AC Transit | Alameda-Contra Costa Transit District · 2017. 8. 4. · SR 17-231 Attachment I...

.XI Report No:Meeting Date 17-231August 9, 2017Alameda-Contra Costa Transit District

STAFF R E PO RTAC Transit Board of Directors

Michael A. Hursh, GeneraIManager

Passenger Survey Funding and Implementation Agreement

TO:

FROM:

SUBJECT:

ACTION ITEM

RECOMMENDED ACTION(S)

Consider authorizing the General Manager to enter into an agreement with the MetropolitanTransportation Commission(MTC) regarding funding and implementation of an onboard surveyof AC Transit passenger.

BACKGROUND/RATIONALE

Title V[ of the Civi] Rights Act of ].964 requires transit agencies receiving federal funding toconduct a survey every five (5) years of its passengers for customer demographics and travelpatterns. Previously, individual transit agencies including AC Transit were responsible forimplementing their own surveys at a substantialcost.

Beginning in 2012, MTC began a coordinated effort to collect transit passenger data from allBay Area transit properties as part of the region's Transit Sustainability Project (TSP). MTC'svision was to provide consistency in data gathering and to reduce costs by eliminatingduplicative efforts. MTC's schedule calls for each transit agency to be surveyed every five years,which aligns with the Title Vlsurvey requirement.

AC Transit passengers were last surveyed in Fal12012 and the next survey willtake place in Fall2017. The AC Transit Board of Directors accepted the 2012 MTC survey and future MTCsponsored surveys to fulfill the District's Title VI surveying requirements. Preliminary surveyresults willbecome available in the December 2017 to January 2018, with a finalreport due infebruary 2018.

BUDGETARY/FISCAL IMPACT

MTC requested that the larger transit agencies in the San Francisco Bay Area fund 20% of thecost of the survey for their specific agency as a match. The District's FY 2017/2018 budgetprogrammed$160,000 for this survey.

ADVANTAGES/DISADVANTAGES

The advantage of accepting the 2017 MTC sponsored survey as the District's survey requiredunder Title VI is that it represents an efficient and effective use of resources. Specifically, TitleVI requires the collection of information on race, color, national origin, English proficiency,

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language spoken at home, household income, and travel patternsquestions asked in the MTC survey fulfillallof these requirements.

through surveys The

The disadvantage is that the MTC survey is not thorough and comprehensive enough to meetall the District's data needs. In particular, the MTC survey does not ask questions aboutpassengers' riding habits and experiences (how often they ride in a day or a week, theirperceptions of the service, their access to different forms of payment, etc.). Such detailedinformation is beyond the scope of the survey effort, and should be undertaken separately.

However, MTC will allow for a small number of additional questions(approximately 3 to 5) tobe added to the survey that cater specifically to AC Transit's service and its riders. Questionscould evolve around technology or any other topics that can provide the District with data to

better plan service. Beyond the MTC survey, staff will continue its efforts to survey riders andthe general public on the quality and perception of AC Transit's service. In particular, acustomer satisfaction survey is budgeted for implementation in FY 2017/2018, with the specificmethodology left open to make use of best current practices.

ALTERNATIVES ANALYSIS

The alternative would be for the District to conduct its own survey for Title VI purposes.However, the District would incur significant additional costs and require dedicated resourcesacross multiple departments for implementation that could be used for other targeted researchand analytic needs.

Staff Report 15-005, Passenger Survey RequirementsStaff Report 13-114a, Results of the 2012 On board Rider Profile Survey

Board Policy 551, Title VI Environmental Justice Service Review and Compliance Report Policy

A'TTACHMENTS

l Agreement between the Alameda-Contra Costa Transit District and the MetropolitanTransportation Commission Regarding Funding and Implementation of On-Board Surveyof AC Transit Passengers.

Approved by:

Reviewed by:Ramakrishna Pochiraju, Executive Director of Planning and Engineering

MichaeIEshleman, Service Planning ManagerDenise Standridge, GeneralCounselClaudia Allen, Chief Financial OfficerSally Goodman, Title VI Coordinator

Robert del Rosario, Director of Service Development and PlanningHoward Der, Planning Data AdministratorPrepared by:

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SR 17-231Attachment I

AGREEMENT

Between the

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

and the

METROPOLITAN TjiANSPORTATION COMMISSION

REGARDING FUNDING AND IMPLEMENTATIONOF AN ONBOARD SURVEY OF AC TRANSIT PASSENGERS

J:\CONTRAC'l\Contracts-New\CON 16-17\Funding Agreements\Transit Passenger Surveying\MTC AC Transit On Board Suwey FundingAgreement final.docx ' ' ' '' ' ' '-:-'

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TABLE OF CONTENTS

Pa

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TERM; EFFECTIVE DATEAB T(aiillea BPBBB pp# p pppepBBP &noopa I

B. Effective Date

FINANCIAL MATTERS

A. Effective Date

MTC RESPONSIBILITIES ..

A. Scope of Services ...........B. Recordkeeping; Reporting

C Invoces.ep+.pepepepe B s+PBP eB PBenBOBnBBBBBBBBe qqPPP pe PPRBBBBB.

INDEMNIFICATION, LIABILITY OF THE PARTIESA. Mutual Indemnification

B. Limitation on Liability of City...............

C. Incidental and Consequential Damages .....DEFAULT

A. MTC ..

B. Remedies Upon Event of Default1. Termination....................................

2. Withholding of Project Grant Funds...

City Default.1. Failure to Disburse Go Bond Funds...

2. No Default..........

3. MTC Remedies ..

TERMINATION . .

A. Termination for CauseB. Termination for Convenience

NOTICES TO THE PARTIES

o'mER CONDITIONS ...

A. No Assignment by MTC......................................

B. Modifications

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Independent Contractor.No Waiver

Force Majeure Event.................................

Dispute Resolution ..........

Compliance with Laws

Governing Law

Headings

Entire Agreement

Severability

Successors; No Third-Party Beneficiaries

Survival of Terms ................

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Attachment A - Scope of Work

Attachment B Cost Breakdown

Attachment C -- Special Conditions Relating to Personally Identifiable Information

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Alameda-Contra Costa Transportation District / M'll:Joint Funding Agreement for Intercept Survey of AC Transit Passengers

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AGREEMENT

Between the

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

and the

METROPOLITAN TRANSPORTATION COMMISSION

REGARDING FUNDING AND IMPLEMENTATIONOF AN ONBOARD SURVEY OF AC TRANSIT PASSENGERS

This Agreement (Agreement) is made between the Alameda-Contra Costa Transit District, aCalifornia independent, special district ("AC Transit") and the Metropolitan TransportationCommission ("MTC"). AC Transit and MTC may individually be referred to as "Party" orcollectively, as "Parties."

RECITALS

A. MTC and the transit agencies have a common interest in understanding thedemographics and travel patterns of transit riders. The MTC staff have already carried oultransit surveys in partnership with 22 separate transit agencies as part of the CooperativeDemographic and Travel Pattern Transit Rider Survey Program ("Survey Program"). Theresulting consolidated data facilitates across-agency comparisons and analyses

B. MTC has engaged an outside consultant ("Consultant") to perform servicesrelated to the Survey Program.

C. MTC and AC Transit wish to use the services of Consultant to performpassenger surveying services for Onboard Survey of AC Transit Passengers (the Project).Tbe Survey Agreement includes Tasks 1, 2 and 3, as described in Attachment A, Scope ofwork, which are specifically directed at performing such services for AC Transit.

D. This Agreement sets forth the scope of services for Consultant and the termsand conditions for use of the Consultant, including cost-sharing by MTC and AC Transit forthe Project.

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In accordance with the above understandings, AC Transit and MTC agree as follows

1. TERM; EFFECTIVE DATE

A. Term. This Agreement will commence on the Effective Date and willterminate on 12/31/2018.

B. Elective Date. This Agreement will be effective as of the Effective Date (asdefined below in the signature block).

11. FINANCIAL MATTERS.

A. Cost Sharing. AC Transit will pay to MTC as compensation for the Scope ofServices a portion of the amount of each MTC task and subtask equal to 20 percent of thetotal project fees. In no event shall the total amount paid by AC Transit in this Agreementexceed One Hundred Sixty Thousand Dollars ($160,000).

B. Payment. MTC shall provide an invoice to AC Transit for tasks or subtaskscompleted in the immediate preceding month. Compensation shall be made for servicesidentified in the invoice that AC Transit's designee, in his or her sole discretion, concludeshas been satisfactorily performed. AC Transit will make payment within 30 calendar days ofreceipt of the invoice, unless AC Transit notifies the MTC that a dispute as to the invoiceexists

111. MTC RESPONSIBILITIES

A. Scope of Services. MTC shall be responsible for managing the ConsultantAgreement. MTC shall direct the Consultant to perform the Services provided for inAttachment A (Scope of Services)

B. Recordkeeping; Reporting. Unless otherwise directed by AC Transit, MTCshall maintain the original records of all procurements, payments and contract expensesrelated to the Project during the term of this Agreement, and shall retain such records for aminimum of 3 years following completion of the Projects, or longer if required by federal orother regulatory agencies. MTC shall allow AC Transit, or its agents, to review and inspectsaid records during business hours to ensure compliance with such requirements, and to auditthe books, records, and accounts of MTC and its contractors, if necessary. Upon request,MTC shall provide AC Transit, or its agents, with copies of any records in its files relating toprocurements and other expenditures for the Project.

C. Invoices. The MTC shall submit invoices no later than 30 days after the endof each quarter. Invoices shall include a brief description of the work performed during thebilling period and copies of paid invoices hom the Consultant.

lv. INDEMNIFICATION; LIABILI'lY OF THE PARTIESA. Mutual Indemnification. MTC shall defend, release, hold harmless and

indemnify AC Transit, and its board members, officers, agents, employees, and consultantsOom any and all claims which arise out of the negligent acts or omissions of MTC, itscommissioners, officers, agents, employees, and consultants in the performance of itsactivities under this Agreement. It is further agreed that AC Transit shall defend, release,

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hold harmless and indemnify MTC and its commissioners, officers, agents, employees, andconsultants from any and all claims which arise out of the negligent acts or omissions of ACTransit, its board members, officers, agents, employees, and consultants in the performanceof its activities under this Agreement. In the event of concurrent negligence of MTC, itscommissioners, officers, agents, employees, consultants, and/or AC Transit and its boardmembers, officers, agents, employees, and consultants, the liability for any and all claimsshall be apportioned under the California theory of comparative negligence as presentlyestablished or as may hereafter be modified.

B. Limitation on Liability. IN NO EVENT WILL EITHER PARTY BELIABLE, REGARDLESS OF WHETHER A.NY CLAIM IS BASED ON CONTRA(T ORTORT, FOR ANY SPECIAL CONSEQUEN'HAL INDIRECT OR INCIDENTALDAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTIONWITH THIS AGREEMENT, THE PROJE(:T GRANT, OR ANY ACTIVITIESPERFORMED iN CONNECTION WITH 'mis AGREEMENT EXCEPT AS TO CLAIMSBROUGHT BY 'laIRD PARKES.

C. Incidental and Consequential Damages. If MTC recovers incidental orconsequential damages hom its Consultant attributable to losses suffered by AC Transit,MTC shall reimburse AC Transit to the extent of such damages.

V. DEl;AULT

A. MTC Default. The MTC may be in default of this Agreement for thefollowing acts, upon others: (i) submitting a false or misleading statement or document to ACTransit; (ii) failing to comply with applicable laws after AC Transit has allowed 30 days tocure such breach; or (iii) failing to perform material covenants of this Agreement and suchfailure or breach continues for a period of 30 days after receipt of AC Transit's written noticeof such failure or breach (or within such additional time the Parties may agree upon inwriting, provided that MTC commences the cure within such 30-day period and diligentlyprosecutes such cure to completion).

B. Remedies Upon Event of MTC Default. Upon and during the continuanceof a default not caused by a Force Majeure Event, as defined in Section VIII.F below, ACTransit may do any of the following, individually or in combination with any other remedybelow or as provided under law:

1. Termination. AC Transit may terminate this Agreement for cause, asprovided in Section V.A.

2. Withholding of Project Funds. AC Transit may withhold all or anyportion of funding not yet disbursed, regardless of whether MTC has previously submitted arequest for such funds or whether AC Transit has approved the disbursement of the fundsunder a prior request for payment. Any funds withheld pursuant to this Section andsubsequently disbursed to MTC after cure of an applicable default will be disbursed withoutinterest.

C. AC Transit Default

1. Failure to Disburse Funds. AC Transit's failure to make undisputedpayments to MTC in accordance with Section ll.D.2 of this Agreement shall constitute a AC

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Transit default for cause, provided such default continues for a period of 10 days after writtennotice hom MTC to AC Transit.

2. No Default. For the purposes of this Section V.C, each of thefollowing shall not constitute a AC Transit default:

a. Where AC Transit's failure to perfomi under Section ll.D.2 resultshom or is caused by the MTC's or its Consultant's failure to perform any other materialterm, covenants or condition contained in the Agreement.

b. Where AC Transit's failure to perform under Section ll.D.2 resultsfrom or is caused by a Force Majeure Event, as defined in Section VIII.F below.

3. MTC Remedies. Subject to the provisions of Section VIII.M, for anyuncured AC Transit default, without limiting any other remedy available to MTC, includingbut not limited to termination, the MTC may file an action to collect any and all paymentsthen due to MTC under this Agreement.

VI. TERMINATION

A. Termination for Cause. This Agreement may be terminated by either Partyfor cause. In the event of such termination, MTC will be paid or credited for eligible andapproved expenses relating to the Projects that were incurred by the MTC prior to the dateMTC receives notice of such termination.

B. Termination f'or Convenience. This Agreement may be terminated forconvenience by either party by giving 30 days prior written notice to the other party. In theevent of such termination, MTC will be paid or credited for eligible and approved expensesrelating to the Projects that were incurred by the MTC prior to the date MTC receives noticeof such termination.

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VII. NOTICES TO THE PARTIES

Unless otherwise indicated elsewhere in this Agreement, all written communicationssent by the Parties may be by U.S. mail or email and will be addressed to the followingdesignated persons who will be the contact persons for each party:

To AC Transit Alameda-Contra Costa Transit District1600 Franklin StreetOakland. CA 94612Attn: Howard DerEmail: hder(@actransit.orgPhone: 510-891-7208

To MTC Metropolitan Transportation Commission375 Beale Street, Suite 800San Francisco, CA 94105Attention: Shimon Israel

Email: sisrael(a)mtc.ca.govPhone: 415-778-5239

Written notification to the other Party shall be provided in advance of changes in the name oraddress of the designated person above. Any notice of default must be sent by registeredmail or other guaranteed delivery service.

VIII. OTHER CONDITIONS

A. No Assignment. Tbe services to be performed by MTC's Consultant arepersonal in character and neither this Agreement nor any duties or obligations hereunder maybe assigned or delegated by MTC or its Consultant unless first approved by AC Transit bywritten instrument executed and approved in the same manner as this Agreement. Anypurported assignment made in violation of this provision shall be null and void.

B. Modifications. This Agreement may not be modified, nor may compliancewith any of its terms be waived, except as noted in Section Vll "Notices to Parties,"regarding change in personnel or place, except by written instrument executed and approvedas required under law.

C. Relationship of the Parties. It is understood that this is an Agreement by andbetween independent contractors and is not intended to and does not create the relationship ofagent, servant, employee, partnership, joint venture or association, or any other relationshipwhatsoever other than that of independent contractor.

D. No Waiver. No waiver of any default or breach of any covenant of thisAgreement by either Party to this Agreement can be implied from any omission by the otherParty to take action on account of such default if such default persists or is repeated. Noexpress waiver will affect any default not specified in the waiver, and the waiver will be

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operative only for the time or extent stated. The consent or approval of any act by eitherParty will not be deemed to waive or render unnecessary consent or approval to anysubsequent, similar acts.

E. Force Majeure Event. An inability for any Party to perform under thisAgreement that the Party demonstrates could not have been avoided by the Party's exerciseof due care, prudence, foresight, or diligence and that arises directly hom: an act of God;fire; flood; windstorm; tornado; earthquake; war; riot; insurrection; epidemic; quarantinerestrictions; acts of terrorism; inability of the Party, its suppliers, or subcontractors to procurelabor; height embargo; accident; priorities or privileges established for the manufacture,assembly or allotment of materials by order, decree, or otherwise of the United States or byany department, bureau, commission, committee, agent or administrator of any legallyconstituted public authority; the prevention by the one Party of the other Party fromcommencing or prosecuting any of its duties under the Agreement; inability of a Party toobtain applicable permits and licenses from relevant governmental authorities; change of lawthat prevents implementation of the Program; a judgment, order, or decree issued by a courtpreventing implementation of the Program; or failure of public utility service outside thecontrol of the Party.

Dispute Resolution. If a question arises regarding an invoice, interpretationof this Agreement or its performance, or the alleged failure of a Party to perform, the Partyraising the question or making the allegation must give prompt written notice of the issue tothe other Party. The appropriate project managers from MTC and AC Transit, or otherdesignated staff, shall, in good faith, meet with each other to resolve the contested issues.the project managers hom AC Transit and the MTC are unable to resolve the dispute, thematter shall be forwarded to the General Manager of AC Transit and the Director of Planningfor the MTC. If they are unable to resolve the dispute, the Parties may mutually agree topursue alternative dispute resolution sharing the costs equally. It is the intent of the Parties tothe extent possible that litigation be avoided as a method of dispute resolution.

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If

G. Compliance with Laws. In the performance of this Agreement, each Partyshall comply with all applicable local, state and federal laws.

H. Governing Law. The formation, interpretation and performance of thisAgreement will be governed by the laws of the State of California, without regard to itsconflict of laws principles.

Headings. All article and section headings and captions contained in thisAgreement are for reference only and will not be considered in construing this Agreement.

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Entire Agreement. This Agreement sets forth the entire Agreement betweenthe parties, and supersedes all other oral or written provisions.

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K. Severability. Should the application of any provision of this Agreement toany particular facts or circumstances be found by a court of competent jurisdiction to beinvalid or unenforceable, then (a) the validity of other provisions of this Agreement will notbe affected or impaired thereby, and (b) such provision will be enforced to the maximumextent possible so as to effect the intent of the Parties and will be reformed without furtheraction by the Parties to the extent necessary to make such provision valid and enforceable.

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L. Successors; No Third-Party Beneficiaries. The terms of this Agreementwill be binding upon, and inure to the benefit of, the Parties hereto and their successors andassigns. Nothing in this Agreement, whether express or implied, will be construed to giveany person or entity (other than the parties hereto and their respective successors and assigns)any legal or equitable right, remedy or claim under or in respect of this Agreement or anycovenants, conditions or provisions contained herein.

M. Survival of Terms. The obligations of the parties and the terms of thefollowing provisions of this Agreement will survive and continue following expiration ortermination of this Agreement: Sections ll.D.2, 111.B; IV; VIII.C, D, G, H, 1, J, K, L.

N. Personally-ldentiHiable Information. AC Transit shall comply with therequirements provided in Attachment C: Special Conditions Relating to Personally-Identifiable Information.

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This Agreement has been executed as of the date last set forth below ("Effective Date").

By:.Michael A. Hursh.

General Manager

Date: June 23, 2017

APPROVED AS TO FORM & CONTENT:

By:.Denise C. Standridge,

General Counsel

By:.Steve Heminger,

Executive Director

Date: June 23, 2017

APPROVED AS TO FORM

By:.Matt Lavrinets,

MTC Senior Counsel

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ATTACHMENT A

Scope of Work

Task 1: AC Transit Survey Design, Sampling Plan, and Pretest

Task I of this contract focuses on development of the Alameda-Contra Costa Transit District("AC Transit" or ''Operator") survey instrument, the AC Transit sampling and fieldprocedures plan, and the AC Transit survey protest.

I'ask 1.1: Stlwey Instrtunent

Consultant shall work with AC Transit and MTC staff to develop a passenger surveyinstrument and a detailed set of procedures for administering the survey. Consultant shalldevelop a tablet-based personal interview as the primary method of data collection.Consultant shall use questionnaires from previous AC Transit passenger surveys and fromrecent MTC surveys as a basis for developing the AC Transit survey instrument. Thequestions shall be refined to work best with a tablet-based format, and questions may beadded, subtracted, or reworded to meet the surveying needs of AC Transit and MTC.Additionally, AC Transit and MTC may identify questions of higher and lower priority tohelp streamline the survey instrument.

The survey will focus on collecting: (1) all elements of the "one-way" trip including trippurpose, origin and destination addresses (or nearest intersections), boarding and alightinglocations, access and egress modes, and transit transfers made; (2) "half-tour" informationneeded for activity-based modeling efforts; (3) information needed for the travel demandmodel and transit planning, including person and household demographics; and (4) TitleVI passenger information to be used for equity analysis; (5) detailed information on fareand fee payment instruments and types; and (6) other key characteristics of both therespondent and the trip, including up to five custom questions determined by AC Transit.

Tablet PCs used for this effort shall integrate a mapping engine (e.g., Google Maps) withthe survey software in real-time to allow for accurate geocoding of the survey data. At aminimum, addresses or cross streets of every stop in the full trip sequence of eachpassenger shall be collected and geocoded. The stop sequence may include some or all ofthe following locations: (1) trip origin location; (2) location of the first entry to transit (e.g.,park-n-ride location, drop-off location, first bus/rail stop boarded, etc.) and all transittransfer locations associated with the "access" trip to the AC Transit boarding stop; (3) theAC Transit boarding stop location; (4) the AC Transit alighting stop location, (5) all transittransfer locations associated with the "egress" trip from the AC Transit alighting stop, andthe exit location hom transit (e.g., park-n-ride location, pick-up location, alighting locationfor last transit vehicle used), (6) trip destination; (7) home location; (8) work location if thesurvey participant is a worker and work is not the trip origin or destination; and (9) schoollocation if survey participant is a student and school is not the trip origin or destination. Alllocations will be geocoded to latitude/longitude coordinates.

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While tablet-based personal interviews will serve as the primary data collection method,Consultant shall develop telephone (CATI) surveys to ensure that all segments of the ACTransit rider population are adequately represented. Telephone surveys shall be availableto capture passengers who do not have sufficient time to complete the interview duringtheir trip (e.g., a person who arrives at an AC Transit stop just before the bus arrives andgets off at the next stop). Telephone surveys shall also be used for passengers who do notspeak English and when a bilingual surveyor speaking the appropriate language is notimmediately available. (Consultant will develop printed materials e.g., a decal on uniformand back of tablet to alert non-English speakers and deaf customers that accommodation isavailable.) To ensure accurate recall of the passenger's trip information for telephonesurveys, Consultant shall gather the person's name and phone number and contact thepassenger within 24 hours of initial contact.

Printed surveys may be used to capture segments of the population that are not able to hearand/or speak, such as deaf riders. Persons who are deaf or hearing-disabled may be given aprinted copy of the survey and a return-reply pre-paid envelope so they can return thesurvey by mail.

Deliverable 1.1 Finalized AC Transit survey instrument and procedures by September 15,2017

I'ask 1.2: Detailed Sampling Phn attd Field Procedures Plan

Consultant shall coordinate with AC Transit and MTC staff to collect transit operationsinformation needed to develop a detailed sampling plan for AC Transit, ensuring that the datawill be statistically reliable for the AC Transit system overall and at the individual routelevel. If deemed necessary by AC Transit and MTC, Consultant shall have the draftsampling plan reviewed by a statistician to ensure statistical validity and reliability.

Consultant shall design a sampling plan that collects representative data from passengers perroute sampling rates agreed upon by AC Transit and MTC. Consultant shall consider how tohandle different days of the week, special events, and other factors that may impactsurveying, such as major storms or service delays, and the Consultant discuss the pros andcons of different options with AC Transit and MTC prior to determining days to include inthe survey.

In addition, the sampling plan shall include at least 1,000 weekend surveys that arerepresentative of Saturday ridership and Sunday ridership. Consultant shall present ACTransit and MTC with additional options for increasing the Saturday and Sunday samplesizes, should that be desirable by MTC or AC Transit.

The sampling plan shall specify the following information: (1) the specific bus runs to besurveyed; (2) the protocol for selecting passengers to minimize sampling bias; and (3) theprotocols for incorporating stop/station and/or onboard. Regarding passenger selection, themethodology must ensure that all AC Transit passengers have an equal chance of beingselected for the survey. Refusals and deferred completion of the survey must be tracked and

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identified as to cause to the extent feasible as obtained from the survey instrument.Consultant shall describe any adjustments that may be made to procedures mid-course,should higher-than-expected refusals be encountered that may impact data for specificgroups, such as non-English speakers or disabled passengers.

Additionally, Consultant shall outline quality control procedures for field work to ensurevalidity of all fieldwork, as well as proposed bilingual staff deployment, as part of the fieldprocedures plan.

The sampling plan must cover all hours of operations on weekdays and weekends, providingadequate representation by stop-on to stop-off segment pair by time period on weekdays.Consultant shall segment sampling by stop-on to stop-off segment pair, direction, and thefollowing day parts for weekdays: (1) Early AM, 5-6 am; (2) AM Peak, 6-10 am; (3)Midday, 10 am-3 pm; (3) PM Peak, 3-7 pm; (4) Evening, 7pm-10pm. Consultant shouldaddress how adequate representation will be ensured and discuss the thresholds at which"dummy" variables would be used.

Weekend sampling plans will consider sample segmentation for representativeness by line,direction, and day part. Additionally, Consultant shall work with AC Transit and MTC toincorporate minor modifications to the sampling plan that support specific samplingobjectives.

Deliverable 1.2 Technical memorandum: detailed sampling plan and field procedures planfor AC Transit by September 15, 2017.

Task 1.3: Protest Plan

Consultant shall develop a protest plan describing the work to be accomplished during theprotest. The protest plan shall reference applicable data collection procedures and samplinginstruments produced in Tasks 1.1 and 1.2 of this task order. The protest plan shall alsodescribe items specific to the protest, including but not limited to: (1) protest goals; (2)survey dates; (3) bus runs to be surveyed: (4) the staffing plan for the protest; (5) adescription of what survey-related goals will be tracked and how that tracking infomlationwill be recorded; and (6) important milestones and deliverables associated with the protest.

Deliverable 1.3 Technical Memorandum: Protest Plan by September 15, 2017

Task 1.4: Survey Protest

Consultant shall work with AC Transit and MTC staff to perform a pilot field effort of thesurvey questionnaire and perform data collection procedures in order to determine if thesurvey is properly constructed. The protest shall include a minimum of 500 completedsurveys. The primary data collection mode, tablet computer, will be evaluated. Alternatives,including computer-assisted telephone interviews (CATI) and paper surveys that are usedwhen it is not possible to complete an interview via tablet computer, shall also be evaluated

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as backup modes. These evaluations shall include analyzing response rates and non-responsedetails (e.g., reasons for non-response, types of non-response) in order to gauge any potentialbias due to differences in those who complete vs. don't complete the survey. Note thatConsultant shall provide details to be tracked for this evaluation to AC Transit and MTC (aspart of Deliverable 1.3, the Pretest Plan) for approval prior to the pilot effort.

The protest shall replicate all tasks that shall be conducted for the administration of the mainsurvey and shall accomplish the following goals: (1) assess the feasibility of the samplingapproach; (2) evaluate respondent selection and data collection procedures; (3) evaluatemethods used to ensure that customers selected for the survey can participate regardless ofdisability or English language proficiency; (4) evaluate response rates and non-responsedetails; (5) clarify the questionnaire topics; (6) assess real-time geocoding procedures; and(7) streamline question wording and question count ensuring clarity and timely completion.The end goal of this e#ort is to ensure that the main sampling effort (subsequent to this task)proceeds smoothly and with minimal complications, and that project funds are efficiently andeffectively allocated to meet the project's objectives and schedule.

Important aspects of the surveying methodology that Consultant shall evaluate include, butnot be limited to:

e is the selection procedure sufficiently random? Do all types of AC Transit riders have anequal chance of being selected for the survey?

e is a diverse background of respondents being surveyed, with respect to race, ethnicity,travel patterns, access/egress modes, incomes, English language proficiency and othercharacteristics? Are certain types of riders less likely to complete surveys than others?

e How well are bilingual interviewers being deployed?

e Does the survey question order make sense?

B Are the questions easy to understand? Are riders responding to questions as expected?

e Are most riders able to complete the entire survey during their AC Transit trip?

e if a particular question is not relevant to a given respondent, do the tablet and CATI scriptquestion "skip patterns" work properly?

e Do the real-time geocoding procedures work smoothly and effectively in collectingaccurate origin/destination and boarding/alighting information hom respondents ?

8 Are boardings/alightings coded to the correct routes and stops?

e Does geocoding of trip milestones (origins, destinations, etc.) make sense? Meaning, doboarding and alighting patterns seem logical in relation to the ultimate origin anddestination of a trip? Does the full route taken on a given trip seem reasonable?

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e How are the alternative data collection modes, CATI and paper surveys, performing asback-up modes with regard to response rates and data quality?

e For surveys conducted using a CATI follow-up, how does the time delay between theinitial passenger intercept impact survey participation and trip recall?

Additionally, the pilot shall include evaluation of the following conditions that may posespecial surveying challenges on AC Transit:

l Participant selection and surveying during crowded (i.e., standing-room only)conditions

2. Surveying in noisy conditions

3 Effectiveness of tablet wheless connections in any underground locations throughoutthe AC Transit system

Consultant shall deliver the raw tablet computer and CATI survey records from the protest toAC Transit and MTC in a format to be agreed upon. Based on feedback from AC Transitand MTC staff about the data organization and file structure, Consultant shall deliver a finaltabulated data set to AC Transit and MTC. Consultant shall remove transit rider identification

information (i.e., name and phone number) before delivering records. Consultant shall alsodeliver a protest summary report with recommended adjustments to sampling methodology,field procedures, and sampling instrument(s) for the full survey effort.

Task .Z.4./: MTC Staff and/or Other Stakeholders Involved in Pretest

Consultant shall work with AC Transit and MTC staff and/or other stakeholders to facilitate

their participation. All deliverables defined below due September 30, 2017.

Deliverable 1.4 Raw electronic version of protest tablet computer and CATI survey recordsDeliverable 1.5 Final tabulated protest dataDeliverable 1.6 Technical memorandum: results of survey protest

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Task 2: Boarding-to-Alighting Survey for AC Transit

Task 2 of this contract focuses on collection of passenger boarding-to-alighting survey datafor the AC Transit.

Task 2.1 : Coltduct a Boarding-to-Alighting Starve)

Prior to administering the full intercept survey, Consultant shall conduct a boarding-to-alighting survey of passengers on a subset of AC Transit routes. This "pre-survey" isconducted to better understand passenger boarding and alighting patterns of certain high-ridership routes, especially long routes that many service several diHerent populations andtrip patterns. The resultant boarding-to-alighting dataset enables development of a morerepresentative sampling plan and also supports better expansion for the full intercept surveydatasete

For each AC Transit passenger, Consultant shall collect the locations (transit stops and/orstations) where the passenger boarded a transit vehicle and where they alighted that samevehicle. Data collection goals for the boarding-to-alighting survey will be roughly a 20percent sample of weekday riders from selected AC Transit routes.

Survey goals for each route will be stratified by direction within t-he following day parts forweekdays: (1) Early AM, 5-6 am; (2) AM Peak, 6-10 am; (3) Midday, 10 am-3 pm; (3) PMPeak, 3-7 pm; (4) Evening, 7pm-lOpm. No weekend boarding-to-alighting data collection isplanned.

Deliverable 2.1: Raw AC Transit passenger boarding-to-alighting survey data by September3() 2017

T(wk 2.2: Cleaning and Processing ofBoarding-to-Alighting Data for AC Transit

Consultant shall clean and process the data collected during Task 2.1 and submit the finaldata to AC Transit and MTC.

Deliverable 2.2: Final AC Transit passenger boarding-to-alighting database by October 15,2017

Task 3: Passenger Survey for AC Transit

Objectives of this task include the following

l Collect data used to support future local and regional transit planning efforts

2. Fulfill data collection requirements stipulated by Circular 4702.IB Title VIRequirements and Guidelines for Federal Transit Administration Recipients

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Consultant shall work with Operator and MTC to perform a survey of AC Transit passengersConsultant shall administer the survey utilizing the sampling plan and survey instrumentdeveloped for Task I of this funding agreement, including any written updates to this planthat have been approved by both Operator and MTC. The final survey instrument andprocedures must be approved by both Operator and MTC at least one week prior to the startof the survey.

Consultant shall execute an AC Transit passenger survey according to the sampling plan. Asthe survey is being conducted, Consultant shall provide raw data files to Operator and MTCper the schedule and/or upon request from Operator or MTC. After the survey is completed,results shall be summarized by Consultant in a technical report. The technical report, alongwith final geocoded, expanded survey data shall be provided to Operator and MTC. In orderto protect survey participant's Personal Identification Information (Pll) all Pll shall behandled in accordance with Agreement between Consultant and MTC, and all appropriateprivacy controls shall be applied to the data.

Task 3.1 : Coltduct Fait Intercept SurveyJor AC Transit

Surveying shall be conducted by personal interviews with passengers using tablet computersThe tablets shall be equipped with real-time mapping capability to capture origins,destinations, boarding and alighting locations, as well as transfers for connecting transitagencies. In addition, Consultant shall capture home, workplace, and school locations, asrelevant, for passengers.

Consultant shall train survey staff prior to data collection and shall allow Operator and MTCto observe training and to participate as needed. At least one week prior to training,Consultant shall provide Operator and MTC with outline of training material for review andfeedback. Per Consultant's sampling plan, survey staff shall include bilingual interviewers(e.g., Spanish, Vietnamese, and Mandarin) who shall be deployed to stations where limited-English proficient passengers are likely to be encountered.

Consultant shall collect a minimum of 10,000 completed weekday surveys and 1,000weekend surveys. For the scope of this task order, a complete survey must meet thefollowing minimum criteria:

e A minimum of 90 percent of all surveys shall identify all specific trip segmentoperators and routes;

e A minimum of 90 percent of all surveys shall identify each GIS location includingorigin, boarding, alighting, destination as well as home if home is not the trip originor destination, and work or school if the respondent works or is a student and work orschool are not the trip origin or destination;

e A minimum of 80 percent of all surveys shall include a response for income;

e A minimum of 85 percent of all surveys shall ' include a response for race;

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e A minimum of 85 percent of a]] surveys sha]] include a response for language otherthan English spoken at home;

e A minimum of 85 percent of all surveys shall include a response for ability to speakEnglish;

e A minimum of 85 percent of all surveys shall include a response for number ofworkers in the household;

e A minimum of 85 percent of all surveys shall include a response for number ofdrivable vehicles in the household;

e A minimum of 85 percent of all surveys shall include a response for age; and

e Each survey shall include responses for a minimum of 85 percent of all surveyquestions asked.

Deliverables for Task 3.1 include a technical memorandum indicating that each of the belowsurvey milestones is reached as well as a raw data file of survey records from each milestoneSurvey metadata shall also be provided at this time. All deliverables defined below will bedelivered by December 31, 2017.

Deliverable 3.1.1: Technical memorandum and raw data file: 2,200 surveys complete




Deliverable 3.1.5: Technical memorandum and raw data file: 11,000 surveys complete,consisting of 10,000 weekday and 1,000 weekend

Task 3.2: Conduct Data Expattsion offical Sane) DataConsultant shall deliver a final dataset to Operator and MTC in a format determined by ACTransit and MTC. Final dataset revisions hom the raw survey records include data cleaning,application of quality assurance/quality control procedures, data reasonableness checks, anddata weighting/expansion. Consultant shall review data from a minimum of 500 surveyrecords prior to drafting proposed data editing rules, and the proposed rules must beapproved by Operator and MTC prior to making data modifications from raw to final surveyrecords. Any changes made to a data record shall be fully documented within that record.

The dataset shall include geocoded (in latitude/longitude coordinate format) origin anddestination addresses, boarding and alighting locations, and home, school, and workplacelocations, as well as transit transfer locations. Consultant shall ensure that the dataset isproperly weighted and expanded to represent ridership by route, direction, boarding/alighting

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patterns, and time of day for weekdays, and that the weighting for weekends berepresentative of Saturday and Sunday ridership.

Consultant shall deliver cross-tabulations of key final survey variables,

Deliverable 3.2 Final survey data for AC Transit with a minimum of 10,000 completedweekday surveys and 1,000 weekend surveys; Technical report: crosstabulations by March 1,2018

Task 33: SuinmaO Report - Draft and Final VersionsConsultant shall prepare a draft report for Operator and MTC. The report shall documenthow the survey was conducted, what data was collected and how it was collected. It shallalso document quality assurance/quality control procedures applied to the survey, identifyany problems that were encountered, and explain how problems were addressed. It shallinclude a complete accounting of attempted passenger intercepts to allow computation ofresponse rates overall and by station. The report shall include a discussion of the surveyresults and relevant high-level data summaries. The report shall also provide an executivesummary suitable for distribution to board members, stakeholders, citizens, and interestedparties

After reviewing and incorporating feedback flom Operator and MTC, Consultant shallprepare a final report.

Deliverable 3.3.1 Technical report (drab): results of passenger survey for AC Transit byMarch 1, 2018.

Deliverable 3.3.2 Technical report (final): results of passenger survey for AC Transit byApril 1, 2018.

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AmACHMENT C

Special Conditions Relating to Personally Identifiable Information

AC Transit will have access to personally identifiable information (Pll) in connection withthe performance of this Agreement. Pll is any information that is collected or maintained byMTC or AC Transit that identifies or describes a person or can be directly linked to a specificindividual. Examples of Pll include home, work, school or other geocoded locations; name;address; phone or fax number; signature; and travel pattern data. The following specialconditions related to the confidentiality and use of Pll apply to this Agreement:

1. Right to Audit

AC Transit shall permit MTC and its authorized representatives to audit and inspect: (i) ACTransit's facilities where Pll is stored or maintained; (ii) any computerized systems used toshare, disseminate or otherwise exchange Pll; and (iii) AC Transit's security practices andprocedures, data protection, business continuity and recovery facilities, resources, plansand procedures. The audit and inspection rights hereunder shall be for the purpose ofverifying AC Transit's compliance with this Agreement, and all applicable laws related tothis Funding Agreement.

2. G$pQu! Confidentiality of Data

All Pll made available to or independently obtained by AC Transit in connection with thisAgreement shall be protected by AC Transit from unauthorized use and disclosure throughthe observance of the same or more elective procedural requirements as are applicable toMTC. This includes, but is not limited to, the secure transport, transmission and storage ofPll used or acquired in the performance of this Agreement.

AC Transit agrees to properly secure and maintain any computer systems (hardware andsoftware applications) that it will use in the performance of this Agreement. This includesensuring all security patches, upgrades, and anti-virus updates are applied as appropriate tosecure Pll that may be used, transmitted, or stored on such systems in the performance of thisAgreement.

AC Transit is prohibited from storing unencrypted Pll on portable media including, but notlimited to, laptops, thumbdrives, disks and so forth.

When Pll is no longer required for AC Transit's business purposes, AC Transit agrees to useDepartment of Defense ("DoD") approved methods to permanently remove Pll from anyfiles. Discarded Pll will be unavailable and unrecoverable following the purge on anystorage media including, but not limited to, magnetic disk, optical disk, and memory chips("Storage Media"). AC Transit agrees to destroy hard-copy documents containing Pll bymeans of a cross-cut shredding machine. AC Transit also agrees to use DoD approvedmethods to sanitize any Storage Media prior to discarding or when useful life has ended,whichever comes first. These requirements shall survive termination or expiration of thisAgreement.

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3. Compliance with Statutes and Regulations

AC Transit agrees to comply with the applicable information handling and confidentialityrequirements outlined in the California Information Practices Act (Civil Code sections 1798er. seq.) in addition, AC Transit warrants and certifies that in the performance of thisAgreement, it will comply with all applicable statutes, rules, regulations and orders of theUnited States, the State of California and MTC relating to the handling and confidentiality ofPll, including the terms and conditions contained in this Attachment B, Soecial ConditionsRelating to Personally Identifiable Information and agrees to indemnify MTC against anyloss, cost, damage or liability by reason of AC Transit's violation of this provision.

4. Subconsultants

MTC approval, in writing, is required prior to any disclosure by AC Transit of Pll to asubconsultant or prior to any work being done by a subconsultant that entails receipt of Pll.Once approved, AC Transit agrees to require such subconsultant to sign an agreement insubstantially identical terms as this attachment, binding the subconsultant to comply with itsprovisions.

Should MTC disclose Pll hom this Agreement to a subconsultant, MTC will provide ACTransit with a copy of the agreement pertaining to the handling of Pll and dataconfidentiality .

5. Consultant Guarantees

AC Transit shall not, except as authorized or required by its duties by law, reveal or divulgeto any person or entity any Pll which becomes known to it during the term of thisAgreement.

AC Transit shall keep all Pll entrusted to it completely secret and shall not use or attempt touse any such information in any manner which may injure or cause loss, either directly orindirectly, to MTC.

AC Transit shall comply, and shall cause its employees, representatives, agents andsubcontractors to comply, with such directions as MTC may make to promote thesafeguarding or confidentiality of all its resources.

If requested by MTC, AC Transit shall sign an information security and confidentialityagreement provided by MTC and attest that its employees, representatives, agents, andsubcontractors involved in the performance of this Agreement shall be bound by terms of aconfidentiality agreement with AC Transit substantially the same in its terms.

6. Notice of Security Breach

AC Transit shall immediately notify MTC when it discovers that there may have been abreach in security which has or may have resulted in compromise to Pll. For purposes of this

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section, immediately is defined as within 2 hours of discovery. The MTC contact for suchnotification is as follows:Privacy Officer

privacyofficer(@mtc.ca.gov(415) 778-6700

Similarly, MTC shall immediately notify AC Transit when it discovers that there may havebeen a breach in security which has or may have resulted in compromise to Pll. For purposesof this section, immediately is defined as within 2 hours of discovery. The AC Transitcontact for such notification is as follows:

Howard [email protected]

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AC Transit | Alameda-Contra Costa Transit District · 2017. 8. 4. · SR 17-231 Attachment I...

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