2020 NS Bike Share Amendment 2 - RFP CLEAN.docx

Request for Proposals Proposal Due Date: April 21, 12:00 PM EST Regional Bike Share & Micro-Mobility Services Metropolitan Area Planning Council

Regional Bike Share & Micro-Mobility Services

Request for Proposals RFP #MAPC 2020 Regional Bike Share & Micro-Mobility Services

Solicited in collaboration with the municipalities of: Beverly, Danvers, Hamilton, Lynn, Manchester, Marblehead, Nahant, Peabody, Salem, Saugus, Swampscott, Topsfield, and Wenham.

AMENDMENT # 2

Metropolitan Area Planning Council, 60 Temple Place, 6th Floor, Boston, MA 02111 www.mapc.org MAIN PHONE 617.933.0700 MAIN FAX 617.482.7185

THIS RFP AND ALL RESPONSES HERETO INCLUDING THE WINNING BID SHALL BECOME PUBLIC RECORDS. PROPOSALS WILL BE CONFIDENTIAL UNTIL THE COMPLETION OF THE EVALUATIONS, OR UNTIL THE TIME SPECIFIED IN THE RFP, WHICHEVER IS EARLIER. ANY PORTIONS OF A RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD. THOSE DOCUMENTS THAT ARE CLEARLY EXEMPTED UNDER THE PUBLIC RECORDS LAW WOULD NOT BE MADE AVAILABLE TO THE PUBLIC.

VENDORS ARE ADVISED TO CONSULT WITH THEIR LEGAL COUNSEL CONCERNING PRECAUTIONS TO SAFEGUARD TRADE SECRETS AND OTHER PROPRIETARY

INFORMATION.

The Technical Proposal and the Price Proposal must be submitted separately.

**The use of the term “Vendor” shall be used to represent Vendors who have submitted timely and qualified bids. “Vendor” may refer to one or more selected Vendors. The terms “Vendor,” “Respondent,” “Vendors,” and “Respondents” may be used interchangeably herein. The plural does not denote that more than one Vendor will be selected. One or no Vendors may be selected as a result of this RFP.

Legal Notice

MAPC, (“Metropolitan Area Council”) in collaboration with the municipalities of: Beverly, Danvers, Hamilton, Lynn, Manchester, Marblehead, Nahant, Peabody, Salem, Saugus, Swampscott, Topsfield, and Wenham (“Participating Communities”) is soliciting competitive proposals from qualified vendors to operate a regional bike sharing system (with the option to add other vehicle types, as requested by each Participating Community) to be operated seamlessly throughout Participating Communities. MAPC will be the awarding authority. Contracts will be awarded to those Respondents deemed responsible and responsive. This will be determined by evaluating Respondents against the quality requirements and evaluation criteria set out in the RFP, and by considering the prices offered. Those Respondents identified as offering the most advantageous proposals against these factors will be awarded contracts.

MAPC reserves the right to cancel all or part of this solicitation and to reject in whole or part any and all proposals. No bid bond is required.

The RFP will be available from 10:00 AM – 5:00 PM, Monday – Friday, from Monday March 16, 2020 through Monday, March 30, 2020 by 5:00 PM at the MAPC office.

The initial term of any contract(s) resulting from this RFP will be One year from the date of MAPC’s execution of a contract with awarded vendors. MAPC reserves the right to exercise options to renew for Two additional One-year extensions.[footnoteRef:1] MAPC reserves the right to accept or reject any and all proposals, or any part or parts thereof, and to cancel this solicitation at any time. No bid bond is required. [1: ]

This procurement conforms to the requirements of M.G.L. c. 7 §§ 22A and 22B, and M.G.L. c. 30B.

Please read this entire document before responding or submitting questions.

Vendors are advised that all interpretation of this RFP and corresponding documentation shall be interpreted solely by the MAPC Evaluation Committee.

Vendors are advised that the named communities have collaborated on developing this collective RFP. However, nothing herein requires or obligates the named communities to participate in the regional bike share system. Final participation will be determined by each community and each communities’ voting body.

Introduction

Overview The Participating Communities have come together as neighbors to encourage bike share opportunities for and across their municipalities, and they may sign a Memorandum of Understanding to create a partnership to provide such services. MAPC is seeking the services of a vendor who meets the required bike share and micro-mobility specifications provided below. MAPC may elect not to award a contract to any vendor. This regionalized approach to bike share implementation will require selected vendors to provide seamless services across the borders of Participating Communities.

Metropolitan Area Planning Council The Metropolitan Area Planning Council (“MAPC”) is the regional planning agency (“RPA”) for the greater Boston region. It is a governmental entity established by M.G.L. c. 40B § 24, et al, to provide a regional perspective on growth, development, and governance for the welfare of the region. It is qualified to act as a lead jurisdiction under M.G.L. c. 7 §22B.

Vision MAPC and the Participating Communities envision a regional bike sharing system that enhances first mile/last mile connections to transit and promotes more active transportation in the North Shore region. The system is envisioned to serve residents, students, and visitors alike. The City of Salem has successfully operated a bike share system since 2017. As the system expanded from 18 bikes at three stations in 2017 to 80 bikes at 16 stations in 2019, the bikes have become a widely adopted mode of local transportation for residents, workers, and visitors. Over its three years of operation, the system logged over 20,000 rides within Salem as well as regular spillover into surrounding communities. And for the first time, the system is now operating all year without a winter hibernation. The vision of this RFP is to build upon the lessons learned from that process.

The Participating Communities each have varying levels of transit accessibility, trail connectivity, and on-street cycling infrastructure. Many of the Participating Communities are served by the Newburyport/Rockport Commuter Rail line, and they are actively working to foster stronger connections to transit as the region’s traffic congestion crisis worsens. Furthermore, the Participating Communities are continuing to build out their trail and greenway network, and most have Complete Streets projects approved by the Massachusetts Department of Transportation. Regional bike share is one of several strategies the region would like to employ to continue to promote greater transportation choice within the participating communities.

While all of the Participating Communities are interested in a regional bike share system, some communities may be interested in adding different micro-mobility vehicles into their fleet. The envisioned system will allow users to travel across municipal boundaries with the understanding that some non-bicycle vehicles may only be permitted to operate in a subset of the Participating Communities. In accordance with Massachusetts Uniform Procurement Law, MGL c. 30B, all bids must be inclusive of any and all shared micro-mobility devices that the vendor wishes to offer. No new devices can be added to a contract once the bids are submitted. The exception being the complete replacement of an existing devise.

Objectives MAPC seeks the services of experienced bike share vendors who will launch and operate a private bike share system across these Participating Communities. While bicycles will be the primary vehicle operated across the Participating Communities, the vendor may be asked to introduce new micro-mobility vehicles (e.g. scooters) into the fleets of some individual Participating Communities.

The objective of this RFP is to provide the Participating Communities with a safe, accessible and user-friendly bike share system, with the option to add other micro-mobility options, that allows for seamless operations across the boundaries of the Participating Communities.

While the goal of this RFP is to establish a regional bike share system of all the named communities, at this time, only Salem is able to contribute funds to support a bike share and micro-mobility system. As such, if the vendor cannot provide a bike share system at no cost to all Participating Communities, the vendor is expected to work in good faith with each of the Participating Communities in order to secure sponsorship dollars and extend operations regionally.

Services shall include supplying equipment and providing operational services for and across 13 North Shore communities. Vendor will keep all revenue from the system, except as provided herein.

Participating Communities’ Demographics

Table 1: Participating Communities Population and Size

Decision to Use Request for Proposals The MAPC Chief Procurement Officer (CPO) has determined that in order to select the most advantageous proposal for a regional bike share system with optional additional micro-mobility services, other factors in addition to cost will need to be considered. MAPC believes that the choice of the successful vendor requires an evaluation of their abilities, experience, and past work products. The contract will be awarded in accordance with the M.G.L. Chapter 30B using the request for the competitive sealed proposal procedure.

MAPC has determined that price, although significant, is not the sole, nor always the primary factor in Participating Communities’ decision making when considering the specialized experience of Vendors, their commitment to quality workmanship and customer service, as well as the range of product suitability, quality, and manufacturer. For these reasons, MAPC believes that the RFP process will best achieve this end.

MAPC reserves the right to cancel all or any part of this solicitation if in its judgment doing so is in the best interest of MAPC and the eligible entities. MAPC also reserves the right to accept or reject, in whole or in part, any and all proposals as permitted by law.

RFP Process

Schedule Notice MAPC RFP Posted on Website: Monday, March 16, 2020

Notice Goods & Services Bulletin Published: Monday, March 16, 2020

Notice Boston Herald Published: Monday, March 16, 2020

Notice CommBUYS Published: Monday, March 16, 2020

RFP Released/Available Monday, March 16, 2020. The RFP will be available 10:00 AM – 5:00 PM, Monday – Friday, from Mon. Monday, March 16, 2020 through Monday March 30, 2020 by contacting:

Marah Holland at MAPC via email at mholland@mapc.org.

All questions about this RFP, must please be asked by contacting Marah Holland directly.

Vendor’s Conference (call) Thursday, March 19, 2020

Last Date for Vendor Questions Tuesday, March 24, 2020

MAPC Responses to Questions Wednesday, March 25, 2020

Last Date for Addendum from MAPC Wednesday March 25, 2020

Proposal Due Date: Sealed proposals are due by: 5:00 PM, Monday, March 30, 2020 at: The Metropolitan Area Planning Council, 60 Temple Place, 6th Floor Reception, Boston, MA 02111.

Proposal Subject: Regional Bike Share & Micro-Mobility Services

RFP Number: MAPC 2020 Regional Bike Share & Micro-Mobility Services

Vendor Conference There will be a Vendor Conference for interested, prospective Vendors on Thursday, March 19 from 9:30 AM – 10:30 AM via conference call. Further information will be provided for Vendors to join the call.

Although this conference is not mandatory, prospective Vendors are encouraged to participate.

Vendors participating in this conference will be expected to have thoroughly read the RFP and be ready to ask questions relevant to this RFP particularly questions related to preparing proposals and the evaluation criteria.

Following the Vendor Conference, prospective Vendors will be required to submit in writing, via e-mail, any questions they asked during the conference. MAPC will use those written versions of the questions and any follow up questions, and any answers provided, to draft an addendum. This will ensure that MAPC fully understands Vendors’ questions and will avoid misinterpretations of any verbal responses offered during the Vendor Conference. MAPC will not provide, authorize, or honor any alleged oral responses that have not been documented via an addendum.

Procurement Overview This procurement process is composed of the following elements.

· This Request for Proposals

· Receipt of Proposals

· Qualification of Vendors

· Evaluation of Vendors and Technical Proposals

· Product Presentations (as determined by the Evaluation Committee)

· Evaluation of Price Proposals

· Determinations of Awards

· Contract Executions

· Program Implementation

· Contract Extensions While it is the intention of MAPC to award contracts by way of this procurement, MAPC reserves the right to cancel all or any part of this solicitation.

Questions & Addenda Failure of any Vendor to read and become familiar with any portion of this RFP and any Addenda thereto will not relieve them from any of the obligations described herein, whether they may be required during review of the proposals, or performance required under a contract MAPC will not provide, authorize or honor any alleged oral responses

Vendors are asked to notify MAPC promptly of any ambiguities, inconsistencies or errors they discover upon examination of the RFP. Questions and inquiries will not be answered directly. All questions and requests for clarification must be received in writing via email by Tuesday, March 24, 2020. All questions must be sent to Marah Holland at mholland@mapc.org.

If such requestor notifications are received after the “Addenda Issue” date, then MAPC, in its sole discretion, will determine if additional Addenda are required and whether to alter the proposal due date. MAPC will advise all prospective Vendors of such activity.

MAPC reserves the right to disqualify any Vendor that it believes to be interfering with this procurement by raising irrelevant, nuisance, or diversionary issues in order to delay or render the procurement invalid, whether timely or not.

Responses to inquiries regarding interpretation or clarification that affect all Proposers and corrections or changes to the RFP will be issued as Addenda. Addenda will be distributed via email or fax to all parties that MAPC is aware have obtained the RFP no later than the “Addenda Issued” date above, unless notification otherwise has been sent to all parties. In such an event, MAPC may elect to alter the proposal due date.

Vendors should contact either of the MAPC contacts above if they are concerned that they have not received an Addendum. MAPC maintains a record of Addenda sent to all parties who have received the RFP documents. Confirmation of a successfully sent (i.e. received) fax or the lack of a return email message that an email delivery failed will be considered proof of delivery. To ensure that Vendors have taken all Addenda into consideration, acknowledgement of receipt of each Addendum issued must be noted in the space “Addendum #” provided on the Proposal Signature Page provided in this RFP.

Corrections, Modifications & Withdrawal of Proposals Proposals must be unconditional. However, a Vendor may correct, modify, or withdraw a proposal by written notice if received by MAPC prior to the proposal due date. Modifications must be submitted in a sealed envelope clearly labeled “Modification No. __”. Each modification must be numbered in sequence and must reference the original RFP.

Vendors may not, after the proposal due date, change any provision of the proposal in a manner prejudicial to the interest of MAPC, eligible entities, or fair competition. Informalities that the MAPC determines in its sole discretion are minor informalities e.g. minor deviations, insignificant mistakes, and matters of form rather than substance, will be waived or the Vendor will be allowed to correct them. If a mistake is obvious and the intended correct wording, figure or calculation is clearly evident on the face of the proposal document, the mistake will be changed to reflect the apparent correct meaning and the Vendor will be notified in writing; however, the Vendor may not withdraw the proposal. A Vendor may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct wording, figure or calculation is not similarly evident.

Disclosing Who Submitted Proposals A register of the names of Vendors who have submitted proposals will be open for public inspection following the opening of the Technical Proposals. Proposals will remain confidential until the completion of the evaluations, or until the time for acceptance specified in the RFP, whichever is earlier. All submissions will be considered by MAPC to be public records. Vendors are advised not to submit confidential materials.

Selection Process In accordance with M.G.L. c. 30B, Technical Proposals will be evaluated by an Evaluation Committee selected by MAPC. This procurement will employ an Evaluation Committee. The names of evaluators are not a matter of public record prior to, or during the evaluation process. Committee members will independently review all proposals that meet the Minimum Quality Requirements listed in this document. They will evaluate the proposals based on the evaluation criteria set out in this document. Each Evaluation Committee member will assign a rating to each evaluation criterion. MAPC will then convene the Committee to review their evaluations and attempt to arrive at agreement on composite ratings for each proposal.

The Evaluation Committee will assign each responsive Technical Proposal submitted by Proposers one of the following composite ratings:

· Highly Advantageous

· Advantageous

· Not Advantageous

· Unacceptable

Vendors may be invited to give product presentations to the Evaluation Committee in person or via teleconference. MAPC reserves the right to offer presentations to all or none of the vendors.

After a rating has been determined for each Technical Proposal, MAPC or its designee will open and review the Price Proposals and determine the most Highly Advantageous Proposals, taking into consideration the composite ratings and price.

Although proposals that are not the lowest in price may be selected for award, price is still a factor. In the final evaluation, MAPC will weigh more favorably Vendors whose price proposals offer higher discounts off their catalog or standard pricing.

Vendors are advised that pricing that is offered will not be negotiated during the Term of the Contract (One (1) year). During each exercised extension term, MAPC may negotiate pricing with the Vendors prior to an executed Contract Amendment extending the Term. In no event may vendor pricing exceed a 10% escalation at the commencement of each contract year.

Vendors may lower pricing at any time during the Contract and any extensions thereto. All reduction in pricing must be available to all Participating Communities.

In selecting proposals that are not the lowest in cost, MAPC will explain in writing why the added benefits of the selected Proposals justify the higher prices. The Evaluation Committee is permitted to recommend that contracts be awarded to more than one Vendor if it determines that such an award will best serve the intent of this RFP and the interests of the eligible parties.

Rule of Award MAPC and Participating Communities have determined that identification of the most highly advantageous proposals for the goods and services called for in this RFP requires comparative judgment of factors in addition to cost. Contracts will be awarded to those eligible, responsive, and responsible Vendors whose proposals are determined to be the overall most highly advantageous taking into consideration minimum quality requirements, comparative evaluation criteria set forth in the RFP and composite ratings as well as price.

An Evaluation Committee selected by MAPC will evaluate proposals and recommend awards by MAPC to the responsible and responsive Vendors whose proposals it determines to be the most overall highly advantageous of those received. MAPC, as the contracting authority, will make the final determination of awards. Although multiple contracts are expected to be awarded, the number of awards will be determined on the basis of the competitiveness of the proposals received.

Only those Vendors who submit all required forms and materials and whose proposals conform to the requirements set out in this Request for Proposals will be considered responsive. Determination that a Vendor is responsible (i.e. Vendor has the integrity, capability, and reliability to do the work) will be based upon financial stability and an evaluation of references. MAPC reserves the right to perform whatever additional due diligence they deem necessary to determine that the Vendor is responsible including, but not limited to, acting as their own reference. MAPC may request additional clarifying information from a Vendor during this evaluation process.

MAPC will promptly notify Vendors about awarded contracts upon conclusion of the evaluation process.

MAPC is required by law to overlook “minor technical formalities” such as misspellings and other non-material errors. MAPC may, at its sole discretion, waive strict compliance with RFP requirements that are not required by law, when it determines that so doing is in its and Participating Communities best interest. MAPC is further required to correct arithmetic errors where the intent is obvious, but cannot do so where intent is not obvious.

Contract A sample copy of MAPC’s standard contract can be found in Exhibit A of this RFP. Vendors must be willing to sign MAPC’s contract. MAPC will not accept a Vendor’s own terms & conditions.

MAPC will make all reasonable efforts to award contracts within thirty (30) days of the Proposal Due Date. The time for award may be extended for up to an additional thirty (30) days, for a total of sixty (60) days, by mutual agreement between MAPC and Vendors.

Contract recipients MUST return executed originals to MAPC within seven (7) business days of their receipt of contracts signed by MAPC. This RFP document, any Addenda issued, all included forms and requirements, and Vendor’s proposal will be incorporated by reference into any resulting Contract.

All relevant correspondence giving rise to obligations of the parties or clarification of the business relationship defined by the aggregation of RFP related documents will also be incorporated by reference into any resulting contract.

Upon receipt of a Contract offer by MAPC, Vendor shall make best efforts to return the document for final MAPC execution in an accelerated manner.

Authorization to Proceed Upon receipt of signed contracts from Vendors, MAPC will return executed copies of the contracts and issue a written “Authorization to Proceed.” Thereafter, Vendors agree that they will work with the Participating Communities to assess their readiness to participate in a regional bike share and micro-mobility system. This will ensue completing a Scope of Work and Project Plan to schedule implementation, as requested by the Participating Communities.

Vendors will be required to implement without undue delay all other commitments required by the RFP and their contract, as well as those voluntarily offered in their Proposals.

Minimum Quality Requirements In Tab 2 of the response, Minimum Quality Requirements, Vendors must provide a brief, written narrative (no more than two pages) certifying that the Vendor is in compliance (Yes or No) with each of the following listed minimum quality requirements. Statements offered by Vendor in the narrative that are intended to satisfy these requirements must be accompanied by supporting documentation and full contact information of a representative of the entity who can vouch for the Proposer’s claims, which will be verified by MAPC, whose inability to do so will disqualify the proposal.

Experience Vendor must have experience providing the same or similar services with a government entity or private institution in the last 3 years. Experience with multiple jurisdictions, public sector clients, and North American jurisdictions are preferred. (See Section 5: Vendor Technical Questions; Question 5.2: Qualifications)

Financial Capacity Vendors shall demonstrate that they can provide the required number of bikes necessary to serve the Participating Communities. Such demonstration may include, but is not limited to, an Audited Financial Statement, information about the supply chain, and facilities or contracts for the production and replacement of bicycles in a timely manner. (See Section 4: Vendor Technical Questions; Question 4.2: Financial Capacity)

References Vendors shall include 3 references using the completed the Reference Form found in Exhibit A. These references must be from local governments or private institutions where their product and/or services have been used within the last 3 years, and where the projects were of the same or similar size and/or scope as the one described in this RFP. Vendors may not seek references for any of the Participating Communities.

Vendor has provided the same or similar services to a government entity or private institution in the last 3 years.

Vendor provides sufficient documentation to demonstrate its financial capacity to provide required number of bikes necessary to serve Participating Communities.

Vendor provided 3 references using the Reference Form provided herein, from local governments or private institutions where their product is presently being used or have occurred within the last 3 years. The references must be from projects of the same or similar size and/or scope to the one requested in this RFP

3.0 Regional Bike Sharing System with Additional Micro-Mobility Services - Required and Desired Specifications Vendors are advised that requirements that are listed as “Must,” “Shall,” or “Required” are mandatory specifications. Failure to include these elements may lead to disqualification. Those specifications that are listed as “Desirable”, Preferred”, or “Advantageous”, are value added and their inclusion or exclusion will be reflected in the scoring.

Equipment

1.1.1 Bicycles

The Vendor must be able to provide bicycles and stations (if applicable) to adequately serve demand in the Participating Communities. Fleets may be composed of manual bikes, electric-assist bikes, or a combination of the two. All bikes must be highly durable and designed to withstand the demands of shared, outdoor use. Bikes must be safe, comfortable, and easy to use by a wide range of users and include an adjustable seat. Bikes must include a front light that emits white light and a rear red reflector or light,and include proprietary parts to deter theft and vandalism. All bikes must remain upright when parked. Bikes must be equipped with GPS technology or equivalent technology to provide real-time tracking of location and routes and to record trip data.

All bikes must be in compliance with all applicable local, state, and federal laws and regulations covering bicycles. This includes the standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. Additionally, permitted systems shall meet the safety standards outlined in ISO 43.150 – Cycles, subsection 4210.

a. Electric-assist bicycles must meet the National Highway Traffic Safety Administrations (NHTSA) definition of low-speed electric bicycles; and shall be subject to the same requirements as the other bikes described herein. Electric assist bikes shall have fully operable pedals, an electric motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. If providing electric-assist bicycles, the vendor must demonstrate the ability to comply with local and state regulations around motorized vehicles:

b. M.G.L. c. 90, Section 1B: Motorized bicycles; operation regulations Section 1B. A motorized bicycle shall not be operated upon any way, as defined in section one within the commonwealth by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver's license or learner's permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and (2) the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths.

Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear.

A person convicted of a violation of this section shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed.”

1.1.2 Other Micro-Mobility Services

While bikes will serve as the backbone of this regional system, some of the Participating Communities are interested in adding other micro-mobility vehicles to their fleet—namely, electric scooters. At the time of this writing, only Salem is amenable to including electric scooters to their fleet upon commencement of the bike share system. The remaining Participating Communities prefer that vendors have electric scooters available but not required be included during any term of the awarded contract Further, prior to any roll out of electric scooters, Participating Communities would prefer the ability to pilot new devices before committing to permanently including them in their respective fleets. It must be reiterated, that any proposal submitted in response to this RFP must include bicycles.

1.1.3 Helmets

Vendors must demonstrate the ability to comply with all elements of M.G.L. ch.85, section 11D. This includes making helmets available to users.

M.G.L. ch.85, section 11D: Bicycle helmets: display of sign requiring use “Every person engaged in the retail business of selling or renting bicycles, in line skates, scooters, skate boards or other manually-propelled wheeled vehicles shall display in an area conspicuous to customers of the business a sign containing the following statement: Massachusetts law requires that a bicycle helmet be worn by a person 16 years of age or under who is riding as an operator or passenger on a bicycle, in line skates, a scooter, or a skate board.

By posting such a sign, such retail business shall be deemed to be in full compliance with this act, and no liability shall be incurred in the event that said helmet is not worn. A person, firm or corporation engaged in the business of renting bicycles shall make available a bicycle helmet conforming to the specifications for bicycle helmets of the United States Consumer Product Safety Commission to each person renting a bicycle.

Operations

1.1.4 Business model

MAPC and the Participating Communities are open to different business models for operating regional bike share and other micro-mobility services. This includes the vendors serving as the operator and providing their own fleet, as well as the vendor serving more as a micromobility manager and operating the fleets of other companies.

1.1.5 Rebalancing

The vendor must provide regular bike rebalancing and distribution, and ensure a minimum number of functional bikes are operational each day in each Participating Community.

1.1.6 Technology

The vendor must be able to monitor and manage the system using a variety of technologies. The vendor must be able to use geofencing to create no parking, no riding, slow riding, and other kinds of operating restrictions. Geofencing may also be used to create virtual stations in the mobile application.

1.1.7 System Maintenance

The vendor must provide regular system maintenance to ensure optimal operations and the safety of the user. Vendor must provide a system inspection, maintenance, and repair plan, including additional system maintenance that occur during winter months.

Parking The Participating Communities welcome proposals from vendors that provide dockless bikes, station-based bikes, hybrid bikes that may be locked to a station or another fixed object, or a combination of options. Vendors that provide dockless bikes in their fleets must be able to require users to park in designated geofenced parking locations, must be communicated via the mobile application and other physical signage and pavement markings as needed. Vendors must clearly communicate parking requirements to users upon first use of the system, and offer periodic reminders on proper parking behavior.

Dockless bikes parked on the sidewalk shall not impede the flow of pedestrian traffic. Dockless bikes may not be parked adjacent to or within: transit zone, loading zone, accessible parking zone or other facilities specifically designated for handicap accessibility, fire hydrant, street furniture, curb ramp, entryway, driveway, parklet. Bicycles may not be parked in a manner that in any way violates ADA accessibility requirements.

Vendors that offer station-based bike sharing must coordinate all station siting locations with the Participating Communities, and obtain the necessary permits as required in each municipality (if applicable).

Equity

1.1.8 Adaptive bikes

It is preferred the vendor offer adaptive vehicles in their fleet. This may include: upright handcycle, recumbent handcycle, recumbent leg trike, recumbent trike tandem, side-by-side tandem bicycle, and other vehicle types.

1.1.9 System access

It is preferred the vendor provide a low-income pricing option for users who qualify, and offer a method for using the system that does not require the use of a smartphone. Vendors should describe how Participating Communities can be partners in making the system available and accessible to a larger share of their residents.

Sponsorships and Institutional Coordination

1.1.10 Sponsorships

In order to ensure the bike share system will be able to serve all of the Participating Communities, the vendor will be tasked with working with each of the Participating Communities in good faith to secure sponsorship revenue to support the system in the event a municipal contribution is not feasible. The sponsorship may come in the form of a title sponsorship (including naming rights and system-level branding), secondary sponsors, individual station-level sponsors, or other sponsorship structures. It is preferred the sponsor(s) are brand-aligned or brand-neutral with bike share. Any sponsor may not violate local and station regulations for outdoor advertising and sponsorship.

1.1.11 Institutional Coordination

The vendor must work with the Massachusetts Department of Transportation (MassDOT), the Massachusetts Bay Transportation Authority (MBTA), the Department of Conservation and Recreation (DCR), and state and regional entities to site bikes, stations, and any other vehicles associated with the system on their property. The vendor must obtain the proper permits and approvals prior to operating on property owned by these and other entities, and adhere to their respective regulations for the duration of the permit. The vendor is encouraged to work with local private property owners to site stations and/or bicycles on their property, where appropriate, particularly if public space is limited.

Municipal Coordination

1.1.12 Local Constituent Services Reporting Integration

The vendor must be able to integrate their mobile application with each Participating Community’s local constituent services reporting systems, including 311, SeeClickFix, and other similar technology. If requested by a Participating Community, the vendor must be able to serve as an end user and resolve tickets related to the bike share system and other micro-mobility services.

1.1.13 Local Regulations

The Participating Communities reserve the right to adopt additional regulations to govern bike share operations and other micro-mobility services. The vendor shall adhere to all such regulations as they pertain to the system.

Customer Service Vendors must be able to provide customer service via multiple mechanisms (e.g.: mobile applications, website, phone number), enabling members of the public to ask questions, report bikes that are damaged or improperly parked, request refunds, or otherwise receive support. 24/7/365 customer support must be available in both English and Spanish, at a minimum. Customer service contact information must be clearly labeled on all bikes, stations, and other vehicles (if applicable). Vendor must have a plan for managing users that repeatedly misuse the system.

Data Sharing and Security

1.1.14 Data Sharing

The vendor must provide trip-level data to the Participating Communities and MAPC. The data must be available at the municipal and regional level. The data must be provided in the General Bikeshare Feed Specification (GBFS), the Mobility Data Specification (MDS), or another comparable format that includes the same fields. If requested by a Participating Community, the vendor must also be able to provide a real-time data dashboard and/or monthly reporting in a .csv or other comparable spreadsheet format. This must include the field listed below. It is preferred that a real-time data dashboard include trip-level route data as well.

1.1.15 Data Security

Vendors will be responsible for providing secure system applications. The appropriate safeguards within the environment should include the use of encryption software and unique IDs and passwords to protect the data’s confidentiality, integrity, and availability. All applications must meet security standards appropriate for the information type that they will be storing, processing or transmitting. If the application will not be storing, processing or transmitting any explicitly regulated information, then PCI DSS 3.1 (and PCI DSS 4.0 once it is adopted) compliance standards will be used as a best practices guide. All applications must meet PII standards which are based on NIST standards. Personally identifiable information (PII) must be physically stored within solution architecture within the United States. Vendors must provide their most recent third party PCI audits. Vendors may not sell or share customer PII as defined by the Massachusetts Data Breach Statute, MGL c.93H and 201 CMR 17, or any other relevant state or federal statute or regulation now in effect or which may be implemented during the Term of an awarded Contract..

Vendors are required to follow all local, state, and federal laws and regulations with respect to personally identifiable information and credit card information. It is strongly preferred vendors do not resell users’ personally identifiable information. If the vendor engages in such a practice, then it is preferred that a) this is communicated clearly and transparently to users, and b) users have a clear means of opting out if they do not want their data sold.

Contingency If the vendor is unable to raise a sufficient level of sponsorship revenue to expand the system to adequately serve the Participating Communities, or if sponsorship and user revenue is lower than anticipated, the Participating Communities are not liable to contribute municipal funding to the system. In the event a vendor is no longer able to successfully operate the bike share system, the vendor must communicate this to the Participating Communities and MAPC at least 60 days in advance of terminating the contract. The vendor shall use best efforts to work with any successive vendors.

4.0 Vendor Technical Questions

(Maximum 20 pages, not including graphics and illustrations.) All responses to the Vendor Technical Questions must be prepared use the Bike Share Technical Matrix provided in Exhibit B. Responses that are not clearly identified as responsive to particular questions will be disregarded.

Vision & Qualifications

1.1.16 Please describe your vision for this project and your qualifications that will enable to you to achieve the goals described for this system.

Financial Capacity

1.1.17 Describe your organizations financial and capital resources, including identifying parent owned company that allow you to deliver on your proposed plan and respond to unexpected challenges.

1.1.18 Demonstrate that your organization can provide the required number of bikes necessary to serve all the Participating Communities. If you are selected to enter into a contract with MAPC, you may be asked to provide an Audited Financial Statement.

Project Plan and Timeline

1.1.19 Describe the steps you will take to prepare for system launch, including how you will coordinate with each of the Participating Communities and how you will promote the launch of the system.

1.1.20 Describe a timeline for all key system milestones you will plan to achieve for system ridership and expansion.

1.1.21 Describe your plan to market the system before, during, and after launch within the Participating Communities to generate ridership and promote use of the system.

1.1.22 Describe what steps you will take to educate the public about how to use the system safely before, during, and after system launch.

Service Area & System Size

1.1.23 Indicate the minimum number of bikes and stations (if applicable) you believe will adequately serve demand in each of the Participating Communities.

Equipment

1.1.24 Provide a detailed description of all equipment you plan to offer in your fleet to the Participating Communities (e.g. manual bikes, electric-assist bikes, electric scooters, etc.). Include relevant specification details and describe how vehicles comply with relevant state and federal laws and the requirements listed in 3.1.1.

1.1.25 Explain your ability adjust the fleet to meet each Participating Communities particular transportation needs, including the ability to pilot new micro-mobility services in the Participating Communities for a pre-determined period of time.

1.1.26 Describe how you will comply with Massachusetts state law regarding making helmets available to users.

Operations

1.1.27 Describe your business model, including whether you a) operate your own fleet, b) operate a fleet of vehicles provided by another company, or c) are able to perform a combination of the two.

1.1.28 Describe your local hiring and staffing plan, including the total number of full and part-time employees you would hire for the system. Please indicate what percentage of your team would be contractors.

1.1.29 Describe your rebalancing strategy for each of the vehicle types you operate, and how you will ensure each of the Participating Communities are adequately served by the system through the duration of a normal business day, weekends, holidays, and special events (e.g. Halloween in Salem).

1.1.30 Describe your ability to use geofencing and other technologies to create virtual stations, no parking, no riding, slow riding, and other kinds of operating restrictions.

1.1.31 Describe your operations protocol during winter months and during weather emergencies.

1.1.32 Provide your system inspection, maintenance, and repair plan, including additional system maintenance that occur during winter months.

1.1.33 Describe how you verify users’ age and enforce minimum age requirements to operate the system.

1.1.34 Describe how you enforce operating rules and regulations, including how you discourage reckless riding and manage users who repeatedly misuse the system.

Parking

1.1.35 Indicate how users end a trip and park your vehicles (self-locking mechanism, lock into a station, or other method).

1.1.36 Describe what strategies you employ to ensure users are thoroughly educated on proper parking procedures, including all elements of 4.3, at time of first ride. Please indicate whether you offer in-app reminders after a user has completed multiple trips.

1.1.37 Describe how you will coordinate with each Participating Community to identify station siting locations, parking locations, zones with operating restrictions, and other aspects of system operations.

Equity

1.1.38 Provide details for any adaptive vehicles you currently have available in your fleet, including all relevant equipment specifications. Please indicate your ability to make these vehicles available in the Participating Communities, if requested.

1.1.39 Indicate whether you have a low-income pricing option available (NOTE: all information about pricing must be included in the price proposal, not the technical proposal).

1.1.40 Describe how users who do not have access to a smartphone are able to use your system.

Sponsorship and Institutional Coordination

1.1.41 Describe your strategy for seeking sponsorship to support expansion of the system across the Participating Communities. Please indicate in your response previous experience securing sponsorship revenue for a bike share system.

1.1.42 Describe your experience working with local institutions to sponsor bike share services

1.1.43 If you are pursuing sponsorship or advertising, please show sample station and/or bike with sponsorship and advertising placements, or digital advertisements via your website or mobile application.

1.1.44 Please include estimated percentage of total revenue from such sources.

1.1.45 Describe your previous experience coordinating permitting with non-municipal partners, such as transit agencies.

Municipal Coordination

1.1.46 Describe your ability to integrate with Participating Communities’ respective constituent services reporting software.

1.1.47 Explain your overall strategy for coordinating system management and operations across multiple Participating Communities.

Customer Service

1.1.48 Describe your customer service strategy, and how you are able to comply with all elements of 3.7.

Data Sharing and Security

1.1.49 Describe your ability to share trip-level data with each of the Participating Communities and MAPC, including your ability to comply with all elements of 4.8.

1.1.50 Provide a sample of a data report you typically share with a municipal partner.

1.1.51 Please provide your most recent third party PCI audits, and describe your method for ensuring security of user data (including personally identifiable information and credit card information)

1.1.52 If you sell customer data, please indicate what data is sold to what kind of parties.

Contingency

1.1.53 Describe your contingency plan in the event that revenue or costs do not match projections.

5.0 Vendor Pricing Questions

If applicable, vendors must identify the cost of equipment and/or operations to municipalities. If the system is offered at no cost to the municipality (i.e. the vendor is offering the system at no cost, or will seek sponsorship revenue to cover the capital and operating costs of the entire system), please note that in the pricing response.

Vendors must offer customer pricing that is reasonable, transparent and easy to understand. It is preferred that vendors offer a variety of membership options, and use incentive pricing strategies to encourage users to aid in rebalancing of bikes. Please note that through the first contract term, the Vendor may not adjust any pricing. Any request to adjust the consumer pricing or user incentive and fee structures during successive terms is subject to MAPC express written consent and contract amendment. Any rate changes must be capped at a 10% escalation for each subsequent extension of the contract term.

Equipment and Operations Pricing

1.1.54 If applicable, please describe the cost per-bike or per-station for the equipment, including any bulk purchasing discounts if more stations/bikes are desired or if more municipalities are able to contribute financially.

1.1.55 If applicable, please describe the per-month operating cost charged to a municipality.

1.1.56 If applicable, please describe any other costs a municipality may incur during the contract term.

Customer Pricing

1.1.57 Please describe your customer pricing plan/structure and any planned or possible changes during the entire Contract term

1.1.58 Please describe the user fee structure

Please describe the customer price for the following casual ride and membership options (if offered)

1.1.59 Single Ride

1.1.60 Three-day pass

1.1.61 Multiple-ride pack

1.1.62 Monthly membership

1.1.63 Annual membership

1.1.64 Low-income membership

1.1.65 Corporate membership

1.1.66 Institutional membership (e.g.