (English/Spanish/Vietnamese); b. Maintain equipment and inventory in excellent condition. Rebalancing by the vendor will ensure that bikes are evenly and regularly distributed throughout the system; c. Ensure that all systems and applications are capable of integration with the City’s systems and website; d. Make available real time bike, dock and station/hub availability information for free to the public, including 3rd party app developers, in a JSON feed; e. Make available to the City real-time GPS data and routing visualizations, as well as origin-destination and segment-level ridership data; f. Include a system website and mobile application with, at a minimum, a map showing station/hub locations, real-time bike availability, information on pricing, membership, safety, and other system information; g. Perform an annual survey created in partnership with the City to determine customer satisfaction; h. Perform comprehensive auditing and reconciliation processes; i. Perform proactive and reactive maintenance of facilities and equipment, including preventive maintenance and ensure continued operability of facilities and equipment; the City reserves the right to visit/inspect facilities without notice; j. Provide other enhancements that will improve the efficiency of the curb use and/or reduce traffic congestion related to curb use; k. Provide monthly, quarterly and annual reports concerning usage maintenance, operation finance or other issues as required by the City;
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l. Respond to and resolve all citizen inquiries and complaints in a timely and satisfactory manner. Complaints received from the public must be maintained and detailed in a database and both the complaint and the resolution must be provided to the City upon request. Section 4: Phasing and Timing a. The City will commemorate its 300th Anniversary in 2018. The first major phase of the system should be installed by the second quarter of 2017.
E. COST
City funds cannot be used for the implementation, operation or maintenance of the System. Therefore, all proposals must be fully funded by the Selected Respondent.
In exchange for providing a valuable public benefit, the City will grant a right of use of public space for hubs/stations as needed, and will assist as well with the permitting and approval process.
It is expected that the Selected Respondent will be compensated for the System costs in any proceeds of the System that exceed the System costs. The CEA will include potential for revenue sharing after operations and capital replenishment obligations have been met and penalties for unmet performance standards.
F. TERM OF THE CONTRACT
The anticipated term of the CEA will be five years with an optional five (5) additional one-year terms.
Respondents are advised that the CEA resulting from this RFP will require the approval of the City Council prior to execution.
By submitting a proposal in response to this RFP, Respondents acknowledge their understanding and agree that any proposed contract with the selected Respondent will be (i) submitted to City Council in the form of a proposed ordinance with the agreement attached as exhibit; (ii) subject to the customary councilmanic process of public notice and hearing for the enactment of legislation by City Council; and (iii) may not result in a final, executed contract unless the proposed CEA, and all terms and conditions contained therein, receives a majority vote in favor of the CEA.
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G. INSURANCE REQUIREMENTS
1. Coverage shall be at least as broad as the following:
a. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01or similar acceptable to the City, covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Workers’ Compensation: as required by the State of Louisiana, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
2. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status. Contractor will provide, and maintain current, a Certificate of Insurance naming The City of New Orleans, its departments, political subdivisions, officers, officials, employees, and volunteers are to be covered as “Additional Insureds” on the CGL policy with respect to liability arising out of the performance of this agreement. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). The Certificate of Insurance should name the City of New Orleans Risk Manager as Certificate holder and be delivered via U.S. Mail to 1300 Perdido Street, 9E06—City Hall, New Orleans, LA 70112.
b. Primary Coverage. For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the City, its departments, political subdivisions, officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City shall be non- contributing to Contractor’s coverage.
c. Waiver of Subrogation. Contractor and its insurers agree to waive any right of subrogation which any insurer may acquire against the City by virtue of the payment of any loss under insurance required by this contract.
d. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with prior notice to the City of no less than 60 days.
e. Acceptability of Insurers Insurance is to be placed with insurers licensed and authorized to do business in the State of Louisiana with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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H. PERFORMANCE STANDARDS The CEA will include performance and quality standards for the System which include, but not limited to, the following factors: 1. Timely delivery and installation of the infrastructure during all system phases; 2. Proper function of the IT infrastructure; 3. Clean and functional hubs/stations and bicycles; 4. Timely and responsive customer service; 5. Timely and responsive rebalancing; and 6. Station/Hub and bike maintenance and cleaning.
I. PROPOSAL FORMAT
To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified below. Proposal shall include all of the following:
1. Title Page
Show the RFP number and subject, the name of your firm, address, email address, telephone number(s), facsimile machine number(s), name of contact person and date.
2. Table of Contents
Clearly identify the materials by section, page number, and tabs.
3. Letter of Transmittal (Limited to One Page)
Briefly state your firm’s understanding of the services to be performed and make a positive commitment to provide services as specified. Give the name(s) of the person(s) who is/are authorized to make representations for your firm, their title, address, email address, telephone number(s) and facsimile number(s).
4. Proposal Contents Please provide clear and comprehensive responses in the format that follows and address each point at a minimum. This portion of the proposal should not exceed 15 pages. Respondents may submit a request to the CPO to submit more pages. Please provide a detailed description that shall specifically respond the following: A. The Scope of Work. 1. Required Services Prior to Launch (respond to items a through h under D. Section 1.);
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2. Detailed long term operating and capital revenue and expense pro-forma (respond to items a through j under D. Section 2.); 3. Other Services (respond to items a through l under D. Section 3.); and 4. Phasing and Timing (respond to item a under D. Section 4.).
B. Additional Information. 1. Performance history, including, without limitation, competence, responsiveness, cost control, work quality and the ability to meet schedules and deadlines: a. Provide the number of years’ experience and qualifications of the prime respondent has providing turn-key bicycle share programs and the current places of operation and years of experience and qualifications; b. Provide a resume(s) of the executive staff who will manage this contract; c. Provide evidence to support the referenced abilities, including at least three references; d. Provide evidence of relevant experience with projects that are similar in nature, size and scope to the work sought in this RFP; e. Provide a proof of insurance and detail the applicant’s ability to issue a performance bond, which would ensure the City has the resources to remove equipment from the right of way if the contract violation; f. Provide a Standard Operating Procedures (“SOP”), including without limitation plans for communications, staffing, training requirements, safety, equipment maintenance, payment processing, and customer service plan; g. Provide a Standard Operating Procedure (“SOP”) for operations during special events such as Mardi Gras and emergency events such as hurricanes which includes station removal and temporary/mobile station procedures; coordination with the Office of Homeland Security and Emergency Preparedness and Special Events Coordination Team is required; h. Describe how your business plan calculates the optimal system size for the following: (1) System-wide number of hubs/stations; (2) System-wide number of bikes; (3) Systems-wide average number of stations per square mile; (3) System- wide average distance between stations; i. Please describe how your business plan estimates ridership. Please include the following: (1) Total trips per year; (2) Total subscribers; (3) Average daily users; (4) Average daily trips; (5) Total annual daily users; (6) Average total trips per month; (7) Daily trips per bike. 2. Plan to maximize local hiring to support the program for both management and rank-and-file positions: a. At a minimum, provide the number of jobs, with a breakdown by type and plan to fill the positions with Orleans Parish residents or non-residents.
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3. Willingness to promote full and equal business opportunities in accordance with the City’s State-Local Disadvantaged Business Enterprise Program: a. To ensure the full participation of DBE’s in all phases of the City’s procurement activities, all Proposers at time of proposal submission shall complete and submit a DBE Participation Plan. b. If a DBE Participation Plan is not submitted, it shall be determined that the proposer was non-responsive to the DBE provisions and the proposal will not be evaluated by the selection committee. 4. Financial Statements: a. Each firm that is a party to the proposal must submit audited financial statements for its two most recent completed fiscal years.
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City of New Orleans, Louisiana Request for Proposals to Engage in a Cooperative Endeavor For An Automated and On-Demand Bicycle Share System
Attachment “B” CONTRACT TERMS AND CONDITIONS TABLE OF CONTENTS
1. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE. 2. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE. 3. AMENDMENT. 4. ASSIGNABILITY. 5. AUDIT AND INSPECTION. 6. CHOICE OF LAWS. 7. CONFLICT OF INTEREST. 8. CONSTRUCTION OF AGREEMENT. 9. CONVICTED FELON STATEMENT. 10. COUNTERPARTS. 11. DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM. 12. DURATION. 13. ELECTRONIC SIGNATURE AND DELIVERY. 14. EMPLOYEE VERIFICATION. 15. ENTIRE AGREEMENT. 16. EQUAL EMPLOYMENT OPPORTUNITY. 17. EXCLUSIVE JURISDICTION AND VENUE. 18. EXTENSION. 19. INCORPORATION INTO SUBCONTRACTS. 20. INDEMNIFICATION. 21. INDEPENDENT CONTRACTOR STATUS. 22. LIMITATIONS OF THE CITY’S OBLIGATIONS. 23. NO THIRD PARTY BENEFICIARIES. 24. NON-DISCRIMINATION.
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25. NON-EXCLUSIVITY. 26. NON-SOLICITATION. 27. NON-WAIVER. 28. OWNERSHIP INTEREST DISCLOSURE. 29. OWNERSHIP OF RECORDS. 30. PERFORMANCE MEASURES. 31. PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. 32. PROHIBITION ON POLITICAL ACTIVITY. 33. REMEDIES CUMULATIVE. 34. SEVERABILITY. 35. SUBCONTRACTOR REPORTING. 36. SURVIVAL OF CERTAIN PROVISIONS. 37. SUSPENSION. 38. TERMINATION FOR CAUSE. 39. TERMINATION FOR CONVENIENCE. 40. TERMINATION FOR NON-APPROPRIATION. 41. TERMS BINDING. 42. WAIVER OF BENEFITS.
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1. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE. The Contractor herein expressly declares and acknowledges that it is an independent contractor, and as such is being hired by the City under this Agreement for hire as noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in entering into this Agreement, or agreement for hire, and in connection with unemployment compensation only, that: a. The Contractor has been and will be free from any control or direction by the City over the performance of the services covered by this agreement; and b. Services to be performed by the Contractor are outside the normal course and scope of the City’s usual business; and c. The Contractor has been independently engaged in performing the services listed herein prior to the date of this Agreement. Consequently, neither the Contractor nor anyone employed by the Contractor shall be considered an employee of the City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto. 2. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE. The Contractor herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the parties hereto, in entering into this Agreement, that the City shall not be liable to the Contractor for any benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034 anyone employed by the Contractor shall not be considered an employee of the City for the purpose of Worker’s Compensation coverage. 3. AMENDMENT. The Agreement shall not be modified except by written amendment executed by duly authorized representatives of the parties. 4. ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without prior written consent of the City. 5. AUDIT AND INSPECTION: A. The Contractor will submit to any City audit, inspection, and review and, at the City’s request, will make available all documents relating or pertaining to this Agreement maintained by or under the control of the Contractor, its employees, agents, assigns, successors and subcontractors, during normal business hours at the Contractor’s office or place of business in Louisiana. If no such location is available, the Contractor will make the documents available at a time and location that is convenient for the City. B. The Contractor will abide by all provisions of City Code § 2-1120, including but not limited to City Code § 2-1120(12), which requires the Contractor to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of the Agreement. The Contractor agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena. 6. CHOICE OF LAWS. This Agreement shall be construed and enforced in accordance with the laws of the State of Louisiana, without regard to its conflict of laws provisions.
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7. CONFLICT OF INTEREST. In the interest of ensuring that efforts of the Contractor do not conflict with the interests of the City, and in recognition of the Contractor’s responsibility to the City, the Contractor agrees to decline any offer of employment if its independent work on behalf of the City is likely to be adversely affected by the acceptance of such employment. The initial determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the City and provide full disclosure of the possible effects of such employment on the Contractor's independent work in behalf of the City. Final decision on any disputed offers of other employment for the Contractor shall rest with the City. 8. CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the Agreement. The Agreement has been reviewed by all parties and will be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties. No term of the Agreement will be construed or resolved in favor of or against the City or the Contractor on the basis of which party drafted the uncertain or ambiguous language. The headings and captions of the Agreement are provided for convenience only and are not intended to have effect in the construction or interpretation of the Agreement. Where appropriate, the singular includes the plural, and neutral words and words of any gender include the neutral and other gender. 9. CONVICTED FELON STATEMENT. The Contractor complies with City Code § 2- 8(c) and no principal, member, or officer of the Contractor has, within the preceding five (5) years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsification or destruction of public records. 10. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy of this Agreement, but all of which, when taken together, shall constitute one and the same agreement. 11. DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM. A. In General. The Contractor agrees to abide by the City Code sections 70-496, et seq., to use its best efforts to carry out all applicable requirements of the City’s DBE Program for the administration of this Agreement, as set forth in the City Code and any applicable rules adopted thereunder. The City’s Office of Supplier Diversity (“OSD”) oversees the DBE Program and assigns a DBE Compliance Officer (“DBECO”) to ensure compliance. B. Monitoring. To ensure compliance with DBE requirements during the term of this Agreement, the DBECO will monitor the Contractor’ use of DBE subcontractors/suppliers (“DBE Entities”) through the following actions: 1. Job site visits; 2. Electronic payment tracking via the Contract Compliance Monitoring System or other means as approved by the OSD; 3. Routine audits of contract payments to all subcontractors; 4. Reviewing of records and reports; and/or 5. Interviews of selected personnel. The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor or DBE Entities.
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C. Cooperation. The Contractor shall: 1. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s DBE participation as well as document and maintain records of “Good Faith Efforts” with DBE Entities. 2. Execute written contracts with DBE Entities that meet the applicable DBE goals. a. The Contractor shall provide the DBECO with copies of said contracts within thirty (30) days from the date this Agreement is fully executed between the City and the Contractor. b. The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in accordance with law. 3. Establish and maintain the following records for review upon request by the OSD: a. Copies of written contracts with DBE Entities and purchase orders; b. Documentation of payments and other transactions with DBE Entities; c. Appropriate explanations of any changes or replacements of DBE Entities, which may include a record of “Post-Award Good Faith Efforts” for each certified firm that the Contractor does not use in accordance with the approved DBE participation submission; d. Any other records required by the OSD. The Contractor is required to maintain such records for three (3) years after completion or closeout of this Agreement. Such records are necessary to determine compliance with their DBE obligations. 4. Post monthly payments and submit regular reports to the DBECO as required via the online “Contract Compliance Monitoring System” or other means approved by the OSD. a. The Contractor shall submit the initial report outlining DBE participation within thirty (30) days from the date of notice to proceed (or equivalent document) issued by the City to the Contractor. Thereafter, “DBE Utilization” reports shall be due on or before the fifteenth (15th) day of each month until all DBE subcontracting work is completed. b. Reports are required even when no activity has occurred in a monthly period. c. If the established percentage is not being met, the monthly report shall include a narrative description of the progress being made in DBE participation. d. The Contractor may also be required to attach or upload copies of canceled checks or bank statements that identify payer, payee and amount of transfer to verify payment information as indicated on the form. 5. Conform to the established percentage as approved by the OSD.
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a. The total dollar amount of the Agreement shall include approved change orders and amendments. For a requirements contract, the total dollar amount shall be based in actual quantities ordered. b. No changes to the established percentage and DBE Entities submitted on DBE Compliance Form-1 shall be allowed without approval by the OSD. c. The City will not adjust the contract for any increase in cost due to replacement of DBE Entities. D. Post-Award Modification. The OSD may grant a post-award modification request if: a. for a reason beyond the Contractor’s control, the Contractor is unable to use the certified DBE entity submitted on DBE Compliance Form-1 to perform the specified work. The Contractor must notify the OSD of the intent for removal and substitution of a certified DBE immediately upon determination of that the DBE submitted on Compliance Form -1 is unable to perform the specified work. In such case, the Contractor shall use and document “Good Faith Efforts” to find a similarly qualified and certified DBE entity to perform such specified work. The same criteria used for establishing “Good Faith Efforts” in maximizing the participation of DBE Entities prior to awarding the Agreement will also apply to the substitution of DBE subcontractors during the performance of the Agreement; or b. the Contractor reasonably believes that, due to a change of scope, execution of the work in accordance with the directions from the City is unlikely to meet the established percentage or terms. In such case, the Contractor shall use and document “Good Faith Efforts” to achieve a reasonable amount of DBE participation on the remaining work on the Agreement. E. Failure to Comply During the term of the Agreement. If the DBECO determines in good faith that the Contractor failed to carry out the requirements of the DBE Program, such failure shall be deemed a material breach of this Agreement. This material breach may result in the termination of this Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the DBE Program. 12. DURATION. The term of this agreement shall be for five (5) years, beginning the effective date hereof, provided there is an encumbrance of funds by the requesting department made from the funds allotted by the Chief Administrative Officer, which are derived from appropriations made by the City Council. This agreement shall automatically terminate with respect to any period of time for which funds are not so encumbered. 13. ELECTRONIC SIGNATURE AND DELIVERY. The Parties agree that a manually signed copy of this Agreement and any other document(s) attached to this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. No legally binding obligation shall be created with respect to a party until such party has delivered or caused to be delivered a manually signed copy of this Agreement.
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14. EMPLOYEE VERIFICATION. The Contractor swears that (i) it is registered and participates in a status verification system to verify that all employees in the State of Louisiana are legal citizens of the United States or are legal aliens; (ii) it shall continue, during the term of this Agreement, to utilize a status verification system to verify the legal status of all new employees in the State of Louisiana; and (iii) it shall require all subcontractors to submit to the Contractor a sworn affidavit verifying compliance with items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this Agreement to termination, and may further result in the Contractor being ineligible for any public contract for a period of three years from the date the violation is discovered. The Contractor further acknowledges and agrees that it shall be liable for any additional costs incurred by the City occasioned by the termination of this Agreement or the loss of any license or permit to do business in the State of Louisiana resulting from a violation of this provision. The Contractor will provide to the City a sworn affidavit attesting to the above provisions if requested by the City. The City may terminate this Agreement for cause if the Contractor fails to provide such the requested affidavit or violates any provision of this paragraph. 15. ENTIRE AGREEMENT. This Agreement, including all incorporated documents, constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary or alter any terms or conditions of this Agreement. 16. EQUAL EMPLOYMENT OPPORTUNITY. In all hiring or employment made possible by, or resulting from this agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, affirmative action will be taken to ensure that the Contractor’s employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. This requirement shall apply to, 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. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. 17. EXCLUSIVE JURISDICTION AND VENUE. For all claims arising out of or related to this Agreement, the Contractor hereby consents and yields to the jurisdiction of the Civil District Court for the Parish of Orleans, and expressly waives any (A) pleas of jurisdiction based upon Contractor’s residence and (B) right of removal to federal court based upon diversity of citizenship. 18. EXTENSION. This Agreement may be extended at the option of the City, provided that funds are allocated by the Council of the City of New Orleans and the extension of the Agreement facilitates the continuity of services provided herein. This Agreement may be extended by the City for four (4) additional one-year terms. 19. INCORPORATION INTO SUBCONTRACTS. The Contractor will incorporate these Agreement Terms and Conditions into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with these provisions.
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20. INDEMNIFICATION. A. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, and judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or damage to persons or property arising from or relating to any act or omission or the operation of the Contractor, its agents or employees while engaged in or in connection with the discharge or performance of any Services under this Agreement; and for any and all claims and/or liens for labor, services, or materials furnished to the Contractor in connection with the performance of work under this Agreement. B. Limitation. The Contractor's indemnity does not extend to any loss arising from the gross negligence or willful misconduct of any of the Indemnified Parties, provided that neither the Contractor nor any of its agents or employees contributed to such gross negligence or willful misconduct. C. Independent Duty. The Contractor has an immediate and independent obligation to, at the City's option: (a) defend the City from or (b) reimburse the City for its costs incurred in the defense of any claim that actually or potentially falls within this indemnity, even if: (1) the allegations are or may be groundless, false, or fraudulent; or (2) the Contractor is ultimately absolved from liability. D. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred by the City in enforcing this indemnity. 21. INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will not hold itself or any of its employees, subcontractors or agents to be an employee, partner, or agent of the City. 22. LIMITATIONS OF THE CITY’S OBLIGATIONS. The City has no obligations not explicitly set forth in this Agreement or any incorporated documents or expressly imposed by law. 23. NO THIRD PARTY BENEFICIARIES. The Agreement is entered into for the exclusive benefit of the City and the Contractor, and the City and the Contractor expressly disclaim any intent to benefit anyone not a party to this Agreement. 24. NON-DISCRIMINATION. In the performance of this Agreement, the Contractor will not discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex (gender), sexual orientation, gender identity, domestic partner status, marital status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City working with the Contractor in any of Contractor’s operations within Orleans Parish or (2) any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the Contractor. The Contractor agrees to comply with and abide by all applicable federal, state and local laws relating to non-discrimination, including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.
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25. NON-EXCLUSIVITY. This Agreement is non-exclusive and the Contractor may provide services to other clients, subject to the City’s approval of any potential conflicts with the performance of this Agreement and the City may engage the services of others for the provision of some or all of the work to be performed under this Agreement. 26. NON-SOLICITATION. The Contractor has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure the subject Agreement. The Contractor has not paid or agreed to pay any person, other than a bona fide employee working for him, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the subject Agreement. 27. NON-WAIVER. The failure of the City to insist upon strict compliance with any provision of the Agreement, to enforce any right or to seek any remedy upon discovery of any default or breach of the Contractor at such time as the initial discovery of the existence of such noncompliance, right, default or breach shall not affect or constitute a waiver of the City’s right to insist upon such compliance, exercise such right or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent default or breach. 28. OWNERSHIP INTEREST DISCLOSURE. The Contractor will provide a sworn affidavit listing all natural or artificial persons with an ownership interest in the Contractor and stating that no other person holds an ownership interest in the Contractor via a counter letter. For the purposes of this provision, an “ownership interest” shall not be deemed to include ownership of stock in a publicly traded corporation or ownership of an interest in a mutual fund or trust that holds an interest in a publicly traded corporation. If the Contractor fails to submit the required affidavits, the City may, after thirty (30) days’ written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payments until such the required affidavits are submitted. 29. OWNERSHIP OF RECORDS. Upon final payment, all data collected and all products of work prepared, created or modified by Contractor in the performance of this Agreement, including without limitation any and all notes, tables, graphs, reports, files, computer programs, source code, documents, records, disks, original drawings or other such material, regardless of form and whether finished or unfinished, but excluding the Contractor’s personnel and administrative records and any tools, systems, and information used by the Contractor to perform the services under this Agreement, including computer software (object code and source code), know-how, methodologies, equipment, and processes and any related intellectual property (collectively, “Work Product”) will be the exclusive property of City and the City will have all right, title and interest in any Work Product, including without limitation the right to secure and maintain any copyright, trademark, or patent of Work Product in the City’s name. No Work Product may be reproduced in any form with the City’s express written consent. The City may use and distribute any Work Product for any purpose the City deems appropriate without the Contractor’s consent and for no additional consideration to the Contractor. 30. PERFORMANCE MEASURES. A. Factors. the City will measure the performance of the Contractor according to the following non-exhaustive factors: work performed in compliance with the terms of the Agreement; staff availability; staff training; staff professionalism; staff experience; customer service; communication and accessibility; prompt and effective correction of situations and
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conditions; timeliness and completeness of submission of requested documentation (such as records, receipts, invoices, insurance certificates, and computer-generated reports). B. Failure to Perform. If the Contractor fails to perform according to the Agreement, the City will notify the Contractor. If there is a continued lack of performance after notification, the City may declare the Contractor in default and may pursue any appropriate remedies available under the Agreement and/or any applicable law. In the event of a notification of default, the City will invoice the defaulting contractor for any increase in costs and other damages sustained by the City. Further, the City will seek full recovery from the defaulting contractor. 31. PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. No elected official or employee of the City shall have a financial interest, direct or indirect, in the Agreement, including through any financial interest held by the spouse, child, or parent. Any willful violation of this provision, with the expressed or implied knowledge of the Contractor, will render this Agreement voidable by the City and shall entitle the City to recover, in addition to any other rights and remedies available to the City, all monies paid by the City to the Contractor pursuant to this Agreement without regard to the Contractor’s satisfactory performance. 32. PROHIBITION ON POLITICAL ACTIVITY. None of the funds, materials, property, or services provided directly or indirectly under the terms of this Agreement shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 33. REMEDIES CUMULATIVE. No remedy set forth in the Agreement or otherwise conferred upon or reserved to any party shall be considered exclusive of any other remedy available to a party. Rather, each remedy shall be deemed distinct, separate and cumulative and each may be exercised from time to time as often as the occasion may arise or as may be deemed expedient. 34. SEVERABILITY. If a court of competent jurisdiction finds any provision of the Agreement to be unenforceable as written, the unenforceable provision should be reformed, if possible, so that it is enforceable to the maximum extent permitted by law, or, if reformation is not possible, the unenforceable provision will be fully severable and the remaining provisions of the Agreement will remain in full force and effect and will be construed and enforced as if the unenforceable provision was never a part the Agreement. 35. SUBCONTRACTOR REPORTING. The Contractor will provide a list of all natural or artificial persons who are retained by the Contractor at the time of the Agreement’s execution and who are expected to perform work as subcontractors in connection with the Contractor’s work for the City. For any subcontractor proposed to be retained by the Contractor to perform work on the Agreement with the City, the Contractor must provide notice to the City within thirty (30) days of retaining that subcontractor. If the Contractor fails to submit the required lists and notices, the City may, after thirty (30) days’ written notice to the Contractor, take any action it deems necessary, including, without limitation, causing the suspension of any payments, until the required lists and notices are submitted. 36. SURVIVAL OF CERTAIN PROVISIONS. All representations and warranties and all obligations concerning record retention, inspections, audits, ownership, indemnification,
RFP No. 2101-02003 Page 28 payment, remedies, jurisdiction, venue, choice of law, and warranties shall survive the expiration, suspension, or termination of the Agreement and continue in full force and effect. 37. SUSPENSION. The City may suspend this Agreement at any time and for any reason by giving two (2) business day’s written notice to the Contractor. The Contractor will resume work upon five (5) business day’s written notice from the City. 38. TERMINATION FOR CAUSE. The City may terminate this Agreement immediately for cause by sending written notice to the Contractor. “Cause” includes without limitation any failure to perform any obligation or abide by any condition of this Agreement or the failure of any representation or warranty in this Agreement, including without limitation any failure to comply with the requirements of the City’s Disadvantaged Business Enterprise program and any failure to comply with any provision of City Code § 2-1120 or requests of the Office of Inspector General. If a termination for cause is subsequently challenged in a court of law and the challenging party prevails, the termination will be deemed to be a termination for convenience effective thirty (30) days from the date of the original written notice of termination for cause was sent to the challenging party; no further notice will be required. 39. TERMINATION FOR CONVENIENCE. The City may terminate this Agreement at any time during the term of the Agreement by giving the Contractor written notice of the City’s intention to terminate at least thirty (30) days before the date of termination. 40. TERMINATION FOR NON-APPROPRIATION. This Agreement will terminate immediately in the event of non-appropriation of funds sufficient to maintain this Agreement without the requirement of notice and the City will not be liable for any amounts beyond the funds appropriated and encumbered for this Agreement. 41. TERMS BINDING. The terms and conditions of the Agreement are binding on any heirs, successors, transferees, and assigns. 42. WAIVER OF BENEFITS. The Contractor, as an independent contractor, will not receive from the City any sick and annual leave benefits, medical insurance, life insurance, paid vacations, paid holidays, sick leave, pension, or Social Security for any services rendered to the City under this Agreement.
[END OF ATTACHMENT “B”]
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City of New Orleans, Louisiana Request for Proposals to Engage in a Cooperative Endeavor For An Automated and On-Demand Bicycle Share System
Attachment “C”
DISADVANTAGED BUSINESS ENTERPRISE DBE) REQUIREMENTS
I - DBE PROGRAM COMPLIANCE The requirements of the City of New Orleans (“City”) Disadvantaged Business Enterprise (“DBE”) Program apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts. In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of the City, the City enacted the DBE Program for all City contracts. Contractor agree to use its best efforts to fully and completely carry out the applicable requirements of the City’s DBE Program in the award and administration of this Agreement, including without limitation, all reporting requirements and established DBE participation percentage. The Contractor’s failure to carry out these requirements, as determined in good faith by the City’s Office of Supplier Diversity (“OSD”), shall be deemed a material breach of this Agreement. This material breach may result in the termination of this Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the DBE Program II - DBE CONTRACT GOAL The requested DBE Contract Goal is listed in the contract section of the invitation to bid. NOTE: All non-public works contracts have a default goal of 35% DBE participation. Participation shall be counted toward meeting the contract goal based on the following: 1. Only business entities certified as SLDBE or LAUCP-DBE are counted toward the contract DBE participation goal. 2. The Bidder/Proposer may count only the total dollar value of the subcontract awarded to certified DBE subcontractor/supplier(s) toward the contract goal. 3. A Bidder/Proposer can count 100 % of the DBE’s participation provided that the DBE has committed to performing at least 51% of the work with its own forces. 4. Bidder/Proposer may count 100 % of DBE Manufacturer Supplier’s participation and 60 % of DBE Non-Manufacturer supplier’s participation toward its contract goal.
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5. When the Bidder/Proposer is in a joint venture with one or more DBE business entities, the OSD, after reviewing the joint venture agreement, shall determine the percent of participation that will be counted toward the contract goal. 6. Bidder/Proposer may count toward its contract goal only those DBE subcontractors/suppliers performing a Commercially Usefully Function. “DBE Commercially Useful Function means” a discrete task or group of tasks, the responsibility for performance of which shall be discharged by the DBE firm by using its own forces or by actively supervising on-site the execution of the tasks by another entity for whose work the DBE firm is responsible. In determining whether a certified firm is performing a commercially useful function, factors including, but not limited to, the following shall be considered: a. Whether the business entity has the skill and expertise to perform the work for which it is being utilized and possesses all necessary licenses; b. Whether the firm is in the business of performing, managing, or supervising the work for which it has been certified and is being utilized; c. Whether the DBE subcontractor is performing a real and actual service that is a distinct and verifiable element of the work called for in a contract. d. Whether the DBE subcontractor performed at least thirty percent (30%) of the cost of the subcontract (including the cost of materials, equipment or supplies incident to the performance of the subcontract) with their own forces. III - DBE DIRECTORY Contractors may only utilize certified SLDBE and/or Louisiana Unified Certification Program (LAUCP) DBE firms from the following lists to meet the City’s DBE Program goals. a. Contractors agree to utilize the City’s SLDBE directory of certified firms as a first source when searching for certified DBE business entities. The SLDBE directory includes entities certified through Sewerage and Water Board of New Orleans, New Orleans Aviation Board and Harrah’s New Orleans. The SLDBE directory is available at www.nola.gov. b. The Louisiana Unified Certification Program (“LA UCP”) directory is available at www.dotd.louisiana.gov. Information on locating these directories may also be requested from the OSD at [email protected]. IV - GOOD FAITH EFFORT POLICY In accordance with Sec.70-461 of the City Code, the City shall reject any bid and shall not award, enter into or amend any contract that is not supported by documentation establishing that the Bidder/Proposer has met the applicable contract DBE participation Goal or made Good Faith Efforts to the applicable contract DBE participation goal. Good Faith Efforts are steps taken to achieve a contract DBE participation goal or other requirements which, by their scope, intensity and usefulness demonstrate the Bidder’s or
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Proposer’s responsiveness to fulfilling the City’s DBE Program goals prior to the award of a contract, as well as the Contractor’s responsibility to put forth measures to meet or exceed the contract DBE participation goal throughout the duration of the contract. The OSD shall be responsible for determining whether a Bidder/Proposer has made their best efforts to achieve the DBE Program contracting objectives. In making this determination, the DBE Compliance Officer shall consider the following factors: A. SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR: i. Bidder/Proposer listed all selected scopes or portions of work to be performed by DBEs in order to increase the likelihood of meeting the contract goal for the project ii. Bidder/Proposer listed the estimated value of each scope or portions of work identified. B. NOTIFYING CERTIFIED DBEs OF CONTRACTING OPPORTUNITIES: i. Bidder/Proposer contacted the OSD to request submission of subcontracting opportunities on the DBE Opportunities page. ii. Bidder/Proposer included a copy of each announcement or notification. C. INITIAL SOLICITATION & FOLLOW-UP: i. Bidder/Proposer listed all certified DBE firms that received written notification of work items to be subcontracted and documented the certified firm’s response. ii. Bidder/Proposer included copies of the written notice(s) sent to certified firms. D. NEGOTIATE IN GOOD FAITH: i. Bidder/Proposer provided an explanation for any rejected DBE bid or price quotation. ii. Bidder/Proposer included a copy of the written rejection notice including the reason for rejection to the rejected DBE firm. If a Bidder/Proposer fails to submit documented Good Faith Efforts as outlined, the bid shall be considered non-responsive. The OSD may take into account the performance of other Bidders/Proposers in meeting the contract DBE participation goal and may, if deemed advisable, request further information, explanation or justification from any Bidder/Proposer. For example, Bidder’s past performance on similar contracts with similar scopes and/or a Proposer’s prior history utilizing DBEs will also be taken in consideration when determining Good Faith Efforts. Good Faith Efforts shall be monitored throughout the life of the contract and evaluated on a case-by-case basis in making a determination whether a Bidder or Proposer is in compliance with the Good Faith Effort policy.
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To obtain a copy of the Good Faith Effort Policy contact OSD at [email protected]. V - REQUIRED DBE FORMS for BIDs/RFPs/RFQs A. BIDs: In accordance with Louisiana Public Bid Law, the two apparent lowest bidders on an invitation to bid shall complete and submit all required post bid documents within three (3) business days of the bid opening. If the required post bid documents are not received within three (3) business days of the bid opening it shall be determined that bidder was non-responsive. The following DBE documents must be received within three (3) business days of the bid opening: 1. DBE Compliance Form-1: This form is used to establish your DBE commitment on a City of New Orleans bid, RFP or solicitation response. The Bidder shall provide a list of all proposed DBE subcontractor(s). If the Bidder has attained the amount of DBE participation to meet the contract goal, only submit DBE Compliance Form-1. 2. DBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount of DBE participation committed on DBE Compliance Form-1 is less than the Contract Goal. The Bidder shall provide all required supporting documentation of demonstrated Good Faith Efforts as specified on DBE Compliance Form-2. 3. After receipt and review of the required post-bid documents, the OSD will determine if the Bidder has provided valid DBE Compliance Forms and (if applicable) evidence of demonstrated Good Faith Efforts. Thereafter, the Bidder/Contractor shall be bound by the established percentage, as approved by the OSD. B. Request for Proposals (“RFP”) / Request for Qualifications (“RFQs”): To ensure the full participation of DBE’s in all phases of the City’s procurement activities, all Proposers at time of proposal submission shall complete and submit a DBE Participation Plan. 1. DBE Participation Plan: A completed DBE Participation Plan shall be considered a methodology on how the Proposer plans to meet the contract DBE participation goal if awarded the project. a. If a DBE Participation Plan is not submitted, it shall be determined that the Respondent was non-responsive to the DBE provisions and the proposal will not be evaluated by the selection committee. 2. Within ten (10) days of the City’s issuance of the Notice to Award letter, the selected Proposer shall complete and submit a DBE Compliance Form-1: This form is used to establish your DBE commitment on a City Bid, RFP or solicitation response. The selected Proposer shall provide a list of all proposed DBE subcontractor(s).
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a. If the amount of DBE participation committed on DBE Compliance Form- 1 is less than the Contract Goal, the selected Proposer shall complete DBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount of DBE participation committed on DBE Compliance Form-1 is less than the contract DBE participation goal. The selected proposer shall provide all required supporting documentation of demonstrated Good Faith Efforts as specified on DBE Compliance Form- 2. The OSD shall review the contents of all required DBE Compliance Forms and may, if deemed advisable, request further information, explanation or justification from any Bidder/Respondent. Thereafter, the Contractor shall be bound by the established percentage, as approved by the OSD. VI - CONTRACTOR COOPERATION The Contractor shall: 6. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s DBE participation as well as document and maintain records of “Good Faith Efforts” with DBE subcontractors/suppliers (“DBE Entities”). 7. Execute written contracts with DBE Entities that meet the applicable DBE goals. c. The Contractor shall provide the DBE Compliance Officer (“DBECO”) with copies of said contracts within thirty (30) days from the date the Agreement is fully executed between the City and the Contractor. d. The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in accordance with law. 8. Establish and maintain the following records for review upon request by the OSD: e. Copies of written contracts with DBE Entities and purchase orders; f. Documentation of payments and other transactions with DBE Entities; g. Appropriate explanations of any changes or replacements of DBE Entities, which may include a record of “Post-Award Good Faith Efforts” for each certified firm that the Contractor does not use in accordance with the approved DBE participation submission; h. Any other records required by the OSD. The Contractor is required to maintain such records for three (3) years after completion or closeout of the Agreement. Such records are necessary to determine compliance with their DBE obligations. 9. Post monthly payments and submit regular reports to the DBECO as required via the online “Contract Compliance Monitoring System” or other means approved by the OSD. e. The Contractor shall submit the initial report outlining DBE participation within thirty (30) days from the date of notice to proceed (or equivalent document) issued by the City to the Contractor. Thereafter, “DBE
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Utilization” reports shall be due on or before the fifteenth (15th) day of each month until all DBE subcontracting work is completed. f. Reports are required even when no activity has occurred in a monthly period. g. If the established percentage is not being met, the monthly report shall include a narrative description of the progress being made in DBE participation. h. The Contractor may also be required to attach or upload copies of canceled checks or bank statements that identify payer, payee and amount of transfer to verify payment information as indicated on the form. 10. Conform to the established percentage as approved by the OSD. d. The total dollar amount of the Agreement shall include approved change orders and amendments. For a requirements contract, the total dollar amount shall be based in actual quantities ordered. e. No changes to the established percentage and DBE Entities submitted on DBE Compliance Form-1 shall be allowed without approval by the OSD. f. The City will not adjust the contract for any increase in cost due to replacement of DBE Entities. VII - POST-AWARD MODIFICATION The OSD may grant a post-award modification request if: c. for a reason beyond the Contractor’s control, the Contractor is unable to use the certified DBE entity submitted on DBE Compliance Form-1 to perform the specified work. The Contractor must notify the OSD of the intent for removal and substitution of a certified DBE immediately upon determination of that the DBE submitted on Compliance Form -1 is unable to perform the specified work. In such case, the Contractor shall use and document “Good Faith Efforts” to find a similarly qualified and certified DBE entity to perform such specified work. The same criteria used for establishing “Good Faith Efforts” in maximizing the participation of DBE Entities prior to awarding the Agreement will also apply to the substitution of DBE subcontractors during the performance of the Agreement; or d. the Contractor reasonably believes that, due to a change of scope, execution of the work in accordance with the directions from the City is unlikely to meet the established percentage or terms. In such case, the Contractor shall use and document “Good Faith Efforts” to achieve a reasonable amount of DBE participation on the remaining work on the Agreement. VIII - MONITORING DBE PARTICIPATION To ensure compliance with DBE requirements during the term of the Agreement, the DBECO will monitor the Contractor’ use of DBE subcontractors/suppliers (“DBE Entities”) through the following actions:
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6. Job site visits; 7. Electronic payment tracking via the Contract Compliance Monitoring System or other means as approved by the OSD; 8. Routine audits of contract payments to all subcontractors; 9. Reviewing of records and reports; and/or 10. Interviews of selected personnel. The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor or DBE Entities. IX - FAILURE TO COMPLY If the DBECO determines in good faith that the Contractor failed to carry out the requirements of the DBE Program, such failure shall be deemed a material breach of this Agreement. This material breach may result in the termination of the Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the DBE Program.
All DBE Compliance forms are maintained by the OSD and are subject to change. Please contact the OSD at [email protected] to request a copy of all DBE referenced documents. END OF DOCUMENT
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Contact Office of Supplier Diversity for OFFICE OF SUPPLIER DIVERSITY questions on completing this form. Via email: [email protected] CITY OF NEW ORLEANS OR DBE Participation Plan 1340 Poydras Street, 10th Floor
Overview
All Respondents (including DBEs) at time of proposal submission shall complete and submit a DBE Participation Plan. The DBE Participation Plan shall be considered a methodology as to how the Respondent plans to meet the DBE contract goal if awarded the project.
If a DBE Participation Plan is not submitted, it shall be determined that the Respondent was non-responsive to the City of New Orleans DBE Program provisions. The Office of Supplier Diversity shall submit such determination to the RFP/RFQ Selection Committee at the time of the Selection Committee meeting with a recommendation of rejecting the proposal from consideration.
Upon receipt of a completed DBE Participation Plan, the Office of Supplier Diversity Director shall evaluate and make a determination as to whether the DBE Plan is a responsive plan that provides a methodology on how the Respondent plans to meet the City’s DBE participation goals.
The factors prescribed herein are not intended to be a mandatory checklist, nor is it intended to be exhaustive or exclusive, but a guide to improving the use of DBE’s and to growing successful DBE businesses for the long-term.
The Office of Supplier Diversity may consider other factors or types of efforts that may be relevant in appropriate cases. Please see Good Faith Efforts policy for further guidance.
Notification of Award Within ten (10) days of the City’s issuance of the Intent Award Letter, the Respondent shall complete and submit a DBE Compliance Form-1. This form is used to list your primary DBE subcontractor(s) on a City of New Orleans Bid, RFP or solicitation response. If the amount of participation is less than the Contract Goal, the Respondent shall complete and submit DBE Compliance Form-2 along with all required supporting documentation of demonstrated Good Faith Efforts. The Good Faith Effort policy and all DBE Compliance forms are available on www.nola.gov or by request at [email protected].
Restoration Tax Abatement Applicants The City of New Orleans DBE Program requirements apply to Restoration Tax Abatement (RTA) credits for commercial structures and owner- occupied residential properties exceeding six (6) residential units. Please include a completed DBE Participation Plan with your final application.
Page 1 of 4 DBE Participation Plan Revised 11/2014
Contact Office of Supplier Diversity for OFFICE OF SUPPLIER DIVERSITY questions on completing this form. Via email: [email protected] CITY OF NEW ORLEANS OR DBE Participation Plan 1340 Poydras Street, 10th Floor
Section I. Respondent
Company Certified DBE □ Yes □ No
Address
Telephone E-Mail
RFP/RFQ Solicitation Number Project Description
DBE PARTICIPATION PLAN SUBMITTED BY:
Printed Name: ______
Signature: ______Date: ______
Title: ______
The following employee will be designated as the DBE Liaison for all communication regarding DBE participation including documentation for DBE participation and maintenance of records of Good Faith Efforts for this contract award:
Name: ______Title: ______
Address: ______
Telephone: ______E‐Mail: ______
Page 2 of 4 DBE Participation Plan Revised 11/2014
Contact Office of Supplier Diversity for OFFICE OF SUPPLIER DIVERSITY questions on completing this form. Via email: [email protected] CITY OF NEW ORLEANS OR DBE Participation Plan 1340 Poydras Street, 10th Floor
Section II. DBE Participation Plan Method
The following method was used to develop the DBE Participation Plan. Please explain:
1. Has your firm worked with DBE firms in the past? If yes, describe the results of that working relationship. ______
2. Based on the scope of services requested by the City, what DBE subcontracting opportunities were identified to increase the likelihood of meeting the contract goal. ______
3. Describe the outreach methods that your firm will use to encourage and incorporate DBE firms in this project. ______
4. If No DBE subcontract opportunities were identified, please explain: ______
ATTACH ADDITIONAL PAGES IF ADDITIONAL SPACE IS REQUIRED
Page 3 of 4 DBE Participation Plan Revised 11/2014
Contact Office of Supplier Diversity for OFFICE OF SUPPLIER DIVERSITY questions on completing this form. Via email: [email protected] CITY OF NEW ORLEANS OR DBE Participation Plan 1340 Poydras Street, 10th Floor
Section III. DBE Subcontractor's Scope of Work (Optional)
If you have identified your DBE(s), please provide the name of the firm(s), and the services, products and/or scope of work. Attach additional pages if necessary.
Name of Firm: ______Firm Contact: ______
Telephone: ______E-Mail: ______
Describe below or attach the work to be performed by the DBE firm ______
Estimated Dollar Value for Scope of Work ($): ______
Name of Firm: ______Firm Contact: ______Telephone: ______E-Mail: ______
Describe below or attach the work to be performed by the DBE firm______
Estimated Dollar Value for Scope of Work ($): ______
Name of Firm: ______Firm Contact: ______Telephone: ______E-Mail: ______
Describe below or attach the work to be performed by the DBE firm ______Estimated Dollar Value for Scope of Work ($): ______
Page 4 of 4 DBE Participation Plan Revised 11/2014
Attachment “D” CITY OF NEW ORLEANS TAX CLEARANCE AUTHORIZATION
According to Section 2-8 of the Code of the City of New Orleans, Louisiana 1995, the City may not enter into or make payments under a contract, grant or cooperative endeavor agreement with any person, corporation, or entity delinquent in City taxes. This form supplies the needed tax clearance. This clearance is issued without prejudice to any tax liabilities discovered by audit. Please refer to the instructions on the back of this form
BUSINESS NAME:
OWNER’S NAME: REAL ESTATE TAX NUMBER:
TYPE OF BUSINESS:
BUSINESS ADDRESS:
PERSONAL PROPERTY TAX NUMBER:
MAILING ADDRESS:
CONTACT TELEPHONE: SALES TAX/OCCUPATIONAL LICENSE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS: ______
PRINT NAME: TITLE:
AUTHORIZED SIGNATURE: DATE SIGNED: I certify that I have the authority to execute this form with respect to the tax matters covered and that the above is true and correct. The City of New Orleans is authorized to inspect and/or receive confidential tax information.
BUREAU OF REVENUE (Room 1W15) BUREAU OF TREASURY (Room 1W37) This clearance covers Occupational License and Sales/Use taxes. This clearance covers Ad Valorem taxes for Real Estate and Business Property taxes. I hereby assert that after review of the taxpayer’s records of this date that I hereby assert that after review of the taxpayer’s records of this date the taxpayer IS NOT delinquent in any taxes owed to the city. This that the taxpayer IS NOT delinquent in any taxes owed to the city. clearance covers the period today through March 1, 20_____. The above This clearance covers the period today through March 1, 20_____. clearance may be revoked for failure to pay sales tax.
______COLLECTOR OF REVENUE DATE TREASURY CHIEF DATE
I attest that the taxpayer named above is not delinquent in any taxes owed to the city.
______DIRECTOR OF FINANCE DATE
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CITY OF NEW ORLEANS TAX CLEARANCE AUTHORIZATION INSTRUCTIONS
1. To complete this form, provide all of the information requested. Failure to fill in ALL information requested will delay processing. If the form is not signed and dated, the form will not be processed.
2. Complete, sign and date the authorization form and submit to the Department with whom you are contracting.
3. This form authorizes the City of New Orleans to inspect and/or receive your confidential tax information.
4. This Tax Clearance Authorization will not be honored for any purpose other than contracting with the City of New Orleans.
5. The following requirements must be met in order for a Tax Clearance Authorization form to be approved by the City of New Orleans. It is recommended that all outstanding tax and business registration be completed prior to processing the form to expedite contract execution.
Real Estate/Personal Property Tax o Businesses are required to be current in payment of all Real Estate Tax and Personal Property Tax. o A business can visit the City of New Orleans’ website, www.nola.gov at the Bureau of Treasury webpage to pay outstanding Real Estate and Personal Property taxes due. o A business can mail outstanding tax payments to City of New Orleans, Bureau of the Treasury 1300 Perdido St., Room 1W38, New Orleans, La. 70112.
Sales Tax/Occupational License o All businesses are required to have a City of New Orleans Sales Tax number. o If the business is located within Orleans Parish, an Occupational License is also required. If the business is domiciled outside of Orleans Parish, a registration is required to be completed to obtain a Revenue account number. o If a business is not registered, a New Business Application must be completed. The application can be found on the City of New Orleans’ website, www.nola.gov, at the Bureau of Revenue webpage. Under Online Revenue Documents, an application can be downloaded and returned to the City of New Orleans, Bureau of Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA 70112. Any questions may be forwarded to Revenue Administration, 658-1695 or 658-1666. o Non-profit organizations must comply with the Occupational License requirements by completing a New Business Application. The application can be found on the City of New Orleans’ website, www.nola.gov, at the Bureau of Revenue webpage. Under Online Revenue Documents, an application can be downloaded and returned to the City of New Orleans, Bureau of Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA 70112. Any questions may be forwarded to Revenue Administration, 658-1695 or 658- 1666. o Once exempt status is confirmed for the non-profit organization, the organization is exempt from Occupational License fees. Revised Tax Clearance Authorization, April 20, 2012
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Attachment “E”
CITY OF NEW ORLEANS IDENTIFICATION OF SUBCONTRACTORS
STATE OF LOUISIANA PARISH OF
Before me, the undersigned authority, came and appeared , who, being first duly sworn, deposed and said that:
1. He/She is the and authorized representative of , hereafter called “Respondent.”
2. The Respondent submits the attached proposal in response to City of New Orleans Proposal #______.
3. The Respondent hereby identifies the following persons, natural or artificial, who are retained by Respondent at the time the attached proposal is submitted and who are expected to perform work as subcontractors in connection with the Respondent’s work for the City. Respondent hereby acknowledges and agrees that when new subcontractors not previously named are added to the project, they must be promptly identified to the City User Department within 48 hours of the change. The official change may not take place unless and until the City provides its written approval. ______Person(s) and Company Name (if applicable
______
______
Respondent Representative (Signature)
(Print or type name)
______(Address)
Sworn to and subscribed before me, ______, Notary Public, this _____day of ______,
2011___.
______Notary Public (signature) Notary ID#/Bar Roll #
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Attachment “F”
CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
STATE OF LOUISIANA
PARISH OF
Before me, the undersigned authority, came and appeared , who, being first duly sworn, deposed and said that:
4. He/She is the and authorized representative of , hereafter called “Respondent.”
5. The Respondent submits the attached proposal in response to City of New Orleans Proposal #______.
6. The Respondent hereby confirms that a conflict(s) of interest exists/does not exist/may exist in connection with this solicitation which might impair Respondent’s ability to perform if awarded the contract, including any familial or business relationships that the Respondent, the proposed subcontractors, and their principals have with city officials or employees. (If a conflict(s) of interest exists and/or may exist, describe in a letter the nature of the conflict, the parties involved and why there is a conflict. Attach said letter to this form).
Respondent Representative (Signature)
(Print or type name)
______(Address)
Sworn to and subscribed before me, ______, Notary Public, this _____day of ______,
20___.
______Notary Public (signature) Notary ID#/Bar Roll #
RFP No. 2101-02003 Page 40
Attachment “G”
SAMPLE CONTRACT AGREEMENT
COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE CITY OF NEW ORLEANS AND PARTY NAME PROJECT DESCRIPTION [not required] THIS COOPERATIVE ENDEAVOR AGREEMENT (the “Agreement”) is entered into by and between the City of New Orleans, represented by Mitchell J. Landrieu, Mayor (the “City”), and NAME OF PARTY, represented by NAME AND TITLE OF INDIVIDUAL INDICATED IN PROOF OF SIGNING AUTHORITY (the “Party Reference”). The City and the Contractor may sometimes be collectively referred to as the “Parties.” The Agreement is effective as of the date of execution by the City (the “Effective Date”). RECITALS WHEREAS, the City is a political subdivision of the State of Louisiana; WHEREAS, the Party Reference is a TYPE OF ENTITY (POLITICAL SUBDIVISION OR POLITICAL CORPORATION OF THE STATE, A PRIVATE OR PUBLIC, CORPORATION, LLC, NON-PROFIT, PARTNERSHIP, AN INDIVIDUAL, A PUBLIC OFFICIAL, ETC.), which principal address is located at MAILING ADDRESS OF CONTRACTOR; WHEREAS, pursuant to Article 7, Section 14(C) of the Louisiana Constitution of 1974, and related statutes, and Section 9-314 of the Home Rule Charter of the City of New Orleans, the City may enter into cooperative endeavors with the State of Louisiana, its political subdivisions and corporations, the United States and its agencies, and any public or private corporation, association, or individual with regard to cooperative financing and other economic development activities, the procurement and development of immovable property, joint planning and implementation of public works, the joint use of facilities, joint research and program implementation activities, joint funding initiatives, and other similar activities in support of public education, community development, housing rehabilitation, economic growth, and other public purposes; [As necessary, insert additional “WHEREAS” clauses to describe the factual background for this CEA] WHEREAS, the City and the Party Reference desire to accomplish a valuable public purpose of [insert general description of public purpose to be served] by [insert general description of activity in the CEA];
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WHEREAS, the Party Reference [insert general description of what the party will give or do and what the City will receive]; and WHEREAS, the City [insert general description of what the City will give or do]. NOW THEREFORE, the City and the Party Reference, each having the authority to do so, agree as follows: ARTICLE I - THE PARTY REFERENCE’S OBLIGATIONS A. Services. The Contractor/Consultant/Other will, in accordance with the schedule approved by the City: [Insert specific statements of all things the contractor will do or give, any time frame for performance, and any incidental responsibilities (including invoicing, recordkeeping, etc.) (except those that are listed elsewhere)]; 1. ______; a. ______; i. ______; ii. ______; b. ______; 2. ______; 3. Perform all other services and obligations as set forth in any the following documents that are incorporated fully into this Agreement: the RFP; [identify any addenda with dates]; the Contractor/Consultant/Other’s proposal dated Month Day, Year. 4. Submit complete and accurate invoices, maintain records, submit to audits and inspections, maintain insurance, and perform all other obligations of the Contractor/Consultant/Other as set forth in this Agreement; 5. Promptly correct any errors or omissions and any work deemed unsatisfactory or unacceptable by the City, at no additional compensation; 6. Monitor, supervise, and otherwise control and be solely responsible for all persons performing work on its behalf; 7. Perform all requirements set forth in La. R.S. 38:2192, including without limitation the payment of any associated costs, and submit a copy of any recorded documents to the City within thirty (30) days after the approval of the associated plan change or amendment; and 8. Cooperate with the City and any person performing work for the City. The City’s officers and employees are not authorized to request or instruct the Contractor/Consultant/Other to perform any work beyond the scope or duration of this Agreement in the absence of an executed amendment to this Agreement. B. Standards. The Contractor/Consultant/Other, and any person performing work on its behalf, will perform all work under this Agreement in accordance with [identify any professional or other standards specifically applicable to these services].
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C. Compliance with Laws. The Contractor/Consultant/Other, and any person performing work on its behalf, will comply with all applicable federal, state, and local laws and ordinances, including, without limitation, [identify any legal requirements specifically applicable to these services]. D. Schedule. 1. The Contractor/Consultant/Other will perform all work under this Agreement according to the following schedule: [Insert any applicable schedule] The Contractor/Consultant/Other will submit a proposed progress schedule to the City within fourteen (14) calendar days of receiving written authorization to proceed from the City. At a minimum, the proposed progress schedule must include the following information and be arranged so the actual progress can be shown as work is completed: [Insert any applicable schedule requirements]. 2. The City has the sole right to approve, reject, or require changes to all schedules relating to the performance of this Agreement, including, without limitation, any proposed progress schedule and any requests for modifications. 3. The Contractor/Consultant/Other acknowledges and agrees that time is of the essence in the performance of this Agreement. E. Invoices. 1. The Contractor/Consultant/Other will submit monthly/quarterly/other invoices for work performed under this Agreement to the City no later than ten (10) calendar days following the end of the period covered by the invoice. Untimely invoices may result in delayed payment for which the City is not liable. At a minimum, each invoice must include the following information and supporting documentation: list information & documents required to be submitted with invoice. 2. All invoices must be signed by an authorized representative of the Contractor/Consultant/Other under penalty of perjury attesting to the validity and accuracy of the invoice. 3. The City may require changes to the form of the invoice and may require additional supporting documentation to be submitted with invoices. F. Records and Reporting. 1. The Contractor will maintain all books, documents, papers, accounting records, invoices, materials records, payrolls, work papers, personnel records, and other evidence pertaining to the performance of services under this Agreement, including, without limitation, of costs incurred through the later of number of years written and numerically years from: (a) the completion of this Agreement (including any renewal or extension periods); or (b) from the resolution of any dispute relating to the Agreement. If this Agreement is terminated for any reason, the Contractor will deliver to the City all plans and records of work compiled through the date of termination. 2. The Contractor/Consultant/Other will identify any reporting requirements, including the frequency, method, and contents.
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3. 311 Integration: The Contractor/Consultant/Other will provide work progress updates and other information as required by the City through the City’s designated customer service system (“NOLA 311”) within forty-eight (48) hours of any event. The Contractor/Consultant/Other is responsible for ensuring that it has the capabilities to use NOLA 311 as required by this paragraph and will not be entitled to any additional compensation for the performance of these requirements. 4. The Contractor/Consultant/Other is solely responsible for the relevance and accuracy of all items and details included in any reports relating to the work performed under this Agreement, regardless of any review by the City. G. Audit and Inspection. 1. The Contractor/Consultant/Other will submit to any City audit, inspection, and review and, at the City’s request, will make available all documents relating or pertaining to this Agreement maintained by or under the control of the Contractor/Consultant/Other, its employees, agents, assigns, successors and subcontractors, during normal business hours at the Contractor/Consultant/Other’s office or place of business in Louisiana. If no such location is available, the Contractor/Consultant/Other will make the documents available at a time and location that is convenient for the City. 2. The Contractor/Consultant/Other will abide by all provisions of City Code § 2-1120, including but not limited to City Code § 2-1120(12), which requires the Contractor/Consultant/Other to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of the contract. The Contractor/Consultant/Other agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena. ARTICLE II - THE CITY’S OBLIGATIONS A. Administration. The City will: 1. Administer this Agreement through the NAME OF THE CITY DEPARTMENT RESPONSIBLE FOR MONITORING THIS AGREEMENT; 2. Provide the Party Reference with IDENTIFY ANY SPECIFIC DOCUMENTS TO BE PROVIDED and other documents deemed necessary for the Party Reference’s performance of any work required under this Agreement; 3. Provide access to Department personnel to discuss the required services during normal working hours, as requested by the Party Reference; and 4. INSERT ANY ADDITIONAL OBLIGATIONS FOR THE CITY. ARTICLE III – FUNDING OR COMPENSATION A. Maximum Amount. The maximum amount funded OR payable by the City under this Agreement is INSERT NUMERICAL MAXIMUM DOLLAR AMOUNT. B. [Add any related information and conditions] ARTICLE IV - DURATION AND TERMINATION A. Term. The term of this agreement shall be for 1 year from the Effective Date.
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B. Extension. The City can opt to extend the term of this Agreement for XXX year(s) provided that the City Council approves it as a multi-term cooperative endeavor agreement and that additional funding, if required, is allocated by the City Council. C. Termination for Convenience. The City may terminate this Agreement at any time during the term of the Agreement by giving the Party Reference written notice of the termination at least 30 calendar days before the intended date of termination. D. Termination for Cause. The City may terminate this Agreement immediately for cause by sending written notice to the Contractor. “Cause” includes without limitation any failure to perform any obligation or abide by any condition of this Agreement or the failure of any representation or warranty in this Agreement, including without limitation any failure to comply with the requirements of the City’s Disadvantaged Business Enterprise program and any failure to comply with any provision of City Code § 2-1120 or requests of the Office of Inspector General. If a termination for cause is subsequently challenged in a court of law and the challenging party prevails, the termination will be deemed to be a termination for convenience effective 30 days from the date of the original written notice of termination for cause was sent to the challenging party; no further notice will be required. E. Termination for Non-Appropriation. This Agreement will terminate immediately in the event of non-appropriation of funds sufficient to maintain this Agreement without the requirement of notice and the City will not be liable for any amounts beyond the funds appropriated and encumbered for this Agreement. ARTICLE V - INDEMNITY E. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, and judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or damage to persons or property arising from or relating to any act or omission or the operation of the Contractor, its agents or employees while engaged in or in connection with the discharge or performance of any Services under this Agreement; and for any and all claims and/or liens for labor, services, or materials furnished to the Contractor in connection with the performance of work under this Agreement. F. Limitation. The Contractor's indemnity does not extend to any loss arising from the gross negligence or willful misconduct of any of the Indemnified Parties, provided that neither the Contractor nor any of its agents or employees contributed to such gross negligence or willful misconduct. G. Independent Duty. The Contractor has an immediate and independent obligation to, at the City's option: (a) defend the City from or (b) reimburse the City for its costs incurred in the defense of any claim that actually or potentially falls within this indemnity, even if: (1) the allegations are or may be groundless, false, or fraudulent; or (2) the Contractor is ultimately absolved from liability. H. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred by the City in enforcing this indemnity.
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ARTICLE VI - INSURANCE 3. Except as otherwise noted, at all times during this Agreement or the performance of work required by this Agreement, the Party Reference will maintain the following insurance in full force and effect for the duration of the work under this Agreement: INSERT ANY APPLICABLE INSURANCE REQUIREMENTS APPROVED BY THE CITY’S RISK MANAGER a. Minimum Requirements: i. Commercial General Liability (“CGL”): ii. Worker’s Compensation: iii. Professional Liability (Errors and Omissions): b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insured Status. ii. Primary Coverage. iii. Claims Made Policies. iv. Waiver of Subrogation. v. Notice of Cancellation. vi. Acceptability of Insurers. 4. The Party Reference will provide the City’s Risk Manager (at City of New Orleans Attn: Risk Manager, 1300 Perdido Street, Suite 9E06, New Orleans, LA 70112 – Ref.: RFP or RFQ No. xxxxxx) within 10 calendar days of the Effective Date and at any other time at the City’s request the following documents: a. Proof of coverage for each policy of insurance required by this Agreement; b. Copy of the fully executed Agreement; c. Copies of all policies of insurance, including all policies, forms, and endorsements; and d. Statements disclosing any policy aggregate limit. 5. Without notice from the City, the Party Reference will: a. Replenish any policy aggregate limit that is impaired before commencement of any work or continuation of any work under this Agreement; b. Substitute insurance coverage acceptable to the City within 30 calendar days if any insurance company providing any insurance with respect to this Agreement is declared bankrupt, becomes insolvent, loses the right to do
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business in Louisiana, or ceases to meet the requirements of this Agreement; and c. Notify the City’s Risk Manager in writing within 48 hours of its receipt of any notice of non-renewal, cancellation, or reduction in coverage or limits affecting any policy of insurance maintained under this Agreement. ARTICLE VII - PERFORMANCE MEASURES A. Factors. The City will measure the performance of the Party Reference according to the following non-exhaustive factors: work performed in compliance with the terms of the Agreement; staff availability; staff training; staff professionalism; staff experience; customer service; communication and accessibility; prompt and effective correction of situations and conditions; timeliness and completeness of submission of requested documentation (such as records, receipts, invoices, insurance certificates, and computer-generated reports). B. Failure to Perform. If the Party Reference fails to perform according to the Agreement, the City will notify the Party Reference. If there is a continued lack of performance after notification, the City may declare the Party Reference in default and may pursue any appropriate remedies available under the Agreement and/or any applicable law. In the event of a notification of default, the City will invoice the defaulting contractor for any increase in costs and other damages sustained by the City. Further, the City will seek full recovery from the defaulting contractor. ARTICLE VIII - NON-DISCRIMINATION A. Equal Employment Opportunity. In all hiring or employment made possible by, or resulting from this Agreement, the Party Reference (1) will not be discriminate against any employee or applicant for employment because of race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, will take affirmative action to ensure that the Contractor’s employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. This requirement shall apply to, 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. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. B. Non-Discrimination. In the performance of this Agreement, the Party Reference will not discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex (gender), sexual orientation, gender identity, domestic partner status, marital status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City working with the Party Reference in any of Party Reference’s operations within Orleans Parish or (2) any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the Contractor. The Party Reference agrees to comply with and abide by all applicable federal, state and local laws relating to non-discrimination, including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973,
RFP No. 2101-02003 Page 47 and the Americans with Disabilities Act of 1990. C. Incorporation into Subcontracts. The Party Reference will incorporate the terms and conditions of this Article into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with those provisions. D. The City may terminate this Agreement for cause if the Party Reference fails to comply with any obligation in this Article, which failure is a material breach of this Agreement. ARTICLE IX - INDEPENDENT CONTRACTOR A. Independent Contractor Status. The Party Reference is an independent contractor and shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will not hold itself or any of its employees, subcontractors or agents to be an employee, partner, or agent of the City. B. Exclusion of Worker’s Compensation Coverage. The City will not be liable to the Party Reference, as an independent contractor as defined in La. R.S. 23:1021(6), for any benefits or coverage as provided by the Workmen’s Compensation Law of the State of Louisiana. Under the provisions of La. R.S. 23:1034, any person employed by the Party Reference will not be considered an employee of the City for the purpose of Worker’s Compensation coverage. C. Exclusion of Unemployment Compensation Coverage. The Party Reference, as an independent contractor, is being hired by the City under this Agreement for hire and defined in La. R.S. 23:1472(E) and neither the Party Reference nor anyone employed by it will be considered an employee of the City for the purpose of unemployment compensation coverage, which coverage same being hereby expressly waived and excluded by the parties, because: (a) the Party Reference has been and will be free from any control or direction by the City over the performance of the services covered by this contract; (b) the services to be performed by the Party Reference are outside the normal course and scope of the City’s usual business; and (c) the Party Reference has been independently engaged in performing the services required under this Agreement prior to the date of this Agreement. D. Waiver of Benefits. The Party Reference, as an independent contractor, will not receive from the City any sick and annual leave benefits, medical insurance, life insurance, paid vacations, paid holidays, sick leave, pension, or Social Security for any services rendered to the City under this Agreement. ARTICLE X - NOTICE A. In General. Except for any routine communication, any notice, demand, communication, or request required or permitted under this Agreement will be given in writing and delivered in person or by certified mail, return receipt requested as follows: 1. To the City: NAME AND ADDRESS OF THE CITY DEPARTMENT RESPONSIBLE FOR MONITORING THIS AGREEMENT & City Attorney City of New Orleans
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1300 Perdido Street, Suite 5E03 New Orleans, LA 70112 2. To the Contractor: NAME AND ADDRESS OF POINT OF CONTACT FOR PARTY REFERENCE TO RECEIVE NOTICES B. Effectiveness. Notices are effective when received, except any notice that is not received due to the intended recipient’s refusal or avoidance of delivery is deemed received as of the date of the first attempted delivery. C. Notification of Change. Each party is responsible for notifying the other in writing that references this Agreement of any changes in its address(es) set forth above. ARTICLE XI - ADDITIONAL PROVISIONS A. Amendment. No amendment of or modification to this Agreement shall be valid unless and until executed in writing by the duly authorized representatives of both parties to this Agreement. B. Assignment. This Agreement and any part of the Party Reference’s interest in it are not assignable or transferable without the City’s prior written consent. C. Audit and Other Oversight. The Party Reference will abide by all provisions of City Code § 2-1120, including without limitation City Code § 2-1120(12), which requires the Party Reference to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests is a material breach of the Agreement. In signing this Agreement, the Party Reference agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena. D. Choice of Law. This Agreement will be construed and enforced in accordance with the laws of the State of Louisiana without regard to its conflict of laws provisions. E. Conflicting Employment. To ensure that the Party Reference’s efforts do not conflict with the City’s interests, and in recognition of the Party Reference’s obligations to the City, the Party Reference will decline any offer of other employment if its performance of this Agreement is likely to be adversely affected by the acceptance of the other employment. The Party Reference will promptly notify the City in writing of its intention to accept the other employment and will disclose all possible effects of the other employment on the Party Reference’s performance of this Agreement. The City will make the final determination whether the Contractor may accept the other employment. F. Construction of Agreement. Neither party will be deemed to have drafted this Agreement. This Agreement has been reviewed by the Parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of the Parties. No term of this Agreement shall be construed or resolved in favor of or against the City or the Party Reference on the basis of which party drafted the uncertain or ambiguous language. The headings and captions of this Agreement are provided for convenience only and are not intended to have effect in the construction or interpretation of this Agreement. Where appropriate, the singular includes the plural and neutral words and words of any gender shall include the neutral and other gender.
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G. Convicted Felon Statement. The Contractor complies with City Code § 2-8(c) and no principal, member, or officer of the Contractor has, within the preceding 5 years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsification or destruction of public records. H. Employee Verification. The Party Reference swears that (i) it is registered and participates in a status verification system to verify that all employees in the State of Louisiana are legal citizens of the United States or are legal aliens; (ii) it shall continue, during the term of this Agreement, to utilize a status verification system to verify the legal status of all new employees in the State of Louisiana; and (iii) it shall require all subcontractors to submit to the Party Reference a sworn affidavit verifying compliance with items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this Agreement to termination, and may further result in the Party Reference being ineligible for any public contract for a period of 3 years from the date the violation is discovered. The Party Reference further acknowledges and agrees that it shall be liable for any additional costs incurred by the City occasioned by the termination of this Agreement or the loss of any license or permit to do business in the State of Louisiana resulting from a violation of this provision. The Party Reference will provide to the City a sworn affidavit attesting to the above provisions if requested by the City. The City may terminate this Agreement for cause if the Party Reference fails to provide such the requested affidavit or violates any provision of this paragraph. I. Entire Agreement. This Agreement, including all incorporated documents, constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary or alter any terms or conditions of this Agreement. J. Exhibits. The following exhibits will be and are incorporated into this Agreement: [list all exhibits to incorporate in the Agreement]. K. Jurisdiction. The Party Reference consents and yields to the jurisdiction of the State Civil Courts of the Parish of Orleans and formally waives any pleas or exceptions of jurisdiction on account of the residence of the Party Reference. L. Limitations of the City’s Obligations. The City has no obligations not explicitly set forth in this Agreement or any incorporated documents or expressly imposed by law. M. No Expectation of Benefit or Special Treatment. The Party Reference swears that, as a result of the donation of the services that are the subject of this Agreement or otherwise, it has no expectation of benefit or special treatment with regard to other contracts or potential contracts with the City. N. No Third Party Beneficiaries. This Agreement is entered into for the exclusive benefit of the parties and the parties expressly disclaim any intent to benefit anyone not a party to this Agreement. O. Non-Exclusivity. This Agreement is non-exclusive and the Party Reference may provide services to other clients, subject to the City’s approval of any potential conflicts with the performance of this Agreement and the City may engage the services of others for the provision of some or all of the work to be performed under this Agreement. P. Non-Solicitation Statement. The Contractor has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure
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this Agreement. The Contractor has not paid or agreed to pay any person, other than a bona fide employee working for it, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from this Agreement. Q. Non-Waiver. The failure of either party to insist upon strict compliance with any provision of this Agreement, to enforce any right or to seek any remedy upon discovery of any default or breach of the other party at such time as the initial discovery of the existence of such noncompliance, right, default or breach shall not affect or constitute a waiver of either party’s right to insist upon such compliance, exercise such right or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent default or breach. R. Order of Documents. In the event of any conflict between the provisions of this Agreement any incorporated documents, the terms and conditions of the documents will apply in this order: the Agreement; [List of all incorporated documents in descending order]. S. Ownership Interest Disclosure. The Party Reference will provide the City with a sworn affidavit listing all natural or artificial persons with an ownership interest in the Party Reference and stating that no other person holds an ownership interest in the Party Reference via a counter letter. For the purposes of this provision, an “ownership interest” shall not be deemed to include ownership of stock in a publicly traded corporation or ownership of an interest in a mutual fund or trust that holds an interest in a publicly traded corporation. If the Party Reference fails to submit the required affidavit, the City may, after 30 days’ written notice to the Party Reference, take such action as may be necessary to cause the suspension of any further payments until such the required affidavits are submitted. T. Ownership of Records. Upon final payment, all data collected and all products of work prepared, created or modified by the Party Reference in the performance of this Agreement, including without limitation any and all notes, tables, graphs, reports, files, computer programs, source code, documents, records, disks, original drawings or other such material, regardless of form and whether finished or unfinished, but excluding the Party Reference’s personnel and administrative records and any tools, systems, and information used by the Party Reference to perform the services under this Agreement, including computer software (object code and source code), know-how, methodologies, equipment, and processes and any related intellectual property (collectively, “Work Product”) will be the exclusive property of City and the City will have all right, title and interest in any Work Product, including without limitation the right to secure and maintain any copyright, trademark, or patent of Work Product in the City’s name. No Work Product may be reproduced in any form with the City’s express written consent. The City may use and distribute any Work Product for any purpose the City deems appropriate without the Party Reference’s consent and for no additional consideration to the Party Reference. U. Prohibition of Financial Interest in Agreement. No elected official or employee of the City shall have a financial interest, direct or indirect, in this Agreement. For purposes of this provision, a financial interest held by the spouse, child, or parent of any elected official or employee of the City shall be deemed to be a financial interest of such elected official or employee of the City. Any willful violation of this provision, with the expressed or implied knowledge of the Party Reference, shall render this Agreement voidable by the City and shall entitle the City to recover, in addition to any other rights and remedies available to the City, all monies paid by the City to the Party Reference pursuant to this Agreement without regard to the
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Party Reference’s otherwise satisfactory performance of the Agreement. V. Prohibition on Political Activity. None of the funds, materials, property, or services provided directly or indirectly under the terms of this Agreement shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. W. Remedies Cumulative. No remedy set forth in the Agreement or otherwise conferred upon or reserved to any party shall be considered exclusive of any other remedy available to a party. Rather, each remedy shall be deemed distinct, separate and cumulative and each may be exercised from time to time as often as the occasion may arise or as may be deemed expedient. X. Severability. Should a court of competent jurisdiction find any provision of this Agreement to be unenforceable as written, the unenforceable provision should be reformed, if possible, so that it is enforceable to the maximum extent permitted by law or, if reformation is not possible, the unenforceable provision shall be fully severable and the remaining provisions of the Agreement remain in full force and effect and shall be construed and enforced as if the unenforceable provision was never a part the Agreement. Y. Special Conditions for XXXX Contracts. The “XXXX Compliance Provisions for Professional Services Contracts,” attached as Exhibit “___” to this Agreement, are expressly incorporated in the Agreement and will be effective, notwithstanding any provision of the Agreement or any incorporated documents, to the contrary, upon the City’s notice to the Party Reference that the City intends to seek reimbursement from the XXXXX Program in connection with the work to be performed under this Agreement. Z. Subcontractor Reporting. The Party Reference will provide a list of all natural or artificial persons who are retained by the Party Reference at the time of the Agreement’s execution and who are expected to perform work as subcontractors in connection with the Party Reference’s work for the City. For any subcontractor proposed to be retained by the Party Reference to perform work on the Agreement with the City, the Party Reference must provide notice to the City within 30 days of retaining that subcontractor. If the Party Reference fails to submit the required lists and notices, the City may, after thirty 30 days’ written notice to the Contractor, take any action it deems necessary, including, without limitation, causing the suspension of any payments, until the required lists and notices are submitted. AA. Survival of Certain Provisions. All representations and warranties and all obligations concerning record retention, inspections, audits, ownership, indemnification, payment, remedies, jurisdiction, choice of law, and IDENTIFY ANY OTHER PROVISIONS THAT SHOULD SURVIVE TERMINATION shall survive the expiration, suspension, or termination of this Agreement and continue in full force and effect. BB. Terms Binding. The terms and conditions of this Agreement are binding on any heirs, successors, transferees, and assigns. ARTICLE XIV – COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy of this Agreement, but all of which, when taken together, shall constitute one and the same agreement. ARTICLE XV - ELECTRONIC SIGNATURE AND DELIVERY
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The Parties agree that a manually signed copy of this Agreement and any other document(s) attached to this Agreement delivered by email shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. No legally binding obligation shall be created with respect to a party until such party has delivered or caused to be delivered a manually signed copy of this Agreement. [The remainder of this page is intentionally left blank] [SIGNATURES CONTAINED ON NEXT PAGE]
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IN WITNESS WHEREOF, the City and the Party Reference, through their duly authorized representatives, execute this Agreement.
CITY OF NEW ORLEANS
BY: MITCHELL J. LANDRIEU, MAYOR
Executed on this of , 201
FORM AND LEGALITY APPROVED: Law Department
By:
Printed Name:
NAME OF PARTY
BY: NAME AND TITLE OF INDIVIDUAL INDICATED IN PROOF OF SIGNING AUTHORITY
FEDERAL TAX I.D. OR SOCIAL SECURITY NO.
[EXHIBIT(S) XXXX C CONTAINED ON NEXT PAGE(S) or ATTACHED SEPARATELY (if too voluminous)]
[END OF ATTACHMENT “G”]
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City of New Orleans, Louisiana Request for Proposals to Engage in a Cooperative Endeavor For An Automated and On-Demand Bicycle Share System
Attachment H
Feasibility Study
(ATTACHED ONLINE)
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