RFP 22-013 Transportation Services - Addendum 2 - Final.pdf

RFP 22-013 - Addendum #1

SALEM AREA MASS TRANSIT DISTRICT

REQUEST FOR PROPOSALS

RFP 22-013

TRANSPORTATION SERVICES

ADDENDUM #2

Salem Area Mass Transit District is providing information and making changes / additions / modifications / revisions as an Addendum to RFP 21-013.

The following changes, clarifications and SAMTD responses to questions posed to date are hereby provided to all proposers:

1. Question: Regarding potential property sites for the successful proposer, should we limit a lease term? Landlords want a specific lease term. Normally we go the base of a contract, if you are looking for property as well, we would have to cut that short and would incur additional costs.

Response: SAMTD recommends lease terms for the full term of a resultant contract.

2. Question: How is ridership trending coming out of the pandemic?

Response: We are holding very consistent for the hours that we are operating. Regional services is much easier to predict because it is a fixed route. The workshops work that we used to service have disappeared. There is no anticipation of that returning. Numbers wise, we’ve lost about 52% of the ridership when the pandemic hit due to the workshops, and the organization that manned those workshops closed their doors. The program is no longer running. Since that time we’ve noticed ridership has remained steady. Our regional commuter didn’t take as much of a hit in downturn. Our regional service is running at 100% service levels since the end of 2021.

Our local fixed route is operating at 90% of pre-pandemic ridership.

SAMTD will add additional Regional service in November of 2022 for the Dallas Area, providing a commuter service from Independence to Monmouth. Two vehicles running 14 hours a day, running 7 days a week. There may be increases in level of service in other areas like Silverton as well.

3. Question: Has Silverton been providing this service themselves?

RFP 22-013 – Addendum #1

Response: SAMTD believes that Silverton has the funding available, but has not done anything.

4. Question: On the software RFP that is being released at the end of the month as identified at the pre-proposal conference, the time may not allow us to see the scope prior to our submission. Can we get a scope of the details of the software you are procuring?

Response: SAMTD will not release scope of a solicitation before it is publicly advertised in order to preserve the competitive environment.

5. Question: RFP Page 9, Section 12: In order to encourage competition for this contract and provide bidders with enough time to responsibly bid, including identification of an appropriate facility for this project, we respectfully request a 3-week extension to the proposal submission deadline with an appropriate adjustment also provided to the Question Deadline. With a service transition start date of October 1, we are hoping there may be some flexibility within the schedule to allow this extension.

Response: SAMTD is extending the submission deadline by two (2) weeks. The close date for the solicitation response is hereby extended to 7/8/2022 at 4pm PDT.

6. Question: Regarding the Due Date – We request a minimum two (2) week, prefer three (3) week, extension of the Due Date for submission to allow for thorough review of data provided through the Q&A process and the ability to properly develop a complete price and proposal submission.

7. Question: Regarding Fleet - Please provide additional information on the Agency provided fleet to include Year, Make, Model, engine type, fuel type, average miles operated per year.

Please advise if the contractor is required to provide any items on the bus [fareboxes, radios, MDT, etc.].

Response: Please see Exhibit C – SAMTD Fleet Reports.

8. Question: Does the Agency have a vehicle replacement schedule that can be shared? Are any new buses in the process of being procured for either replacement or expansion?

Response: SAMTD follows the FTA guidance on useful life, as well as an internal benchmark.

This can be found in Exhibit C – SAMTD Fleet Reports.

9. Question: Please provide the current total number of revenue vehicles. Please include spare ratio. The “Mileage by Bus” report lists 60 vehicles; however, page 3 indicates 63 buses [43 paratransit, 15 regional and 5 Shopper shuttles].

Response: Please see Exhibit C – SAMTD Fleet Reports.

10. Question: Please clarify the number of vehicles used in revenue service by day of week, the peak service hours and number of buses in service at these times.

Response: SAMTD shows that peak pull out for Lift is 24 vehicles, for Regional is 9 vehicles, and for Shop and Ride is 2 vehicles.

11. Question: Please clarify whether a Contractor will be compliant with only submitting an electronic proposal as noted in Section 3, Item 1.A via email by the due date and time.

Recognizing proposal documents and associated attachments can be large files, does the Agency have a preference for a file sharing service like Dropbox, etc? Also, if large email files are not possible, please confirm that an electronic submission on a thumb drive will be acceptable, without hard copies, mailed. Please confirm that this is the email it should be sent to:

dan.knauss@cherriots.org.

Response: Proposal submission instructions are located in the solicitation Part 1, Section 3, 1.A. Proposals submitted via email to dan.knauss@cherriots.org before the close date and time will be considered compliant. SAMTD does not have a preference in the type of electronic file.

Submission on a thumb drive is acceptable if received by the solicitation close date and time.

12. Question: Please provide the names and contact information of any current DBE vendors used by the current Contractors to include the service provided and rates.

Response: SAMTD is not aware of any DBE suppliers being utilized by the incumbent service providers.

13. Question: Please confirm that the final contract will be updated to include any clarifications and responses provided during the question/answer period and any clarification process.

Response: The resultant contract will include scope clarifications provided by SAMTD as well as other clarifications provided by SAMTD.

14. Question: Will Cherriots allow additional follow-up questions to the responses they provide?

Response: The current solicitation schedule does not incorporate an additional question and clarification component, however SAMTD may elect to provide an additional clarification mailto:dan.knauss@cherriots.org opportunity if SAMTD determines that it is in the best interest of the District to do so.

15. Question: There was a mention at the pre-proposal conference of a planned, new regional route that would be operated as part of this contract. Please provided as many details as possible to include expected days of service, start/end locations and times, etc. This will allow for appropriate planning.

Response: These details have not been fully disclosed to SAMTD. The cities that are putting this together have not fully flushed out those routes. In approximate terms, the route would be between Independence, OR and Monmouth, OR. One-way trip of approximately 3 miles. The cities are proposing two (2) vehicles of unknown make/model, 14 hours per day, and seven (7) days per week. Again, nothing has been confirmed.

16. Question: Paratransit Specific:

1. Please provide a productivity report from the dispatching software daily for one full week and monthly for the last 12 months that shows data that includes:

Breakdown of Hours covering: a. Total vehicle hours; b. Service/Live hours; c.

Deadhead Hours; d. Break/Lunch Hours; e. Refuel Hours; f. and Any Other Hours;

2. Breakdown of Miles covering; a. Total Miles; b. Service/Live Miles; c. Deadhead

Miles; d. Break/Lunch Miles; e. Refuel Miles; f. and Any Other Miles;

3. Average Distance in miles per Trip; Average Length in minutes per trip; Trips per Revenue Hour.

Response: Please see Exhibit A – Hours Report, and Exhibit B – Miles Report.

17. Question: Please provide the revenue miles and hours; deadhead miles and hours; and total miles and hours for these services for each month of the past 12 months.

18. Question: Please provide the average number of revenue hours for each day of the week.

19. Question: Please provide the average number of deadhead hours for each day of the week.

20. Question: Please provide the average revenue miles for each day of the week.

21. Question: Please provide the average dead head miles for each day of the week.

22. Question: For fixed route regional service, please clarify if billable time continues past scheduled hours on the last trip due to exterior factors (traffic, weather, incidents, etc.).

Response: SAMTD evaluates on a case-by-case basis; however, the base billing model is from first pick up to last drop off.

23. Question: For paratransit service, please clarify if revenue hours begins at the first pick-up, even if that pick up is a no show.

Response: SAMTD would evaluate the circumstances for each case. For example, if the no-show was due to contractor error, that trip would not be paid. If the no-show is a pure no-show, that trip would be paid.

24. Question: Please provide the actual Revenue Hours operated for each service for the months of FY22. Is the provided 'projected' levels an actual trending level or the initial goal for the year? This represents year over year increase from FY21 of: Regional service 28%, LIFT service 30% and Shop& Ride 18%. What service additions/changes are driving that volume of increase? With the current Rate Per Hour price structure Contractors will not be able to recoup their fixed costs if the service levels are lower than the projected levels.

Response: The actual numbers are contained within the report from question 16. With regard to the projected numbers, SAMTD is attempting to show the difference between pandemic service levels and current conditions. It is unknown if pre-pandemic ridership will ever return. The increase referred to in this question is not so much an increase, rather a return to a more “normal” service level as the pandemic subsides.

25. Question: What volume (if any) Excessive Slack Time Does the LIFT service incur on an average weekday and Saturday?

26. Question: Please provide the number of calls by hour and by type (reservations, where's my ride, etc.) for each day of the week. Please provide a Call Report for a full month, with daily detail to include calls per hour, hold times, etc.

Response: Please see Exhibit G – Call Center Weekly Stats.

27. Question: Call Center - Please provide calls anticipated (quantity and peak).

28. Question: Call Center - please provide average hold time, talk time, and handle time.

29. Question: Call Center - please provide call abandon rate.

30. Question: What is the current percentage of "Subscription Service" trips compared to the total number of trips?

Response: Currently 24% of paratransit trips are subscription.

31. Question: Please clarify what computers, network and internet service Cherriots plans to provide at the contractor's facility to run and support the agency provided computerized scheduling and dispatch system and any other technology.

Response: Desktop technology consists of a newer Dell OptiPlex desktop computer running Microsoft Windows 10. Internet connectivity is currently provided by a 1GB fiber link to Comcast.

32. Question: IT: Are there any non-standard system applications that need to be installed on Contractor’s workstations?

Response: Other than the software required to perform the function of the contract (currently RouteMatch), the only required additional software is antivirus and MFA via DUO application.

33. Question: IT: What systems, applications or on-bus technology does the Contractor need to provide computers or servers for?

Response: None

34. Question: IT: Will the contractor need to provide tablets, iPads, Wi-Fi, or cellular service?

Response: Not required on this contract; however, if the proposer provides it for its staff, then it is at their expense.

35. Question: Telephony: Please clarify "SAMTD may supply this technology based on the proposer’s location(s)." Should Contractors include a phone system and telephone costs in our proposal and pricing with the potential these might be negotiated out? Or, shall Contractors not include any costs for phone system or service?

Response: The current Call Center contractor uses Mitel call center system for telephony;

however, if the proposer requires a different solution, then it would be at their expense.

36. Question: Telephony: Does the agency have a minimum quantity of Telephone Sets or workstations needed?

Response: One per reservationist.

37. Question: Telephony: Will advanced call management features be required? (Call Recording, Call Reporting, IVR menus)

Response: Not identified at this time, but may be a future consideration.

38. Question: Application Support: Are there any applications or systems that need to transition from the current contractors' system to the new contractors system?

Response: No applications will need to be transitioned; only data.

39. Question: Please clarify whether the SAMTD provided digital radio system includes portable radios for road supervision and/or units for non-revenue support vehicles.

Response: The current communication system is a digital radio system. This system will remain with the service.

40. Question: Will Cherriots provide radios for any Support Staff (in addition to Dispatchers), or Contractor provided support vehicles?

Response: The existing radio system and units will remain with the service and transition (if applicable) to the successful proposer. The current system includes a dispatch base station and supervisor radios.

41. Question: Please clarify any specifics required relating to phone and data lines needed.

Number of lines, data line type (Cable, T-1, TDD, etc.).

Response: The connection to SAMTD will either remain as it is today or an alternative plan based on location will be addressed at the time of an award.

42. Question: IT: Call Recordings – Are Contractors required to make call recordings available to the Agency? HIPAA regulations raise concerns in this area and may require a very controlled process.

Response: Call recordings will only be provided to SAMTD in extreme cases. The process for sharing information is controlled and does not violate any HIPAA regulations.

43. Question: Software: Please confirm SAMTD will be responsible for hosting and maintaining the software products that will be provided.

Response: SAMTD is prepared to host the software on internal systems.

44. Question: Hardware: Please confirm SAMTD will provide all computers and monitors needed to operate the scheduling and dispatch system to include dual monitors for each work station.

Response: This is correct and confirmed.

45. Question: What is the current pre-trip and post-trip time per driver?

Response: 15 minutes on pre-trip and 10 minutes on a post-trip.

46. Question: Is an armored car service used to deposit the fares?

Response: SAMTD is not aware of any armored car service for the incumbent.

47. Question: What type of fareboxes are currently utilized within the revenue vehicles? If none, please provide fare collection process.

Response: The Regional buses have a farebox with a key. Lift and Shop and Ride vehicles do not have fareboxes. All fares are collected by the operator and turned in to dispatch at the end of each shift.

48. Question: Please provide the total dollar amount of cash fares paid, by month, for the past 12 months.

Response: See the following: Running Total

Jul-21 $ 9,979.90 $ 9,979.90

Aug-21 $ 10,657.44 $ 20,637.34

Sep-21 $ 10,627.11 $ 31,264.45

Oct-21 $ 11,485.75 $ 42,750.20

Nov-21 $ 10,477.15 $ 53,227.35

Dec-21 $ 9,927.94 $ 63,155.29

Jan-22 $ 10,141.93 $ 73,297.22

Feb-22 $ 9,803.30 $ 83,100.52

Mar-22 $ 11,858.82 $ 94,959.34

Apr-22 $ 10,976.22 $ 105,935.56

May-

$ 10,879.44 $ 116,815.00

Jun-22

$ 116,815.00

49. Question: Please confirm only a General Manager is required to be named for proposal;

recognizing that most staff will be hired from the current workforce who know the operation.

Response: Correct. The General Manager is the only position that needs to be named in the proposal.

50. Question: Please confirm that notice to have a Contractor employee removed from SAMTD service will be in writing to include the reasons for such removal. Request the addition of the following language: 'Unless prohibited by law, Agency shall indemnify, defend, and hold Contractor harmless from and against all claims, expenses, or liabilities by or to a removed Contractor employee arising from the removal of that employee based on the Agency’s request.'

Response: This is correct. Any correspondence of this kind would be delivered in writing.

51. Question: We intend to hire as many of the existing employees as possible. In order for us to ensure that they make at least as much, or more than they do now, please provide a seniority list for the current employees for each of the current contracts, and indicate position, full time or part time, hire/seniority date, length of service, and current rate of pay.

Response: Please see Exhibit F – Contracted Seniority List.

52. Question: What is the current starting wage for drivers and hourly staff positions?

Response: Each proposer should propose a wage structure that matches their pricing proposal.

53. Question: Due to the industry wide labor shortages, would the agency include a minimum wage requirement for this procurement?

Response: No. There will be no minimum wage requirement.

54. Question: Please provide information regarding the current benefits and co-pays for the current employees to include drivers and staff. Please include as many specifics as possible like plan levels, participation for each employee, etc.

Response: This is up to each of the proposing companies. SAMTD cannot speculate or speak to what each company will pay for benefits.

55. Question: Are any of the employees covered by a union labor agreement? Do the current labor contract(s) include a pension plan? If so, please provide any details surrounding this plan.

i.e. Defined Benefit, Defined Contribution, Under-funded Liability.

Response: Yes. The Amalgamated Transit Workers Union (ATU) Local 757 represents drivers, dispatchers, and utility workers currently. SAMTD suggests that proposers can gain additional information regarding the union plans at the union website.

56. Question: Please provide a list of the positions, and quantity for each, currently provided by each of the contractors for this operation. Please indicate whether these positions are 100% dedicated to this contract. Can you confirm if these volumes are adequate to achieve your performance goals?

Response: The Call Center positions are: Reservationist (5); Lead (1); Scheduler (1); General Manager (1). On-Street are: Driver (51); Dispatcher (4); Utility worker (2); Supervisor (3); Office Manager (1); Safety Manager (1); General Manager (1). All of these positions are 100% dedicated to the work on this contract. Each proposer should create the workforce plan and structure that they feel is best for SAMTD requirements.

57. Question: Please provide a current organization chart to include management, staff and drivers for each of the current contracts.

Response: See response to question #56 above.

58. Question: Please provide details regarding any subcontractors being used in this service currently, and which services they are providing.

Response: There are no subcontractors allowed on this contract.

59. Question: Please clarify the requirement for Annual criminal background checks. A background check is typical for pre-employment but not always required as an annual process.

Response: The criminal background check will be completed by SAMTD. All personnel on this contract are required to submit the information necessary to complete the check to SAMTD.

Upon completion of the background check, SAMTD will provide the contractor with a written approval/denial for the employee to enter revenue service. In addition, SAMTD expects the contractor to follow their internal hiring process to complete their version of the background check.

60. Question: Please clarify whether the National criminal background check is required to be a Department of Justice (DOJ) report.

Response: See response to question #59 above.

61. Question: Please confirm First Aid and CPR is a requirement. Most agencies have moved away from this requirement to focus on using emergency services response.

Response: This is not required; however, not discouraged.

62. Question: Is there a minimum number of required training hours for new Drivers? What is the minimum number of hours the current contractor provides for new Drivers?

Response: Yes. Please refer to Entry Level Driver Training requirements as well as all necessary para transit driver training.

63. Question: Would SAMTD accept a training program that includes passenger assistance techniques that are similar to "PASS"; or is the named 'PASS' training program required?

Response: Yes

64. Question: Please confirm ALL drivers require a CDL license to operate each vehicle type and service (paratransit, regional, etc).

Response: Currently, yes.

65. Question: Are there currently any bus park-outs used for the regional routes? If so, what are the locations, is there a contract for the use of parking buses at these locations, does SAMTD approve of the use of these locations and/or bus park-outs?

Response: Yes. There are currently three (3) buses out stationed in Dallas, OR. The current contractor has a contract with the property owner for limited use of the facility. Any park out location would need the approval of SAMTD.

66. Question: Can you provide a list with the addresses of the Cardlock fuel stations?

Response: Yes. Currently PacificPride or PetroCard is the cardlock provider.

www.petrocard.com for the locations.

67. Question: Please provide a listing of any penalties charged or incentives earned over the past 24 months for each of the current contracts. Please clarify if the liquidated damages listed in the RFP differ from the current contracts.

Response: There have been none.

68. Question: Please clarify how SAMTD will apply Liquidated Damages for each Performance Standard under the 'not to exceed $500 per deficiency, per standard'. The $500 per incident seems extensive. Would SAMTD consider establishing a progressive level of liquidated damages if a standard is not met over multiple monthly periods?

Response: As per the RFP, any liquidated damage would be discussed in advance and is in line with industry practice. That being stated, there have been no concerns with performance, thus no LD’s have been levied. SAMTD will certainly be open to contract discussions in this area once an award has been made.

69. Question: Would the agency consider postponing performance penalties during the first 90 days of the new contract period for a new contractor?

Response: SAMTD will entertain discussions with apparent successful proposer if needed.

70. Question: Please provide the actual performance for each performance standard listed by month for the past 24 months.

Response: Contractors are meeting current performance standards. Performance standards under a new contract will differ as outlined in the scope of this solicitation.

http://www.petrocard.com/

71. Question: Request that Contractor be charged for Incentives and Penalties no later than 60 days of the occurrence so that Contractor has an opportunity to investigate while data is current and so that penalties do not add up. Request language added similar to: 'Agency must notify Contractor in writing within seven (7) days of an incident it intends to assess liquidated damages.

Contractor shall have thirty (30) days following such notice to cure the incident prior to the assessment of liquidated damages. Agency must bill Contractor for such liquidated damage within sixty (60) days of the incident if the violation has not been remedied. Failure to either timely notify or bill Contractor shall relieve Contractor of its obligation to pay liquidated damages for the particular incident.'

Response: SAMTD will review all possible deficiencies prior to LD being levied. SAMTD will not allow such items to “add up.” The longest period of time that would be covered would be one (1) quarter.

72. Question: What is the current level of productivity for each of the services? Please provide for weekday, Saturday and Sunday by service. Is the listed goal of 3.25 based on the current, post COVID service performance or the pre-COVID service when the group programs rode the service? If pre-COVID, recognizing the indication that the group program is not anticipated to return to riding, would SAMTD consider modifying the goal and expectations based on the current service performance and ridership with more single rider trips?

Response: The current contractor has met/exceeded the stated goals for the length of the contract. SAMTD has adjusted the goal as necessary due to changes in ridership patterns beyond the contractor's control. SAMTD believes all of the stated goals are attainable.

73. Question: If Cherriots is seeking a new scheduling/dispatch system, will Liquidated Damages related to the implementation of the new system be waived for the 1st 60 days, (while system settings are being tuned)?

Response: The software system is still undetermined as it is still in the solicitation process.

Additionally, see response to question #69.

74. Question: During the transition, how many vehicles will be made available to the incoming contractor to perform training?

Response: The transition plan will be finalized once an award has been made. Each proposer should develop a transition plan that would be ideal for them. Once an award is made, then work between the incumbent and successful proposer can begin, unless the successful proposer is the incumbent.

75. Question: Please provide copies of the last three months of management reports from the current Contractors. Please provide the detailed reports provided in the RFP for three (3) complete months of services. If possible, please provide in Excel and/or Word version

Response: Please refer to Exhibits A, B, D, and G.

76. Question: Please provide copies of the last twelve months of invoices from both current Contractors.

Response: SAMTD declines this request.

77. Question: Please provide a clearer version of the listed report on pages 39 through 48, or provide the Excel / Word files. The copies in the RFP are blurry.

Response: Please see Exhibits A, B, C, D, and G.

78. Question: The RFP indicates 'Proposals shall not exceed 150 pages in total.' Please confirm that required forms as well as attachments are not included in the 150 page limit. Many attachments like financials are fairly large documents. Does the page limit include the table of contents, proposal cover sheet, and any page dividers/tabs?

Response: The proposal is limited to 150 pages in total. This total does not include the required forms in Exhibits 1-14, financial reports, page dividers, or tabs.

79. Question: Please confirm the 72,000 hours for pricing as listed in the Exhibit 13 price workbook, up from the current estimated 70,846 hours for FY22. Please describe plans for any changes to the volume of hours in the next 12 months.

Response: As per the RFP Scope of Work, these hours are a projection. There is a range that is outlined in the Scope of the solicitation.

80. Question: Please clarify the line item credit on the Price Pages on tab 'Pricing Sheet' for $39,000. This amount is being subtracted from Contractor costs in advance. Do Contractors keep all fare revenues collected? Will SAMTD reimburse the Contractor should fare revenues collected be less than $39,000 per year? Would SAMTD consider removing line 80 Fare Revenue and have Contractors provide a line item credit on the monthly invoice of the actual fares collected?

Response: The farebox recovery is retained by the contractor. That amount is subtracted from that month’s invoice. The $39,000.00 per month is an average based on actual performance by the incumbent. There is no reimbursement for any farebox recovery that is less than the amount listed in the RFP. Again, this is an average based on actual performance.

Whatever is collected is deducted from the invoice.

81. Question: Please clarify Column B 'CONTRACT PERIOD Jan. 1, 2023 - Dec 31, 2025'. Will the Start Up period be 90 days October through December 2022? How will Start Up costs be paid to Contractor? Single lump sum upon completion of the transition or spread over Year 1?

Response: The transition period is separate from the contract period. The 90-day period beginning on 10/1/2022 is the time for, if necessary, the successful proposer to take over daily operations on 1/1/2023. The resultant contract term is estimated to begin on October 1, 2022 to allow for a 90 day transition period (if necessary) with Transportation Services to begin January 1, 2023.

82. Question: Contractors will have a large amount of fixed costs to operate the services provided in the RFP. Would the SAMTD be open to a Fixed and Variable pricing model? This provides price stability for the requirement to secure a facility lease and staff levels regardless of service level. And the associated variable Revenue Hour rate provides flexibility for service level fluctuations.

Response: SAMTD suggests that each proposer should put forward their best proposal for technical aspects as well as pricing.

83. Question: Contractors will have a large amount of fixed costs to operate the services provided in the RFP. Would the SAMTD be open to and accept contract language that allows for price renegotiation if hours were to increase or decrease by a set percentage of hours, for example 15% increase or decrease in hours?

84. Question: Please clarify the following statement on the Proposal Signature Page tab understanding that SAMTD provides all maintenance services and parts - "Please include all costs, warranty on parts and labor, and maintenance costs for the 1st year after acceptance in the base price of the proposal."

Response: This reference is to any costs not identified as being provided by SAMTD in the solicitation.

85. Question: Please confirm the current contracted transit employees are covered by 49 USC 5333(b) (also known as Section 13c of the Urban Mass Transportation Act of 1964)? Is there an employee pension program and does it have an underfunded liability?

Response: The contracted employees are currently covered under a collective bargaining agreement. That CBA must be discussed between the successful proposer/incumbent. SAMTD cannot comment on the contractor’s pension/retirement plans.

86. Question: Request the addition of Force Majeure conditions terrorism, picketing, strike, labor dispute, labor shortages, governmental action, fuel shortage, interruption to power or communication grid, pandemic, and epidemic. Request the language include coverage for payment of fixed costs in the event of a closure or suspension due to COVID or similar pandemic/epidemic events.

87. Question: Please confirm the contract starts in August 2022 to allow for a transition period, with actual new contractor providing service starting on January 1, 2023.

Response: The resultant contract term is estimated to begin on October 1, 2022 to allow for a 90 day transition period (if necessary) with Transportation Services to begin January 1, 2023.

88. Question: Request option years be exercised by mutual agreement recognizing that many things may change during the base term of the contract.

89. Question: Please provide a copy of the current contracts and any associated amendments for both Call Center and Operation services.

Response: Please see Exhibit E – Contractor Contracts.

90. Question: Request that Termination for Default include a minimum thirty (30) day cure period prior to notification of default recognizing that most contractual service is evaluated over a monthly period of time.

Response: SAMTD declines this request. The contract terms allow for a modification of the cure period as determined by the Contract Administrator.

91. Question: Request that Termination for Default be a mutual right to terminate for cause.

92. Question: Request that Termination for Convenience include language similar to the following: '..upon no less than ninety (90) days advance written notice to Contractor.'

93. Question: Request the Indemnification language be changed to limit levels to the insurance levels of the contract.

94. Question: The contract indicates that the FTA terms take precedence in a conflict with the Exh C General Conditions and Exh D Special Conditions; however, some of these are not clear or preferred. Please confirm for FTA terms Section 24 pages 92-93 Dispute Resolution the General Conditions Section 20 are preferred allowing for negotiation, then mediation, then either arbitration or litigation. Recommend clarifying dispute resolution.

Response: The FTA Terms and Conditions take precedence as identified in Exhibit B of the solicitation documents.

95. Question: Request the language for waiver of subrogation be modified to limit subrogation waiver only in the event of contractors' negligence or willful misconduct.

96. Question: Does the Agency have any requirements regarding support vehicles? Type, number, age limit, fuel type. How many are currently being supplied by each of the contractors?

Response: SAMTD will review all proposals in their entirety. Each proposer should propose what they feel is needed for successful operation of the contracted work.

97. Question: At various times, state, federal, and local governments change laws, rules and regulations which require a company to increase the wages or benefits for the employees that will be employed under this contract. If such an event occurs during the term of the agreement, how will the agency respond for a request for increased compensation? For example, the recent Affordable Care Act legislation significantly affected the level and cost of medical coverage for employees. Since these events cannot be anticipated and the costs are so significant, we need to understand the risk associated with such laws, rules or regulations.

Response: (Let’s discuss this one) Proposed response: Costs for recruiting, training, retainment of staff, supplies, work hour rates, wage adjustments, and equipment should be calculated in the proposed pricing and will not be subject to adjustment during a resultant contract. Should SAMTD request services that are not covered within the scope of this solicitation and resultant contract, those costs may be negotiated between the parties or SAMTD may elect to send out the additional scope out for competitive solicitation.

98. Question: Paratransit: Is any part of the program funded by a Covered Entity (as defined under HIPAA), including Medicare and Medicaid?

Response: No

99. Question: Paratransit: Will Contractor be required to enter into a HIPAA Business Associate

Agreement to provide some of the contracted services?

100. Question: Would SAMTD consider an assignment provision that allows Contractor to assign the Contract to another company entity of the parent company without prior written consent of the agency?

101. Question: Would the agency consider overflow trips provided by non-dedicated vehicles on a per trip cost?

102. Question: How are driver reliefs for the regional service handled currently? Are all shift reliefs made locally in Salem?

Response: Current regional service does not have the need for any driver relief.

103. Question: How many extra board hours is the current operator incurring?

Response: The current contractor has extra board/stand-by coverage, but does not bill for any of these hours. SAMTD does not track the non-billable hours used by the contractor.

104. Question: Please provide detailed information for each regional Route to help with blocking and scheduling in Excel format. Please include deadhead hours and miles, number of buses currently used on each route, pull-out and return-to-yard times, etc.

Response: The locking and scheduling for the Regional routes are both completed by SAMTD Service Planning staff. The schedules can be reviewed at www.cherriots.org/regional

105. Question: Please provide current driver shift scheduled for these services.

Response: The driver schedule is developed by the Contractor. Each proposer can develop a driver schedule in any way provided the revenue service is performed.

106. Question: Please provide the current rates paid to each existing contractor for variable and fixed costs. Also, please indicate the total amount paid to each of the contractors for the last fiscal year.

http://www.cherriots.org/regional

Response: The current rate for on-street service is $60.10 per revenue hour. No variable rate is paid. The Call Center is paid a flat rate of $75,624.03 per month.

107. Question: What is the current turnover rate for drivers?

Response: The turnover rate varies by season, but currently is approximately one driver per month.

108. Question: Pg 16, Part 2, Scope and Specifications, Scope of Services, Computer and Related

Technology: Can SAMTD please clarify the selection date and implementation schedule of the computerized scheduling and dispatch software/hardware to be used in the new term by the selected contractor?

Response: The selection date and implementation schedule have not yet been set.

109. Question: Pg 16, Part 2, Scope and Specifications, Scope of Services, Computer and Related

Technology: Can SAMTD provide more detail as to the Contractor’s role in “cooperating with the installation, configuration, and upgrade or replacement of any of the hardware and/or software” included in the computerized system?

Response: SAMTD does not expect the contractor to have an active role in the installation, configuration, and upgrade or replacement of any of the hardware and/or software. SAMTD does expect the contractor to be able to flex accordingly as necessary to see that any project is completed, including the necessary training required for the contracted staff to perform their duties.

110. Question: Pg 16, Part 2, Scope and Specifications, Scope of Services, Computer and Related

Technology: The RFP states that the Proposer shall submit, as a part of their Proposal, plans of how Proposer will assist in maintaining the computerized system including software, hardware, and network infrastructure, complete system backup including database backup and test restoration plans.

Would SAMTD consider having the Contractor supply and/or host the software?

111. Question: Pg 17, Part 2, Scope and Specifications, Scope of Services, Scheduling Criteria:

Can SAMTD identify the IVR system that is currently in place? Does SAMTD expect this IVR system to integrate with the telephone callback system advising customers of each trip or pick up time?

Response: The current system in place is RoutchMatch by Uber. SAMTD will be releasing an RFP for a replacement solution for RouteMatch in the coming week(s). Those functions will be determined during that process.

112. Question: Pg 20, Part 2, Scope and Specifications, Scope of Services, Fares: Does SAMTD have a contactless fare payment system identified for future implementation?

113. Question: Pg 21, Part 2, Scope and Specifications, Scope of Services, Contractor Employees and Subcontractors – General: Does SAMTD provide the phone system for both the administrative staff and call center or is the Contractor to provide the phone system?

Response: The proposer should be prepared to provide the phone system at their facility.

114. Question: Price Adjustment: Will SAMTD consider including a provision that provides for price adjustments if Contractor’s costs increase as a result of (i) changes to the scope of work/service hours requested by the SAMTD, (ii) changes in laws, rules, regulations, etc.

applicable to the services to be provided by Contractor, and/or (iii) wage increases necessary for Contractor to be able to recruit and retain qualified employees as a result of an increase in the minimum wage in the City or surrounding jurisdictions; and (iv) costs incurred in response to a federal, state, or local state of emergency (including the COVID-19 pandemic or similar national emergency), including providing personal protective equipment, supplies, staffing, and additional services (including additional health and safety services or requirements)? If the parties are unable to agree on a rate adjustment, then either party may terminate the contract upon 120 days written notice to the other party.

Response: Costs for recruiting, training, retainment of staff, supplies, work hour rates, wage adjustments, and equipment should be calculated in the proposed pricing and will not be subject to adjustment during a resultant contract. Should SAMTD request services that are not covered within the scope of this solicitation and resultant contract, those costs may be negotiated between the parties or SAMTD may elect to send the additional scope out for competitive solicitation.

115. Question: Sample Contract, GC 3, Assignment and Subcontracting: This section states

Assignment requires prior written consent by SAMTD. Will SAMTD consider revising to provide such consent is not to be unreasonably withheld, conditioned, or delayed?

Response: SAMTD agrees to add language that such consent will not be unreasonably withheld.

116. Question: RFP, Scope of Services: This section states that a candidate who has a felony conviction shall not be considered for employment subject to limited exceptions. Will SAMTD consider revising to provide that Contractor will conduct individual assessments of each applicant/employee in accordance with applicable state and federal laws? Contractor will make individualized assessments of applicants with criminal histories but believes automatic disqualification of applicants based on “any felony” violates federal law. Specifically, the U.S.

Equal Employment Opportunity Commission (the “EEOC”) has determined that automatically disqualifying applicants based on criminal history may violate Title VII of the Civil Rights Act of 1964. The EEOC’s enforcement guidance is found at:

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

Response: SAMTD will continue the current practice with regard to background checks as well as working with the Contractor to assure that the individuals hired are ones that will deliver the World Class Customer Experience in SAMTD’s Brand Promise.

117. Question: Sample Contract, GC 14, Termination for Convenience: This section states SAMTD may terminate at any time upon giving written notice to Contractor. Will SAMTD consider revising to provide for 60 days prior notice of termination, and payment of Contractor’s reasonable close-out costs? Contractor may have contract termination costs (including vehicle and real estate lease termination) as well as employment termination obligations required by law (WARN ACT, etc.).

118. Question: Sample Contract, GC 4(B), Indemnification: This section states SAMTD may withhold payment as an assurance of indemnity obligations. Can this section be modified in consideration that Contractor provides appropriate insurance to cover its indemnity obligations?

Response: SAMTD is open to this concept in general, but reserves it right to decline this request.

119. Question: Sample Contract, GC 1, Term: This section states Renewal options are at SAMTD’s sole discretion. Will SAMTD consider revising to require mutual agreement for any extension of the agreement?

120. Question: Sample Contract, GC 18, Work Product: This section states Contractor shall deliver all data developed under the Agreement to SAMTD. Will SAMTD consider clarifying language to make it clear that this applies to only data/reports produced specifically for the SAMTD under the Agreement (as opposed to work product created for Contractor’s business generally)? Also, will SAMTD consider clarifying that software and computer programs provided for the performance of the services are not included and SAMTD will not obtain ownership as a result of the Agreement? Contractor may be licensing software for use in performance of the services. Contractor does not own such software, and the SAMTD will not acquire ownership of the software as a result of the Agreement (and Contractor has no ability to grant such rights).

Response: SAMTD will clarify this language in a resultant contract. SAMTD does not intend to acquire ownership of software obtained by the proposer, excluding reports and other work product generated by the software in support of the services being provided under a resultant contract.

121. Question: Sample Contract, Exhibit D, Special Contract Conditions, SP. 7 Insurance: This section states The General Liability policy shall be endorsed with the CG 2010 11 85 or CG 2010 10 01 and CG 2037 1001 or equivalent naming SAMTD and its directors, officers, representatives, agents, and employees as additional insured. Will SAMTD consider the following adjustment to this section? The General Liability policy shall be endorsed with the CG 2010 12/19 11 85 or CG 2010 10 01 and CG 2037 10 01 12/19 or equivalent naming SAMTD and its directors, officers, representatives, agents, and employees as additional insured.

ISO updates industry forms on a regular basis and has updated the CG 2010 and CG 2037 several times since the November 1985 and October 2001 versions. Contractor maintains the CG 2010 and CG 2037 forms with ISO 2019 versions, the 12/19.

Response: SAMTD is reviewing this request with Risk and Legal and will make appropriate revisions upon advice of counsel. SAMTD reserves its right to decline this request.

122. Question: Exhibit 13, Price Proposal Form, Start-up: How will start-up expenses be reimbursed? The Start-Up tab in the Price Proposal Form indicates a contract period of Jan. 1, 2023 - Dec. 31, 2025. As is more common in many similar Contracts, would SAMTD consider start-up expenses be paid at the beginning of the contract (following the start-up period) or over the first 12 months?

Response: The 90-day period beginning on 10/1/2022 is the time for, if necessary, the successful proposer to transition and take over daily operations on 1/1/2023. The resultant contract term is estimated to begin on October 1, 2022 to allow for a 90 day transition period (if necessary) with Transportation Services to begin January 1, 2023.

123. Question: Scope of Services, Page 14: SAMTD states that price may be renegotiated if service levels are below/above 5-7%. In view of the large variation in service hours in recent years, would SAMTD also allow bidders to submit pricing as a fixed and variable rate?

Alternately, would SAMTD allow bidders to submit pricing on a tiered pricing scale to account for potential fluctuations in service volume?

Response: SAMTD will respond to this request under separate addendum.

124. Question: Mobileye: Will SAMTD allow the Contractor to install Mobileye in SAMTD’s vehicles?

Response: SAMTD is willing to discuss the addition of any driver monitoring systems to their vehicles. Please add the system of choice and the expected results to your proposal. SAMTD reserves its right to decline this request.

125. Question: Liquidated Damages, Page 30: Please clarify the period associated with the penalty “not [to] exceed $500 per deficiency per standard”.

Response: Please see response to question #68.

126. Question: Call Center Operations Dashboard, Page 33: The values shown in this exhibit appear to be for 2020. Would SAMTD please provide data for a more recent period?

127. Question: Pricing: The Pricing Sheet does not specify on which line(s) to include the cost for reservationist(s) and scheduler(s). The cells in the column defining positions, etc. are locked and presumably should not be altered. Please instruct bidders where to include those costs.

Response: Please include the reservationists in the Administration/Coordinators group, as they are currently non-union roles. Schedulers will go in the Dispatch/Schedulers group.

128. Question: Pricing: Please clarify exactly how the prices will be evaluated, i.e., will only the

Base Term price be considered or the full contract term cost (including all option years)?

Response: The full term of the contract cost will be evaluated with all option years. We are required to conduct an analysis for base term and all option years available on a resultant

129. Question: Part 4, 2.2(D) Evaluation Procedure, Page 74: This section states that “price will account for twenty percent (20%) of a proposer’s total score.” On page 73, Price Proposal/Cost is shown to provide 35 of 100 points. Please clarify.

Response: The price will account for 35% of the total evaluation score. Part 4, Section 2.2 is deleted in its entirety and replaced as follows:

“The Procurement & Contracts Manager will combine the Proposal Price Scores with the SEC’s initial scoring of technical proposals. Consistent with PART 4, price will account for thirty-five percent (35%) of a proposer’s total score. The total points scored on both the technical and price will be considered in determining the competitive range. Competitive Range Proposers may have their references checked by a member of the SEC, the Procurement & Contracts Department, or a combination of both. Competitive Range Proposers may be invited for interviews and Best and Final Offer (BAFO).”

130. Question: Compensation: At various times, federal, state, and local governments consider laws, rules, and regulations which require an increase in wages or benefits mandated for the employees that will be employed under this contract. This may include various mandated wage ordinances or minimum wage requirements. If such an event occurs during the term of the agreement, how will the agency respond to an application for increased compensation?

subject to adjustment during a resultant contract. Should SAMTD request services that are not covered within the scope of this solicitation and resultant contract, those costs may…