USE THIS TEMPLATE FOR >$100,000; PERMISSIVE FOR $100,000 or less Do not use for Engineering, Architectural or Construction Management Services [date] REQUEST FOR PROPOSAL (RFP) < TITLE OF PROJECT> NOTICE IS HEREBY GIVEN that the <CHOOSE ONE AND CHANGE THROUGHOUT> Metropolitan Transportation Commission (MTC), Metropolitan Transportation Commission Service Authority for Freeways and Expressways (MTC SAFE), Bay Area Toll Authority (BATA), Bay Area Headquarters Authority (BAHA), Bay Area Infrastructure Authority (BAIFA), Association of Bay Area Governments (ABAG), (together referred to as “Agencies”), invites your firm to submit a proposal for the <above entitled project>. The RFP documents for this project are available for download on the MTC website at https://mtc.bonfirehub.com. Proposers are responsible for checking the website for any Addenda to this RFP. Responses should be submitted in accordance with the instructions set forth in the RFP. Interested firms must submit their Proposal by ___ a.m./p.m. on __________, ________, 202__, in accordance with the instructions contained in the RFP. Other key RFP dates are listed in Section V, Consultant Selection Timetable of the RFP. INCLUDE IF FEDERALLY FUNDED: Any contract entered into as a result of this RFP will be funded, in whole or in part, with federal funds from _______________. Accordingly, the requirements included in Attachment H, Federally Required Clauses of Appendix D, MTC Standard Consultant Contract, and Appendices F through F-5 to this RFP shall apply to this procurement. MTC Point of Contact: Insert Contract Specialist Name, Contract Specialist <Insert Agency> Bay Area Metro Center 375 Beale Street. San Francisco, CA 94105 E-mail: __________@bayareametro.gov Thank you for your interest. Sincerely, Andrew B. Fremier Executive Director AF: ___

TABLE OF CONTENTS

I. MTC and Project Description	1

A. Description of <Insert Agency Acronym>	1

B. Project Description	2

II. <Proposer MINIMUM> Qualifications	2

A. Minimum Qualifications	2

B. Other Qualifications	3

III. Scope of Work, Period of Performance, and budget	3

A. Scope of Work	3

B. Period of Performance	3

C. Budget	3

IV. PROPOSERS’ CONFERENCE AND REQUESTS FOR CLARIFICATION OR EXCEPTIONS	3

V. Consultant Selection Timetable	4

VI. SUBMITTAL OF PROPOSALS	5

VII. Form OF PROPOSAL	6

viii. Proposal Evaluation	10

A. <Delete text and insert ‘Not Used’ if not applicable> Verification of Minimum Qualifications	10

B. Review for General Responsiveness	11

C. Evaluation Panel and Evaluation Criteria	11

D. Small Business Enterprise (SBE) Program	12

E. Proposer Interviews	12

F. Proposer Discussions	13

G. Request for Best and Final Offer	13

G / H. Recommendation for Contract Award	13

ix. General Conditions	14

A. Award	14

B. Contract Arrangements	14

C. Selection Disputes	14

D. Public Records	16

E. Key Personnel	17

F. Conflicts Of Interest	17

G. Personally Identifiable Information	18

H. Pre-Award Audit	18

I. Web-Based Communication	18

J. Prevailing Wage Requirements	18

K. Payment, Sub-Contractor and Prevailing Wage Information	19

L. Cooperative Use	19

M. Disadvantaged Business Enterprise (DBE) Requirement	19

APPENDIX A, SCOPE OF WORK	20

APPENDIX B, COST AND PRICE ANALYSIS FORM	21

APPENDIX C, CALIFORNIA LEVINE ACT STATEMENT	22

APPENDIX D, STANDARD MTC CONSULTANT CONTRACT	25

APPENDIX D-1, INSURANCE REQUIREMENTS	26

APPENDIX E, IRAN CONTRACTING ACT	30

APPENDIX F, FEDERAL REQUIREMENTS	32

APPENDIX F-1, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS	35

APPENDIX F-2, CERTIFICATION OF RESTRICTIONS ON LOBBYING	38

APPENDIX F-3, Local Agency Consultant DBE Commitment	39

APPENDIX F-4, DBE INFORMATION – GOOD FAITH EFFORTS	41

APPENDIX G, SMALL BUSINESS ENTERPRISES (SBE) PROGRAM	44

I. MTC and Project Description

A. Description of <Insert Agency Acronym>

<insert appropriate description and supplement as necessary>

MTC was created by the state Legislature in 1970 (California Government Code § 66500 et seq.) to serve as the transportation planning, coordinating and financing agency for the nine-county San Francisco Bay Area.

or

BAIFA was created as a Joint Powers Authority (JPA) between the Metropolitan Transportation Commission (MTC) and the Bay Area Toll Authority (BATA) to plan, develop, operate and finance transportation projects, including express lanes. In October 2011, the California Transportation Commission (CTC) found the Express Lane Network eligible for development and operation by MTC under Section 149.7 of the Streets and Highways Code. In March 2013, MTC delegated its express lane responsibilities to BAIFA.

or

MTC SAFE is a regional public agency created in 1988 pursuant to California Streets and Highways Code section 2550 et seq. to install, maintain and operate a motorist aid call box system in the nine San Francisco Bay Area counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.

or

BATA was created by the California Legislature in 1997 to administer the base $1 auto toll on the San Francisco Bay Area's seven state-owned toll bridges. In August 2005, the California Legislature expanded BATA’s responsibilities to include administration of all toll revenue and joint oversight of the toll bridge construction program with Caltrans and the California Transportation Commission.

or

BAHA was created as a Joint Powers Authority (JPA) between BATA and MTC to purchase and develop 390 Main Street, San Francisco for the Regional Agency Headquarters Facility. MTC was created by the state Legislature in 1970 (California Government Code § 66500 et seq.) to serve as the transportation planning, coordinating and financing agency for the nine-county San Francisco Bay Area. BATA was created by the California Legislature in 1997 to administer the base $1 auto toll on the San Francisco Bay Area's seven state-owned toll bridges.

or

ABAG was formed in 1961 by a joint powers agreement among Bay Area local governments and serves as the comprehensive regional planning agency and Council of Governments for the nine counties and 101 cities and towns of the San Francisco Bay Region. The region encompasses Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma counties.

ABAG is a public entity created by local governments to meet their planning and research needs related to land use. ABAG also hosts a number of joint powers and administrative entities related to environmental and water resource protection, disaster resilience, energy efficiency, financial services and staff training to local counties, cities and towns. On May 30, 2017, ABAG and MTC entered into a Contract for Services (the “CS”) under which MTC provides administrative and program services to ABAG and its affiliated entities. Effective July 1, 2017, the employees of ABAG transitioned to MTC employees. MTC staff including Integrated Regional Planning Program staff now serve both the Association of Bay Area Governments and the Metropolitan Transportation Commission.

or

The Bay Area Housing Finance Authority (“BAHFA”) was created pursuant to Government Code § 64510 et seq. to raise, administer, and allocate funding and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production.

B. Project Description

<INSERT A DESCRIPTION OF THE PROJECT>

CHOOSE BETWEEN “Proposer Minimum Qualifications” OR “Qualifications” FOR TITLE AND WHETEHR SUBARTICLE a AND b ARE NECESSARY:

II. <Proposer MINIMUM> Qualifications

CHOOSE ONE OF THE FOLLOWING FOR PROPOSER MINIMUM QUALIFICATIONS:

There are no Minimum Qualification requirements associated with the RFP.

Or

Proposals must demonstrate that the firm or team submitting the proposal (“Proposer”) meets the following Minimum Qualifications to be eligible for consideration for this project.

CHOOSE THE FOLLOWING FOR QUALIFICATIONS:

A. Minimum Qualifications

Proposals must demonstrate that the firm or team submitting the proposal (“Proposer”) meets the following Minimum Qualifications to be eligible for consideration for this project.

1.

2.

3. …..

B. Other Qualifications

The following qualifications are not required in order for a Proposer to be determined eligible for consideration, but Proposers will be scored on these qualifications under Section VIII. Proposal Evaluation, Subarticle C. Evaluation Panel and Evaluation Criteria.

1.

2.

3. …

III. Scope of Work, Period of Performance, and budget

A. Scope of Work

The scope of work for the project is provided in Appendix A, Scope of Work. The firm selected to enter into a contract (“Consultant”) will be expected to perform all work and analysis necessary to complete the scope of work.

SUBSTITUTE THE FOLLOWING FOR TASK ORDER BASED CONTRACTS. ALSO, CHANGE ALL REFERENCES TO SCOPE OF WORK IN DOCUMENT TO “PRELIMINARY SCOPE OF WORK”:

All work will be assigned pursuant to MTC-initiated task orders, that will include a specific scope of work based on the tasks identified in Appendix A, Preliminary Scope of Work. Payment for work performed under task orders may be deliverables-based or time and materials, as determined by the MTC Project Manager. A sample task order form is attached hereto as Attachment A-2, Task Order Form to Appendix D, MTC Standard Consultant Contract.

B. Period of Performance

MTC expects the work to commence on or about _____, 202___, and to be completed no later than __________, 202___. At MTC’s sole option, the contract may be extended for (__) additional years for work contemplated by Appendix A, Scope of Work.

C. Budget

MTC has budgeted approximately ___________ dollars ($____) for this effort. Additional funding may be available in future Fiscal Years subject to approval of future MTC budgets.

IV. PROPOSERS’ CONFERENCE AND REQUESTS FOR CLARIFICATION OR EXCEPTIONS

A non-mandatory Proposers’ Conference will be held at ____ a.m./p.m. on ________, _________, 202__. Proposers may appear via Zoom Teleconference at the following meeting information:

The Pre-proposers’ Conference will be conducted as a Zoom meeting.

When: at ____ a.m./p.m. on ________, _________, 202__Pacific Time (US and Canada)

It is recommended that Proposers’ register in advance for this meeting, however, Proposers’ can also register just prior to the meeting or during the meeting (if it is necessary to join after the start:

(Insert Zoom Link)

After registering, Proposers’ will receive a confirmation email containing information about joining the meeting.

The conference will not be recorded.

If a Proposer knows they will be unable to join via computer and wishes to participate by phone, please contact (Insert Contract Specialist Name) by email: (insert email address), or call: (phone number) for meeting credentials.

Individuals appearing by telephone are required to send the following information, prior to the meeting:

1. First and Last Name;

2. Job Title;

3. Firm Name;

4. Email;

5. Phone number;

6. Any firm certifications, such as Disadvantaged Business Enterprise (DBE);

Small Business Enterprise (SBE) and corresponding Certification Numbers

7. A brief list of firm services; and

8. Whether the firm is interested as a prime or sub.

Any addenda will be posted on MTC’s procurement website at https://mtc.bonfirehub.com. All Proposers are responsible for checking the website for any addenda to the bid documents.

Any requests for clarification of or exceptions to RFP requirements must be received by MTC no later than the Closing Date/Time for Receipt of Requests for Modifications/Exceptions as stated in Section V. Consultant Selection Timetable, to guarantee a response or consideration. Responses will be provided in Questions and Answers Documents or Addenda on an ongoing basis as soon as possible. MTC reserves the right to reject any SOQ that contains unauthorized conditions or exceptions.

V. Consultant Selection Timetable

___a.m./p.m., on ________, __________, 202__	Non-Mandatory Proposers’ Conference. Please see Section IV above for details on how to attend.
____ a.m./p.m., on ______, _________, 202__	Closing date/time for receipt of requests for modifications/exceptions
No later than three (3) business days prior to the date proposals are due.	Deadline for protesting RFP provisions
___ p.m., ______, _____, 202_	Closing date/time for receipt of proposals
Week of ______________, 202_*	Interviews/Discussions (if held)
______________, 202_*	Date for receipt of Best and Final Offers (if required)
______________, 202_*	MTC ______ Committee Approval

*Interview, award and approval dates are approximate and are subject to change before or after the closing date of the RFP.

VI. SUBMITTAL OF PROPOSALS

Interested firms must submit one electronic proposal, uploaded to https://mtc.bonfirehub.com by the closing date and time for receipt of proposals. Hard copy proposals, proposals submitted solely by email and faxed proposals will not be considered.

The Transmittal Letter of the Proposal is to be addressed as follows:

<Insert Title of Project>

Attention: <Insert MTC Point of Contact name>

375 Beale Street, 7th Floor Receptionist

San Francisco, CA 94105

The Title Page of the RFP must include the name of the Proposer's firm, local address, telephone number, name of contact person, contact person’s email and date.

RFPs must be received on MTC’s website at https://mtc.bonfirehub.com no later than the date and time indicated. MTC is not responsible for submissions delayed for any reason. The online submission system will not allow for any submission to be accepted after the stated date and time.

Proposer agrees and acknowledges all RFP specifications, terms and conditions and indicates ability to perform by submission of a proposal.

If selected, a signed proposal submitted to MTC in response to this RFP shall constitute a binding offer from Proposer to contract with MTC according to the terms of the proposal for the duration of the performance period of the resulting contract.

A proposal may be withdrawn at any time before the date and time when proposals are due by following the instructions contained within the online proposal submission system.

This RFP does not commit MTC to award a contract or to pay any costs incurred by any Proposer in the preparation of a proposal in response to this RFP.

Only one proposal will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response.

MTC reserves the right to accept or reject all proposals submitted, waive minor irregularities, request additional information, or revisions to offers, and negotiate with any or all Proposers.

MTC reserves the right in its sole discretion not to enter into any contract as a result of this RFP.

If the selected Proposer fails to enter into a contract with MTC in a timely manner as determined by MTC, in accordance with the terms and conditions of this RFP, MTC reserves the right to reject the proposal and enter into a contract with the next highest scoring Proposer.

Online Vendor Registration is required to be eligible for contract award. Proposers should visit https://mtc.bonfirehub.com to register in the MTC Vendor Database.

<INCLUDE IF FEDERALLY FUNDED:> The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of Central Contractor Registration / Federal Agency Registration (CCR/FedReg), Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). Firms submitting proposals for contracts with federal funds must register on the SAM website at https://www.sam.gov/portal/SAM/##11 prior to proposal submission.

VII. Form OF PROPOSAL

Proposals must be signed and include a statement that the person or persons signing the proposal is/are authorized to authorize and submit the Proposal on behalf of the Proposer. Page limits, where specified, are for single-sided print.

Proposal content and completeness are most important. Clarity is essential and will be considered in assessing the Proposer’s capabilities.

Proposers must provide the information listed below. Any material deviation from these requirements may be cause for rejection of the proposal, as determined in MTC’s sole discretion.

Each proposal must include the following:

<NOTE: THE TEXT BELOW MUST BE TAILORED AS NECESSARY FOR THE INDIVIDUAL PROCUREMENT>

A. Transmittal Letter

Proposals must include a transmittal letter signed by an official authorized to solicit business and enter into contracts for the firm and containing the name and telephone number of a contact person, if different from the signatory. Firms must affirmatively state that they meet the qualifications described in Section II. Minimum Qualifications or Desired Qualifications, and then briefly describe how they meet or exceed those qualifications. Supporting evidence thereof may be attached to the Transmittal Letter. Indicate whether there are any conflicts of interest, actual or apparent, that would limit the Proposer’s ability to provide the requested services and describe the plan for mitigating such conflicts. Acknowledge the receipt of this RFP and any Addendum to the RFP. Indicate that the proposal is a firm offer to enter into a contract to perform work related to this RFP for a period of ___________ (90/120/180) days from the due date for proposals.

B. Title Page

Proposals must include a title page that includes the RFP subject, the name of the Proposer’s firm, local address, telephone number, name of contact person, contact person’s email address, and the date.

C. Table of Contents

Proposals must include a table of contents that includes a clear identification of the material by section and page number.

D. Overview and Summary

This section should clearly convey the Proposer’s understanding of the nature of the work and the general approach to be taken, and identify any specific considerations. It should include, but not be limited to, the following:

A discussion of the project’s purpose;

A summary of proposed approach; and

The assumptions made in selecting the approach.

E. Work Plan

This section should present a work plan for the tasks described in Appendix A, Scope of Work. The proposed work plan should:

Discuss how the Proposer will conduct the identified task, identify deliverables, and propose a schedule. The proposal should discuss the tasks in sufficient detail to demonstrate a clear understanding of the project and component tasks. The proposal may include additional tasks or sub-tasks the Proposer believes necessary to accomplish the project goals. The schedule should show the expected sequence of tasks, subtasks and milestones.

Provide a staffing plan for each task. Provide an organizational chart that shows roles and responsibilities of key personnel and reporting structure, including reporting and communication relationships between MTC, Proposer staff, and subcontractors, if any.

Describe approach to managing resources and maintaining quality results. Include a description of the role of any subcontractors, their specific responsibilities, and how their work will be supervised to maintain quality results.

Identify and explain any problem areas and/or potential obstacles (such as maintaining schedule, budget overruns, feasibility, etc.) to successful completion of the Scope of Work, attached as Appendix A. Discuss methods, formal and informal, that you will use to track and resolve these problems/obstacles during the project.

F. Qualifications and References

Describe proposed team’s qualifications specific to the requirements set forth in Section II, Proposer Minimum Qualifications. Identify the personnel, including subcontractors’ personnel, whose expertise or experience addresses each of the specified needs. Proposers are welcome to identify and provide examples of any other qualifications they feel are critical to the successful completion of the Scope of Work attached as Appendix A.

Identify key personnel (including subcontractor personnel) and briefly discuss individual qualifications to perform each task. Each key personnel resume should not exceed two pages.

Provide a succinct description (one page maximum) of any previous projects similar to the Scope of Work attached as Appendix A, indicating the project title, duration, budget, sponsoring agency and sponsor project manager, and roles played by individuals proposed for this project. Include the name of the agency for whom the work was performed, year performed, name of the contact person and their telephone number.

Provide at least one sample of a written technical report or memo and two samples of material developed for a similar study effort. The samples must have been prepared by key members of the Proposer’s team and should identify the authors. Only one copy of each sample is required, and the samples will be returned after proposal evaluation, upon request. The samples will be considered in evaluating firm and staff expertise and experience, and written presentation effectiveness.

Provide a list of references (including references for subcontractors) and their contact information.

Provide a summary of all contracts your firm (including subcontractors) has held with MTC, MTC SAFE, BATA, BAIFA or BAHA in the past three years, including a brief description of the scope of work, the contract amount, and date of execution. Performance on any MTC, MTC SAFE, BATA, BAIFA or BAHA contract within the past three years may be considered as reference information or when past performance is included as an evaluation factor as noted in Section VIII, Proposal Evaluation.

G. Cost Proposal

Based on the tasks and staffing plan described in response to E.1 and E.2, listed above, provide a breakdown of the expected expenditures of funds for each task in each phase contained in Appendix A, Scope of Work. The budget should include, but is not limited to, a task budget and a line item budget with billing rates for each phase.

The task budget should present a breakdown of hours and expenses by task and deliverable in each phase of the project. It should identify or refer to key personnel or job descriptions in relation to each task to provide a full explanation of the resources committed to the project.

A line item budget should be submitted for each phase of the project. The line item budget should present a breakdown of costs by cost categories, including billing rates for key personnel and job classifications. The line item budget should be set forth on the Cost and Price Analysis Form attached as Appendix B to this RFP. A line item budget should also be submitted for proposed sub-consultants with contracts estimated to exceed $25,000. Appendix B is available in electronic spreadsheet format upon request. <For deliverables-based payment contracts, add the following: The line item budget is requested for evaluation purposes only; payment shall be based on receipt of deliverables satisfactory to MTC.

Please include information (date and outcome) on the Proposer’s most recent pre-award audit, if applicable.

H. California Levine Act Statement

Submit a signed Levine Act statement (Appendix C).

I. Insurance Provisions

Submit a signed acknowledgement, for Proposer only, that the Proposer agrees to provide the required certificates of insurance providing verification of the minimum insurance requirements listed in Appendix D-1, Insurance Requirements, within ten (10) days of MTC’s notice to firm that it is the successful Proposer.

(See Section IX.B of the RFP for how to request exceptions to the minimum insurance requirements.)

J. Taxpayer Identification Number and Certification

Submit a W-9, Request for Taxpayer Identification Number and Certification for Proposer only (containing original signature) available at http://www.irs.gov/pub/irs-pdf/fw9.pdf.

K. <Delete text and insert ‘Not Used’ if not applicable> Federal Requirements

Submit all completed federal-required certifications in Appendix F, Federal Requirements, related to lobbying, debarment, and Disadvantaged Business Enterprise (DBE) subcontractor information (Appendices F-1, F-2, F-3, F-4, and F-5.) DBE Goals will be assigned at the Task Order level, however Proposers are required to submit form Exhibit 10-O1 of Appendix F-4 indicating DBEs that may be engaged on this contract as per the Scope of Work in Appendix A.

Firms submitting proposals for contracts with federal funds must submit a verification of its SAM registration.

L. <Delete text and insert ‘Not Used’ if not applicable> Iran Contracting Act

Pursuant to California Public Contracts Code Sections 2200 et seq., (AB 1650, Iran Contracting Act of 2010) Proposers for contracts equal to or in excess of one million dollars ($1,000,000) must certify, at the time of proposal submission that Proposer is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5, as applicable. Submit a signed Iran Contracting Act Document (Appendix E) for Proposer only.

M. <Delete text and insert ‘Not Used’ if not applicable> Financial Responsibility

In a separate sealed file: Provide a copy of Proposer’s most recent annual and past quarterly financial statements. The statements will not be considered part of the proposal for purposes of the California Public Records Act and will be reviewed to determine responsibility only. All financial statements will be returned to the Proposer prior to Consultant selection.

N. <Delete text and insert ‘Not Used’ if not applicable> Bid Bond

Bids must be accompanied by a bid bond as detailed in Appendix ____ of this RFP.

O. <Delete text and insert ‘Not Used’ if not applicable>Small Business Enterprise (SBE) Program

MTC has established a Small Business Enterprise (SBE) Program to encourage participation of certified SBEs in non-federally funded and non-architectural and engineering contracts. Please see RFP Section VIII. D Small Business Enterprise (SBE) Program and Appendix G, Small Business Enterprise Program for further details. All Proposers are required to submit via a separate file a completed Appendix G-1, Small Business Enterprise (SBE) Program Form to detail participation in the SBE Program. Please see https://mtc.ca.gov/about-mtc/doing-business/small-business-enterprise-sbe for specific SBE Program requirements.

viii. Proposal Evaluation

A. <Delete text and insert ‘Not Used’ if not applicable> Verification of Minimum Qualifications

The MTC Contracts Specialist, in collaboration with the MTC Project Manager, will review proposals to ensure that each proposal meets the Minimum Qualifications set out in Section II, Proposer Minimum Qualifications of this RFP. Proposers failing to meet the Minimum Qualifications will not be considered.

B. Review for General Responsiveness

The MTC Contracts Specialist, in consultation with the MTC’s Office of General Counsel, will conduct an initial review of the proposals for general responsiveness and inclusion of the items requested in Section VII, Form of Proposal. Proposers failing to meet the Minimum Qualifications listed in this RFP or to satisfy the federal Disadvantaged Business Enterprise (DBE) requirements (if applicable), will not be considered responsive. Also, any proposal that does not include enough information to permit the evaluators to rate the proposal in any one of the evaluation factors listed below will be considered non-responsive and will not be evaluated. A proposal that fails to include one or more items requested in Section VII, Form of Proposal may be considered responsive, if evaluation in every criterion is possible. MTC reserves the right to request additional information from responsive Proposers prior to evaluation.

C. Evaluation Panel and Evaluation Criteria

Responsive proposals will then be evaluated by an evaluation panel of MTC <Insert, if applicable, or revise as necessary: and partner agency> staff. The evaluation of the proposals shall be within the sole judgment and discretion of the evaluation panel.

All contact during the evaluation phase shall be through the MTC Contracts Specialist only. Proposers shall neither contact nor lobby any evaluation panel members during the evaluation process. Any attempt by Proposer to contact and/or influence members of the evaluation panel may result in disqualification of Proposer.

Responsive proposals shall be evaluated on the basis of the following evaluation factors, with their relative importance indicated by percentages:

________________________(____%)

________________________(____%)

________________________(____%)

NOTE: PM and Contracts Specialist to discuss Price vs Cost Effectiveness. Where appropriate, evaluation percentage should be allocated to Price with points awared based on low cost formula as described below:

Price (____%)

Points will be allocated based on the relative difference between the lowest overall Proposed Total Price and each other Proposal. The lowest price will be 100%. (see Column B below). The Price evaluation points (Column A) will be multiplied by the percentage applicable to each Proposal (Column B). The Proposal with the lowest overall price will receive 100% of their Price evaluation points and the remaining firms will receive a weighted portion of the points based on the following formula (see Column C below).

For example:

A	B	C
Proposer	Proposed Total Price	Substantive Evaluation Points	% of Evaluation Points Assigned	Final Evaluation Points Assigned
Proposer X	$250,000	30	100 %	30
Proposer Y	$269,000	27	$250K divided by Proposer Y overall price = 93%	25
Proposer Z	$275,000	22	$250K divided by Proposer Z overall price = 91%	20

NOTE: USE FOR PROCUREMENTS PARTICIPATING IN THE SBE PROGRAM

D. Small Business Enterprise (SBE) Program

After the evaluation panel has completed its review, the Contract Specialist will review each Proposer’s completed Appendix G-1, Small Business Enterprise (SBE) Program Form to evaluate each Proposer’s participation in the MTC SBE Program. If the proposer successfully meets eligibility requirements, an Evaluation Preference will be applied as follows:

If the Proposer commits to having SBE firms participate in a minimum of twenty-five percent (25%) to a maximum of forty percent (40%) of the Project, five percent (5%) or five (5) points will be added to the total evaluation percentage or points.

If the Proposer commits to having SBE firms participate in more than forty percent (>40%) of the Project, ten percent (10%) or ten (10) points will be added to the total evaluation percentage or points.

E. Proposer Interviews

Following the initial evaluation, the evaluation panel may elect to recommend award to a particular Proposer (with or without interviews), or convene interviews with a “short list” of Proposers, consisting of those Proposers reasonably likely, in the opinion of the panel, to be awarded the contract.

MTC reserves the right not to convene interviews and to make an award on the basis of initial proposals. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and a technical viewpoint. References may be contacted at any point in the evaluation process.

F. Proposer Discussions

Following the initial evaluation, the evaluation panel may elect to recommend award to a particular Proposer (with or without interviews), or to enter into discussions with a “short list” of Proposers, consisting of those Proposers reasonably likely, in the opinion of the panel, to be awarded the contract.

The purpose of discussions with a Proposer on the “short list” will be to identify to that Proposer’s specific deficiencies and weaknesses in its proposal and to provide the Proposer with the opportunity to consider possible approaches to alleviating or eliminating them. These deficiencies or weaknesses may include such things as technical issues, management approach, cost, or team composition. Discussions may take place through written correspondence and/or during face-to-face interviews. The Proposer’s project manager, as well as other key personnel identified by the evaluation panel, will be expected to participate in any discussions. A Proposer on the “short list” invited to participate in discussions will be expected to provide a presentation limited to 20 minutes consisting of an overview of its approach to the Project.

G. Request for Best and Final Offer

Following discussions, if held, Proposers on the “short list” will be given the opportunity to revise their written proposals to address the concerns raised during discussions through issuance by MTC of a Request for Best and Final Offer (BAFO). Following receipt of the BAFOs, the evaluation panel will evaluate the BAFOs against the evaluation criteria.

MTC reserves the right to not convene interviews or discussions, and to make an award on the basis of initial proposals. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and a technical viewpoint. References may be contacted at any point in the evaluation process.

<Choose appropriate lettering>

G / H. Recommendation for Contract Award

The panel will recommend the selected Proposer to the MTC Executive Director, based on their evaluation of the written proposals or interviews or discussions or BAFOs and interviews or discussions (if held). The Executive Director will review the recommendation and, if he agrees, he will approve the award or forward the recommendation to the [CHOOSE ONE OF THE FOLLOWING: MTC Operations Committee/MTC Administration Committee/BATA Oversight Committee/BAIFA/BAHA/ABAG Executive Board] which authorizes award. MTC will notify Proposer’s who submitted a proposal of the results by posting an award notice and the signed (insert Committee name) memo authorizing award on the MTC website at https://mtc.bonfirehub.com. [IF AWARD IS APPROVED BY THE EXECUTIVE DIRECTOR, REPLACE THE LANGUAGE ABOVE WITH THE FOLLOWING]: MTC will notify Proposer’s who submitted a proposal of the results by posting an award notice on the MTC website at https://mtc.bonfirehub.com

ix. General Conditions

A. Award

Any award made will be to the Proposer whose proposal is most advantageous to MTC based on the evaluation criteria defined in Section VIII. If the selected firm fails to enter into a contract with MTC in a timely manner as determined by MTC, in accordance with the terms and conditions of this RFP, MTC reserves the right to reject the proposal of the selected firm and enter into a contract with the next highest scoring firm.

B. Contract Arrangements

MTC Standard Consultant Contract is attached as Appendix D. If a Proposer wishes to propose a change to any standard MTC contract provision, the provision and the proposed alternative language must be submitted prior to the closing date for receipt of requests for clarifications/exceptions. If no such change is requested, the Proposer will be deemed to accept MTC’s standard contract provisions, unless such language is protested in accordance with Section C below.

The selected Consultant will be required to maintain insurance coverage, during the term of the contract, at the levels described in Appendix D-1, Insurance Requirements. Proposer agrees to provide the required certificates of insurance providing verification of the minimum insurance requirements in Appendix D-1, within ten (10) business days of MTC’s notice that it is the successful Proposer. Requests to change MTC’s insurance requirements should be submitted on or prior to the closing date for receipt of requests for clarifications/exceptions. MTC will review the requests and issue an addendum if material changes requested by a prospective Proposer are acceptable. Objections to MTC determinations on requests to change insurance requirements pursuant to the protest provisions of this RFP must be brought to MTC’s attention no later than the deadline for protesting RFP provisions or compliance with all material insurance requirements will be assumed.

The contract resulting from this RFP will be <specify payment type, e.g., firm fixed price>, with payment based on MTC’s receiving of satisfactory deliverables or cost reimbursement with ceiling or a combination of deliverables based payment and task order, etc.

Consultant’s performance under any contract issued resultant of this RFP will be evaluated and the evaluation information may be considered as part of the evaluation for any other MTC, MTC SAFE, BATA, BAIFA, BAHA or ABAG projects for which the Consultant submits a proposal for three years after services are performed.

C. Selection Disputes

A Proposer may object to a provision of the RFP on the grounds that it is arbitrary, biased, or unduly restrictive, or to the selection of a particular Proposer on the grounds that MTC procedures, the provisions of the RFP or applicable provisions of federal, state or local law have been violated or inaccurately or inappropriately applied by submitting to the Contracts Specialist a written explanation of the basis for the protest:

No later than 4:00 p.m. on the third business day prior to the date proposals are due, for objections to RFP provisions; or

No later than 4:00 p.m. on the third business day after the date the firm is notified that it did not meet the minimum qualifications or was found to be non-responsive; or

No later than 4:00 p.m. on the third business day after the date in which MTC posts the award notice and signed (insert Committee name) memo authorizing award on the MTC website at https://mtc.bonfirehub.com, or if applicable the date the appropriate committee authorizes award, whichever is later, for objections to Proposer selection.

Use the following for No. 3 if the award is approved by the Executive Director

No later than 4:00 p.m. on the third business day after the date in which MTC posts the award notice on the MTC website at https://mtc.bonfirehub.com, or if applicable the date the appropriate committee authorizes award, whichever is later, for objections to Proposer selection.

NOTE: USE FOR PROCUREMENTS EXCEEDING$100,000

Except with regard to initial determinations of non-responsiveness, the evaluation record shall remain confidential until the [CHOOSE ONE OF THE FOLLOWING: MTC Operations Committee/MTC Administration Committee/BATA Oversight Committee/BAIFA/BAHA/ABAG Executive Board] authorizes award.

Protests of recommended awards must clearly and specifically describe the basis for the protest in sufficient detail for the MTC review officer to recommend a resolution to the MTC Executive Director.

The MTC Executive Director will respond to the protest in writing, based on the recommendation of a staff review officer. Should a Proposer wish to appeal the decision of the MTC Executive Director, it may file a written appeal with the [MTC Operations Committee/MTC Administration Committee/BATA Oversight Committee/BAIFA/BAHA/ABAG Executive Board], no later than 4:00 p.m. on the third business day after receipt of the written response from the MTC Executive Director. The [MTC Operations Committee/MTC Administration Committee/BATA Oversight Committee/BAIFA/BAHA/ABAG Executive Board] decision will be the final agency decision.

Authorization to award an agreement to a particular Proposer by MTC shall be deemed conditional until the expiration of the protest period or, if a protest is filed, the issuance of a written response to the protest by the MTC Executive Director or, if the decision of the MTC Executive Director is appealed, the issuance of the [MTC Operations Committee’s/MTC Administration Committee’s/BATA Oversight Committee’s/BAIFA’s/BAHA’s/ABAG Executive Board’s] decision.

NOTE: USE FOR PROCUREMENTS of $100,000 OR LESS

Except with regard to initial determinations of non-responsiveness, the evaluation record shall remain confidential until the MTC Executive Director authorizes award.

Protests of recommended awards must clearly and specifically describe the basis for the protest in sufficient detail for the MTC review officer to recommend a resolution to the MTC Section Director.

The MTC Section Director responsible for the procurement will respond to the protest in writing, based on the recommendation of a staff review officer. Should a Proposer wish to appeal the decision of the MTC Section Director, it may file a written appeal with the MTC Executive Director, no later than 4:00 p.m. on the third business day after receipt of the written response from the Section Director. The MTC Executive Director’s decision will be the final agency decision.

Authorization to award an agreement to a particular Proposer by MTC shall be deemed conditional until the expiration of the protest period or, if a protest is filed, the issuance of a written response to the protest by the MTC Section Director or, if the decision of the MTC Section Director is appealed, the issuance of the MTC Executive Director’s decision.

D. Public Records

Short Form Language (use in procurement not expected to include trade secrets)

MTC is required to comply with the California Public Records Act (Government Code §6250 et seq.). In the event that MTC receives a request under the California Public Records Act for any information clearly marked as confidential received from a Proposer, MTC shall promptly notify the Proposer of such request prior to release of such information so as to enable the Proposer to seek a court order protecting such information from disclosure. It is understood that MTC cannot withhold information beyond the legal timeframe required for responding to a request under the California Public Records Act.

Trade Secret-Sensitive Language (use in procurement likely to include trade secrets and Industry Review or Expression of Interest Documents)

This RFP and any material submitted in response to this RFP are subject to public inspection under the California Public Records Act (Government Code §6250 et seq.), unless exempt by law. Other than proprietary information or other information exempt from disclosure by law, the content of proposals submitted to MTC will be made available for inspection consistent with its policy regarding Public Records Act requests.

If the Proposer believes any proposal content contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer may request that MTC withhold from disclosure such proprietary materials by marking each page containing proprietary information, including financial information, if any, required to be submitted under Section VII of this RFP, as confidential and shall include the following notice at the front of its proposal:

“The data on the following pages of this proposal, including financial information submitted under Section VII of the RFP marked along the right margin with a vertical line, contain technical or financial information that constitute trade secrets and/or that, if disclosed, would cause substantial injury to the Proposer’s competitive position. The Proposer requests that such data be used for review by MTC only, but understands that exemption from disclosure will be limited by MTC’s obligations under the California Public Records Act. If an agreement is awarded to the Proposer submitting this proposal, MTC shall have the right to use or disclose the data, unless otherwise provided by law. [List pages].”

Failure to include this notice with relevant page numbers shall render any “confidential/proprietary” markings inadequate. Individual pages shall accordingly not be treated confidentially. By submitting a proposal with portions marked as confidential or proprietary, a Proposer represents it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Any language purporting to render the entire proposal confidential or proprietary will be regarded as ineffective and will be disregarded. In addition, the Proposer may not designate any required proposal forms or the cost proposal as confidential. Consequently, any language purporting to render any proposal forms or the cost proposal as confidential or proprietary will be regarded as ineffective and will be disregarded.

In the event properly marked data is requested pursuant to the California Public Records Act, the Proposer will be advised of the request. If the proposal requests that MTC withhold such data from disclosure and MTC complies with the Proposer’s request, the Proposer shall assume all responsibility for redacting the proposal; defending any challenges resulting from the non-disclosure; indemnifying, defending MTC and holding MTC harmless from and against all claims, legal proceedings, and resulting damages and costs (including but not limited to attorneys’ fees that may be awarded to the party requesting such Proposer information); and paying any and all costs and expenses relating to the withholding of the Proposer information. Proposer agrees that MTC’s sole involvement in any litigation resulting from MTC’s withholding of records shall be to retain the records until otherwise ordered by a court.

If the Proposer does not follow all of the requirements in this section for withholding proprietary information as exempt from disclosure under the California Public Records Act, MTC shall have no obligation to withhold the information from disclosure, and the Proposer shall not have a right to make a claim or maintain any legal action against MTC or its commissioners, officers, employees or agents in connection with such disclosure.

E. Key Personnel

Key Proposer personnel assigned to the project are expected to remain on the project. Any change in key personnel on the proposed project team is subject to prior written approval of MTC. Removal of any key personnel identified in the proposal without written consent of the MTC Project Manager may be considered a material breach of contract.

F. Conflicts Of Interest

By submitting a proposal, the Proposer represents and warrants that no commissioner, officer or employee of MTC is in any manner interested directly or indirectly in the proposal or in the contract that may be made under it or in any profits expected to arise therefrom, as set forth in California Government Code Section 1090.

The Proposer further warrants and represents that it presently has no interest and agrees that it will not acquire any interest that would present a conflict of interest under California Government Code Sections 1090 et seq. or 87100 et seq. during the performance of services under any contract resulting from this RFP and that it will not knowingly employ any person having such an interest. Violation of this provision may result in the contract being deemed void and unenforceable.

Whenever MTC is awarding a contract that involves the rendering of advice, it will consider whether there exists the potential for bias, because of other activities, relationships or contracts of the Proposer, and if so, whether any potential bias can be mitigated acceptably by MTC and the Proposer. After award, the winning Proposer shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed under the agreement resulting from this and other MTC solicitations. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other project.

Proposer shall not engage the services of any subcontractor or independent contractor on any work related to this RFP if the subcontractor or independent contractor, or any employee of the subcontractor or independent contractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this RFP.

G. Personally Identifiable Information

<delete and insert “Not Used” if not applicable>

Proposer agrees to comply with the special provisions related to the access and protection of personally identifiable information set forth in Attachment F, Special Conditions Relating to Personally Identifiable Information of Appendix D, MTC Standard Consultant Contract.

H. Pre-Award Audit

<delete and insert “Not Used” if not applicable>

Federally funded contracts may require a pre-award audit. The pre-award audit examines the Proposer’s accounting, estimating, administrative systems, proposed costs, financial condition, and the proposed contract language.

I. Web-Based Communication

Proposer agrees to submit all communication and required documentation, including but not limited to invoices, requests for contract modifications, etc. to the MTC Project Manager or his/her designee via a web-based system designated by MTC to which MTC will provide system access.

J. Prevailing Wage Requirements

Proposer and all subconsultants, to the extent the work of such subconsultants under this Agreement is subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, prior to Proposal submission. See Article XX of the MTC Standard Consultant Contract attached as Appendix D for additional prevailing wage requirements.

K. Payment, Sub-Contractor and Prevailing Wage Information

Proposer agrees to submit payment, sub-contractor utilization and if applicable certified payroll information for contracts with prevailing wage requirements via a web-based system designated by MTC to which MTC will provide system access.

L. Cooperative Use

<delete and insert “Not Used” if not applicable>

The Bay Area Toll Authority (BATA), Metropolitan Transportation Commission Service Authority for Freeways and Expressways (MTC SAFE), Bay Area Headquarters Authority (BAHA), Bay Area Infrastructure Financing Authority (BAIFA) and Association of Bay Area Governments (ABAG) may utilize this RFP to obtain ___________, at the same terms and conditions included in this RFP and firms Proposal during the period of time that the contract resulting from this RFP is in effect.

M. Disadvantaged Business Enterprise (DBE) Requirement

<delete and insert “Not Used” if not applicable>

Effective July, 2012, the California Department of Transportation (Caltrans) requires recipients of DOT grant funds through Caltrans to impose the following DBE utilization requirements on its consultants and contractors. Consultant’s DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. See Appendix F, Federal Requirements.

APPENDIX A, SCOPE OF WORK

<INSERT PROJECT SPECIFIC SCOPE OF WORK>

OR

Use the following if Task Orders based contract.

The successful Proposer’s preliminary scope of work is listed below. All required services shall be authorized by Task Order, initiated and developed according to the Task Order Process described in Attachment A-1, of Appendix D, MTC Standard Consultant Contract. Task Orders shall include, at a minimum, a detailed description of the work to be performed, a completion date for performance, a maximum payment amount, payment terms (deliverables-based or time and materials) and subconsultant participation (if any), in a completed form as shown in Attachment A-2, Task Order Form, Appendix D, MTC Standard Consultant Contract, attached hereto and incorporated herein by this reference.

APPENDIX B, COST AND PRICE ANALYSIS FORM

--- Change to “NOT USED” and delete form for task order-only contracts

Employee Name, Title or General Classification*	Hourly Rate	Fringe Benefit %	Overhead %	General Admini-stration %	Combined Indirect Cost Rate %**	Fee Profit %	Fully Burdened / Billing Rate***	Effective Dates of Hourly Rates	Escalation Increase ****
Straight	Overtime (1.5x)	Overtime (2x)	From:	To:
1	E.g. Jane Smith, Principal	[Actual]
2	E.g. Support Staff Member (i.e. general classifications)	[Average]
3
4
5
6
7
8
9
10
NOTES: * Submit as many forms as necessary to capture all Prime Consultant positions and classification types as well as all Subconsultants positions and classification types. Provide separate sheets for prime and all subconsultant firms. Organize rates by stating the general classification first, and then listing all named key staff employees within that classification. For classifications only, provide an Hourly Rate Range for each classification. ** Combined Indirect Cost Rate (ICR) = (Fringe Benefit % + Overhead % + General Administration %). ***Fully Burdened/ Billing rate = Hourly Rate * (1+ ICR) * (1+ Fee %). Agreed upon billing rates are not adjustable for the term of the bench. **** The escalation increase is limited to 3% and may be applied to subsequent years. ADDITIONAL NOTES: • Denote all employees subject to prevailing wage with an asterisks (*) • Hourly Overtime Rates are applicable only to employees subject to prevailing wage with an asterisks (*)

APPENDIX C, CALIFORNIA LEVINE ACT STATEMENT

California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

MTC’s commissioners include:

Insert up-to-date listing

1.	Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any MTC commissioner in the 12 months preceding the date of the issuance of this request for qualifications?

___ YES	___ NO

If yes, please identify the commissioner:

2.	Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any MTC commissioners in the three months following the award of the contract?

___ YES	___ NO

If yes, please identify the commissioner:

Answering yes to either of the two questions above does not preclude MTC from awarding a contract to your firm. It does, however, preclude the identified commissioner(s) from participating in the contract award process for this contract.

date	(signature of authorized official)
(type or write appropriate name, title)
(type or write name of company)

And/or for ABAG - APPENDIX C, CALIFORNIA LEVINE ACT STATEMENT

California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

ABAG Executive Board members include:

Julie Pierce	Pradeep Gupta	Dennis Rodoni
David Rabbitt	Scott Haggerty	Todd Rufo
David Cortese	Barbara Halliday	Greg Scharff
Candace Anderson	Erin Hannigan	Trish Spencer
Len Augustine	Dave Hudson	Norman Yee
Annie Campbell	Sergio Jimenez	William Kissinger
David Canepa	Edwin Lee
Cindy Chavez	Wayne Lee
Lan Diep	Jake Mackenzie
Pat Eklund	Nathan Miley
Leon Garcia	Karen Mitchoff
Liz Gibbons	Raul Peralez
Lynette Gibson	Dave Pine
Liz Gibbons	John Rahaim
Abel Guillen	Belia Ramos

1.	Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any ABAG Finance and Personnel Committee member in the 12 months preceding the date of the issuance of this request for qualifications?

___ YES	___ NO

If yes, please identify the commissioner or committee member:

2.	Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any ABAG Finance and Personnel Committee member in the three months following the award of the contract?

___ YES	___ NO

If yes, please identify the commissioner or committee member:

Answering yes to either of the two questions above does not preclude ABAG from awarding a contract to your firm. It does, however, preclude the identified commissioner(s) or committee member(s) from participating in the contract award process for this contract.

date	(signature of authorized official)
(type or write appropriate name, title)
(type or write name of company)

APPENDIX D, MTC STANDARD CONSULTANT CONTRACT

INSERT CON LONG

APPENDIX D-1, INSURANCE REQUIREMENTS

UMinimum Insurance CoveragesU. Consultant shall, at its own expense, obtain and maintain in effect at all times the following types of insurance against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under its Agreement with MTC, placed with insurers Best’s Rating of A- or better with a Financial Size Category of VIII or better.

Yes (√)	Please certify by checking the box below that required coverages will be provided within ten (10) business days of MTC’s notice to firm that it wishes to contract with the firm.
___	Workers' Compensation Insurance with Statutory limits, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per accident, and any and all other coverage of CONSULTANT’s employees as may be required by applicable law. Such policy shall contain a Waiver of Subrogation in favor of MTC. Such Workers Compensation & Employer’s Liability may be waived, if and only for as long as CONSULTANT is a sole proprietor or a corporation with stock 100% owned by officers with no employees. Should any bridge work require coverage for the United States Longshore Harbor Workers Act, CONSULTANT agrees to furnish proof of insurance, if required.
___	Commercial General Liability Insurance for Bodily Injury and Property Damage liability, covering the premises and operations, and products and completed operations of CONSULTANT and CONSULTANT’s officers, agents, and employees and with limits of liability which shall not be less than $1,000,000 combined single limit per occurrence with a general aggregate liability of not less than $2,000,000, a products/completed operations aggregate liability limit of not less than $2,000,000 and Personal & Advertising Injury liability with a limit of not less than $1,000,000. Such policy shall contain a Waiver of Subrogation in favor of MTC. Products and completed operations insurance shall be maintained for three (3) years following termination of this Agreement. MTC and ______ and their commissioners, directors, officers, representatives, agents and employees are to be named as additional insureds for ongoing and completed operations. Such insurance shall be primary and non-contributory, and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from CONSULTANT’s operations.
___	Business Automobile Insurance for all automobiles owned (if any), used or maintained by CONSULTANT and CONSULTANT’s officers, agents and employees, including but not limited to owned (if any), leased (if any), non-owned and hired automobiles, with limits of liability that shall not be less than $1,000,000 combined single limit per accident.
___	Excess or Umbrella Insurance in the amount of $1,000,000 providing excess limits over Employer’s Liability, Automobile Liability, and Commercial General Liability Insurance. Such umbrella coverage shall be following form to underlying coverage including all endorsements and additional insured requirements.
___	Errors and Omissions Professional Liability Insurance for errors and omissions and the resulting damages, including, but not limited to, economic loss to MTC and having minimum limits of $1,000,000 per claim. [use the following if contract involves receipt of personally identifiable information or other confidential information: Such policy shall contain cyber risk coverages including network and internet security liability coverage, privacy liability coverage and media coverage.] The policy shall provide coverage for all work performed by CONSULTANT and any work performed or conducted by any subcontractor/consultant working for or performing services on behalf of the CONSULTANT. No contract or agreement between CONSULTANT and any subcontractor/consultant shall relieve CONSULTANT of the responsibility for providing this Errors & Omissions or Professional Liability coverage for all work performed by CONSULTANT and any subcontractor/consultant working on behalf of CONSULTANT on the project.
___	Property Insurance. Property Insurance covering CONSULTANT'S own business personal property and equipment to be used in performance of its Agreement with MTC, materials or property to be purchased and/or installed on behalf of MTC (if any), and builders risk for property in the course of construction (if applicable). Coverage shall be written on a "Special Form" policy that includes theft, but excludes earthquake, with limits at least equal to the replacement cost of the property. Such policy shall contain a Waiver of Subrogation in favor of MTC.
___	[Use if contract involves employee dishonesty/crime exposures, such as cash handling or potential for theft (Janitorial services) ] Employee Dishonesty/Crime Insurance. An Employee Dishonesty insurance policy covering CONSULTANT’s employees for loss of or damage to money, securities or other property resulting from theft. The following limits of liability should apply: (a) Employee Dishonesty - $250,000; and (b) Client Property Blanket Bond - $250,000. CONSULTANT shall reimburse MTC for any and all losses within the deductible, for insured losses, the cost to prove the loss, accountants' fees, defense costs including attorneys’ fees and any other fees associated with a claim. In lieu of a Client Property Blanket Bond, the policy shall contain a Joint Loss Payee endorsement or other Third Party coverage naming MTC.
___	[Use if contract involves Pollution Liability exposures] Contractors’ Pollution Liability Insurance. Contractors’ Pollution Liability insurance for bodily injury and property damage coverage with a combined single limit for bodily injury and property damage of at least $1,000,000 per occurrence or claim and a general aggregate limit of at least $1,000,000. This insurance shall include coverage for, but not be limited to sudden and accidental discharges; gradual discharges, clean-up of pollutants and disposal thereof; and, mold, asbestos or lead, if an abatement contract. If CONSULTANT disposes of Hazardous Materials under its Agreement with MTC, CONSULTANT shall designate the disposal site and provide a certificate of insurance from the disposal facility to MTC. CONSULTANT’s Business Automobile Liability coverage shall also be extended to cover pollution liability during loading; unloading and while in transit including, but not limited to, the perils of collision and upset. Coverage may be provided by endorsement to the general liability and automobile policies or by a separate policy. Such policy shall contain a Waiver of Subrogation in favor of MTC. MTC, __________, and their commissioners, directors, officers, representatives, agents and employees are to be named as additional insureds. Such insurance shall be primary and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from CONSULTANT’s operations.
Consultant’s obligation to provide the insurance described herein may be satisfied in whole or in part by adequately funded self-insurance, upon evidence of financial capacity satisfactory to MTC. Consultant shall be responsible for payment of any deductible or retention on Consultant’s policies without right of contribution from MTC. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the Named Insured is unacceptable. In the event that MTC seeks coverage as an additional insured under any Consultant insurance policy that contains a deductible or self-insured retention, Consultant shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or connected with any alleged act of Consultant, subconsultant, subcontractor, or any of their employees, officers or directors, even if Consultant or subconsultant is not a named defendant in the lawsuit. If any insurance specified above is written on a “Claims-Made” (rather than an “occurrence”) basis, then in addition to the coverage requirements above, Consultant shall: Ensure that the Retroactive Date is shown on the policy, and such date must be before the date of its Agreement with MTC or the beginning of any work under such Agreement; Maintain and provide evidence of similar insurance for at least three (3) years following project completion, including the requirement of adding all additional insureds; and If insurance is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work. All insurance specified above shall remain in force until all work or services to be performed are satisfactorily completed, all of Consultant’s personnel, subcontractors, and equipment have been removed from MTC’s property, and the work or services have been formally accepted. Consultant must notify MTC if any of the above required coverages are non-renewed or cancelled. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of its Agreement with MTC. Prior to commencement of any work hereunder, Consultant shall deliver to MTC Certificates of Insurance verifying the aforementioned coverages. Such certificates shall make reference to all provisions and endorsements referred to above and shall be signed on behalf of the insurer by an authorized representative thereof. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant hereto, including, but not limited to, liability assumed pursuant to the Indemnification section of its Agreement with MTC.

By signing below you acknowledge and agree to provide the required certificate of insurance providing verification of the minimum insurance requirements listed above within ten (10) business days of MTC’s notice to firm that it wishes to contract with the firm.
Title of Authorizing Official
Name of Authorizing Official
Signature of Authorizing Official
Date

NOTE: If you were unable to check “Yes” for any of the required minimum insurance coverages listed above, a request for exception to the appropriate insurance requirement(s) must be brought to MTC’s attention no later than closing date/time for receipt of requests for modifications/exceptions. If such modifications/exceptions are not brought to MTC’s attention consistent with the provisions of this RFP, compliance with the insurance requirements will be assumed.

APPENDIX E – IRAN CONTRACTING ACT of 2010

(Public Contract Code Section 2200 et seq.)

Prior to bidding on, submitting a proposal or executing a contract or renewal for a <CHOOSE ONE> Metropolitan Transportation Commission (MTC), Metropolitan Transportation Commission Service Authority for Freeways and Expressways (MTC SAFE), Bay Area Toll Authority (BATA), Bay Area Headquarters Authority (BAHA), Bay Area Infrastructure Authority (BAIFA) contract for goods or services of $1,000,000 or more, a Proposer must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your Proposer or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Proposer Name/Financial Institution (Printed)	Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed	Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a Proposer/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Proposer Name/Financial Institution (Printed)	Federal ID Number (or N/A)
By (Authorized Signature)
Printed Name and Title of Person Signing	Date Executed

APPENDIX F, FEDERAL REQUIREMENTS

Federally-required contract provisions are listed below and in Appendix D, MTC’s Standard Consultant Agreement, in Attachment H and its subparts. In addition, the federal requirements in this Appendix F shall apply to any contract resulting from this RFP.

Effective July, 2012, the California Department of Transportation (Caltrans) requires recipients of DOT grant funds through Caltrans to impose the following DBE utilization requirements on its consultants and contractors. Consultant’s DBE participation on its Agreement with MTC will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

MTC has established Disadvantaged Business Enterprise (DBE) goal of ____% for any contract entered into as a result of this procurement.

1. TERMS AS USED IN THIS DOCUMENT

The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).

The term “Agreement” also means “Contract.”

Agency also means the local entity entering into this contract with the Contractor or Consultant.

The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY

A.	DBEs and other Small Businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Contractor should ensure that DBEs and other Small Businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B.	Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION

If there is a DBE goal on the contract, Appendix F-3, “Local Agency Consultant DBE Commitment” form and Appendix F-4, “Local Agency Consultant DBE Information” form shall be included in the procurement document. In order for a Proposer to be considered responsible and responsive, the Proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal, and all DBE participation shall be collected and reported.

Appendix F-3, “Local Agency Consultant DBE Commitment” form and Appendix F-4, “Local Agency Consultant DBE Information” form shall be included with the procurement document. The purpose of the forms is to collect data required under 49 CFR 26. These forms collect all DBE participation. Even if no DBE participation will be reported, the successful Proposer must execute and return the forms.

4. DBE PARTICIPATION GENERAL INFORMATION

It is the Proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A.	A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B.	A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C.	A DBE Proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The Proposer is a DBE and will meet the goal by performing work with its own forces.

2. The Proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies.

3. The Proposer, prior to proposing, made adequate good faith efforts to meet the goal.

D.	A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E.	A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F.	The Proposer shall list only one subcontractor for each portion of work as defined in its proposal and all DBE subcontractors should be listed in the bid/cost proposal list of

subcontractors.

G.	A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors.

5. RESOURCES

A.	The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B.	Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/.

Click on the link in the left menu titled Disadvantaged Business Enterprise

Click on Search for a DBE Firm link

Click on Access to the DBE Query Form located on the first line in the center of the page

Searches can be performed by one or more criteria

Follow instructions on the screen

C.	How to Obtain a List of Certified DBEs without Internet Access: DBE Directory - If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822, 1900 Royal Oaks Drive, Sacramento, CA 95815-3800.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A.	If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications.

B.	If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C.	If the person both owns and operates distribution equipment for the products, any

supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D.	Materials or supplies purchased from a DBE, that is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

APPENDIX F-1, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

(Third Party Contracts and Subcontracts over $25,000)

Instructions for Certification:

By signing and submitting this proposal, the prospective lower tier participant is providing the signed certification set out below.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MTC may pursue available remedies, including suspension and/or debarment.

The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29 or 2 CFR Part 180, as applicable]. You may contact MTC for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC.

The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.

Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which does a prudent person in the ordinary course of business dealings normally possess.

Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transaction

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its “principals” [as defined at 49 CFR Section 29.105(p) or 2 CFR Section 180.995, as applicable] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Date	(signature of authorized official)
(type/print name and title)

APPENDIX F-2, CERTIFICATION OF RESTRICTIONS ON LOBBYING

I,	hereby certify on behalf of	that:
(name and title of grantee official)	(name of grantee)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this	day of	, 202__.

By:
(signature of authorized official)
(title of authorized official)

APPENDIX F-3, Local Agency Consultant DBE Commitment

EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency:	2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: _______________________________	6. Prime Certified DBE: 

7. Description of Work, Service, or Materials Supplied	8. DBE Certification Number	9. DBE Contact Information	10. DBE %
Local Agency to Complete this Section	11. TOTAL CLAIMED DBE PARTICIPATION	%
17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.	IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 12. Preparer's Signature 13. Date____________________________ 14. Preparer's Name__________________ 15. Phone____________________________ 16. Preparer's Title____________________
20. Local Agency Representative's Signature__________________ 21. Date______________________________________________________
22. Local Agency Representative's Name________________ 23. Phone____________________________________________________
24. Local Agency Representative's Title____________________________

DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

Local Agency - Enter the name of the local or regional agency that is funding the contract.

Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

Project Location - Enter the project location as it appears on the project advertisement.

Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

Consultant’s Name - Enter the consultant’s firm name.

Prime Certified DBE - Check box if prime contractor is a certified DBE.

Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form. LOCAL AGENCY SECTION

Local Agency Contract Number - Enter the Local Agency contract number or identifier.

Federal-Aid Project Number - Enter the Federal-Aid Project Number.

Proposed Contract Execution Date - Enter the proposed contract execution date.

Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

APPENDIX F-4, DBE INFORMATION – GOOD FAITH EFFORTS

Federal-aid Project No. _______________________ Bid Opening Date ___________________

The established a Disadvantaged Business Enterprise (DBE) goal of _____% for this project. The information provided herein shows that a good faith effort was made.

Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions:

The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications:	Date of Advertisement:

The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited:	Date of Initial Solicitation:	Follow Up Methods and Dates:

The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Item of Work:	Bidder Normally Performs Item (Y/N):	Breakdown of Items:	Amount ($):	Percentage of Contract:

The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:

Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization:	Method/Date of Contact:	Results:

Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):

NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.

APPENDIX G, SMALL BUSINESS ENTERPRISES (SBE) PROGRAM

All Proposers are required to complete and submit this form via a separate file.

MTC has established a Small Business Enterprise (SBE) Program to encourage participation of certified SBEs in non-federally funded and non-architectural and engineering contracts. Under the SBE Program, after MTC final evaluation panel review, each Proposer’s completed Appendix G, Small Business Enterprise (SBE) Program Form will be reviewed to verify responsiveness and confirm that eligibility requirements have been met. If the proposer successfully meets eligibility requirements, an Evaluation Preference will be applied as follows:

If the Proposer commits to having SBE firms participate in a minimum of twenty-five percent (25%) to a maximum of forty percent (40%) of the Project, five percent (5%) or five (5) points will be added to the total evaluation percentage or points.

If the Proposer commits to having SBE firms participate in more than forty percent (40+%) of the Project, ten percent (10%) or ten (10) points will be added to the total evaluation percentage or points.

*Participation can be achieved by the prime, by a sub(s), or a combination of prime and sub(s) who meet the requirements set forth in Section B.3 of the SBE Program.

Firms (prime or subconsultants) that are certified under any of the following certifications may qualify for participation in the SBE Preference Program:

State of California Department of General Services (DGS) SBE Program,

California United Certification Program DBE certification;

City and County of San Francisco Contract Monitoring Division Local Business Enterprise (LBE) certification;

Alameda County Small Local and Emerging Business (SLEB) certification; or

Any Disadvantaged Veteran Business Enterprise (DVBE); Local Business Enterprise (LBE); Lesbian, Gay, Bisexual, Transgender Business Enterprise (LGBTBE); Minority Business Enterprise (MBE); or Women's Business Enterprise (WBE) certifications from a formal certifying agency in the nine county Bay Area – provided that the certification can be verified through an internet searchable database and meets the requirements of the State of California Small Business Program.

Firms not meeting these certification requirements do not qualify for participation in the program.

APPENDIX G-1

SMALL BUSINESS ENTERPRISES (SBE) PROGRAM FORM

All Proposers are required to complete and submit this form via a separate file.

PROCUREMEN TITLE
PRIME PROPOSER FIRM NAME

1	Is your firm requesting that the SBE Preference be applied to your Proposal? If the answer is “No,” skip the remaining questions and proceed to the Certification or If the answer is “Yes,” complete the remainder of this form.	Yes	___	No	___

2	What percent of the Project will be performed by SBE firms?* (select one)
____ Below 25%	____ 25% to 40%	_____ More than 40%
*Complete the following page to detail the participation.

3	How will the SBE participation be completed?
____ by the Prime Only	____ by Sub(s) Only	_____ by a combination of the Prime and Sub(s)

CERTIFICATION:

I CERTIFY that the information on this form is true and correct to the best of my knowledge. If awarded the contract based on the SBE Preference, I agree to comply with all of the requirements included in the SBE Program.

SIGNATURE
NAME (print)
TITLE
DATE

This page only needs to be completed by firms claiming the SBE preference.

(Use Additional Sheets If Necessary)

ROLE (Prime or Sub)ole	FIRM NAME AND ADDRESS* (List all firms)	TYPE (E.g. SBE, DBE, DVBE, LBE, MBE, etc.) (leave blank if not an SBE)	CERTIFYING AGENCY NAME	CERTIFICATION ID NUMBER (please provide a copy of your certification)	WORK TO BE PERFORMED	DOLLAR VALUE OF WORK
SBE Participation
Total Amount of SBE Participation

Non-SBE Participation
n/a	n/a	n/a
n/a	n/a	n/a
n/a	n/a	n/a
Total Amount of Non-SBE Participation

Total Amount of Contract = (Total amount of SBE Participation + Total Amount of Non-SBE Participation)

PERCENTAGE OF WORK TO BE COMPLETED BY CERTIFIED SBE FIRMS	=	Total amount of SBE participation	=	____%
Total Amount of Contract

This document is available as an Excel spreadsheet by email upon request to Project Manager.

Please see https://mtc.ca.gov/about-mtc/doing-business/small-business-enterprise-sbe for specific SBE Program requirements.