ESBD_File_354645_01 - RFP 24-17997-KM.pdf

RFP 24-17997-KM

Citibus ADA Paratransit Client Assessments

1. INSTRUCTIONS TO OFFERORS

1.1 Offerors may submit proposals electronically by uploading required documents at the City of

Lubbock’s partner’s website, Bonfire. Refer to Bonfire for Submission Instructions. This

Request for Proposals is for your convenience in submitting an offer for the specified services.

If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of

Purchasing and Contract Management:

Physical: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, Texas 79401

Mailing: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

P.O. Box 2000

Lubbock, Texas 79457

MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME

The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors and General

Requirements, attached.

Sealed proposals and electronic submittals submitted through the Bonfire portal, shall be received until:

4/24/2024 prior to 3:00 P.M.

Please allow time to upload required documentation. 24hrs in advance is recommended.

Offerors are responsible for making certain proposals are submitted to the Purchasing and

Contract Management Department.

Offerors are responsible for making certain proposals and proposed contracts are delivered to the

Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver a proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The

City of Lubbock assumes no responsibility for errant delivery of a proposal, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.

1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by the offeror guaranteeing authenticity.

1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

Proposals may be withdrawn prior to the above scheduled time set for closing. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

2. PRE-PROPOSAL MEETING - DELETED

3. CLARIFICATION OF REQUIREMENTS

3.1. It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.

It is the offeror’s responsibility to advise the City of Lubbock Director of Purchasing and

Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock

Purchasing Office no later than five (5) calendar days prior to the proposal closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN

WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL

CLOSING DATE AND ADDRESSED TO:

Kiara Morgan, Buyer IV

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, TX 79401

Fax: (806) 775-2164

Email: KMorgan@Mylubbock.us

4. CONTRACT TERM

4.1. The contract shall be for a term of one (1) year, with the option of four (4), one year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract.

mailto:KMorgan@Mylubbock.us

Actual usage may be more or less. Order quantities will be determined by actual need. The City of

Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and

Contract Management Department as required by contract or contract may be terminated for non-compliance.

5. PRICE INCREASE

5.1. Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City’s discretion for the effective change in Consumer Price Index (CPI) or

Product Price Index (PPI) as appropriate.

5.2. Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City’s sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period.

5.3. If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate.

6. TERMINATION OF CONTRACT

6.1. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,

(2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city.

7. ADDENDA & MODIFICATIONS

7.1. The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

7.2. Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

7.3. Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding.

In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Department https://ci-lubbock-tx.bonfirehub.com/portal/ http://library.ci.lubbock.tx.us/ https://ci-lubbock-tx.bonfirehub.com/portal/ https://ci-lubbock-tx.bonfirehub.com/portal/ no later than five (5) days prior to the proposal closing date.

7.4. The City does not assume responsibility for the receipt of any addendum sent to offerors.

8. EXAMINATION OF DOCUMENTS AND REQUIREMENTS

8.1. Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this

RFP.

8.2. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the

Request for Proposal.

8.3. All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received.

9. PROPOSAL PREPARATION COSTS

9.1. Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal.

9.2. The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment.

9.3. All costs related to the preparation and submission of a proposal shall be paid by the proposer.

10. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

10.1. If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

10.2. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b)

10.3. The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney

General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government

Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

10.4. Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the

Texas Public Information Act.

10.5. Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below.

https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx

10.6. For more information, please see the City of Lubbock Public Information Act website at:

https://ci.lubbock.tx.us/pages/public-information-act

11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

11.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

11.2. A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

12.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

12.2. A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

13. CONFLICT OF INTEREST

13.1. The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock.

13.2. By signing their proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP.

13.3. It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx https://ci.lubbock.tx.us/pages/public-information-act

13.4. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the

Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed.

The questionnaire can be found at:

https://www.ethics.state.tx.us/forms/conflict/

For the City of Lubbock, these forms should be filed with the City Secretary’s Office, P.O. Box

2000, Lubbock, Texas, 79457

See Section 176.006, Local Government Code:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

A person commits an offense if the person violates Section 176.006, Local Government Code.

An offense under this section is a Class C misdemeanor.

14. CERTIFICATE OF INTERESTED PARTIES

14.1. Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas

Government Code requires certain business entities to submit an electronic disclosure form to the

Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply:

1) Contract requires an action or vote by the City Council (governing body); OR

2) Contract value is $1 Million or greater; OR

3) Contract is for services that would require a person to register as a lobbyist under Chapter

305 of the Government Code.

This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable).

15. ANTI-LOBBYING PROVISION

15.1. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE

CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF

EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING

DEPARTMENT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,

INTERVIEWS, OR PRESENTATIONS.

15.2. This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP https://www.ethics.state.tx.us/forms/conflict/ http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

16. AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

16.1. Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions.

Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A

CONTRACT. Failure to manually sign proposal will disqualify it.

17. ABOUT THIS DOCUMENT

17.1. This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of

Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

18. EVALUATION PROCESS

18.1. All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

18.2. Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror’s qualifications.

18.3. The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

18.4. The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

19. SELECTION

19.1. Selection shall be based on the responsible offeror(s) whose proposal(s) is/are determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP.

19.2. The successful offeror(s) will be expected to sign a contract substantially like that in the example provided.

19.3. NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY

AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY

SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

20. EQUAL EMPLOYMENT OPPORTUNITY

20.1. Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way a violation of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

21. NON-APPROPRIATION

21.1. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City

Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the

City shall not be obligated under this contract beyond the date of termination.

22. PROTEST

22.1. All protests regarding the RFP process must be submitted in writing to the City Director of

Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A

WAIVER OF ANY PROTEST.

23. THE CITY RIGHT TO AUDIT

23.1. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the

City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.

24. NON-ARBITRATION

24.1. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

25. ASSIGNING OR SUBLETTING THE CONTRACT

25.1. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the

Subcontractor that complies with all contract Insurance requirements.

26. TEXAS GOVERNMENT CODE SECTION 2252.152

26.1. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist

Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.

27. TEXAS GOVERNMENT CODE SECTION 2271.002

27.1. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

28. TEXAS PUBLIC INFORMATION ACT

28.1. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent

Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

29. CONFIDENTIALITY

29.1. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law.

30. INDEMNITY

30.1. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement.

31. SUSPENSION AND DEBAREMENT

31.1. Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that Contractor has not been placed on this list between the time of bid submission and the time of execution of the

Contract. If Contractor is placed on this list during the term of the contract, Contractor shall notify the Lubbock County Director of Purchasing. False certification or failure to notify may result in termination of the contract for default.

31.2. Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients). Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency.

31.3. By submitting a proposal in regard to this request, this firm certifies that neither this firm nor its principals are suspended or debarred by a Federal agency.

32. INSURANCE REQUIREMENTS

32.1. Prior to the approval of this contract by the City, the Contractor shall furnish a completed

Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE

CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL

SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.

32.2. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.

32.3. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):

Auto Liability Requirements: $1M/occurrence is needed

Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). Commercial General Liability to include Products – Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire

Damage (any one fire), and Medical Expenses (any one person).

Professional Liability Requirements: $1M occurrence /

$2M aggregate

Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer

Liability ($1M) is required with Workers Compensation.

* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non‐contributory basis on all liability policies except professional liabilities and workers' comp.

* Waivers of Subrogation are required for CGL, AL, and WC.

* To Include Products of Completed Operations endorsement.

* Carrier will provide a 30‐day written notice of cancellation, 10‐day written notice for non‐ payment.

* Carriers must meet a A.M. Best rating of A‐ or better.

* Subcontractors must carry same limits as listed above.

IMPORTANT: POLICY ENDORSEMENTS

The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.

REQUIRED PROVISIONS

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage;

b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;

c. Provide for notice to the City at the address shown below by registered mail;

d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance;

e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

NOTICES

The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF

INSURANCE.

All notices shall be given to the City at the following address:

Marta Alvarez, Director of Purchasing & Contract Management

City of Lubbock

1314Avenue K, 9th Floor

Lubbock, Texas 79401

Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.

City of Lubbock, TX

RFP 24-17997-KM

Citibus ADA Paratransit Client Assessments

GENERAL REQUIREMENTS

1. INTENT

a) Citibus is seeking proposals for interested occupational therapists to assess Citibus clients for ADA

Paratransit eligibility.

b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services.

c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection.

2. BACKGROUND

ADA Paratransit client assessments are conducted as a cost-saving measure to ensure that individuals requiring specialized ADA curb-to-curb service are certified to use it. ADA Client Assessment contract will be active for a period of one (1) year with an additional two (2) year option at the contractor’s discretion. Assessment services will be compensated based on an hourly rate.

3. SCOPE OF WORK

3.1 ADA Paratransit client assessments:

a) must be conducted by a licensed occupational therapist, as certified by the Texas Board of

Occupational Therapy Examiners. Copies of appropriate certificates and/or licenses must accompany proposal.

b) will be performed at Citibus’ Downtown Transfer Plaza at 801 Broadway Avenue (Lubbock, Texas 79401).

c) will occur every Tuesday between the hours of 9:00am and 12:00pm. Therapist will be notified of cancellations in advance of Tuesday showtime.

3.2 Under the contract, the selected occupational therapist:

a) will be responsible for own transportation to/from Citibus facility and other related activities.

b) will conduct a blood pressure check and a number of physical activities to gauge the client’s ability to board/alight a bus and walk to a bus stop.

c) will conduct a review of the client’s medical questionnaire for accuracy.

d) will be available by phone or email to respond to Citibus staff inquiries.

e) will be required to defend client eligibility determination at Lubbock Public Transit Advisory

Board meeting, or in a court of law.

f) will be required to file deposition or represent Citibus if contractor is sued over the determination of a client’s eligibility.

g) will be required to ensure that Citibus facility is registered and has appropriate registration/renewal certificates.

3.3 There is no guarantee for the amount of assessments needed on an annual basis.

3.4 Ensure compliance with all provisions of the Health Insurance Portability and Accountability Act

(HIPAA). Since the contractor will have access to confidential personal and medical information about the applicant, the contractor must comply with all provisions of HIPAA.

3.5 This agreement includes incorporation of Federal Transit Administration (FTA) Terms.

The preceding provisions include, in part, certain Standard Terms and Conditions required by the

Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions.

Enclosed:

CitiAccess Application - Exhibit A CitiAccess Your Guide to Ride - Exhibit B

4. EVALUATION CRITERIA

4.1. The following criteria will be used to evaluate and rank submittals:

4.1.1. Experience – 30 Points

4.1.1.1. The offeror’s experience in providing the services as requested in the specifications.

Provide three verifiable references on similar and related contracts. Please use attached reference form.

4.1.2. Understanding of Services – 20 Points

4.1.2.1. The offeror shall have the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance as required by these specifications.

4.1.3. Capability and Skill – 20 Points

4.1.3.1. Offeror’s capability, flexibility and skill to perform the services stated in the specifications.

4.1.4. Cost – 30 Points

5. PROPOSAL FORMAT

5.1. Proposals should provide a straightforward, concise description of the Offeror’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City.

5.2. The proposal should be bound in a single volume if submitting a hardcopy. All documentation submitted with the proposal should be bound in that single volume.

5.3. If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal.

5.4. The proposal must be organized into the following response item sections and submitted in an indexed binder.

5.4.1. Cover letter addressed to the Honorable Mayor and City Council that states the Offeror’s understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP.

5.4.2. A description of the methodology to be used to complete the project to include, but not be limited to, how recommendations will be formulated and commitment of adequate appropriate resources to the project.

5.4.3. Offeror’s specific expertise in areas pertinent to the project to include a listing and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. This list of projects in progress shall include the phase of work that each project is currently in (i.e.

design, bid, construction), and the estimated completion date.

5.4.4. A brochure of past work, with emphasis on comparable projects.

5.4.5. List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the project.

5.4.6. List of other professionals to be used, if applicable, with a record of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be involved in the project.

5.4.7. The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub-contractor and resumes of those persons who will be involved in the project.

5.4.8. The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances.

5.4.9. Describe the Offeror’s methodology for handling errors and omissions.

5.4.10. Disclosure of any obligations posing a potential conflict of interest, including service on

City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer.

5.4.11. Any material which the proponent wishes to submit and which is not specifically requested in the above categories.

5.4.12. Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal.

Application for ADA Paratransit Services Eligibility

Thank you for inquiring about eligibility for Citibus Access ADA Paratransit Service.

Access is for individuals with a disability or disabling health condition that prevents them from independently using the accessible Citibus fixed route service either all of the time, temporarily or under certain circumstances. The Americans with Disabilities Act (ADA) outlines specific criteria to determine eligibility for paratransit services; therefore, an application and in-person eligibility review are required to determine an applicant’s individual eligibility.

The following application must be filled out legibly and completely. The physicians form must be completed by a doctor, licensed health care provider, or licensed social caregiver familiar with your disability. After Access receives your completed application you may be contacted to schedule an in-person interview to determine your eligibility.

Transportation will be provided to you free of charge both to and from the in person interview/assessment.

You will receive your eligibility determination within 21 business days from the date that your interview and functional assessment have been completed. If you require any assistance in completing this application you may call our scheduling office at 806-775- 3640.

Again, we thank you for your interest in Citibus Access.

Citibus Operations 806-775-3640

Exhibit A

Return completed application to:

CITIBUS

Attn: Citibus Access Eligibility 801 Texas Avenue Lubbock, Texas 79401

Or by fax: 806-775-2955

To ensure your application is processed in a timely manner, all questions must be answered. Part A and Part B must be submitted at the same time. Incomplete applications will be returned to applicant and/or individual/agency completing application. All information is kept confidential. Citibus Access will only use the information obtained in this certification process for the provision of transportation services.

PART A: General information regarding applicant To be completed by applicant or on behalf of applicant. (Please Print or Type)

[ ] New Applicant [ ] Recertification

Last Name First Name Mid. Initial

_____________________________________ [ ] Male [ ] Female Date of Birth

Street Address Apt/Suite # Name of Apt Complex/Nursing Home

City State Zip

Mailing Address if Different

Home Phone Cell Phone E-Mail

OFFICE USE ONLY

Determination:

Expiration Date:

Assessment Date:

Date Letter Mailed:

Please answer all of the following questions.

1. What is your physical, mental, or other disability which limits your ability to travel? (Please identify most limiting conditions.)

2. Is this condition temporary? No Yes If yes, for how long?_____________________

3. Please explain as completely as possible how your disability prevents you from getting on

(boarding), riding, or getting off (de-boarding) a fixed route bus or how it prevents you from getting to the bus stop.

4. My condition: (mark all that apply) Is constant Changes daily

Changes at different times of the day Is in remission Not applicable

5. I use the following to assist me (mark all that apply).

Cane

White Cane

Walker

Crutches

Crutches

Manual wheelchair

Motorized wheelchair or scooter

Wheelchair 24 to 34 inches wide

Portable oxygen or respirator

Personal Care Attendant

Communication Device

Other answer: ______________________________________________________________

If you marked wheelchair or scooter does the combined weight of the mobility device and your weight exceed 600 lbs? No Yes

Do you use a service animal? No Sometimes Yes

If yes or sometimes, please describe the type of animal and what service(s) the animal is trained to perform: ________________________________________________________________________

6. Do you currently use the Citibus fixed route service?

Yes Which routes? ____________________________________________________________ No, because I have never tried.

I have difficulty getting on or off the bus.

I have difficulty riding specific routes. Why? ______________________________________ I have difficulty traveling to and from the bus stops.

I have difficulty recognizing the bus stops.

Other (specify) _____________________________________________________

7. Are you prevented from traveling to or from a bus stop boarding location for one or more of the following reasons?

Inability to negotiate terrain in the area (no sidewalks, hills, etc.) Please explain ____________

Extreme sensitivity to climatic conditions. Please explain ______________________________

Environmental sensitivities. Please explain _________________________________________ Hyper-fatigue, frailty Bus stop too far away Other reasons. Please explain: ____________________________________________________

8. Are you able to perform the following functions?

Get to a bus stop Cross the street at traffic lights Cross the street at busy intersections Navigate the Citibus fixed routes Board and get off of a fixed route bus Transfer from one fixed route to another

Ask for and follow written or oral directions Find your way between familiar locations Travel alone from drop off point to destination Recognize your destination or landmark near your destination

If you are unable to do any of the above please explain what prevents you.

9. List three of your most frequent destinations, and how you get there? Please be specific.

Destination & Street Address Frequency of Travel How do you get there now?

Ex. Walmart, 702 W. Loop 289 Twice a week Route 9 or Friend or family member

10. Are there places you would like to go that you cannot get to now?

Destination & Street Address Frequency of Travel How do you get there now?

Ex. Covenant Southwest, 9812 Slide Rd Once a month Cab

In Case Of Emergency Notify (Please select someone who would NOT be riding with you):

Name Relationship

Home Phone Work Phone

Address City State Zip Code

Please read and initial that you understand the following Access policies.

1. Eligibility is based on how my disability impacts my functional ability to use the accessible Citibus fixed route service. _______

2. I will be asked to complete a physical/functional assessment, and I will need to bring all mobility aids (including service animals) that I typically use in the community. _______

3. Access is public transportation and I will be sharing rides with other passengers. _______

4. Access does not provide emergency service. _______

5. Excessive no shows could result in ridership suspension per the Guide to Ride. _______

6. Access has 15 minutes before and 15 minutes after the scheduled pick up time to arrive. _______

7. Access will wait only 5 minutes from the time it arrives. _______

8. Access is a curb to curb service. _______

I understand that this application is part of the process to determine eligibility for ADA paratransit service. I certify that the information provided in this application is accurate. I understand that false information may result in the denial or annulment of Access service. I further understand that all information will be kept confidential, and only the information required to provide the services I request will be disclosed to those who perform those services.

Applicant’s Signature ____________________________ Date _________________

Interviewer’s Signature ___________________________ Date _________________

**If applicant has been assisted by someone else in completing this application, that person must complete the following:

Last Name First Name Mid. Initial

Street Address Apt. No.

City State Zip Code

Home Phone Work Phone Relation to Applicant

ACCESS SERVICES ASSESSMENT INFORMED CONSENT & HEALTH INFORMATION

I understand that part of the functional assessment occurs indoors and outdoors.

I may be asked to perform several activities:

• Physical…