HomeMy WebLinkAboutAgenda Report - March 5, 2008 E-03AGENDA ITEM E"3
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Approve Scope of Work for Transit Operations Contract and Authorize
Advertisement for Request for Proposals (GrapeLine, VineLine and Dial -A -Ride)
MEETING DATE: March 5,2008
PREPARED B Y Public Works Director
RECOMMENDED ACTION: Approve the Scope of Work for the Transit Operations contract and
authorize staff to advertisefor Requestfor Proposals (RFP).
BACKGROUND INFORMATION: The City's transit program began in January 1978 with a Dial -A -Ride
type service through a contract with the local taxi company. The
system was designed to meet the needs of seniors, disabled and
economically disadvantaged persons who were unable to travel by
car. The City took over the Dial -A -Ride program in September 1992 and added its Fixed Route service in
November 1994. In 1996, the entire operation was contracted to a specialized provider. Services are
currently provided by a contract with MV Public Transportation, Inc.
The City of Lodi's current contract is five years old and has expired. It is time to re -bid the contract. In
addition to the current scope of work, the proposalwill include ADA service reporting and tracking,
computerized dispatching and the requirementthat all proposed Contractor employees be fingerprinted
and pass a background check before they are eligible to drive under the contract. In addition to the
Scope of Work, the RFP documents will require the submittal of references, experience, and a wage and
benefits schedule. The RFP will be evaluated for "Best Value", which includes reviewing management,
training, accident history and staffing, in addition to price. The proposals will include a flat monthly
charge for administration and dispatch, plus an hourly rate per vehicle revenue hour. The contract term
shall be for four years, with two one-year extensions possible. Staff has included in the RFP the current
pay scale and benefits package and calls for a minimum starting salary that is to be no less than $1.00
lower than the existing starting salary. Setting the minimum pay levels has assisted in retaining and
recruiting drivers.
The issuance of the RFP for Transit Operations in Lodi also coincides with the timing for release of the
RFP for services covering the City of Galt. Staff has met with the City of Galt and is bringing forward the
idea of bidding the two services concurrently with an optional bid to allow for one contractor to provide
both services. By issuing the optional bid, the Cities would allow for joint management, staffing and
oversight of the contracts which is anticipated to result in reduced costs for both systems. In addition, the
concurrent management of the services should facilitate ease in reporting requirements associated with
the federal funding we receive. Currently, data on Galt's services is prepared by their contractor,
submitted to Galt and then submitted to us. If the two systems utilized the same contractor, staff would
have direct access to all applicable data. A copy of the RFP is on file in the Public Works Department.
The RFP is scheduled to be released March 71 , with proposals due on April 9'r`. Staff intends to bring
this item back to the City Council at the first meeting in Mayfor award.
APPROVED: r--�
Blair Kin4,JZty Manager
KIWPITRAN51T\GRFP 2008 doc 212512008
Approve Scope of Work for Transit Operations Contract and Authorize Advertisement for Request for
Proposals (GrapeLine, VineLine and Dial -A -Ride)
March 5, 2008
Page 2
FISCAL IMPACT: This agreement will allow the City of Lodi to claim and receive Federal
Transit Administration funding. These funds will pay for on-going
operations and upcoming capital needs. Without a new contract, Federal
funding can not be utilized for operations. The current contract amount is
approximately $1.8 million per year and varies with the hours of service being provided. Staff believes
that contracting the service provides the best value to the City. Transit service is very specialized and
having a contractorwho can share overhead expenses (such as training, operation support and
technology changes) with their other contracts is a benefit. Other than specialized districts, very few
cities directly operate their own transit service.
FUNDING AVAILABLE: Funding for this Transit Operations contract will be from Transportation
Development Act (TDA) and Feder ransit Administration (FTA) funds.
whiiudl C' Vii, Jr,
Public Works Director
Prepared by Tiffani M. Fink, Transportation Manager
RCP/TMF/pmf
cc: Transportation Manager
K:IWPITRANSITICRFP 2008.doc 212512008
TABLE OF CONTENTS
Section 1 - General Information PAGE
1.1 Introduction.................................................................................................................6
1.2 Organization of the RFP.............................................................................................6
1.3 City's Rights................................................................................................................7
1.4 Proposer's Responsibilities........................................................................................7
1.5 Restriction on Contacts...............................................................................................8
1.6 Consequence of Submission of Proposal..................................................................8
1.7 Cost of Submitting Proposals.....................................................................................9
Section 2 - Background
2.1 Demographics & Population Growth.................................
...............................10
2.2 Current Services...............................................................................................10
2.3 City -Provided Vehicles...............................................
...............................11
2.4 Fare and Pass Schedule .......................................... ..........
...........................11
Section 3 - Schedule & Submittal Instruction
3.1 Procurement Schedule ................................................................ .........12
3.2 Proposal Submission ............................... ................ ..................... ..........12
3.3 Proposal Content ......................................... ............................13
3.4 Pre -Proposal Conference............................................................................13
3.5 Written Questions .................... .................................................................14
3.6 Clarification/Interviews............... ............... ..........................................14
3.7 Accuracy in Reporting Requeste fo ............ .....................................14
Section 4 - Required E s of Pr al
4.1 Performance Re ......................................................................15
4.2 Content of Tec Propo ..........................................................................15
4.3 Content of Pr' roposal .... ...........................................................................18
4.4 Insurance ......... ......... .....................................................................18
4.5 Audited Financial...........................................................20
4.6 Prop ...............................
...............................................................20
4.7 P ance ............................................................................................20
4.8 gness to Ac Pro d Arrangements.......................................................20
5.1 Evalu ai
5.2 Evaluati
5.3 Final Selec
Section 6 - Pro -
6.1 Definitions ...
6.2 Procedures..
,rocea u res
..................................................................................................
..................................................................................................
21
22
23
24
24
APPENDICES
Appendix A: Scope of Work
A
B.
C.
D.
E.
F.
G.
H.
I.
J.
K
General........................................................................................................... A-1
Equipment, Including Vehicles...................................................................... A-3
Maintenance and Maintenance Facilities...................................................... A-4
Marketing and Public Relations Program ...................................................... A-8
Administration, Reports, Accounting, and Audits .......................................... A-9
Service Quality Standards............................................................................... A
Assessments for Non Compliance.............................................................. A-10
Assessments and Incentives for Performance...t................................ A
Changes to Level of Service........................................................... A13
Employee Qualifications and Training Program............................ A14
GeneralRules............................................................................ A 18
Appendix B:
Energy Conservation ...........
Access to Records ...............
Federal Changes .................
No Obligation by the Federal
Program Fraud and Fal
Civil Rights .....................
Reporting and Record Re
Disadvantaged Business
...................................... .............
B-1
....... ................ ..................... ...........
B-1
........... ...............................................
B-1
Govern.............................................
B-1
audulent S ents or Related Acts..............B-2
S
..........................................................
B-2
do firemen ......................................
B-3
rpris...........................................
B-3
er ...........................................
B-4
Laws Regulations ...................
B-4
t...............................................................
B-5
....................................................................
B-5
fety dards Act ...........................................
B-6
%poll
B-7
.............................................................
B-8
.........................................................................
B-8
.........................................................................
B-8
Arrangements..................................................
B-8
.........................................................................
B-9
.......................................................................
B-10
.......................................................................
B-10
.......................................................................
B-10
Appendix C: Required Forms
Form A - Lobbying Certification...........................................................................0-2
Form B - Certification Re: Debarment, Suspension, and Other Responsibility
Matters.................................................................................................................0-3
ope o..........................................................D-3
Form C-1, C-2 - Price Proposal...........................................................................0-5
and quirement..........................................................................D-3
Form D-1, D-2 - Line Item Operating Budget......................................................0-7
Conerm......................................................................................D-5
Form E-1, E-2 - Staffing Levels & Wages/Salaries (Fixed -route, DART, and
Paratransit)...............................................................................................
C-9
Form F - Addendum Receipt.............................................................................0-11
Form G - Non -Collusion Affidavit for Contractor...............................................0-12
8
Form H -Certification of Eligibility (Labor Standards).....
............................0-13
Form I -Certification of Primary Participant Regardin
onsibility MattersC-14
Form J - Certification DBE Program/Equal Employ
pportunity ..............0-15
Form K - Proposer's Bond...................................
..............................0-16
Form L - Willingness to Accept Proposed Arra ent
..........................0-18
Form M - Certification Regarding Alcohol � ' e and Pro
Drug Use .... C-20
Appendix D: Transit Vehicle Inventory
Appendix E: Services Brochures and
Appendix F: Current EmployeeScale andlposed Minimum Starting
Scale
Appendix G: Agreement for the Pr ion o RoMaratransit and
Demand�nse Se s act
SECTION
PAGE
1
Defini ........ D-1
2
ope o..........................................................D-3
3
and quirement..........................................................................D-3
Conerm......................................................................................D-5
Compen......................................................................................D-6
SpecialSe s....................................................................................D-8
Responsibili Unde This Agreement.....................................................D-8
8
ntractor P nnel..................................................................................D-9
9
cles..............................................................................................D-12
10
Ve ty Repairs.........................................................................D-12
11
[Inte Omitted]...............................................................................D-12
12
Materia and Equipment..........................................................................D-12
13
Inventory ....................................................................................................
D-13
14
Maintenance and Operations Facility.......................................................D-13
15
Computer and Technology Requirements................................................D-14
16
Fare Collection..........................................................................................D-14
17
Service Changes.......................................................................................D-14
18
Operation During a Declared Emergency................................................D-15
19
Marketing and Advertising........................................................................D-15
20
Passenger Complaints..............................................................................D-15
21
Project Operation Records and Reports..................................................D-16
22
Inspection of Work....................................................................................D-18
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Project Management and Assessments...................................................D-19
Insurance................................................................................................... D-20
HoldHarmless...........................................................................................D-26
Disclaimer of Liability................................................................................D-26
LaborProtection........................................................................................D-26
Certification Regarding Lobbying.............................................................D-27
Disadvantaged Business Enterprise.........................................................D-27
Compliance with Laws and Permits..........................................................D-28
No Federal Government Obligations........................................................D-28
Disputes....................................................................................................D-28
Assignment...............................................................................................D-29
Subcontracting....................................................................................D-30
Independent Contractor....................................................................D-30
Conflicts of Interest...........................................................................D-31
Debarment/Suspension Status.................................................D-31
ForceMajeure............................................ .......... ..........................D-32
Replacement Services ....................... .................. ......................D-32
Licensing, Permits, and Taxes ...... .......................... .................D-33
Audit and Inspection of Records ................................... .............D-33
Waiver of Terms and Conditio ............... ..................... .........D-34
Cancellation of Contract ............... ...... .......................................D-34
Termination for Convenience.......................................................D-34
Termination by Mutuaeement ....... .............................................D-36
Termination by Defau ............... .........................................D-36
Availability of Funds/Li io ontact....................................D-38
Severability...................... .......... ......................................... D-38
Interpretati %dict
ion V.......................................D-38
Notices ceipt........................................................... D-38
Signa...............................................................................D-39
Section 1
General Information
1.1 Introduction
The City of Lodi is issuing this Request for Proposals (RFP) to select a firm to operate
the City of Lodi's (CITY) Transit System. The CITY is requesting proposals for the Fixed
Route, ADA Paratransit and General Public Dial -A Ride services.
The CITY has prepared a Scope of Work (see Appendix A) and
Appendix D) that define the scope of services, performance
compensation mechanism, insurance requirements, and otherg&tra
The successful proposer will be asked to enter into
years beginning on July 1, 2008 and ending June 30,
two years (to be executed as either one two -ye r
extending the term up to June 30, 2014 to be exerrA
The contract will be based upon a fixec
would be provided at award -of -contract.
Proposer shall provide a clear, concise
the requirements of this RFP. Ea
and shall provide all pertinent in
relating to operational and mainte
management structure and key pe
Section 4 or otherwise resin this F
The City of I
referred to as
Section 2 coniT,
current services
an
Agreement (see
standards, term,
aal issues.
for a term of four
is for an additional
one-year options),
all six years
poser's capability to satisfy
ted in the requested format
iot limited to, information
ence, financial resources,
lrmation as specified in
hereinafter
sections and includes Appendices A through D.
the introduction and purpose, RFP
responsibilities, contact restrictions,
Rfround information, including relevant CITY demographics,
, CITY -provided fleet, and other related information.
Section 3 identifies the procurement schedule and proposal submittal instructions.
Section 4 provides instructions on the required content of the proposals.
Section 5 describes the evaluation process and criteria.
Section 6 identifies the protest procedures.
The appendices contain additional information required for proposal preparation,
including the Scope of Work, Federal Clauses and Other Requirements, Required
Forms, and the Transit Service Agreement.
1.3 CITY's Rights
The CITY's rights include, but are not limited to, the following:
❑ Issuing addenda to the RFP, including extending or revising the time line for
submittals.
❑ Withdrawing, reissuing, or modifying the RFP.
❑ Requesting clarification and/or additional information from any PROPOSER at any
point in the procurement process.
Executing an Agreement with a PROPOSER on the basis of the original proposal
and/or any other information submitted by the PROPOSER during the procurement
process. A6
Rejecting any or all proposals, waiving irregularities i
rejecting all or any part of any proposals, waiving
may be deemed to be in the best interest of the CI70
❑ Proposals will be evaluated as "Best Value"
(FTA) Best Practices Manual and is definedA
"Best Value" is a selection process'l
qualitative components, and award is
qualitative considerations. Qualitatit
design, technical approac of
plan. The award selection
technical and price factors ete
advantageous and.Qfthe great alul
❑ The CITY rr
PROPOSER.
u
roposals, accepting or
�,ments of the RFP, as
it Administration's
Pals contain blWprice and
a combination of price and
ions may include technical
sonnel, and/or management
.ration of a combination of
the offer deemed most
agency."
a selected
Fencing negotiations with a selected
► in the sole judgment of the CITY, and
ified PROPOSER.
and video record any and all live meetings, including
►s, potential and actual PROPOSERs and staff during
RFP process. All recordings shall be deemed confidential
e contract by the City Council with the exception of open
PONSIBILITIES
It is the responsibility of each PROPOSER to:
❑ Examine this RFP, including all enclosures and the attached Agreement thoroughly.
❑ Become familiar with local conditions that may affect cost, permitting, progress,
performance, or services described in this RFP, including inspection of the City's
terrain and streets.
❑ Consider all federal, state and local laws, statutes, ordinances, regulations and other
applicable laws that may affect costs, permitting, progress, performance, or services.
❑ Each PROPOSER shall make a good faith effort to hire employees from the CITY's
incumbent contractor.
❑ Clarify with the CITY any conflicts, errors, or discrepancies in this RFP in accordance
with the deadlines specified herein.
❑ Agree not to collaborate or discuss with other PROPOSERs the content of the
proposal or service fees proposed.
❑ Prior to submitting a proposal, each PROPOSER will, at his/her own expense, make
or obtain any additional examinations, investigations, and studies; and obtain any
additional information and data that may affect costs, permitting, progress,
performance or furnishing of the project and that PROPOSER deems necessary to
determine its proposal.
W
Each PROPOSER shall use mail, fax, email or other
risk, and the CITY shall not be obligated to accept or
is delayed due to delivery failures.
1.5 CONSEQUENCE OF SUBMISSION OF P
The submission of a proposal will constitute
the PROPOSER that the PROPOSER has in,
proposal; that the PROPOSER is aware of t
process, its procedures and requireme
understands the RFP and has complied wit
the proposal is premised upon performing an
required by this RFP andthe ached A
techniques, sequences or proced may
and the Agreement; and that the
convey understanding of all terms an on
project.
The submission
PROPOSER anc
perform services
W
W
0
mechanism at its own
:o any submission that
warranty by
RFP and its
to the RFP
1POSERread and
it; that with exception
services and equipment
such means, methods,
or required by this RFP
nd detail to indicate and
nce and furnishing of the
deemed- an agreement between the
contractual offer by the PROPOSER to
)ecifically, the following provisions apply:
to any proposal submitted nor be bound
CITY obligates the PROPOSER to enter into an
performance of the services chosen by the CITY at
binding or valid against the CITY unless and until it is
the selected PROPOSER, and the PROPOSER's
and/or other surety guarantee have been accepted by
The proposals received shall become the exclusive property of the CITY. At such time
as an Agreement award is recommended to the Lodi City Council, all proposals
submitted in response to this RFP shall become a matter of public record and shall be
regarded as public records, with the exception of those elements in each proposal which
are trade secrets as that term is defined in Government Code 6254.7 and which are so
marked as "TRADE SECRET," "CONFIDENTIAL" or "PROPRIETARY". However,
proposals that indiscriminately identify all or most of the proposal as exempt from
disclosure with justification may be found technically unacceptable. The CITY shall not
in any way be liable or responsible to any PROPOSER or other person for any disclosure
of any such records or portions thereof, whether the disclosure is deemed to be required
by law, by an order of a court, or occurs through inadvertence, mistake, or negligence on
the part of the CITY or its officers, agents or employees.
1.6 COST OF SUBMITTING PROPOSALS
The cost of investigating, preparing, and submitting a proposal is the sole responsibility
of the PROPOSER and shall not be chargeable in any manner to the CITY. The CITY
will not reimburse any PROPOSER for any costs associated with the preparation and
submission of a proposal, including but not limited to, expenses incurred in making an
oral presentation, participating in an interview, or negotiating an Agreement with the
CITY.
Section 2
Background
This section includes background information regarding the proposed procurement of
public transit services. Please note that the data provided is for informational purposes
only. The CITY does not certify the accuracy of the information provided. PROPOSER
should not rely on this section for developing proposals and service costs. PROPOSER
is responsible for an independent assessment of the CITY's needs and of the
PROPOSER's ability to provide services to meet those needs. _
2.1 Demographics and Population Growth
The City of Lodi which constitutes the basic service ai
the San Joaquin Valley in the central portion of the
industries are agriculture, food processing, and son]&
The CITY provides public transit services
areas in northern San Joaquin County. Th.
operates within the Lodi city limits. The Dial -
limits, plus the unincorporated areas of We
Acampo, and the Freeway MobileH me Par
these unincorporated areas is pr nc
CITY and San Joaquin County. Th
A map of the service area is included Ap
rbanized area located in
Lplifornia. The primary
services.
Jaries a ited adjacent
a fixed rou sit service,
area consistslWe Lodi city
Lrbor Mobile Home Park in
of the city limits. Service to
I arrangement between the
proximately 19 square miles.
os the GrapeLine, within the city limits.
f the modal Station and are timed so that all
me time and location. Fixed Route hours are as follows:
0 6:54 p.m.; Saturday and Sunday - 7:45 a.m. to 3:09
A s three (3) Express Routes as part of its fixed route
> R s operate three (3) roundtrips in the mornings and
moons weekdays with the exceptions of holidays.
de Operations
The General Publi -A Ride operates seven days a week and is dispatched out of
the Lodi Station Mul i -modal station at 24 South Sacramento Street. General Public
Dial -A Ride's hours are as follows: Monday thru Friday - 6:15 a.m. to 9:00 p.m.;
Saturday - 7:45 a.m. to 6:00 p.m.; and Sunday - 7:45 a.m. to 6:00 p.m. The service
operates on reservations with same day demand service available at a surcharge during
Fixed Route hours. No surcharge is imposed after fixed route service ends.
❑ ADA Paratransit Operations (VineLine)
In addition to Fixed Route and General Public Dial -A Ride services, the CITY operates
an ADA Paratransit service known as the VineLine. The VineLine service is available to
ADA certified passengers and is a reservations -only service. The CITY oversees and
manages the certification process and once certified, the CITY will provide the
CONTRACTOR with the passenger information to be included in the passenger
database. ADA Paratransit service hours are: Monday thru Friday - 6:16 a.m. to 7:00
p.m., Saturday and Sunday- 7:45 a.m. to 3:15 p.m.
❑ Greyhound Ticket Sales
Besides the CITY transit services, the CITY acts as the Contract Agent with Greyhound
for ticket sales from the Lodi Depot. Under the terms of this agreement, PROPOSER
shall staff the ticket sales counter (may be shared with transit service duties) during
regularly posted lobby hours. CITY shall split all ticket commissions from Greyhound
50/50 with PROPOSER. A6,
2.3 City -Provided Vehicles
The CITY will provide a fleet of accessible fixed -route
is comprised of five (5) 40 -foot NABI buses andone
which are used exclusively for fixed route service
as a training vehicle.
Twenty-six (26) paratransit vehicles are avAl
ADA Paratransit services. In addition, para
Express Route service and off-peak fixed route
may be used on fixed route aessary
maintenance schedules.
During the contract period,
includes replacement
A listing of the curren
vehicles. The fleet
iplain replica trolley
de is also available
Weral Public Ride and
are utilized to'Tprovide the
needed. Paratransit vehicles
service demands and cover
N equipment, which
paratransit coaches.
dule,lpress Route schedule, and brochures
A Paratransit service are attached. In
adules transit services and Riders Guides have
brochure attached as Appendix E.
sfer policy and price of various fare instruments
SECTION 3
SCHEDULE & SUBMITTAL INSTRUCTIONS
3.1 Schedule
The CITY intends to adhere to the schedule provided in Table 1-1 for the procurement of
transit operator services. This schedule may change at the CITY's sole discretion.
i ame i -i
Procurement Schedule
Activity Date
Issue RFP M 7, 2008
Pre -proposal conference/site visits March 18, 2008 (10 a.m.)
Questions/clarifications submission deadline rch 21, 2008 (3 p.m.)
City response to questions/clarifideadline Lcation7,2008
Proposal submission deadline Ap2008 (11 a.m.)
Interviews April 21-22, 2008
Presentation of staff recommendation toMay 7,
Council
Agreement award e,&ay 7, 2008
Service initiationlv 1.2008
3.2 Proposal Submission t%shh, X
Sealed proposals must be received by the Transit Manager's Office at the address
below, no later than 11 a.m., Wednesday, April 9, 2008.
u
One (1) original and seven (7) copies of proposal must be received by the CITY no later
than 11 a.m., April 9, 2008. Proposals must be sealed and marked "Request for
ProposalsNrecaft
outf ratransit and Demand Response Operations Contract".
Proposalsspecified date and time shall be considered late and shall
not be con
3.3 Proposal Content
All proposals must include the following:
❑ Cover letter not to exceed four pages that provides the following information:
a. Name, address, aid telephone and fax number of applicant and key
contact person.
b. Description of type of organization (e.g., corporation, partnership,
including joint venture teams and subcontractors) submitting proposal.
C. Name of entity that would sign an Agreement if one is negotiated for this
project.
d. A written statement warranting that the requirements of the project as
described in this RFP, its enclosures, and all addenda, by listing all
addenda and dates received hereto, have been reviewed and the
PROPOSER has conducted all necessary due diligence to confirm
material facts upon which the proposal is based.
e. A written statement acknowledging validity of the proposal contents,
costs, and services fees for a period of 180 days after the submission
deadline.
f. References from no less than five agencies for which the PROPOSER
provides similar services as requested by the CITY.
An officer or agent of the PROPOSER who is
company to the proposal must sign the cove
Executive summary (not to exceed five pages) th
PROPOSER's qualifications and proposal, includii
implementation plan and schedule. All info
r
manner.
Responses to all required elements
responses shall be organized in identifi
RFP, so that all requested information can
Completion and inclusion o
PROPOSER shall complete, s
Any proposal that does not c
responsive and will be excluded
Any pr(
subject
3.4 1IF
A pre-prq
Council C
writing, as
the extent
uthorized to bind the
the major elements of
tion of the proposed
tion
in a concise
proposal
4 of this
(as listed in Appendix C).
aired forms in their proposal.
krns shall be deemed non -
Pi 'to PROPOSER's qualifications or
the sub Mal as an appendix.
described in this Section 3.3 is
and eliminated from further
ie held on March 18, 2008 at 10 a.m. in the Lodi City
Pine Street, Lodi, California. Questions received in
;tions brought up at the conference, will be answered, to
Questions of conseiTuence will be recorded at the conference, and questions and
answers will be mailed to all parties that have received an RFP. Any changes,
interpretations, or clarifications considered necessary by the CITY in response to
PROPOSER questions will be issued in writing as addenda and mailed or delivered to all
parties that have attended the pre -proposal conference. Only answers issued in writing
by CITY will be binding on the CITY. Oral and other interpretations or clarifications
including those provided at the pre -proposal conference will be without legal effect.
3.5 Written Questions
PROPOSER must submit written questions and requests for clarification or additional
information regarding the meaning or intent of the RFP content, its process and
enclosures by 3 p.m. on March 21, 2008 to:
City of Lodi Public Works Department
Attn: Tiffani M. Fink, Transportation Manager
P.O. Box 3006 (221 West Pine Street)
Lodi, CA 95241-1910 (95240)
Fax: (209) 333-6710
Email address: tfink@lodi.gov
A&
The CITY will not respond to questions received after 3 p.m., March 21, 2008. The CITY
will respond to PROPOSER's questions in writing no later than 5 p.m., March 27, 2008.
All communications between the CITY and the individual proposers will be documented
and transmitted simultaneously to all proposers.
3.6 ClarificatioNlnterviews
PROPOSER may be asked to clarify propos
The clarification period will begin when the
be required and shall be prepared to attend
The proposed General Manager and Safety an
answer questions at the interview may be
choose, at its sole option, not to i II p
reject any or all proposals submitte r
the best PROPOSER without any inte ws.
The interview, if
requested, the PI
Information subm
informatia�
are
it 21 and 22, 2008. If an interview is
e specific time and place.
RNPJJJftgjL1WI be subject to verification. Inaccurate
misfelWg will be, at the CITY's sole discretion,
from further consideration. Should the company be
It of this RFP, inaccurate or misleading information as
LTY's sole discretion, grounds for default.
through w
or interviews.
fitted. P
SER may
the Selectio
t
ommittee.
nager must
be available to
J individually.
The CITY may
ROPOSERS.
The CITY may
kn, award the Agreement to
it 21 and 22, 2008. If an interview is
e specific time and place.
RNPJJJftgjL1WI be subject to verification. Inaccurate
misfelWg will be, at the CITY's sole discretion,
from further consideration. Should the company be
It of this RFP, inaccurate or misleading information as
LTY's sole discretion, grounds for default.
Section 4
Proposal Requirements
4.1 Performance Requirement
The Contractor will be required, at all times during the terms of the Agreement, to
perform all services diligently, carefully, and in a professional manner; and to furnish all
labor, supervision, machinery, equipment, material, and supplies necessary therefore
(other than equipment supplied by the CITY), as required under the Agreement. Any
proposal submitted must be for the operation and upkeep (exterior and interior cleaning)
of all revenue vehicles plus spares and all other labor, equipment, insurance, supplies,
storage and facilities required to operate services under theA ent. The Contractor
shall conduct all work in the Contractor's own name and a ndependent contractor
(as provided in Section 2.12), and not in the name of, or a gent for the CITY.
4.2 Content of Technical Proposals
The following items must be included inrOPOSER'sXprIor it to be
considered complete and responsive. _
❑ Documentation of Firm Background
PROPOSER, or its management sh
experience in providing fixed rou
coaches with lengths of 35 feet or I r
must include a minimum of three sep e
and scope and in an op nviron
Attach a brief n e desc 'on of
operating both fi ute, gen public C
size and scope an en ' imi
is best qua ' to p se
pages.
all haveinimum of five (5) years recent
ratransi ices with a minimum of 5
aratr vehicles. This experience
an u ransit systems of a size
Lodi.
r firm's background and experience in
-Ride and ADA paratransit services of a
a the City of Lodi. Explain why your firm
narrative should be limited to five (5)
Aftconcise bu ple rrative describing the background and experience of
each ber of you oposBWanagement team with respect to the following
Position Regional M er, 2 General Manager, 3) Safety and Training Manager,
3) Custo ervice Man r, and 4) Lead Dispatchers and Road Supervisors (attach a
1 or 2 -page me for h person). PROPOSER shall include two organizational
charts. The h all illustrate the firm's staffing structure, including shared
duties/titles and th nd chart shall illustrate the names, reporting structure, brief job
description, and nu er of years with PROPOSER's firm for each member of the
proposed project team. A table shall also be included noting how many fulltime
equivalents (FTEs) will be assigned to each title/job specification. Please clearly identify
any positions intended to be filled by a person serving in two or more capacities.
❑ Project Approach and Methodology
Describe your firm's approach, capacity, and management philosophy towards transit
system operations.
❑ Proposed Number of Vehicles Required
PROPOSER shall specify in the proposals how many vehicles they will require to
operate the specified levels of service. System operations will be funded by fares,
Transportation Development Act (TDA), and Federal Transit Administration funds
allocated to CITY. As such, the entire operation shall be subject to applicable rules and
regulations of all levels of government.
❑ Proposed Driver Training Plan
Each PROPOSER shall outline a comprehensive Driver Training Plan that meets State
and Federal requirements and is suitable for fixed -route and ratransit services. All
drivers shall possess a California Class R or higher, licens orsed for operation of
fixed -route and paratransit-type vehicles. Dial -A Ride s shall possess or be
capable of possessing a General Public Paratransit Veh' se.
Submit a description of hiring and formal
employees. This description should satisfy ful
Scope of Work, Minimum Driver Requirerng
experience relevant to Agreement.
❑ Proposed Safety, Security and Risk M
PROPOSER shall submit a de
implemented to encourage safety
description of any driver training p
❑ Proposed
PROPOSER sh
technology, and
and quality control.
PR SER shall s�
deplo t of road sup
assigne%oad super\handling emerge
❑ Proposed
it a
s of the
i e o
rove for
itorin
1 of Dr ed
'rogramsMWdrivers and other
imum requnWnts described in
,ify training pellftpel and their
safety programs that will be
leintenance areas. Include a
Program
performance monitoring measures,
upkeep (exterior and interior cleaning)
aality control program.
n/Emergen-Ey Handling Program & Procedures
cription of the formal procedures and plan for
MjWonnel. Describe any other functions, which will be
Submit a description of practices used by employees in
that occur in the course of operations.
and Dispatch Plan
PROPOSER shall sTibmit a comprehensive system reservations and dispatch plan
proposal for evaluation and approval by the CITY. Indicate staffing and provide sample
forms used in other contract services your firm operates, pursuant to the requirements of
the Scope of Work. Describe the relationship between these staff and those performing
work in handling the scheduling, dispatching, and telephone communications.
❑ Proposed Computer Aided Dispatch System -Minimal Requirements
PROPOSER shall submit the specifications for an automated scheduling system to
develop, deploy and support customer information solutions for paratransit and fixed
route services. The Computer Aided Dispatch System shall include:
oo Real Time, Fixed Route On -Time Performance tracking and monitoring, with
ability to drill down into non-compliant occurrences (profiling call data)
oo Real Time, Paratransit On -Time Performance tracking and monitoring, with ability
to drill down into non-compliant occurrences (profiling call data)
oo Automated monitor and advisement of "late trips", with ability to drill down into
non-compliant occurrences (profiling call data)
oo Monitor and alert of passenger/trips that meet certain criteria
oo Real Time ETA Updates for high volume pickup points (similar to airport flight
advisement or BART station)
oo Automated printing of No Call/No Show letters to consumers advising of their
status
Automated proactive calling of passengers for "next
cancel the trip at the time of the call
Ability to have fixed -route passengers call
update of route and ETA
Ability to have paratransit passengers call
update of estimated ETA
Reporting (in addition to current)
o On -Time by Hour
o On -Time by Operator
o On -Time by daily pullouts and ro
o On -Time Return to Y d Report
o On -Time Performa ption
❑ Vehicle Locating and Tracking
PROPOSER shall
offers vehicle locati
should be capablgd
Offering
reporting
with option to
line for real-time status
for real-time status
ition system (GPS) that
. The proposed system
system to provide real time updates to
software to identify exact location of the vehicles at any
accessible to the CITY at any
,nes of arrival and on -map locations to contractor staff, the
through on-site kiosks (provided by the CITY)
❑ Proposed Telephone System — Minimal Requirements
performance
The CITY shall provide all phone lines needed for the reservations and dispatch
functions of the Proposal. The PROPOSER shall provide a business telephone system
that meets the following requirements:
Proposed telephone monitoring system shall be capable of electronically recording all
incoming and outgoing telephone calls from or to service's telephone reservation lines.
Store said recordings for a minimum of 30 days and make recordings available, via
exportable files, to the CITY within five business days of the request.
In addition, PROPOSER shall provide a direct line for contact by CITY and other
personnel. In addition, the General Manager shall have a private line available to the
CITY with a mailbox capable of recording voicemail.
The CITY may also conduct surveys of customers as a basis to determine the adequacy
of the Contractor's reservations calls capacity.
❑ Proposed Vehicle Maintenance (exterior and interior cleaning)
Each PROPOSER shall provide a detailed description
and maintain the equipment used to provide the stipub
include inspection schedules, staffing approach, clea
Explain how CITY -scheduled maintenance labor will
with routine delivery of daily scheduled transit s
of
change -out procedures. Describe any pro exceptions
referenced above.
Proposed Vehicle Fueling
Each PROPOSER shall provide a
fluids and fuel the equipment used
Operations Facility
The CITY shall pro%
the contract. The
comprised of thr
reception and tick
Monday thru Friday
diwatchW91111111hoL,
to adequately clean
s. The plan should
hing schedules, etc.
o as to not interfere
kd call and vehicle
e requirements
its plan to adequately check the
0 services.
'ons fa use by�ROPOSER for the duration of
ty is to d at 24 South Sacramento Street and is
main bu g includes the General Manager's office,
Jobb all be open to the public and staffed
The north building shall be used for
iccommo the Safety and Training Manager, as well
ning. The classroom space is accessible through a
clocktower building houses the employee breakroom,
odi Police Department officers on the Downtown
shred space with access granted to employees of
y Transit and the San Joaquin Regional Transit District
!e buildings include restroom facilities.
and Benefits Package
Each PROPOSER shall submit a copy of their specific employee work rules and
personnel policies to include, but not limited to, sexual harassment, discrimination,
violence in the workplace, ADA, discipline, employee evaluations, training and
development of employees. Additionally, each PROPOSER shall provide specifics
regarding the benefit package provided to all proposed employees, including any and all
eligibility requirements. This discussion should also include any incentive, motivational
or awards program offered by the PROPOSER.
❑ Proposed Job Classifications, Wage Scales, and Benefits Package
Each PROPOSER shall submit a detailed breakdown of staffing, including job
descriptions and wage scales/salaries and benefits package. Include narrative if
appropriate. (See Appendix C, Forms E-1, E-2.)
❑ Implementation Plan
The PROPOSER shall include a detailed Implementation Plan. This plan shall address,
at a minimum, the activities and procedures that will be followed to ensure the smooth
start-up of the service to be operated by the PROPOSER, including, if necessary,
transition from the current operator. The plan should also d ment recruitment and
training schedules, start-up plan, and acquisition of nec equipment, permits,
licenses and any other activities necessary to impleme ccessfuI transit service
program.
❑ Safety Record
PROPOSER shall submit a detailed break
similar size and operating environment to t
accident frequency rate (number of preventa
three years. When calculating the accident fre
the following National Transit Datal�W definition
"NTD defines single event of
security events that involves
or equal to $7,500.;._
A "preventable acci
as "preventable" W
I
Certifications,
9•
h.
i.
J.
k.
I.
m
n.
safety reco terminals of
ROPOSERinclude the
50,000 mile r the past
the PROPOSER will employ
ent "
as incidents for safety and
Vty damages greater than
ng the definition above) that is determined
Debarment, Suspension, and other Responsibility
NIte rating Budget
els and Wages/Salaries (Fixed Route, Dart, Paratransit)
Ad Receipt
Non -Collusion Affidavit for Contractor
Certification of Eligibility (Labor Standards)
Certification of Primary Participant Regarding Responsibility Matters
Certification DBE Program/Equal Employment Opportunity
PROPOSER's Bond
RFP Process Integrity Rules
Willingness to Accept Proposal Arrangements
Certification Regarding Alcohol Misuse and Prohibited Drug Use
4.3 Content of Price Detail in the Proposal
The following items must be included in the PROPOSER's proposal for it to be
considered complete and responsive.
❑ Price Proposal (Appendix C, Forms C-1, C-2)
The PROPOSER shall provide price proposals (using Forms C-1 and G2) based upon
PROPOSER's fixed monthly fee plus cost per revenue vehicle hour and the proposed
annual total operating cost for the entire service. The PROPOSER shall provide a base
cost that assumes the CITY will provide the liability insurance as outlined in Section 4.4
with the PROPOSER to pay 50% of the annual premium.
❑ Line Item Operating Budget (Appendix C, Forms D-1,
The PROPOSER shall provide an operating budget (using Forms D-1 and D-2)
identifying estimated operating costs. Items shall include personnel, executive,
administrative and other costs. The PROPOSER shall consider that the CITY will
provide all vehicles, vehicle storage, fuel and maintenance.
4.4 Insurance
PROPOSER shall provide at its
insurance with insurance comps
evidence of such insurance to CI
The policies or certificates thereo
or material change in the policy,
CITY by registered ^Mail,repolicies. All SelfInevidence of sufficie
1. Worker
California, plus empl
-ene
$2, 0 for bo
corn single limit.
followi verages an
operation oad form
products an pletec
C�
own expense ain at all times the following
ni ensed in th to of California and shall provide
be requ y the Risk Manager of CITY.
f s p hat thi ) days prior to cancellation
noti of sa II be to the Risk Manager of
ceipt es th following stated insurance
n (SIR is sha disclosed to CITY along with
with a mum of three times the SIR level.
Ln co ance with the statutes of the State of
of liability of $1,000,000.
N
e with a minimum limit of liability per occurrence of
$2,000,000 for property damage or $2,000,000 ce shall indicate on the certificate of insurance the
a policy aggregate limit applying to: premises and
actual; independent contractors and subcontractors; and
ations.
3. AutoM19j1jWiIj!y insurance premiums shall be split 50/50 with the CITY to
cover the insurance sts for transit. Additionally, an accident which is found to be the
fault of the driver due to, but not inclusive of, driver negligence or improper training shall
be the responsibility of the CONTRACTOR.
4. Employee Dishonesty insurance with a minimum limit of liability per
occurrence of $50,000. This coverage to insure all officials, agents and employees with
access to funds received by CONTRACTOR.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or
substance, or if a company issuing such policy shall be unsatisfactory to CITY,
PROPOSER shall promptly obtain a new policy, submit the same to the Risk Manager
for approval, and submit certificate thereof as hereinabove provided. Upon failure of
PROPOSER to furnish, deliver or maintain such insurance and certificates as above
provided, this Agreement, at the election of CITY, may be forthwith declared suspended,
or terminated. Failure of PROPOSER to obtain and/or maintain any required insurance
shall not relieve PROPOSER from any liability under this Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the obligations of
PROPOSER concerning indemnification. CITY, its agents, officers, employees, and
volunteers shall be named as an additional insured on all insurance policies required
herein, except Worker's Compensation. The Workers' Compensation insurer shall agree
to waive all rights of subrogation against CITY, its agents, officers, employees, and
volunteers for losses arising from work performed by PROPOSER for CITY.
PROPOSER'S insurance policy(ies) shall include a provision that the coverage is
primarily as respects CITY; shall include no special limitation &coverage provided to
additional insured; shall be placed with insurer(s) with ac
ce Best's rating of A:VII
or with approval of the Risk Manager. PROPOSER shall require subcontractor to
procure and to maintain during the term of the subcon urance in the amounts
specified above, or shall insure the activities of sub act o the policy specified
above. The limits of liability required may va #ending on type of permit or
contract. ��
0
agents, officers, employees,
defend and indemnify them
and damages from
person or property
reasonable attorneyJa
indirectly out of any
act orarises
PROP o aae
or d he pe ance
❑ Reimburseme Oper se
while,
service.
4.5 Audi inancial
All PROPOS h
audited cash flo
4.6 Proposal Bond
ess. PR OSER shall CITY, its
olun , harmless fro and save,
3i d all claims, losses, liabilities
cause, i ing but not limited to injury to
ful dea ith the indemnity to include
costs xpenses, arising directly or
omi PR ER, whether or not the
m li ence or other liability of
rs, emp ees, or volunteers relating to
obligations under this Agreement.
be obli llWo reimburse
suit four the negligence
LITY vehicles, whether
Flow Statement
the CITY for the cost of all
of PROPOSER's employees
in revenue or non -revenue
►mit an audited financial statement and a United States
for the two most recent years of operation.
At the time a proposal is submitted in response to this RFP, each PROPOSER must
submit a proposal bond, certified check or cashier's check, or other negotiable
instrument as assurance the PROPOSER will, if the proposal is accepted, execute such
contractual documents as may be required within the specified. The proposal bond shall
be in the amount of $25,000. (See Appendix C, Form K — Proposer's Bond.)
4.7 Performance Bond
The selected Contractor will be required to procure, at its expense, and keep in effect at
all times during the term of the Agreement, a surety bond equivalent to 10% of the
annual Agreement amount or the full amount of any Self Insurance Retention proposed
whichever is greater, excluding capital cost, in favor of the CITY and executed by a
corporate surety authorized to conduct business as a surety in the State of California.
Each PROPOSER shall include in its proposal a letter from an admitted surety insurer
stating PROPOSER's ability to be bonded. See Appendix D — Agreement for the
Provision of Fixed Route and Paratransit Services, for further details regarding the
Performance Bond.
4.8
Sul
the
Apl
Apl
An)
to
rev
itract with
of Work,
orms, and
Services).
not agree
proposed
Section 5
Evaluation and Selection
5.1 Evaluation and Selection Process
Proposals submitted in response to this RFP will be evaluated in accordance with the
criteria set forth in Section 5.2 below. The Evaluation Committee shall score the
proposals and make a recommendation to the Transportation Manager as to which
PROPOSERS are within the competitive range. The Transportation Manager will notify
PROPOSERS in writing whether or not they are in the competitive range.
❑ Interviews
Interviews will be held by the Transportation Manager an r representatives with all
PROPOSERS determined to be in the competitive ran Manager
and/or her representatives shall have the right to con a co . e analysis, to review
and audit all business records and related doc kpts of any all PROPOSERS
(including any affiliate or parent company, part Lin
int venture m er) to determine
the fairness and reasonableness of the prop ntact any and a t references,
and to conduct site visits and investigati nervi and prese may be
required. At the conclusion of this process, Committee wi prepare its
recommendation for Agreement award.
❑ City Council Makes Final Det*ftjj2n
After the review and scoring, the TrE
Committee's recommen for Ag
and consideration of
1) award the Agre to
the CITY, price other
considered, or 2) any
recommendation of t alr
i orta age�ll submit the Evaluations
r en a ity Council. After review
ati ity Co shall have the discretion to:
PO whose proposal is most advantageous to
)n fa specified in Section 5.2 of this RFP
Zopos The City Council is not bound by the
Notwit ing ova CITY reserves the right to make the award under this
RFP d upon the'qWI pals submitted.
5.2 Evaluation Criteria
The following items constitute the evaluation criteria (and their respective weights),
which the CITY will use in evaluating proposals submitted in response to this RFP.
Evaluation
Weight
Criterion
Score
Total Weighted
Criteria
Scoring
Score
Management,
4
0-100
Technical
Competence
Operations
3
0-100
Capability and
Quality of Plans
and Submittals
Safety
3
0-100
Cost
2
0
Financial Viability
2
0 —
❑ Management and Technical
The PROPOSER will bnk%)
ted on ality technical resources and
personnel to assuref tment s ices. This factor will include
review and evalu seagement team, any record of the team
working together rheSER's approach to management of the
services, and the oncepts for enhancing service quality,
productivity and perfo
❑ 0gjj§6nsZWZlityWQuality of Plans and Submittals
The POSER will b alua the demonstrated capability and performance with
Sir cts, Includin a PR OSER's record for on
performance, its safety
record an overall abili o meet the CITY'S performance requirements. This factor
will include of clie ferences and past performance.
The PROPOSEo be evaluated on the quality of the PROPOSER's programs
and plans for mainfWnce, staffing, training, safety, employee incentives, start-up, and
the sufficiency of submittals required under the RFP. This factor will include an
assessment, based on the submitted programs and plans, of the PROPOSER's ability to
enhance service quality, safety, reliability; to promote stability in the workforce; and to
provide employee incentive programs for quality and safety of service.
❑ Safety
The PROPOSER will be evaluated on their safety record including the Accident
Frequency Ratio (AFR) as determined by utilizing the industry standard National Transit
Database reporting threshold for a preventable accident.
❑ Cost
The PROPOSER will be evaluated on the total cost of services and cost per vehicle
hour, including an evaluation of the component elements, which make up the total price.
❑ Financial Viability
The PROPOSER will be evaluated on the financial strength and capacity of the
PROPOSER, as reflected in its certified financial statement, its assets, liabilities, net
worth and its credit references. This factor will include an assessment of the risk of the
PROPOSER being unable to fulfill the requirements of the Agreement due to
bankruptcy, insolvency or other adverse financial conditions. A,
5.3
Un;
suc
mt to the
Section 6
PROTEST PROCEDURES
6.1 Definitions
The following terms as may be used in this section are defined below:
a. "Proposal" refers to an offer or proposal as used in the context of this
Request for Proposal.
b. "Day" refers to working day of the CITY, as appropriate.
"Date of Notification of Award"
places in the U.S. Mail an
PROPOSERS which bidding t
was awarded the Agreement.
"Interested Party" means arl
direct economic interest would
by failure to award Agreement.
materials and C
FAX) to the Tra
95241-19
April 9
r date that the CITY
ng each submitting
iershio or individual
materials.
ER whose
reement or
4!m. Pr is regarding any aspect of the attached
res mu a submitted in writing (via mail, email, or
0 006 (221 West Pine Street), Lodi, CA,
c to , (FAX: 209-333-6710), by 10 a.m. PDT,
Manager will respond to these protests by April 16,
FP, by express mail, email and/or FAX. This action
ILative protest remedy at the CITY level.
regarding the
CITY's pro d seIe of PROPOSER after proposal opening and award
announcemen :Ste
submitted in writing (via mail, email or FAX) to the
Transportation M O. Box 3006 (221 West Pine Street), Lodi, CA 95241-1910
(95240), (EMAIL: t@-lodi.gov), (FAX: 209-333-6710), by 3:00 p.m. PDT, May 14,
2008. The Transportation Manager will respond to these protests by 5:00 p.m. PDT on
June 4, 2008 by email and/or FAX. This action completes the opening/award
announcement administrative protest remedy at the CITY level.
Under certain limited circumstances, and after the protester has exhausted all
administrative protest remedies made available to him at the CITY level, an interested
party may protest to the Federal Transit Administration (FTA) the award of a contract
pursuant to an FTA grant. The deadline for submitting protests to FTA prior to proposal
opening is 12:00 p.m. PDT, April 18, 2008. The deadline for submitting protests to FTA
after opening/announcement of award is 12:00 p.m. PDT, June 2, 2008.
FTA's review of any protest will be limited to:
(1) Violations of Federal law or regulations. Violations of State or local law shall be
under the jurisdiction of State or local authorities.
(2) Violation of CITY's protest procedures or CITY's failure to review a complaint or
rp otest.
The protest filed with FTA shall:
(1) Include the name and address of the protester.
(2) Identify CITY (ID # 9092) as the party responsible for the RFP process.
(3) Contain a statement of the grounds for protest and any su Ong documentation.
(The grounds for protest filed with FTA must be fully sup to the extent feasible.
Additional materials in support of an initial protest will a considered if
authorized by the FTA regulations.)
(4) Include a copy of the protest filed with CITY, and y of decision, if any.
(5) Indicate the ruling or relief desired from FTA.
Such protests should be sent to:
FTA Region IX
202 Missio Street, Suit
San Fra A 94105
A copy of such protests should also
n Manager for the CITY.
Appendix A
SCOPE OF WORK
A. GENERAL
1. Service Provided. Schedules/response times shall be as defined in this
Scope of Work. CONTRACTOR shall provide an annual total of approximately 60,000
vehicle hours of service. CONTRACTOR shall provide sufficient supervisory and
dispatching personnel to adequately handle all services toermined
faction of the CITY.
CITY shall provide fuel for all City -provided vehicles at Municipal Service
Center, 1331 South Ham Lane, Lodi, or other location(s) by CITY.
2. Passenger Fares. The fare
schedules and are subject to change as d
collect all farebox receipts in secure fare b
instruments as required by CITY to be sold
amount of receipts, and deposit into a desid
backup paperwork to CITY's Finance Depart
3. DBE/EEO. CONTI
compliance with the Disadvantage
Opportunity (EEO) requirements as
retraining,
supervisory
and State D
agencies.
empli
of i
Fed,
more
6.
work with the
other fare instru
attached fare
;ACTOR shall
ues from fare
Lit and record
Sound forward
affidavit certifying
Equal Employment
n4JJJh&hffl provide ongoing training,
ierato maintenance personnel and
n agency requirements, e.g., Federal
a Highway Patrol and other applicable
Te --MW CONTRACTOR shall provide pre-
ile suspicion, and random drug and alcohol testing
positions, pursuant to the requirements of the
and/or the California Highway Patrol, as described
nts (tickets, passes and transfers). CONTRACTOR shall
. op a fare instrument program and will accept transfers and
other transit systems as directed by CITY.
7. CONTRACTOR shall offer telephone information whenever a vehicle is in
service. CONTRACTOR shall arrange work shifts which efficiently reflect the volume
of telephone calls and provide sufficient staffing to the satisfaction of the CITY.
CONTRACTOR shall provide a "Positive Contact Number" (PCN) where a live manager
may be reached twenty-four hours a day, seven days a week.
CONTRACTOR shall develop, implement and maintain a daily schedule of labor
resources to handle passenger information telephone calls and trip scheduling. This
schedule shall identify work assignments, specify non -telephone work assigned
concurrently, and work shift times.
8. Dispatching. CONTRACTOR shall utilize a systematic method to schedule
vehicles and transport passengers using CITY vehicles. The method should be
capable of accommodating both fixed -route, and advanced and same day
reservations for paratransit services and demand responsive services, and of
integrating all demands for service into efficient vehicle tours, which maximize
productivity and assure service quality to the levels prescribed in Agreement.
Automated scheduling techniques are required.
CONTRACTOR shall provide an adequate number of persons to staff the vehicle
dispatch and passenger scheduling functions. These persons shall be responsible for
maintaining communication with all vehicles in service and for maintaining the daily
dispatch log to be developed and used by CONTRACTOR. Scheduling and dispatching
personnel shall be trained in professional techniques, radio protocol, and in cooperative
approaches with drivers and passengers. CITY shall provide CONTRACTOR with
appropriate radio communication equipment.
9. Control and Distribution of Fi)
maintain strict control of all transfers. The nu
shall be documented and drivers shall returr
being used in revenue service or issued 4
Whenever drivers are not in their assigned r(
from vehicle and maintain the transfers in a si
10. Contact of CITY
the right to make contact with
and dispatch functions, as ne
service, or operating or irrI�i
11. B
with Greyhound
CONTRACTOR
duties) during re
Greyhoug�
and fueling A
Maintenance of
Transfers.
1 type of tran
-s at end of shi .
sha,I&e kept in
ebiIIIIIIIIIIIIIRhev shall
RACTOR shall
sued to drivers
transfers not
re place.
m e transfers
ITY personnel shall have
ar than the management
.-rsonnel are in revenue
ipment.
the CITY acts as the Contract Agent
pot. Under the terms of this agreement,
ter (may be shared with transit service
�Y shall split all ticket commissions from
vide'Whicies. CITY shall provide CONTRACTOR with a
nd paratransit vehicles for the performance of Agreement.
es include, but are not limited to, operating, checking fluids,
accordance with Agreement and this Scope of Work.
icles shall be by CITY.
2. Warranties. CITY shall be responsible for maintaining all CITY -provided
equipment including warranties. CONTRACTOR shall be liable for the cost of repairing
or replacing any physical or mechanical damage caused by CONTRACTOR negligence
and not caused by CITY.
3. Loss of Useful Life. CONTRACTOR shall be liable for the cost of
replacing any equipment damaged beyond use as a result of CONTRACTOR's
negligence (e.g. tires which cannot be recapped due to damage from improper use).
4. Availability. CITY shall store all equipment at its Multi -modal Transit
Station, 24 South Sacramento Street, Lodi and/or other locations as determined by
CITY, and CONTRACTOR shall be allowed to access equipment for service as
determined by CITY. CITY shall make equipment available to CONTRACTOR no later
than ten (10) weekdays prior to commencement of first day of revenue service.
5. Return of Equipment. CONTRACTOR shall return all equipment to CITY
at 24 South Sacramento Street, Lodi, at the termination of Agreement in the same
condition as accepted, allowing for ordinary wear and tear. Ordinary wear and tear shall
be interpreted according to the equipment's use. CONTRACTOR shall be liable for the
cost of repairing or replacing any physical or mechanical damage, and related expenses,
caused by CONTRACTOR negligence and not caused by CITY.
6. Inventory. CITY and CON
inventory of all CITY -provided equipmer
conducted at the commencement and terrr
be responsible for returning the vehicles wii
and supplies (all less ordinary wear and tea
it written
shall be
'OR shall
quipment
7. Alterations. CONTRACTOR shal ave the righ stall equipment
or make any minor or major alterations to ITY-owned equip without prior
written consent of both the Transportation ager and eet and Fac Manager.
CONTRACTOR shall not post any notices, nce or other mate s in or on
equipment unless approved by CITY.
8. Use. No CITY -provided equipment shall be operated beyond the limits
established in the applicable policies of insurance as hereinafter set forth, and may only
by used for the transportation of passengers as provided in Agreement or in services
approved beforehand by CITY. CONTRACTOR agrees to use equipment in a careful
and proper manner and to comply with all federal, state, local, or other governmental
laws, regulations, requirements and rules with respect to the use, maintenance and
operation of the vehicles subject to Agreement. CONTRACTOR shall not use
equipment in any unlawful trade or for any unlawful purpose whatsoever, or in violation
of Agreement. The CONTRACTOR may not use CITY provided equipment to train
persons who are not working on services under this Agreement.
9. Liens. CITY shall not suffer, create or permit to be imposed upon the
vehicles any lien or encumbrance which may interfere with CONTRACTOR's intended
use of the vehicles.
Neither CO CTOR ny of its agents shall suffer, create or permit to be imposed
upon the vehi any or encumbrance whatsoever, and shall return equipment to
CITY free of an aims or encumbrances resulting from its use of equipment.
CONTRACTOR ag to notify any third party furnishing services, supplies or other
necessaries to CONTRACTOR that neither CONTRACTOR nor any of its agents has the
right to incur, create or permit to be imposed on the vehicles any lien whatsoever.
10. Permits, Charges, Taxes. CONTRACTOR shall be responsible for
securing and maintaining licenses, permits and authorizations necessary for the
intended operation, other than the basic licensing of the vehicles or other items
specifically the responsibility of CITY.
11. Repossession. In the event of termination of Agreement, CITY shall have
the right to take immediate possession of all CITY -provided equipment, vehicles and
other assets; and CONTRACTOR shall reimburse CITY all expenses, including
attorney's fees, incurred by CITY in effecting such repossession.
In the event a suit or action is instituted by CITY, or those claiming by, through or under
it, to recover possession of the any CITY equipment, vehicles, or other assets, to collect
damage or to enforce any right possessed by CITY under the terms thereof,
CONTRACTOR agrees and promises to pay such additional sum as the court may
adjudge reasonable as attorney's fees in said suit or action.
12. Other Equipment. CONTRACTOR is responsible for providing all
equipment, including service charges if applicable, needed to complete performance
of the Agreement, which are not otherwise provided by CITY,
13. Physical damage to the exterior or interior such as tears in the seats,
interior body panel cracks or cracked lamp lenses, shall be reported by the
CONTRACTOR to the CITY, by either email and/or phone immediately and no later than
9am the next calendar day.
C. MAINTENANCE AND MAINTENANC ILITIES
'A,, X
1. General. CITY shall be responsible for maintenance facilities and
maintenance of all CITY -provided equipment not specifically assigned to
CONTRACTOR by CITY to be maintained, with the exception of the interior and exterior
cleanliness of all fixed -route and paratransit vehicles. CONTRACTOR shall use due
diligence maintaining the cleanliness of all equipment. CONTRACTOR is responsible
for general housekeeping and security of equipment when in CONTRACTOR's
possession. CONTRACTOR is financially responsible for correcting any damage and
paying for related expenses caused by the negligent maintenance of equipment or
vehicles by CONTRACTOR's personnel. CITY shall be responsible for making repair or
replacement.
Agreement.
it. Tshall have the right to inspect, at any
OR shall correct any problems, within
"4notification by CITY, if the problem can be corrected
is not correctable within 24 hours, then arrangements
d within said period. CONTRACTOR is responsible
maintenance safety violations for correction.
)NTRACTOR fails to correct a problem after receiving
;e, at its discretion, corrections and shall charge the
ACTOR for these corrections. CITY may deduct these
or that may become due to CONTRACTOR under
CONTRACTOR will use due diligence to maintain CITY's vehicles in a clean, orderly,
and safe manner and in accordance with CITY standards. CITY shall have the right to
inspect at any and all times CITY -provided equipment to verify CONTRACTOR
compliance with the foregoing. This provision shall also apply to any equipment,
including leased equipment, used by CONTRACTOR for backup service.
4. Safety Inspections. CITY may request that the Motor Carrier Unit of the
California Highway Patrol (CHP) annually prepare and submit to CITY a Safety
Compliance Report (CHP -343). CONTRACTOR must attain satisfactory rating in the
driver records category of the Safety Compliance Report. CONTRACTOR must
expeditiously correct any deficiencies noted on California Highway Patrol's report.
5. Interior & Exterior Cleaning and Maintenance. CONTRACTOR shall
maintain the exterior and interior cleanliness of all vehicles to the highest standards at all
times. CONTRACTOR shall supply all materials and supplies for this purpose. CITY
shall approve all cleaning materials or supplies prior to their use. All gum, litter,
newspapers, graffiti or other foreign materials shall be removed in a professional manner
and immediately upon their discovery. Physical damage to the exterior or interior not
correctable with diligent cleaning methods, such as tears in the seats, interior body panel
cracks or cracked lamp lenses, shall be reported by CONTRACTOR to CITY at the time
of observance. AL,
6. Daily Servicing. All vehicles that have been in
following items performed on a nightly basis:
Floor Cleaning. Using
each vehicle starting in
trash from step wells inj
Interior Vacuuming.
vacuum hose through
rear, collect ALash,
floor. Parti
driver's comp
heavy articles
discaEcied in a
ce shall have the
plete interior of
e front. Sweep
e, activate alb carry the
e vehicle, and starting in the
d other debris off the seats and
be given to vacuuming the
n dash areas. Any large or
A i stic garbage bags and
ct Ye vacuum hose from the
L9WWipe dust off the driver's area
inside the vehicle.
receptacle located near the
Check to ensure the accident kit is properly attached
; compartment. If the accident kit is missing, notify
Using a clean damp
and all operator controls.
dashboard,
irdalism/Graffiti Inspection. Inspect the vehicle interior to
sure that no seat damage or graffiti exists. Seats that are found
damaged should be reported to the CITY at the time of
observance. CONTRACTOR should remove graffiti at the time of
observance. No vehicle shall be put into revenue service with
visible graffiti without approval by the CITY.
g. Seat Securement. Inspect individual seat inserts to assure proper
securement to the seat frame. If seat is not secure report it to
CITY at the time of observance.
h. Lights. All lights including the high beams will be checked daily
upon the morning startup.
Wheelchair Lift. The wheelchair lift on each vehicle shall be
cycled one complete cycle prior to departure from CITY's
corporation yard each day. If the wheelchair lift fails to complete
the cycle, the failure must be reported to CITY and the vehicle
repaired or another one assigned.
Vehicle Storage. All vehicles shall be stored at the CITY's Multi-
modal Station (24 South Sacramento Street) and/or other
locations as determined by CITY, when not in service. CITY shall
determine where and how CONTRACTOR shall store vehicles.
All doors, windows and safety hatches of vehicle shall be closed
and secured. AL,
k. Obstacle Detection System sensors uipped, shall be cleaned
daily.
7. Weekly Servicing. CONTRACTO aTl mainta ist of all vehicles.
This list shall be used to assure that all vehicle had the acti ms listed below
completed at the frequency described, or mo n as directed I If a particular
vehicle was not available for revenue servi during anyrgiven week, TRACTOR
shall so indicate on the list.
Action
Wash Exterior of Vehicle _ ice WeeRNINr More Often as Needed
Mop Floors 'Admoh- _ O2d§PjRhLprM6re Often as Needed
Wash Wheeler IWce Weekly or More Often as Needed
Clean OpeWs Comp"ent q&e Weekly or More Often as Needed
e W1118dV ice Weekly or More Often as Needed
Sidel'Ws/0111fts Once Weekly or More Often as Needed
Seat FrarnlWacks'V Once Weekly or More Often as Needed
Graffiti M As Needed
Wloors. Floors shall be wet -mopped starting at the rear of the
. _1 working forward, assuring to also mop wheel -well inner
extension areas and step well. Use of excessive amounts of
water or other fluids shall not be allowed on the floors or other
interior parts of the vehicle.
b. Wash Wheels. Wheels shall be degreased and rinsed clean.
C. Operators Compartment. Operator's compartments shall be
thoroughly cleaned, including vacuuming of trash from around foot
controls; wiping clean dashboard, operator's seat and all
operator's controls. Upon completion, the dashboard shall be
treated with anti -static spray.
CAUTION: Do not spray anti -static spray on steering wheel or
operator's seat.
d. Remove Graffiti. Any graffiti on interior or exterior of any vehicle
shall be removed immediately upon discovery. CONTRACTOR
shall obtain approval of all graffiti removal materials prior to their
use. No vehicle shall be allowed to begin its service day with
graffiti visible.
e
Windows. Using the cleaner approved for use only on windows,
the interiors of all windows shall be sprayed, squeegeed clean and
wiped dry with a rag. Windows includewjshields, door windows
and interior mirrors. �
8. Detailing. Each vehicle shall receive
following each 3,000 -mile and/or monthly inspection.
to be completed within five (5) days of completi
inspection. CONTRACTOR shall provide Cl
vehicles were detailed on a monthly basis. Tf
preventative maintenance schedule used to
thorough detailing shall include the following:
and exterior detailing
of these vehicles is
He and/or monthly
N
dicating which
III the monthly
ailinule. Each
Remove gum and other
or, sidewalls, ceiling or
interior and/or exterior of vehicle
any and all foreign materials from the seats and other
:rid as of the vehicle and clean the vehicle thoroughly,
al cleaner, aerosol all-purpose cleaner, aerosol or
con
in jrated window cleaners. Rinse all washed areas
e dry. Squeegee and dry all windows. Do not use a water
the interior of the vehicle.
ove all side and rear double and triple seat cushions, not
uiring tools, for cleaning underneath. Replace seats.
g. Clean interior of dome lights as necessary.
h. Apply protective coating to bumpers, dashboard, rubber fender
walls and tires to improve appearance of vehicle. Do not apply to
steering wheel, seats or floors.
9. Records. CONTRACTOR shall submit proposed Daily Vehicle Reports,
Checklists and Inspection Report and any other applicable reports to the CITY for
approval prior to the service start-up date.
D. MARKETING AND PUBLIC RELATIONS PROGRAM
1. Marketing Organization. During the term of Agreement, CONTRACTOR
will cooperate in marketing and advertising efforts with CITY and other parties.
2. Marketing Identity. CITY shall determine the identity and approve all
marketing material. CONTRACTOR shall not distribute any materials that can be
directly or indirectly associated with CITY or the fixed -route or paratransit services
identified in Agreement, without the written approval of CITY.
All printed, audio, or visual materials dealing with fares, paratransit schedule(s)/pickup
policies, promotional activities, public relations or othertmeting communications
materials distributed on board any vehicle must be approvY. From time to
time, CITY will supply CONTRACTOR with marketing mdistribution on the
vehicles. CONTRACTOR shall distribute such materialles when asked to
do so by CITY.
3. Media Referrals. CONTRACTOR shall refer all media requests for
information on the fixed -route or paratransit services identified in Agreement to CITY.
Under no circumstances shall CONTRACTOR make any contact with the media or offer
comment regarding the services identified in the Agreement, without the written
permission of the CITY.
4. Telephone Informat
shall provide live and/or automated
If CONTRACTOR elects to use an a
the capability for callers ve a i
reporting complaints, e
system shall also a call w
regular business , Monday c
Telephone
Transit Infi
responsibleNd
time schedul
with prior writt
CONTRACTOR
agencies, outlets,
Agreement, CONTRACTOR
the satisfaction of the CITY.
said system shall have
a ons, information requests,
5efore use. The automated
itch to a live person during
id Morning (afternoon or evening),
, How may I help You?"
post CITY -provided and
les, rochures, Maps, Etc. The CONTRACTOR shall be
in ainta ring, printing and updating all printed material (e.g.
maps, flyers, etc.), for use and/or distribution to the public
rabe
from the CITY and to the satisfaction of the CITY.
responsible for distributing materials to passengers,
on the vehicles, by mail or other means as directed by CITY.
7. Passenger Surveys. CONTRACTOR shall, when requested by CITY,
distribute surveys to passengers, and/or otherwise provide reasonable assistance in
CITY's monitoring and marketing activities.
8. On -vehicle Advertising and Postings. CONTRACTOR shall not post or
otherwise distribute any materials on the vehicles unless specifically requested by CITY
and CITY shall approve all materials prior to their distribution. Any revenue from posting
or other distribution shall be CITY's.
E. ADMINISTRATION, REPORTS, ACCOUNTING, AND AUDITS
1. Administration. CONTRACTOR shall employ adequate executive,
administrative, supervisory, operational, and maintenance personnel.
2. Reports. CONTRACTOR shall provide CITY the following reports, based upon
the identified schedule and in a form and format prescribed by CITY:
a. Daily Driver Log Summary. Daily written summary of all fixed -
route and paratransit activity by program or mode based upon
daily passenger count logs. CONTRACTOR shall provide reports
no later than three business days followin he date of service.
b. Daily Status and Passenger Com Report. Daily written
status report includes driver c rst departure log and
describes anything out of the o t particular operating
day, including any passeng o plaints. NTRACTOR shall
file report daily by elec facsimile (F t end of each
operating day.
t � NEL
C. Daily Operational Report. Contractor shall provide written report
no later than the third (3rd) business day following the end of the
reporting period for example — Monday's daily report would be
due on Thursday). The report shall be developed using the latest
version (or other versions as determined by CITY) of the
computerized spreadsheet software called "Excel" and shall be
provided in print and electronic formats. The electronic copy may
be sent via the internet, if approved by CITY.
d. onthly S maty R rt. CONTRACTOR shall provide written
eport n er than fifth (5th) business day of the month
w' th eporting period. The report shall be
d usin atest version (or other versions as
det ed by CITY) of the computerized spreadsheet software
led el" and shall be provided in print and electronic
ats. electronic copy may be sent via the internet, if
�ry of Schedules/Transfers. CONTRACTOR shall provide a
monthly inventory of all schedules, brochures, transfers,
other marketing materials by the third (5th) business day of
month.
f. Fare Revenue. CONTRACTOR shall document all fares received
and deposited in bank of CITY's designation, using CITY-
approved
ITYapproved process. CONTRACTOR shall deposit fares and
provide written report by electronic facsimile (FAX) or email no
later than one business day following the date of service.
g. Gate Key/Fuel Card Inventory Report. CONTRACTOR shall
maintain an up-to-date written Gate Key/Fuel Card Inventory
Report consisting of gate key and fuel card assignments by
employee. The Gate Key Inventory Report shall be provided to
the CITY whenever there is a change in employee key
assignments.
h. Other Reports. CONTRACTOR shall provide other written reports
(i.e., daily departure logs, unusual incident summaries, etc.) as
defined by CITY. CONTRACTOR shall provide reports on a daily
basis.
Dissemination of Data. CONTRACTOR shall not disseminate
ridership, farebox, or other data or information to any party without
prior written approval from CITY or as required by law.
3. Accounting Practices. During the
shall maintain its accounting records as they
Agreement consistent with Generally Accepted
approved format.
4. Compliance with Regulatory
under Agreement shall conform to all the
regulatory agencies, including the Californ
Commission, and U.S. Department of Trans
F. Service Quality Sta
In an effort to ensure that the CO
quality service throughout the cc
minimum standards tha COI
CONTRACTOI pe
measures, the Cl y, at it
the program of i Ives and/
and Incentives", o ocum
term of ent, CONTRACTOR
relate t programs identified in
Acco inciples, and in CITY
-
't
rvices provided
ents of Federal, and/or local
sway Pmol, Californi lic Utilities
in, if able.
rovidegWCITY with acceptably high
per CI1Ws established a set of
O e ed to meet. Should the
ablishe tandards on any of these
n, implement or discontinue all or part of
n described in Section E, "Assessments
The ass and es p�Will be invoked when, in the judgment of
the Cl a ake action, short of terminating the Contract, to correct
inad a perform by ONTRACTOR. The intent of the Program's standards
is t rly communic he expectations to the CONTRACTOR. The program
of ass ents is desi to f compensate the CITY when the CONTRACTOR
fails to a service ting minimum expectations. The incentives program is
designed to rd the C TRACTOR for delivering performance, which demonstrates
a commendab el rt, care or skill. The incentives program is also intended to
provide motivatio inuing improvement in the CONTRACTOR's service delivery if
identified problems a been corrected.
The financial structure of the assessments and incentives program will remain
unchanged throughout the remainder of the Contract, however, the standards which
define acceptable limits are subject to annual revision by mutual consent of the CITY
and CONTRACTOR.
Vehicles and Maintenance
1. Miles between preventable road calls which cause delays in excess of 10
minutes shall not fall below 15,000 in-service miles for City of Lodi
Transit Services. A "preventable road call" is defined as any occasion
when the road call could have been prevented by due diligence or proper
applications of established procedures, or any occasion that
unnecessarily involves City Maintenance staff to respond to a non-
mechanical road call, that significantly delays or terminates a scheduled
run. The CITY will exempt road calls caused by mechanical failures,
manufacture defects or warranty items.
2. Wheelchair Lift Failures. Wheelchair lifts shall be cycled once each day
prior to in-service use. Lift failures shall be reported to dispatch and
reported to the CITY in the following Monthly Management Report. Lift
failures shall not delay a passenger's trip more than one hour. Manual
operation of the lift is considered a failure. Ah,
3. Safety Inspection Reports. Must achieve a
categories of annual California Highway P
or spot check.
On -Time Departures. It is tl
no more than 5 minutes la
(ADA or General Public Dial
leave any point p ' r to
CONTRACTOR sh
departures from pu
criteria. Periods to b e
between the -CITY and t
y rating in all
compliance report
Y that buse II depart
duled stop o I -a -ride
✓indow time and shall not
departure time. The
minimum of 95% of all
ime points meet these
king will be negotiated
- Fixed Route Services. No bus
uled departure time.
CN 7todispatch
R shall, at a minimum, complete
;eor
ulea event of an in-service breakdown,
od problem, the CONTRACTOR shall
mevehicles in such a fashion as not
trips. Any fixed route trip operating 20
ore cheduled time shall be considered a
Any demand response vehicle that is more than 30
dor a pickup period shall be considered a Missed Trip.
exempted from monitoring will be negotiated between
CONTRACTOR.
CONIMACTOR shall not fail to pickup any passenger once a pickup
time has been scheduled for them (unless it is the fault of the rider).
Productivity
8. Dial -A -Ride (DAR) and VineLine Productivity shall not fall below 3.0
passenger trips per service hour for two consecutive months and shall
not drop below 2.25 passenger trips in any single month. The
CONTRACTOR is expected to maintain an overall average above 2.5
passengers per hour and anything above 2.75 passengers per hour is
considered a preferred level of productivity.
9. Dial -A -Ride (DAR) Americans with Disabilities (ADA) Denials. The
goal of the CITY is to have zero ADA denials.
10. Subscription/Periodic Rate for ADA service or General Public Dial -A
Ride shall not exceed beyond 50% of any service hour.
Reporting Requirements
11. Monthly Management Reports shall be provided in accordance with
Section E, 2. of this Scope of Work. All monthly reports and operating
statistics from the CONTRACTOR shall be checked for accuracy before
they are presented to the CITY.
12. Accident & Incident Reporting. In addition a reports mentioned in
Section E above, CONTRACTOR shall d implement and maintain
procedures to respond to emergencie ro problems which from
time to time occur in the course of pr i g trans ice. The CITY will
be immediately notified, whene actical, any an emergency
situation occurs. Such occurr to be addressed de passenger
disturbances, passenger inju ' and vehic accidents. TRACTOR
shall interview the driver in to a the clarity, racy and
comprehensiveness of the rep T ONTRACTOR shall provide
copies of all incident d accident o the CITY within two business
days of the occurre
Accidents V�
13. Prevent ents
preve (e)�total vehicle miles between
ac is sha ater tha
50,000 miles. This standard
Customer
Co is (System -Me). The total number of valid, non -
me ' al aints shall not exceed 10 per month.
Call Ho es; ed/Abandoned calls. Average call hold times shall
not excee min es measured daily and less than 2% of calls weekly
shall be dr d/abandoned.
G. ASSESSMMWFOR NON-COMPLIANCE
1. In this Sections G. and H., an "occurrence" is the action of violation
whereas "incident" is the recordation of the violation.
2. CONTRACTOR shall be assessed by the CITY a total of $50.00 per
occurrence for any of the following:
a. CONTRACTOR personnel operating a revenue vehicle in revenue
service without interior lights on in the vehicle.
b. The replacement of gate key or fuel card lost by CONTRACTOR
personnel.
C. Vehicle keys left unsecured (not returned to the designated
secured place) or not in possession of CONTRACTOR personnel.
e. Failure of CONTRACTOR personnel to properly store wheelchair
securements after each use.
f. Failure of CONTRACTOR personnel to replace wheelchair lift
cover while lift is not in use.
g. Failure of CONTRACTOR personnel to close windows of CITY
vehicle at the end of each operating day.
3. CONTRACTOR shall be assessed by the C
for any of the following:
a
0
c
II
e.
per occurrence
Non-compliance with vehicle4vpe a and cleanliness
standard. .
CONTRACTOR personnel not following general rules as listed in
Section K of this Scope of Work (e.g., smoking, eating, drinking,
playing music on vehicle, possession of pager, cellular phone, or
any other communication device, etc.)
CONTRAC sonnel o uniform including unapproved
attire, unkem ce (e. in un -tucked, dirty uniform,
etc.).
TOR not ing and cleaning vehicle at
en each duled service day, as required in this
Agreeme
N rs I failure to remove transfers from
ed ve end of a shift or break, or at the end of a
f.T OR personnel deviating from established route
a ent3refined by CITY.
Fair of CONTRACTOR personnel to contact dispatch prior to
e ing the rear gear of a revenue vehicle.
h. ilure of any fixed -route vehicle to depart any timed service point
(i.e., bus stop) of each operating day on-time/unless delayed by
circumstances beyond control of CONTRACTOR.
4. CONTRACTOR shall be assessed by the CITY a total of $200.00 per occurrence
for any of the following:
a Failure of CONTRACTOR to adhere to posted speed limit, and/or
any action that results in the issuance of a moving violation by a
law enforcement agency.
b. Failure of CONTRACTOR to adhere to traffic control devices (i.e.,
stop signs, traffic signals, etc.) which results in a moving violation
and the issuance of a citation by a law enforcement agency, or
the violation is reported by City management staff (i.e. City
Manager, Transportation Manager, Transportation Planner, etc).
C. Failure of CONTRACTOR to open Transit lobby during
established business/operating hours.
d. Failure of CONTRACTOR to complete Daily Vehicle Inspection
(DVI) report each time operator takes possession and releases
control of the vehicle (i.e., start of day at yard, change of
operators at shift change, etc.) All operators are required to
inspect vehicle and complete DVI report prior to and after
operating vehicle.
_1W
e. Failure of CONTRACTOR personnel to report to City staff any
new damage to CITY vehicles. Note: Recording damage on the
DVI does not constitute reporting damage to the CITY. The
damage must be reported to the Vehicle Maintenance Manager
and Transportation Planner, by phone or email.
f. CONTRAC ersonnel ing unscheduled stops (i.e.,
stopping to ersonal a calls, speak to friends,
purchase fm , while venue service, even if on -
route.
g.enable
re R p�el to notify dispatch when
to LLard t person with disabilities/mobility-impaired
per el r, etc.) at fixed -route bus stop.
h. Failure of CONTRACTOR personnel to notify CITY of any
accident or incident, as defined under the terms of this
Agreement, within 15 minutes of CONTRACTOR personnel being
made aware of accident or incident.
5. TRACTOR s be assessed by the CITY a total of $500.00 per occurrence
for an a followin
a. Failure of CONTRACTOR to maintain sufficient fuel in vehicle. All
other costs in moving the vehicle shall be the responsibility of the
CONTRACTOR.
6. CONTRACTOR shall be assessed by the CITY a total of $4,500.00 per
occurrence for the following:
a. Any instance resulting in the detachment of the fueling hose,
nozzle and/or damage to the fueling dispenser or fueling system.
H. ASSESSMENTS & INCENTIVES FOR PERFORMANCE
The following program of assessments and incentives includes measures
considered most important to the CITY in maintaining high quality of service.
From the nature of the services to be rendered, it is extremely difficult to fix
actual damages which may result from failure on the part of the CONTRACTOR
to perform any of its obligations as outlined in this Scope of Work. Assessments
that are proposed as part of this program reflect that the program will only be
implemented in the event of substandard performance by the CONTRACTOR.
The program will not be invoked unless CONTRACTOR fails to meet
expectations outlined in Section F, "Service Quality Standards", of this document.
The amounts assigned to assessments are set at levels considered necessary to
protect the interests of the CITY should the CONTRACTOR perform below
expectations. The incentives proposed are intended to provide motivation to the
CONTRACTOR to perform beyond minimum expectations of the CITY.
Vehicles and Maintenance
Standard: Fifteen Thousand (15,
preventable road calls per m
minutes.
Assessments/Incentive:
dollars forany mon
road calls fails bel
billing actual staff tim
charges). A bonus of
if averagey"iLs betweE
of 10
Three Hundred ($300)
amiles between preventable
files be assessed in addition to
Lop rat ch could include overtime
($19111111kdollars may be granted
cPOs exceed 35,000 miles
ON R to properly train staff
iue burden on CITY Maintenance staff
rges and may result in termination of
logs and/or evaluation of bus
Failure and Passenger Accommodation
eelchair lifts shall be cycled once each day prior to in -
as Lift failures shall be reported to dispatch and CITY
Fimmediately then reported to the CITY in the following
nagement Report. Lift failures shall not delay a
,r's trip more than one hour. The CONTRACTOR shall
service frequency to determine the most efficient and timely
alternative transportation available to the passenger(s). Manual
operation of lift is considered a failure and should also be reported to
the CITY.
Assessments: One Hundred fifty ($150) dollars in assessments may
be assessed if a lift failure occurs due to operator negligence. Three
Hundred ($300) dollars in assessments may be assessed per incident
for failure to report an inoperable lift to Maintenance that results in a
known lift failure being put on route. Failure to provide a wheelchair
passenger with an alternative means of transportation within one hour
of failure may result in Seven Hundred Fifty ($750) dollars in
assessments per incident.
Monitoring: The monthly management report shall list all in-service
wheelchair lift failures that occur each month. All such failures shall be
listed including date, time, route, vehicle and location. Detail shall be
given on the alternative transportation provided to the passenger(s)
and the length of time the passengers' transportation was delayed.
3. Safety Inspection Reports
Standard: Must achieve a satisfactory rXtort
y category of the
annual California Highway Patrol safety creport or any spot
check. Copies of all CHP reports regardinsit vehicles must
be provided to the CITY Vehicle MaiManager within 2
business days of CONTRACTOR's rec by the CHP.
Assessments: Assessments may sessed at th a of Five
Hundred ($500) dollars per occ e, per vehicle, if sfactory
rating is not received. Asses s may be assessed a ate of
fifty dollars ($50) per occurre copies P reports a t
provided to the CITY within the ti riod.
Monitoring: CHP Codilgtce reports`
On -Time Performance
4. On TimeBIMMrtures
Sta It is t oal of CITY that buses shall depart no more
th a (5) min late fro ny scheduled stop or dial -a -ride pick
up w ti and II not leave any point prior to the
sched CONTRACTOR shall strive to see
mi of 95% o epartures from published or scheduled
I int s et this criteria. Periods to be exempted from
monit su during severe winter storms, traffic accidents, etc
will be n iate een the CITY and the CONTRACTOR on an as
needed b
ssessme Incentives: If the average percentage of on-time
rtur Is at or below 90%, assessments of Three Hundred ($300)
d month may be assessed. If the average falls below 85%,
asse ents of Five Hundred ($500) dollars may be assessed. If on-time
performance is above 98% or above for the combined service for three
consecutive months, a bonus of One Hundred Fifty ($150) dollars may be
granted.
Monitoring: The CITY will use monthly reports, vehicle tracking logs,
random field observations, radio checks and road supervision to
monitor departures of scheduled trips.
5. Operating Ahead of Schedule (HOT) - Fixed Route
6.
Standard. No bus shall leave any time point prior to its scheduled
departure time.
Assessments: Assessments of One Hundred Fifty ($150) dollars per
incident may be assessed when a vehicle in revenue service is
determined by the CITY to have left a scheduled time point prior to its
scheduled departure time.
Monitoring: The CITY will use random field observations, and valid
customer input to monitor HOT trips.
Missed Trips
Standard. The CONTRACTOR shall, at a m igW, complete 100% of
all scheduled trips on a monthly basis. I event of an in-service
breakdown, driver's absence or ted problem, the
CONTRACTOR shall provide adequ t ans patch vehicles in
such a fashion as not to miss subs ntly sched rips. Any fixed
route trip operating 20 minutes ore behind the eduled time
shall be considered a "misse Any dial -a -ride v which is
more than 30 minutes late ick up d shall be c ered a
"missed trip". Periods to b em rom monitorin will be
negotiated between the CITY and CTOR.
may be assessed forh'
Monitorin monthl
dispatc d the
used onitor ed trig
7. Fa to pick- rider
failur e
Hundre 00) dollars in assessments
TripF.
IM. ehicle tracking logs,
ndo observations will be
Ly reserved Dial -a -Ride trip (unless
OR shall not fail to pickup any passenger once
scheduled for them (unless it is the fault of the
Assessments of Five Hundred ($500) dollars per
be levied for a passenger whom CONTRACTOR fails
hissed passengers are subject to discussion between
)NTRACTOR.
)atch records, vehicle tracking logs, Computer Added
Dispatch records, random field observations and valid customer
complaints.
Productivity
8. Dial -a -Ride Productivity
Standard: Dial -A Ride productivity shall not fall below 2.15 passenger
trips per service hour for two consecutive months and shall not drop
below 2.0 passengers in any single month. The CONTRACTOR is
expected to maintain overall average above 2.25 passengers per
hour, and anything above 2.5 passengers per hour is considered a
preferred level of productivity.
Assessments/Incentives: Assessments
dollars per month may be levied if Dial-A-
2.15
ial-A2.15 passenger trips per hour for two or r
2.0 passengers per hour in a single mon
($100) dollars per month may be giv
passengers per hour in any single 1
for 2 consecutive months or more
Reporting Requirements
Monthly Summary 1q
Section E, 2. of the P
Hundred ($500)
luctivity falls below
;ecutive months, or
us of One Hundred
exceeds 2.25
1kngers
per hour
rts.
in Accordance with
ind TiWating statistics from the
within five (5) business days of the
d for accuracy before they are
ess reportZO�fing statistics are found to be incorrect
Cl sessments of One Hundred ($100) dollars may be
asse for error, up to a maximum of One Thousand ($1,000)
dollars mon If reported financial information is found to be
incorrect he C ,assessments of Three Hundred ($300) dollars
may be as ed for each error, up to a maximum of Fifteen Hundred
1,500) d s per month. If additional errors, missing information or
up entation, other than those identified above, are found
b in the CONTRACTOR's Monthly Management Reports,
asse ents of One Hundred ($100) dollars may be assessed for
each occurrence, up to a maximum of One Thousand ($1,000) dollars
per month.
Monitoring: CITY staff will perform checks of monthly reports.
Statistics on missed trips, "hot" routes, late trips and other route
related problems will be checked by random field observations and
remote sensing.
Note: In the event of omissions from, or falsification of operating
statistics used to monitor standards used in the
10.
assessments/incentives program, Contract is subject to immediate
termination.
Daily Operational Report, Shall Be Provided in Accordance with
Section E, 2. of the Project Scope of Work
Standard. All daily reports and operating statistics from the
CONTRACTOR shall be submitted within three (3) business days of
the end of each month and checked for accuracy before they are
presented to the CITY.
Assessments: If reported operating statistics ar and t2,e incorrect
by the CITY, assessments of Fifty ($50) dolla y be essed for
each error, up to a maximum of Five H ($500) dollars per
month. If reported financial information i be incorrect by the
CITY, assessments of Three Hun ($ dollars may be
assessed for each error, up to aximum ' een Hundred
($1,500) dollars per month. If ad al errors, miss formation or
backup documentation, other hose identified ab re found
by the CITY in the CON T Operatio eports,
assessments of Fifty ($50) rs a assessed r each
occurrence, up to a maximum ndred ($500) dollars per
month. Ash,
Monitoring: CITYDerform
ks ofmonthly reports.
Statistics on missedtes, rips and other route
related pro s will b o field observations and
remote
the em of om ns from, or falsification of operating
usegN to mqWr standards used in the
Its/' mgr Contract is subject to immediate
Reporting
Standar In tion to the above mentioned reports, the
CONTRA R s II develop, implement and maintain formal
rocedures respond to emergencies and routine problems which
Wm time me occur in the course of providing transit service. The
w' immediately notified, whenever practical, any time an
e situation occurs. Such occurrences to be addressed
4inclu , but are not limited to, passenger disturbances, passenger
injuries, and vehicle accidents. The CONTRACTOR shall interview the
driver involved to ensure the clarity, accuracy and comprehensiveness
of the report. The CONTRACTOR shall provide copies of all incident
and accident reports to the CITY within three business days of the
occurrence, including pictures of the damage and general conditions, if
applicable.
Assessments: Assessments of Three Hundred ($300) dollars may be
assessed per occurrence of failure to notify the CITY of injury
accidents within 24 hours or property damage and disturbances within
48 hours of occurrence. Assessments of Two Hundred ($200) dollars
Accidents
12.
may be assessed per occurrence of failure to submit pictures with an
accident/incident intake form within three (3) business days of
accident/incident. Assessments of One Hundred ($100) dollars may
be assessed per occurrence of failure to submit an accident/incident
intake form within one hour of accident/incident.
Preventable Accidents - Systemwide
Standard:
be greater
quarterly.
The total vehicle miles between preventable accidents shall
than 50,000 miles. This standard shall be measured
Assessments/Incentive: If total
accidents falls below 50,000 in
Hundred ($1,500) dollars pe
CONTRACTOR averages me
preventable accidents, in two or
Two Hundred Fifty ($250) doll
Monitoring: Monthly Reports, a
Department of Motor Vehicles.
Customer Service
Valid Complaints -
on preventable
ents of Fifteen
assessed. If
Iles between
. a bonus of
the
anical complaints shall
Five: Ass ments in the amount of Twenty Five
sse r complaint over the allotted number
III
ts. If the number of non-mechanical,
mains er 10 per month for two consecutive
One Hundred ($100) dollars may be given.
electronic complaint
; Dropped/Abandoned Calls
Call hold times; dropped/abandoned calls. Average call
s shall not exceed 10 minutes measured daily and less than
Is weekly shall be dropped/abandoned.
Assessments/Incentive: Assessments in the amount of One Hundred
($100) dollars may be assessed each day call hold times average
greater than 10 minutes. Assessments in the amount of Fifty ($50)
dollars may be assessed per percentage of dropped/abandoned calls.
Monitoring: CITY staff will perform random checks and monitor via
electronic phone records.
I. CHANGES TO LEVEL OF SERVICE
1. Baseline Service Level. The "baseline service level" is the amount of
service, approximately 50,000 vehicle hours of service annually during the initial term of
the Agreement (July 1, 2008 through June 30, 2012). CITY may increase, decrease, or
otherwise change the service to be provided. Changes to service levels are provided as
follows:
a Emergency Adjustments. Temporary emergency adjustments in
service may be initiated either by CITY or CONTRACTOR only in
the event of an emergency or circumstance which requires a
detour or an adjustment in routin or scheduling under
circumstances where there is no op ity for the parties to
confer; provided, however, that suc stments do not constitute
a "substantial change" as defined
The party initiating the a ncy adju t shall notify the
other party immediately h occurrence. shall specify
steps to be taken by TRACTOR to not trons of the
change in routing or sche 'ng necessi by such
emergency adjustmen d/or cations to th mergency
adjustments made by OR. In making temporary
emergency stments, s CONTRACTOR incur added
expenses bd§lllMWa§e comp ed under the primary terms of
Agreement, TRA shall negotiate a fair and
equitable adjus nt in sati service.
b.eservice
ntial C in Sery Level. CITY may order non-
tanti increas in
or other alterations to the
u written ce to CONTRACTOR. Said notice shall
ify e(s) ested and the effective date(s).
CTOR sMMe allowed thirty (30) days to implement
tantial changes, however, CITY shall endeavor to
J NTRACTOR with earlier notice whenever possible.
ma time -to -time, request very minor miscellaneous
(i.e., ur of City for new CITY employees, group of seniors
go on a field trip, etc.) and endeavor to provide one (1)
otice, however, at times, notice may be shorter.
2. Substantial Changes in Service Level. Definition: Any proposed change
in the service level shall be deemed "substantial' if such results in one or more of the
following conditions:
a. An increase of 15% or more in revenue vehicle service hours, as
computed from the baseline service level.
b. A decrease of 15% or more in total revenue vehicle service hours
as computed from the base line service level.
C. The cumulative total of non -substantial service changes over a
period of time that results in a service level either more than 15%
above or 15% below, the established baseline service level.
d. CONTRACTOR shall be given no less than thirty (30) days written
notice of the intent to order such substantial changes, and shall
have an opportunity to be heard prior to adoption of such order.
Such order shall not be effective sooner than thirty (30) days from
the date of adoption, unless mutually agreed otherwise in writing
by both parties.
e. CONTRACTOR shall be compensated following any substantial
change to the service level according to the "City -Accepted Price
Proposal" (as will be included in the Agreement for the Provision
of Fixed -Route and Paratransit Services).
3. Changes in Subsidiary Duties.
CONTRACTOR reporting requirements, training
requirements, testing procedures, personnel practi
that do not result in change to the service level.
requests, or such request would result in a mated
in the time required for performance,CONTRA
days after receipt of such request and sh n
and/or increases. The parties shal goti
CONTRACTOR's claim, which reflects actual a
total costs to perform Agreement caused by the
J. EMPLOYEE QUALIFICAT RAININ
1. Employee Qualificatio Th
required of those person loyed in fixe
a. ver In tors:
V Class "B' &
ii alid a rtific,
rua test.
CITY request change in
and y programs, inventory
3s other operating details
O TOR declines such
�rease in RACTOR costs or
shall notify IlLywithin seven (7)
t a claim detailinljlkch objections
:eequitable ement of
's creases in COWRACTOR
question.
m qualifications will be
ansit services:
Bus Drivers License.
and passage of pre-employment
ear recent experience in public transit or school bus
drive or one year recent experience as public transit or
school bus training instructor; Valid instructor training
certificate consistent with "Train -the -trainer" or other formal
training program recognized by the State of California as
having met State requirements.
Drivers:
Valid California Class "B" or school bus driving license.
Safe driving record.
Valid Medical Certificate and passage of pre-employment
drug test.
Minimum of three years of recent experience safely driving
a motor vehicle with a valid license.
v) Completion of CONTRACTOR driver training program.
C. Dispatchers:
i) Six (6) months recent experience as a fixed -route or
paratransit driver.
ii) Completion of the driver -training program. (Compliance
with Section b. above.)
iii) Completion of CONTRACTOR's Customer Service Skills
course. 'A�
2. Criminal History Background Checks. CO CTOR shall coordinate
with the CITY to ensure that all safety sensitive el as identified in the
CONTRACT complete a Criminal History Background k. shall make available
to the CONTRACTOR locations for fingerprintin a CI on receipt of the
reports, CITY shall review the results and f to CONT R a list of all
employees and whether they were a pass Anyone failing t iminal history
background check shall not be eligible to w der contrgQt to the CI
3. Driver Training. CONTRACTOR shall p g for all personnel employed
through this agreement. It is th le response CONTRACTOR to ensure that
all drivers are fully knowledgea it duties esponsibilities and can operate
a fixed -route or paratransit vehic anner. also the CONTRACTOR's
responsibility to provide additiona nin ainin uirements specified by
the CITY are insufficie t a mini , tr ' co ly with the following
requirements:
a. Class "C" drivers, firs time Class "B" drivers and "B"/school bus
drivers who have not had prior public transit/school bus training
and at least nine (9) months actual transit/school bus driving
experience over the previous two (2) years;
uisition of a valid Class "B" (or school bus driver's)
Ii and Medical Certificate.
ii) Minimum sixteen (16) hours classroom instruction
regarding CONTRACTOR policies, procedures, defensive
driving, vehicle code, driver notices, vehicle components,
bike rack use, radio procedures, vehicle inspection, pickup
lists and schedules, transfer policies, fare collection,
accident procedures, state rules and regulations, accident
report writing, passenger handling and empathy.
iii) Minimum eight (8) hours classroom and supervised
"hands-on" training regarding wheelchair lift components,
handicapped passenger handling, operation of lift
with/without power, loading/tying down procedures and
emergency procedures.
0
iv) Minimum sixteen (16) hours individual behind -the -wheel
instruction from a qualified driving instructor while out of
service.
v) Minimum sixteen (16) hours individual behind -the -wheel
instruction from a qualified driving instructor while in
service.
vi) Completion of driving at least two days before being
allowed to drive in service unsupervised.
Class "B"/school bus drivers (with a me ' I certificate) who have
had at least nine (9) months' public tr or school bus driving
experience over the previous two s, as well as proof of
training and good references.
i) Minimum sixteen
regarding CONT
driving, vehicle
bike rack u
schedules, ro
accident procedur
repo riting, r
emp
ii) Minimu
ency
hours sroom instruction
policiesp ures, defensive
tR
ver notices, ve components,
io pro dures, veh inspection,
tran policies, far collection,
Wles and regulations, accident
er handling and passenger
room
'sengelRWbndling,
loading/tying down
ures.
and supervised
iir lift components
operation of lift
procedures, and
t�3) hours individual behind -the -wheel
structio qualified driving instructor while out of
m eight (8) hours individual behind -the -wheel
ion from a qualified driving instructor while in
service.
Completion of driving all routes at least twice before being
allowed to drive unsupervised.
ling required for all drivers regardless of experience:
i) Written Route Knowledge Test. No driver shall be allowed
to operate in revenue service until he or she has
successfully completed a written test demonstrating full
knowledge of his or her assigned route.
ii) Written Fare Structure Test. No driver shall be allowed to
operate in revenue service until he or she has successfully
completed a written test demonstrating full knowledge of
the system fare structure and fare instruments.
sha
iii) Vehicle -type Training. No driver shall be allowed to
operate equipment until he has been trained and signed off
by qualified instructor as to his or her successful
attainment of the skills necessary to properly operate the
vehicle type to which he or she has been assigned.
iv) Minimum two (2) hours safety/ongoing training every two
months for every driver employed. CONTRACTOR to
present proposed meeting agenda for CITY's approval
prior to each session.
v) Driver Evaluations. Eachtriemployed shall be
evaluated by a qualified instleast once every six
(6) months, including in-sere'ation and license and
medical certificate checks
vi) Accidents. Whenev diver is in d in a preventable
accident and whe a driver is in in fih or more
non-preventabI dents in any twe onth period,
CONTRACT ualified i ructor shal with that
driver and pe an uation and raining, if
necessary.
vii) Drive Award. NTRACTOR shall institute a
driver progr o be approved by CITY) to
be con d a ce six (6) months, including
, �e provi of ba es and the preparation of
i) C RACTCWshall comply with State of California
tr requir nts, including Verification of Transit
\ h eauired certifications.
Dress Code, Appearance & Courtesy. CONTRACTOR
identical uniforms, to be approved by CITY for all
IqWnce code, also subject to approval by CITY.
inimum, uniform requirements shall include the following for
ers:
Clean, identical, solid color permanent press, button-down
shirts.
ii) Clean, identical, solid color jackets for all divers for use
during cold or rainy weather.
iii) Clean, identical, professionally made, clip -on
company/employee identification tags.
b. CONTRACTOR shall also strictly enforce the following dress and
appearance requirements:
i) Males: Clean, dark, solid color, full-length pants or
trousers; clean, dark, matching socks; and clean, dark,
solid -color shoes for all male drivers.
ii) Females: Clean, dark, solid color, full-length
pants/trousers, and clean, dark, solid -color shoes for all
female drivers.
iii) All drivers operating in revenue service shall comply with
uniform and dress requirements and shall be clean and
well groomed.
CONTRACTOR shall supervise all
courteous to all patrons at all ti
questions regarding use of the,
systems accurately. J
6. Employee Work Rules. CONTRA
rules, subject to modification by CITY:
R6 ensure that they are
d respond to patrons'
system or connecting
employee
at all times when on duty.
tags subject to CITY
h shall -'o into farebox without being handled by the
Driver shall collect fares consistent with the most
fare structure adopted by CITY.
Services/Fare Structure:
Drivers shall have a thorough knowledge of the service
and fare structure prior to driving for that service
unsupervised.
ii) Drivers shall also have a basic knowledge of transfer
locations with connecting systems and knowledge of
connecting systems.
K. GENERAL RULES
1. No employee will be permitted to smoke within twenty (20) feet of a bus
or bus stop; eat, drink or employ any device that plays music or amplifies sound aboard
buses at any time, nor be in the possession of or use cellular telephones, pagers, or
other communication devices.
2. Boisterous language, profanity, or incivility to anyone shall not be allowed
while in uniform, on or off duty.
3. While in uniform, or at work, no employee shall purchase, consume, or be
under the influence of any narcotic, intoxicant, harmful drug, or prescription drugs that
impair performance.
4. Drivers shall be responsible for keeping all vehicles clean and sanitary
during their shift.
5. All employees are responsible for reporting immediately any defects a
vehicle may have. Drivers shall conduct a "walk around" pr trip inspection of their
vehicle, as well as a post -trip inspection, and fill out a "dail cle inspection" sheet.
Drivers shall have CONTRACTOR supervisor personnel a any doubt about the
safety of a vehicle prior to operating the vehicle in servic
Q
duties.
Employees may use vehicles
7. Employees must conduct
courteous manner at all times.
8. No one shall be
personnel specifically authorized
Q
No item longer than
10. No an
unless otherwise auth
their assigned
a safe and
vehicle with the exception of
on the vehicle.
permitted on the vehicle,
11. All information regarding accidents shall be confidential. Employees shall
refrain from speaking to anyone concerning any accident unless it is to the police, CITY
supervisory personnel, the CITY's Insurance Carrier or other person(s) involved in the
accident as required by law.
why
eqL
par
ice of any intoxicant, narcotic, or harmful drug,
r, other passengers, him or herself, or vehicle
vehicle.
at an unsafe location. Whenever practical,
14. Backir7g of a vehicle is prohibited unless specifically authorized by
dispatch. Drivers must request the option to back a vehicle from dispatch prior to
beginning the backing movement.
15. No vehicle shall be operated when its condition is unsafe or uncertain.
16. No driver shall operate the wheelchair lift
a. Until he has received the mandated training; and
b. If there is any doubt whatsoever about the mechanical condition of
the lift or safety of the passenger as a result from using the lift.
Wheelchair lift operation shall be in compliance with the
methodology recommended by the OEMs.
17. Drivers shall utilize the farebox system properly, recording ridership data
in the format required by CITY.
18. Drivers shall not be allowed to leave their vehicle unattended when
passengers are on -board, except when needing to use a restroom, and the transmission
is placed in park, the parking brake is set and the engine is turned off. Drivers shall take
the key with them when disembarking the vehicle. Doors on ttended vehicles shall
be kept closed and locked at all times. Drivers must infor confirm with dispatch
before leaving a bus unattended.
19. Paratransit drivers shall provide 'T
for boarding and unloading purposes if requested
20. Door -to -Door service shall
or ADA Paratransit passenger upon requi
21. Drivers shall not bE
electronic paging or communicatio
revenue service, and contact from
and no direct contact bviWmma shE
ce to disabled riders
kksenger aide.
c Dial -A Ride
phones, pagers or other
or in the vehicle while in
ed only through dispatch
Appendix B
Federal Clauses and Other Requirements
1. Energy Conservation
CONTRACTOR agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq.
2. Access to Records
Upon request, CONTRACTOR agrees to permit, and require its SUBCONTRACTORS to
permit, the U.S. Secretary of Transportation, the Comptroll eneral of the United
States, and, to the extent appropriate, the State, or their a ed representatives, to
inspect all Contract work, materials, payrolls, and other and to audit the books,
records, and accounts of the CONTRACTOR and its S CTORS pertaining to
the Agreement. 'Ilk
CONTRACTOR agrees to permit any of th
means whatsoever or to copy excerpts ancw
CONTRACTOR agrees to maintain all bo
under this agreement for a period of not le
termination or expiration of this agreement, e;
of claims arising from the performs
agrees to maintain same until the
their duly authorized representativ ha
claims or exceptions related thereto.
3. Federal
oing parties to oduce by any
)tions as reasona eded. The
ds,unts and -r required
(3) years after he date of
event of litigation or settlement
in which case CONTRACTOR
optroller General, or any of
ed I such litigation, appeals,
CONTRACTOR s t all tim omply all applicable FTA regulations, policies,
procedures and tives, i ing wit limitation those listed directly or by
reference in the De en ati Federal Transit Administration, Master
Agreement FTA MA (13 dated October 2006)) (the Master Agreement), between City
and FT be nded or prom .ilgated from time to time during the term of
this ct. CO T 'lure to so comply shall constitute a material breach of
thi ract.
4. 1�bligation bAb Federal Government.
(a) The of and CONTRACTOR acknowledge and agree that,
notwithstanding urrence by the Federal Government in or approval of the
solicitation or awa he contract, absent the express written consent by the Federal
Government, the Fe eral Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the City of Lodi, CONTRACTOR, or any other
party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(b) The CONTRACTOR agrees to include the above clause in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further agreed
that the clause shall not be modified, except to identify the SUBCONTRACTOR who will
be subject to its provisions.
5. Program Fraud and False or Fraudulent Statements or Related Acts.
(a) The CONTRACTOR acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions
pertaining to this Contract. Upon execution of the contract, the CONTRACTOR certifies
or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties that
may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the pens
,& of the Program Fraud
Civil Remedies Act of 1986 on the CONTRACTOR extent the Federal
Government deems appropriate.
(b) The CONTRACTOR also acknowledges
false, fictitious, or fraudulent claim, statement, s
Government under a contract connected with
with Federal assistance originally awarded
5307, the Government reserves the right t
and 49 U.S.C. § 5307(n)(1) on the CO
Government deems appropriate. _
(c) The CONTRACTOR agrel
subcontract financed in whole or in
further agreed that the clauses
SUBCONTRACTOR where sul
6. Civil Rig
The following requires tral,
F�iakes, auses to be made, a
on, or ce on to the Federal
hat is financ whole or in part
A under the authori 49 U.S.C. §
se the alties of 18 C. § 1001
QCT o the extent a Federal
two clauses in each
e provided by FTA. It is
except to identify the
(a) ion accordance with Title VI of the Civil Rights Act, as
are , 42 U.S. 00 ection 303 of the Age Discrimination Act of 1975, as
am , 42 U.S.C. 2,s 202 of the Americans with Disabilities Act of 1990,
42 U. 12132, an deral nsit law at 49 U.S.C. § 5332, the CONTRACTOR
agrees t will not dis inate against any employee or applicant for employment
because o color, d, national origin, sex, age, or disability. In addition, the
CONTRACT ree mply with applicable Federal implementing regulations and
other implements ments FTA may issue.
(b) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the contract:
(i) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at
49 U.S.C. § 5332, the CONTRACTOR agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity,"
as amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the
course of the performance of the Contract. The CONTRACTOR agrees to take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. In addition, the
CONTRACTOR agrees to comply with any implementing requirements FTA may
issue. AL,
(ii) Age - In accordance with section4 Age Discrimination in
Employment Act of 1967, as amended, 29 U.S and Federal transit law
at 49 U.S.C. § 5332, the CONTRACTOR a to r from discrimination
against present and prospective employe r reason . In addition, the
CONTRACTOR agrees to comply with plementing re ents FTA may
issue.
(iii) Disabilities - In accordance ec ' 02 of the Americans with
Disabilities Act, as amendId42 U.S.C. § e CONTRACTOR agrees that
it will comply with the rents of qua Employment Opportunity
Commission, "Regulations nt the E mployment Provisions of the
Americans with Disabilitie' 2 Part pertaining to employment
of persons with disabilities. In dition N TOR agrees to comply
with any implem�Lquirem F a
(c) The CON TOR a agree include these requirements in each
subcontract fir in whole in part Federal assistance provided by FTA,
modified only if nec to ' ,ec parties.
7. or
Th wing access ord irements apply to this Agreement:
(a) Nto
ller eral of the United States or any of his or her authorized
representhav cess to any books, documents, papers and records of the
Contractoe y pertinent to this Agreement for the purposes of making
audits, exrpts and transcriptions. Contractor also agrees, pursuant to 49
C.F.R. 63 e the FTA Administrator or his or her authorized representatives
including any PMO Contractor access to CONTRACTOR's records and construction
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
(b) The CCONTRACTOR agrees to maintain all books, records, accounts and
reports required under this Agreement for a period of not less than three (3) years after
the date of termination or expiration of this Agreement , except in the event of litigation
or settlement of claims arising from the performance of this Agreement , in which case
CONTRACTOR agrees to maintain same until the CITY, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all
such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.36(1)(11).
(c) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
FTA does not require the inclusion of these requirements in subcontracts.
8. Disadvantaged Business Enterprise
The CONTRACTOR agrees to take the following measure§iWcilitate participation by
disadvantaged business enterprises (DBE) in its perform f the Contract:
(a) The CONTRACTOR agrees to comply with s MW 110 f TEX21, 23 U.S.C.
§ 101 note, and U.S. DOT regulations, "Part' ion by Di ntaged Business
Enterprises in Department of Transportation F' al Assistance ms," 49 C.F.R.
Part 26.
(b) The CONTRACTOR agrees that it
color, national origin, or sex in the Ane sub -agreement supported with Fe
administration of its DBE progra
CONTRACTOR agrees to take all
Part 26 to ensure nondiscrimination
contracts and sub-agre uppo
DOT. The CONT E
approved by the OT, is i pc
Implementation DBE pr m
terms shall be tr as
t ' inate on the basis of race,
and pe a of any third party contract, or
is a
for under
ince ed from the U.S. DOT or in the
:quirem of 49 C.F.R. Part 26. The
;!jj4teps set forth in 49 C.F.R.
a stration of all third party
ason
stance derived from the U.S.
as requir d by 49 C.F.R. Part 26 and
reference and made part of the Contract
I obligation, and failure to carry out its
Contract. Upon notification to the
roved DBE program, the U.S. DOT may
C.F.R. Part 26 and may, in appropriate
lent under 18 U.S.C. § 1001, and/or the Program
§§ 3801 et seq.
1 D Terms
The precedin visi nclude, in part, certain Standard Terms and Conditions
required by DO , or not expressly set forth in the preceding contract provisions.
All contractual pro s required by DOT, as set forth in FTA Circular 4220.1 E, dated
June 19, 2003, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Contract. The CONTRACTOR shall not
perform any act, fail to perform any act, or refuse to comply with any CITY request,
which would cause the CITY to be in violation of the FTA terms and conditions.
10. Application of Federal, State, and Local Laws and Regulations
(a) Federal Laws and Regulations. Federal law or laws authorizing Contract
approval control Contract implementation. The CONTRACTOR acknowledges that
Federal laws, regulations, policies, and related administrative practices applicable to the
Contract on the date the authorized FTA official signs the Master Agreement or other
awarding agreement may be modified from time to time. In particular, new Federal laws,
regulations, policies, and administrative practices may be promulgated after the date
when the CONTRACTOR executes the Master Agreement or other awarding agreement,
and might apply to such agreement. The CONTRACTOR agrees that the most recent of
such Federal requirements will govern the administration of the Contract at any
particular time, unless FTA issues a written determination otherwise. FTA's written
determination may be issued as a Special Condition, Requirement, or Provision or
Condition of Award, a change to an FTA directive, or a letter signed by the Federal
Transit Administrator, the language of which modifies or otherwise conditions the text of
a specific provision of the Master Agreement. To accommodate changing Federal
requirements, the CONTRACTOR agrees to include notice i44rements
agreement with each
SUBCONTRACTOR and each third party CONTRACTORpating in the Contract
that Federal requirements may change and the changed will apply to the
Contract as required, unless the Federal Govern rmines otherwise. All
standards or limits within the Master Agreement a inequirements, unless
modified by FTA.
(b) State, Territorial, and Local Law. E
pre-empts State, local, or territorial law,
Contract shall require the CONTRACTORlanyy
provision, perform any other act, or do
territorial, or local law. Thus if ai vision or
Master Agreement or Contract viol territori
CONTRACTOR to violate State, ter is , al I
notify FTA immediately in writing. Sho this o
to make appropriatitiouse ents t o
Contract exped)
11. Covenan inst Con ent Fee
Bonus or Commissi O ffir hat it has not paid, and agrees not tc
of its Federal assistance application
ien a Federal staMWor regulation
sion the Ma., ter401keementMa.,or
force compliar�e with any
g in contravention of State,
nce with any provision of the
ocal law, or would require the
CONTRACTOR agrees to
Le CONTRACTOR agree
i necessary, terminate the
pay, any r co to
for the
12.4111111Wrohibition o
(a) of EthicCONTRACTOR agrees to maintain a written code or
standards duct that;II govern the performance of its officers, employees, board
members, or is in the award or administration of third party contracis or
sub-agreementsy Federal assistance. This code or standards of conduct
shall provide that RACTOR officers, employees, board members, or agents
may neither solicit nor accept gratuities, favors, or anything of monetary value from any
present or potential CONTRACTOR or SUBCONTRACTOR. The CONTRACTOR may
establish minimum rules where the financial interest is not substantial, or the gift is an
unsolicited item of nominal intrinsic value. This code or standards of conduct shall also
prohibit the CONTRACTOR officers, employees, board members, or agents from using
their positions in a manner that constitutes a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by State or local law or regulations, the
code or standards of conduct shall include penalties, sanctions, or other disciplinary
actions for violations by the CONTRACTOR officers, employees, board members, or
their agents, or by the CONTRACTOR, any SUBCONTRACTORS, or their agents.
(b) Personal Conflicts of Interest The CONTRACTOR's code or standards of
conduct shall prohibit CONTRACTOR employees, officers, board members, or agents
from participating in the selection, award, or administration of any third party contract or
sub -agreement supported by Federal funds if a real or apparent conflict of interest would
be involved. Such a conflict would arise an employee, officer, board member, or agent,
including any member of his or her immediate family; partner; or organization that
employs, or intends to employ, any of the above.
(c) Organizational Conflicts of Interest The CONTRACTOR's code or standards of
conduct must include procedures for identifying and preventing real and apparent
organizational conflicts of interest. An organizational conflict of interest exists when the
nature of the work to be performed under a proposed thir arty contract or sub -
agreement may, without some restrictions on future a ' result in an unfair
competitive advantage to the third party CONTRACT SUBCONTRACTOR or
impair its objectivity in performing the contract work.
Contract Work Hours and Safety Sta
The CONTRACTOR agrees to comply,
CONTRACTOR and each SUBCONTF
employee protection requirements for ci
(a) Overtime requirements
contracting for any I
employment of labor(
mechanic in any work
excess of forty hours
compensation at a rat(
hours worked in excer
(b) Violation
violation of the cla
any SUBCQ66W
the compliancd
.r the_ Contract,
third party
following
or SUBCONTRACTOR
iy require or involve the
,rmit any such laborer or
�on such work to work in
r or mechanic receives
the basic rate of pay for all
Dr aid wa assessments - In the event of any
h of this section the CONTRACTOR and
si shall be liable for the unpaid wages. In
and SUB TRACTOR shall be liable to the United
ssessments shall be computed with respect to each
C, ding watchmen and guards, employed in violation of
3ph f this section, in the sum of $ 10 for each calendar
was required or permitted to work in excess of the standard
out payment of the overtime wages required by the clause
its section.
(c) Withholdiunpaid wages and assessments — The CONTRACTOR shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the CONTRACTOR or SUBCONTRACTOR under any
such contract or any other Federal contract with the same prime CONTRACTOR, or any
other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime CONTRACTOR, such sums as may be
determined to be necessary to satisfy any liabilities of such CONTRACTOR or
SUBCONTRACTOR for unpaid wages and assessments as provided in the clause set
forth in paragraph (2) of this section.
(d) Subcontracts - The CONTRACTOR or SUBCONTRACTOR shall insert in any
subcontracts the clauses set forth in this section and also a clause requiring the
SUBCONTRACTORS to include these clauses in any lower tier subcontracts. The prime
CONTRACTOR shall be responsible for compliance by any SUBCONTRACTOR or
lower tier SUBCONTRACTOR with the clauses set forth in this section.
(e) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall
be maintained by the CONTRACTOR during the course of the Contract work and
preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fi fringe benefits or cash
equivalents thereof, daily and weekly number of hours wor deductions made and
actual wages paid. Whenever the Secretary of Labo found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic ' e amount of any costs
reasonably anticipated in providing benefits, the CO CT all maintain records
which show that the commitment to provide such fi s is en le, that the plan or
program is financially responsible, and that the r program has communicated
in writing to the laborers or mechanics aff and records whic w the costs
anticipated or the actual cost incurred in viding su benefits. C CTORS
employing apprentices or trainees under a ved ms shall ma ain written
evidence of the registration of apprenticeship s and certification of trainee
programs, the registration of thea tices and tr s, and the ratios and wage rates
prescribed in the applicable progra�
14. Environmental Requirem
The CONT CTO s that Federal and State laws imposing
environmental an urce ervatio quirements may apply to the Contract.
Some, but not a the major deral la hat may affect the Contract include: the
Clean Air Act, as ded, §§ 1 et seq. and scattered sections of 29
U.S.C.; the Federal P s amended, 33 U.S.C. §§ 1251 et seq.;
the Res rva d Recove , as amended, 42 U.S.C. §§ 6901 et seq.;
and t pre a nmental Response, Compensation, and Liability Act, as
am , 42 U.S.C. 960 seq. The CONTRACTOR also recognizes that U.S.
EPA, A and other eral cies have issued, and in the future are expected to
issue, tions, guide s, sta ards, orders, directives, or other requirements that
may affec Contract. s, the CONTRACTOR agrees to comply, and assures the
compliance ch SUB TRACTOR and each third party CONTRACTOR, with any
such Federal re as the Federal Government may now or in the future
promulgate. is w are requirements of particular concern to FTA and the
CONTRACTOR. Th CONTRACTOR agrees that those laws and regulations do not
constitute the CONTRACTOR's entire obligation to meet all Federal environmental and
resource conservation requirements.
(a) Clean Air
(1) The CONTRACTOR agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
The CONTRACTOR agrees to report each violation to the CITY and understands and
agrees that the CITY will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office.
(2) The CONTRACTOR also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
(b) Clean Water
(1) The CONTRACTOR agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The CONTRACTOR agrees to report each violation to the CITY and
understands and agrees that the CITY will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Ofk.
(2) The CONTRACTOR also agrees to include these
exceeding $100,000 financed in whole or in part wit
FTA.
15. Recycled Products
To the extent applicable, the CONTRA
regulations, "Comprehensive Procurement
Recovered Materials," 40 C.F.R. Part 247, im
Conservation and Recovery Act ,nded,
a competitive preference for produ r
protect the environment and are ene e
16. Lobby!
The CONTRA!
(a) Refrain
(b)
tier ach
Re ons or
1352.
(c) Co
use of Feder
legislature on I
in each subcontract
!stance provided by
comply 041IWU.S. EPA
for Products Containing
section 6002 of the Resource
§6962, and otherwise provide
Dnserve natural resources and
to support lobbying,
iliance of each third party CONTRACTOR at any
at any tier, with U.S. DOT regulations, "New
Part 20, modified as necessary by 31 U.S.C. §
statutory provisions to the extent applicable prohibiting the
nds for activities designed to influence Congress or a State
appropriations, except through proper, official channels.
17. Debarment and Suspension.
The CONTRACTOR agrees to comply, and assures the compliance of each third party
CONTRACTOR and SUBCONTRACTOR at any tier, with Executive Orders Nos. 12549
and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT
regulations, "Government wide Debarment and Suspension (Nonprocurement)," within
49 C.F.R. Part 29.
18. Transit Employee Protective Arrangements.
The CONTRACTOR agrees to comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the CONTRACTOR agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to t TA Recipient's project
from which Federal assistance is provided to support wor a underlying contract.
The CONTRACTOR agrees to carry out that work in c nce with the conditions
stated in that U.S. DOL letter. The requirements of thi n (a), however, do not
apply to any contract financed with Federal ass' t pro by FTA either for
projects for elderly individuals and individuals w' abilities a ed by 49 U.S.C.
§ 5310(a)(2), or for projects for nonurban zed authorized by S.C. § 5311.
Alternate provisions for those projects are rth in subsections ( d (c) of this
clause. �
(b) Transit Employee Protective Requirements cts Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individual
involves transit operations finan
authorized by 49 U.S.C. § 5310(a
determined or determines in the fu
U.S.C. § 5333(b) are ry
subrecipient for whic i
agrees to carry o Project
by the U.S. Sec of Labor
DOL guidelines at F.R.
conditions entifie
is set A ent
CON OR a to rm
co in compliant th
(c) Tra mployee Pr tive Requirements for Projects Authorized by 49 U.S.C. §
5311 in anized A - If the contract involves transit operations fnanced in
whole or in with eral assistance authorized by 49 U.S.C. § 5311, the
CONTRACTO omply with the terms and conditions of the Special Warranty
for the Nonurbani a Program agreed to by the U.S. Secretaries of Transportation
and Labor, dated M 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
Individual h Disabilities - If the contract
ole or rt with Federal assistance
)( n U.S. tary of Transportation has
tur at the ee ctive requirements of 49
or r state and the public body
ormed underlyi contract, the CONTRACTOR
omplia with the terms and conditions determined
meet the uirements of 49 U.S.C. § 5333(b), U.S.
nd mendments thereto. These terms and
of cert
ification to FTA, the date of which
or Co rative Agreement with the state. The
transit operations in connection with the underlying
ditions stated in that U.S. DOL letter.
(d) The CONTRACTOR also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
19. Substance Abuse
The CONTRACTOR agrees to comply with the following Federal substance abuse
regulations:
(a) Drug -Free Workplace. U.S. DOT regulations, "Drug -Free Workplace
Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §§ 702
et seq.
(b) Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent
applicable. The CONTRACTOR agrees to establish and implement a drug and alcohol
testing program that complies with 49 CFR Part 655, produce any documentation
necessary to establish its compliance with Part 655, and permit any authorized
representative of the United States Department of Transportation or its operating
administrations, the State oversight agency of California, or the CITY, to inspect the
facilities and records associated with the implementation of the drug and alcohol testing
program as required under 49 CFR Part 655 and review the testing process. The
CONTRACTOR agrees further to certify annually its compliance with Part 655 before
each February 15th, to submit quarterly Management Information System (MIS) reports,
and to submit annual MIS reports. To certify compliance the CONTRACTOR shall use
the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements," which is
published annually in the Federal Register.
L 1W
The CONTRACT
which provides tt
providing charter
one privat
the ex
U.S.C. 5323(d) and 49 CFR Part 604,
; of FTA assistance are prohibited from
:quipment or facilities if there is at least
rovide the service, except under one of
r service provided under one of the
not interfere with or detract from the
Pursuant to S
.3(f) and 49 CFR Part 605, CONTRACTORS and sub -
recipients of FT may not engage in school bus operations exclusively for
the transportations and school personnel in competition with private school
bus operators unless qualified under specified exemptions. When operating exclusive
school bus service under an allowable exemption, recipients and sub -recipients may not
use federally funded equipment, vehicles, or facilities.
22. Privacy Act
The following requirements apply to the CONTRACTOR and its employees that
administer any system of records on behalf of the Federal Government under any
contract:
(a) The CONTRACTOR agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements of the
Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the CONTRACTOR agrees to
obtain the express consent of the Federal Government before the CONTRACTOR or its
employees operate a system of records on behalf of the Federal Government. The
CONTRACTOR understands that the requirements of the Privacy Act, including the civil
and criminal penalties for violation of that Act, apply to those individuals involved, and
that failure to comply with the terms of the Privacy Act may result in termination of the
underlying contract.
(b) The CONTRACTOR also agrees to include these requirements in each
subcontract to administer any system of records on behalf of th deral Government
financed in whole or in part with Federal assistance provided A.
Appendix C
Required Forms
Form A
Lobbying Certification
The undersigned
or her knowledge and belief, that:
certifies, to the best of his
(1) 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 an 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, gr loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated fun een paid or will be paid
to any person for making lobbying contacts to an offs r e ee of any agency, a
Member of Congress, an officer or employee of C ss, or an oyee of a Member
of Congress in connection with this Federa ract, grant, or cooperative
agreement, the undersigned shall complete a mit Standard For , "Disclosure
Form to Report Lobbying," in accords ith its i tructions [a ended by
"Government wide Guidance for New Restr son ying," 61 Fe . eg. 1413
(1/19/96). Note: Language in paragraph (2) here n modified in accordance with
Section 10 of the Lobbying Discl Act of 1 .L. 104-65, to be codified at 2
U.S.C. 1601, etseq.)]
(3) The undersigned shall requir b
age o certification be included in
the award documents for all subawa lu subcontracts, subgrants,
and contracts under loans,pe agreements) and that all
SUBCONTRACTO I c and dccording
This certification ' material r esentatRWof fact upon which reliance was placed
when this transac as m entere o. Submission of this certification is a
prerequisite for maki saction imposed by 31, U.S.C. § 1352
(as ame a Lo Disclosu of 1995). Any person who fails to file the
requir is all ubject to a civil penalty of not less than $10,000 and not
mor $100,00 ac h failure.
[Note. suant to 31 C. § 2(c)(1) -(2)(A), any person who makes a prohibited
expends r fails to fil amend a required certification or disclosure form shall be
subject to H penalty of less than $10,000 and not more than $100,000 for each
such expendi r fail
The CONTRAC certifies or affirms the
truthfulness and ac cy of each statement of its certification and disclosure, if any. In
addition, the CONTRACTOR understands and agrees that the provisions of 31 U.S.C. A
3801, et seq., apply to this certification and disclosure, if any.
Signature of CONTRACTOR'S Authorized Official Date
Name and Title of CONTRACTOR'S Authorized Official
Form B
Certification Regarding Debarment,
Suspension, and Other Responsibility Matters
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below.
2. 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 eous certification, in
addition to other remedies available to the Federal Govern ity of Lodi may pursue
available remedies, including suspension and/or debarme
3. The prospective lower tier participant shall ode im to written notice to
City of Lodi if at any time the prospective lower ti icipant lea at its certification
was erroneous when submitted or has be erroneous by n of changed
circumstances.
4. The terms "covered transaction," "deba
covered transaction," "participant," " rsons," "I
"proposal," and "voluntarily exclud used
in the Definitions and Coverage se
[49 CFR Part 29]. You may contact of
those regulations.
" " nded," "ineligible," "lower tier
i overed transaction," "principal,"
in thi use, have the meanings set out
es imp ting Executive Order 12549
kwor a nce in obtaining a copy of
5. The prospec ' ower partici agrees by submitting this proposal that,
should the propo vered tr ction b tered into, it shall not knowingly enter into
any lower tier co transac ' with a pe who is debarred, suspended, declared
ineligible, or volunta xc ici on in this covered transaction, unless
authorize7includle
by odi.
6. a pr sped owe participant further agrees by submitting this proposal
tha ill he use "Certification Regarding Debarment, Suspension,
Ineligi lunt Excl n - Lower Tier Covered Transaction", without
modificaower covered transactions and in all solicitations for lower tier
covered tramtions.
7. A particia covered transaction may rely upon a certification of a
prospective particiMW 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.
8. 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 is
normally possessed by a prudent person in the ordinary course of business dealings.
Form B, page 2
9. 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, City of Lodi may pursue available remedies including suspension and/or
debarment.
10. The prospective lower tier participant certifies, by ission of this bid or
proposal, that neither it nor its "principals" [as defined C.F.R. § 29.105(p)] is
presently debarred, suspended, proposed for debar declared ineligible, or
voluntarily excluded from participation in this transacti ederal department or
agency.
11. When the prospective lower tier partici s unable to certi he statements
in this certification, such prospective pa ' t shall a tach an ex tion to this
proposal.
I certify (or declare) under penalty
SIGNATU
, that the going is true and correct.
TITLE / >• MCMPANY NAME
Form C
Price Proposal Form
Fixed Route, Paratransit and Demand Response
FY 2008/2009
Monthly Fixed Expense $
Cost Per Revenue Vehicle Hour $
Liability Insurance (General & Auto) $
TOTAL ANNUAL COST $
FY 2009/2010
Monthly Fixed Expense $
Cost Per Revenue Vehicle Hour $
Liability Insurance (General & Auto) $
TOTAL ANNUAL COST $
FY 2010/2011
Monthly Fixed Expense $
Cost Per Revenue Vehicle Hour $
Liability Insurance (General & Auto) $
TOTAL ANNUAL COST
FY 2011/2012
Monthly Fixed Expense $
Cost Per Revenue Vehicle Hour
Liability Insurance (Gen uto)
TOTAL ANNUAL CO $
C,]aIW`►
FY 2012/
Month e
$
Cos evenue e
$
Liab surance (Ge I &
$
TOTA UAL COST
$
FY 2013/20
Monthly Fixed ns
$
Cost Per Revenu Hour
$
Liability Insurance eral & Auto)
$
TOTAL ANNUAL COST
$
Form D-1 Line Item Operating Budget
Fixed Route, Paratransit and Demand Response
FY 2008/200 1 FY 2009/201 FY 2010/201 1 FY 2011/201 FY 2012/201 1 FY 2013/201
9 0 1 2 3 4
FIXED OVERHEAD EXPENSES
Management Wages
Management Benefits
Administrative Wages
Administrative Benefits
Office Expense &
Supplies
General Liability Ins.
Workers Compensation
Ins.
Fidelity Bond/Crime
Ins.
Insurance Deductible
Expense
Performance Bond
Communications
ADA Certification
Start -Up
Other Expenses
(Specify)
Other Expenses
(Specify)
Profit
TOTAL FIXED
EXPENSE
HOURLY EXPENSES
Driver/Fueler Wages
Driver/Fueler Benefits
Sched/Disp Wa
Sched/DispCafety
Uniform
Hiring/Trac Other Expen(Specify)
TOTAL HOURL
EXPENSE
Hiring/Training
Expenses
Maintenance Supplies
Other Expenses
(Specify)
TOTAL MILEAGE
EXPENSE
TOTAL OPERATING
EXPENSE
Expense/Revenue
Vehicle Hour
(GRAND TOTAL)
C.6
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFR DRAFT Transit Operations RFP.doc 02/29/2008
FORM D-2
Itemized Bi
Fixed Roub
Response
Managemei
Operatio
Safety &
Manager
Managemei
Vacation
Holiday
PTO
Medical/I
Insuranc
Life Insu
401(k)
Payroll T
Workers'
Compen
Administrai
Road Su
Accountii
Vault CIE
C.7
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
BTW Tr
Farebo;
Shuttle
Transit
Administr;
Vacatioi
Holiday
PTO
Medical
Insuran
Life Ins
401(k)
Payroll
Worker
Compei
Office Exp
Supplies
Copier'
Paper
Facility
Postag(
Facility
DSL Se
Utilities
Misc. O
Insurance
C.8
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
General Liability
Automobile Liability
Fidelity Bond/Crime
Insurance
Marketing
Insurance
Deductible/Expense
Performance bond
Communic.
Cell Phol
Radio U:
Telephor
ADA Certifi
Other Expe
Utility Su
Utility We
Other Expenses
Vacation
C.9
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
Holiday
PTO
Medical/Dental
Insurance
Life Insurance
401(k)
Payroll Taxes
Workers'
Compensation
Profit
Liability Insurance
Driver Wages
Revenue Wages
New Hire Training
Wages
Retraining & Safety
Meetings
Driver Ben
Vacatior
Holiday
PTO
Medical/
Insuranc
Life InSI
401(k)
Payroll l
WorkerE
C.10
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
Compensat
Lead Dispa
DispatcherE
Sched/Disp Bi
Vacation
Holiday
PTO
Medical/Del
Insurance
Life Insurar
401(k)
Payroll Taxi
Workers'
Compensat
Uniform
Hiring/Trainin,,
Recruiting
Backgrounc
Pull Notice
Safety & Tr
Program
Drug & Alcc
Program
Physicals
Other
C.11
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
Non -Rev Ve
Fuel/Maint
Trapeze Mai
Business Li(
Depreciation
DriveCam
Depreciation
Trapeze
Depreciation
Computers
Depreciation
Counter
Depreciation
Upgrade
Overhead
Hiring/Traininc
Expenses
Maintenance S
Vehicle Clea
Supplies
Other
C.12
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
ORM E-1
taffing Levels & Wages/Salaries (Full -Time)
ixed Route, Paratransit and Demand Response
:ONTRACTOR definition of full-time employee:
ull-time Employees
Db Classifications:
'rivers
'rivers
'rivers
'rivers
'rivers
'rivers
'ispatchers/Supervisors
►perations Manager
ftce/Clerical Staff
rainers
utility Staff
0 --Site Personnel*
Option
FY 2008/09 FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14
No. Scale No. Scale No. Sca No. Scale Scale No.
'lease list all benefits a full-time employee
ligible to receive such benefits.
FY 2008/09
TE for full-time employees:
on the terms of your price proposal. Include the time frame at which an employee is
FY 2010/11 FY 2011/12
'lease explain and justify any off-site personnel included in the price proposal.
C.13
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFR DRAFT Transit Operations RFP.doc 02/29/2008
Option
FY 2012/13 FY 2013/14
Scale
lefinitions: Full-time Equivalent (FTE) is calculated by dividing the total number of person hours by 2,080. "Wage Scale" should either be the hourly wage or monthly
alary. In the case of drivers, please indicate the number of drivers at differing hourly wage rates.
C.14
\\cvcfnp01\cityclerkshare$\publicworks\DRAFT Transit Operations RFP\DRAFT Transit Operations RFP.doc 02/29/2008
FORM E-2
Staffing Levels & Wages/Salaries (Part -Time)
Fixed Route, Paratransit and Demand Response
CONTRACTOR definition of part-time employee:
Part-time Employees
Job Classifications:
Drivers
Drivers
Drivers
Drivers
Drivers
Drivers
Dispatchers/Supervisors
Office/Clerical Staff
Trainers
Utility Staff
Off -Site Personnel*
FY 2008/09
No. Scale
Please list all benefits a part-time e
employee is
eligible to receive such benefits.
FY 2008/09
No. of part-time employees:
FY 2009/10 FY
No. Scale No.
Option
FY X011/12 2012/13 FY 2013/14
�� Scale Scale No. Scale
be eligOWrec�ased on the terms of your price proposal. Include the time frame at which an
0 FY 2010/11
*Please explain and justify any off-site personnel included in the price proposal.
Option
FY 2011/12 FY 2012/13 FY 2013/14
Definitions: "Wage Scale" should either be the hourly wage or monthly salary. In the case of dri\,ers, please indicate the number of drivers at differing hourly wage
rates.
Form F
Addendum Receipt
(Name of CONTRACTOR) acknowledges it has
received and read the following Addenda:
Addendum #
Addendum #
Addendum #
Addendum #
Addendum #
Addendum #
- eiill/_,101:19
19194
Signature
Signature
Form G
Non -Collusion Affidavit for Contractor
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN
1. That he/she is the (owner, partner, representative, or agent)
of A
(contractor) or (SUBCONTRACTOR).
2. That he/she is fully informed regarding the
for certain work in the City of Lodi, State of Cal
3. That his/her proposal is genuine and is
sive or a sham
4. That any of its officers, owners, agents, se
interest, including its this affiliate, has not in an
agreed, directly or indirectly, with ther CON
collusive or sham proposal in con th such c
proposal in connection with such c s in
sought by unlawful agreement or co ance
person to fix the prMropos
in
conspiracy, connivanul a t an
person interested iontrac , d,
5. That the price
by any collusion,
Dated thi?
California.
Signed:
Title:
declares and says:
nafter referred to as
nts of this proposal
r, employees, RF parties in
uded, conspired, connived or
OR, firm, or person to submit a
ct or to refrain to submitting a
directly or indirectly,
o%nner,
CONTRACTOR, firm, or
Wto'secure through collusion,
antage against City or any
I are fair and proper and are not tainted
nlawful agreement on the part of the
representatives, employees, or parties in
ry, that the foregoing is true and correct.
2008, at ,
Form H
Certification of Eligibility (Labor Standards)
included on the United States
Firms currently Debarred for
Labor Standard Provisions.
SIGNATURE
_ (Name of CONTRACTOR) hereby certifies that it is not
Comptroller General's Consolidated List of Persons or
Violations of Various Public Agreements Incorporating
DATE
TITLE COM
Form I
Certification of Primary Participant Regarding Responsibility Matters
The Primary Participant (Name of CONTRACTOR)
certifies to the best of its knowledge and belief, that it and its principals:
a. Have not within a three year period preceding this proposal been convicted or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, state or
local) transaction or contract under a public transaction; violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolgn property;
b. Are not presently under indictment for or otherwise Crim' or civilly charged by a
governmental entity (Federal, state or local) with comm' of any of the offenses
enumerated in paragraph (a) of this certification; and
c. Have not within a three-year period precedi
transactions (Federal, state or local) terminated
If the primary participant is unable to certify,
the participant shall attach an explanation to
THE PRIMARY PARTICIPANd
CONTRACTOR) CERTIFIES OR
OF THE CONTENTS OF THE S'
CERTIFICATION AND UNDERST,
SECTIONS 3801 ET SFMENEAPF
or more public
cation,
(Name of
LNESS AND ACCURACY
VON OR WITH THIS
VISIONS OF 31 USC
secretary) for the
_ has authority under state and
That the certification above has
local
been
Form J
Certification Disadvantaged Business
Enterprise Program/Equal Employment Opportunity
In accordance with Title 49, Code of Federal Regulations, Part 26, California Public
Contract Code Section 10115, and other applicable Disadvantaged Business Enterprise
("DBE") and Equal Employment Opportunity ("EEO") rules and regulations, the
CONTRACTOR declares that it had made a good faith effort to comply with established
DBE goals, and that it has made a good faith effort meet established EEO goals, as
evidenced below:
CONTRACTOR'S overall DBE participation rate:
2. Names/Locations of DBE's contacted by
3. Names/Locations of DBE's selected by
4. CONTRACTOR'S work force breakdo race ender:
TOTAL EMPLOYEES as of
JOB
CATEGORI
ES
Male Female
VA
k I&
IWIMMMMM
Officials &
Managers
%h,
1r1"4%A1EEEEE
al
Note: The above DBE/EEO Affidavit is part of CONTRACTOR'S Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this DBE/EEO
Affidavit.
SIGNATURE
DATE
TITLE COMPANY NAME
Form K
PROPOSER'S Bond Form
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT we,
, as Principal, and
as Surety, are held and firmly bound unto the City of Lodi,
hereinafter called CITY, in the penal sum of $25,000, submitted by said Principal to
CITY, for the work described below, for the payment of which sum in lawful money of the
United States, well and truly to be made, we bind ourselves, our heirs, administrators,
and executors and successors, jointly and severally, firmly by these presents. In no
case shall the liability of the Surety hereunder exceed $
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, the Principal has submitted the above-mentioned proposal to
operation of fixed -route, dial -a -ride and ADA paratransit services, for which
are to be opened at Lodi, California, on the 9th day of April 2008.
NOW, THEREFORE, if the aforesaid Princi
time and manner required under the Sp
presented to him/her for signature, enters int
in accordance with the proposal, then this obli
shall be and remain in full force andiffigue.
In the event suit is brought upon
the Surety shall pay all costs inCL
attorney's fee to be fixedJ1NJ6&o
NOTES:
CITY, for
proposals
the contr d within the
the presc forms are
Fact, in the pre ribed form,
null and void; otherwise, it
nd judgment is recovered,
Wit including a reasonable
our hands and seals on this
day of
1. Signature of those executing for the Surety must be properly acknowledged.
2. CITY shall retain bid bonds until City Council has accepted proposal and
awarded Agreement to successful CONTRACTOR. Following award CITY shall return
bid bonds within ten (10) working days.
Form L
RFP Process Integrity Rules
The City pledge is for the procurement process for public transit operations services to
be open, objective, carefully monitored, and understandable to all. The following rules
will be adhered to and enforced.
BEGINNING ON THE DATE OF THE ISSUANCE OF THE RFP FOR PUBLIC
TRANSIT OPERATIONS SERVICES, AND ENDING ON THE DATE OF THE AWARD
OF THE AGREEMENT FOR PUBLIC TRANSIT OPERATIONS SERVICES, ALL
COMMUNICATION INITIATED BY PROPOSERS OR REPRESENTATIVES OF
PROPOSERS AND THE CITY SHALL BE THROUGH TIFFA . FINK OF THE
PUBLIC WORKS DEPARTMENT AND SHALL BE IN WRIT Y FAX, EMAIL OR
LETTER). THE CONTACT INFORMATION IS AS FOLL
City Of Lodi
Public Works Department
Attn: Tiffani M. Fink, Tr
P.O. Box 3006
Lodi, CA 95241-191
Physical Address: 22
Email: tfink@lodi.gov
Fax: (209) 3�W10
OFFICIAL FOR THE PURPOSE OF
WILL RESULT IN DISQUAhAEICATI
ALL COMMUNIi
WILL BE DOCU
PROPOSERS.
Company Name:
Date:
Company Representative:
Title:
TION PROCESS
N PROCESS.
Y AND INDIVIDUAL PROPOSERS
SMITTED SIMULTANEOUSLY TO ALL
RECURME OR UTILIZE THIS PROCESS OF
IFIED OF ITS VIOLATION AND MAY BE SUBJECT
]e a?rd sign this statement as part of the RFP process.
ned copy of this statement with the RFP submittal.
I understand and accept the rules established in this
Form M
Willingness to Accept Proposed Arrangements
PROPOSER is in complete agreement with the proposed arrangements described in this
RFP and the attached Agreement, except as noted on attached pages. Please note that
in the event exceptions are taken, suggested specific language changes to the RFP or
the Agreement requirements must be submitted. Business term exceptions taken
without providing specific suggested language changes will result in disqualification.
Individuals authorized to commit the PROPOSER to this Agreement must be listed and
sign below.
S
T
T
C
S
T
T
C
S
T
T
C
Form M
Willingness to Accept Proposed Arrangements, page 2
RFP or Agreement Exception Suggested Changes
Form N
Certification Regarding Alcohol Misuse and Prohibited Drug Use
Certification Regarding Alcohol Misuse and
Prohibited Drug Use
1) As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited
Drug Use in Transit Operations," at 49 CFR part 655, subpart I, the undersigned certifies
that it has established and implemented an alcohol misuse and anti-drug program, and
has complied with or will comply with all applicable requirements of FTA regulations,
"Prevention of Alcohol Misuse and prohibited Drug Use in Tran t Operations," 49 CFR
part 655. x
2) The undersigned shall at all times comply with
policies, procedures and directives, including withot
reference in the Department of Transportatioeu
Agreement (FTA MA (13)), between CITY promulgated from time to time during the tercto so comply shall constitute a material bre a
FTA regulations,
listed directly or by
iinistration, Master
&amended or
ianed's failure
Form O
Acknowledgement of "Best Value" Selection Process
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate
Proposals on a "Best Value" basis, which the Federal Transit Administration's (FTA) Best
Practices Manual defines as follows:
"Best Value" is a selection process in which proposals contain both price
and qualitative components, and award is based upon a combination of
price and qualitative considerations. Qualitative considerations may
include technical design, technical approaAaus
" f proposed
personnel, and/or management plan. The an is based
upon consideration of a combination of techfactors to
determine (or derive) the offer deemed most and of the
greatest value to the procuring agency.
As a result, PROPOSER further ac
upon which Proposals are evaluated.
An individual authorized to bind the PROPOSE
Signature
Type Name
Title
Date
sole basis
must sign below:
Form P
Insurance Broker Certification of Compliance with Insurance and Bond
Reauirements
For each insurance coverage, the broker of record shall complete this form. Copies of
this form should be completed if more than one broker of record exists for placement of
all the required coverages.
NAME/FIRM NAME OF INSURANCE BROKER:
TELEPHONE, FAX,
the coverages marked below:
❑ ProposelWond
❑ Performance Bond
I have read the Request for Proposal, specifically Sections 4.4, 4.6, 4.7, regarding
bonding and insurance coverages, and the City's Insurance conditions described in
Appendix D, Section 24. 1 attest that the coverages purchased by Proposer comply with
the requirements of Appendix D, Section 24, and that the insurer and/or broker is
obligated to supply insurance and bid documents in full compliance with the
requirements set forth in Appendix D.
Indicate the premium rate for Automobile Physical Damage insurance coverage and
deductible below:
Exceptions to the insurance requirements may be indicated below. Specifically list the
section to which exception is stated, the nature of the exception, and the alternate
means of satisfying the requirement. The City reserves in its sole discretion whether to
accept or reject such exceptions. The listing of exceptions shall not serve as City
acknowledgement or acceptance of the listed exception.
Exception(s):
By my signature below, I attest to the ura info n provided above, and
that the insurance require nts will be t if t r is arded the contract. I
further acknowledge th oser a is security or bond should
the insurance requir s no compli h as set forth in Appendix D.
Broker
By Agnature belo�es� best of my knowledge that the information
Drovi�bove is true a orrec
Proposer Sig
Form Q
Safety Record
Certification
PROPOSER hereby certifies that the above information is true and correct.
Signature:
Name:
Title:
Date:
APPENDIX D
CITY TRANSIT VEHICLE INVENTORY
Current Transit Vehicle Inventory
*Note: City anticipates delivery of 2 additional Ford E-450 in Spring 2008
)01
1994
FORD
F350
TURTLE -TOP DAR BUS
)02
1994
FORD
E350
TURTLE -TOP DAR BUS
)12
2007
FORD
E450
STARCRAFT
)13
2007
FORD
E450
STARCRAFT
)14
2007
FORD
E450
STARCRAFT
)15
2007
FORD
E450
STARCRAFT
)16
2007
FORD
E450
STARCRAF
)17
2007
FORD
E450
STARC
)18
2007
FORD
E450
STAR
)19
2007
FORD
E450
STA F
)20
2007
FORD
E450
S FT ML
)21
2007
FORD
E450
CRAFT
)22
2007
FORD
E450
ARCRAFT
)23
2002
ELDORADO
AEROTECH
ELDO DAR BUS
)24
2002
ELDORADO
AEROTECH
LDO DAR BUS
)25
2002
ELDORADO
AEROTECH
O DAR BUS
)26
2002
ELDORADO
AEROTEC
E DO DAR BUS
)27
2002
ELDORADO
AEROTEC
EL D O DAR BUS
)28
2002
ELDORADO
AEROTECH
LDO DAR BUS
)30
1995
FORD
E-350
LE- DAR BUS
)31
1995
FORD
E
OP DAR BUS
)32
1995
FORD
TURTL OP DAR BUS
)33
1995
FORD
-350
TURTLE -TOP DAR BUS
)34
1995
FORD
E-350
TURTLE -TOP DAR BUS
)41
1991
AMTRAN
351
MTRAN GRAPELINE BUS
)44
2000
NAB'
GRAPELINE BUS
)45
2000
NAB
04
GRAPELINE BUS
)46
2000
N
0.1
GRAPELINE BUS
)47
2000
11
GRAPELINE BUS
)48
2000
NA
0 1
GRAPELINE BUS
)50
2001
CHA
I 16 T277
I TROLLEY CNG
APPENDIX E
SERVICE BROCHURES, SCHEDULES AND SYSTEM MAP
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ATTACHMENT F
CURRENT EMPLOYEE WAGE SCALE AND PROPOSED MINIMUM
STARTING SCALE
ATTACHMENT G
Agreement for the Provision of Fixed -Route, Paratransit and Demand
Response Services Operations Contract
CITY OF LODI FIXED ROUTE, PARATRANSIT AND DEMAND RESPONSE
DRAFT CONTRACT
THIS AGREEMENT is entered into in the City of Lodi, County of San Joaquin, State of
California, this day of , 2008, by and b2&n the CITY OF LODI,
a municipal corporation of the State of California, heri
of
as CONTRACTOR.
This Agreement is made with reference to
A. CITY has determin�ai
response Dial-A-Ri
the
to as CITY, and
knafter referred to
for paratransit, demand -
rice in the City of Lodi.
FOR PR1e capability to provide such
of Lodi, and CONTRACTOR is willing
with CONTRACTOR to provide such
has read and understands the terms and conditions of
for Proposals dated March 2008, and this contract and
certifies that he/she can perform the duties detailed therein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties hereto mutually agree as follows:
GENERAL TERMS AND CONDITIONS
"TRANSPORTATION MANAGER" means the Transportation Manager of the City of
Lodi.
"RFP" means the Request for Proposals (RFP 08/09 —13/14) for Fixed Route,
Paratransit and Demand Responsive Services Operations Contract with the City of Lodi.
"FTA" means the Federal Transit Administration, U.S. Department of Transportation.
"RFP" shall mean the Request for Proposals including all
or DOT" shall mean the United States Department of T
mean the City of Lodi's demand -response and
and Fixed Route" shall mean the City of Lodi
"VineLine and Paratransit" shall mean the
"Deadhead" shall refer to non -revenue time for
Municipal Service Center for fuel
upkeep, training and travel between
Dial -A Ride).
TERM OF AGRE
18 herein, this Agree
andto ing
by t at least 31
CITY ma ire C(
set forth herei ,
to it. "U.S. DOT
n. "Dial -A Ride" shall
"Grapeline
nt of vehicles to the
for bus washing and
off at the Station (for
of Paragraphs 14, 15, 16, 17, and
commencing on July 1, 2008
two (2) one (1) year options which may be exercised
end of the contract term or an extension thereof.
R to continue after such expiration of term, on the terms
onth basis not to exceed three (3) additional months.
CONTRACTOR shall utilize vehicles as provided by the CITY unless otherwise needed
by the CITY for expansion of service or use during a prolonged shortage of vehicles due
to accident or maintenance. The CITY shall be responsible for all maintenance to said
vehicles as outlined in the Request for Proposals and any appendices, as well as for
performing repairs to said vehicles in the case of accident. CONTRACTOR shall be
responsible for the cost of vehicle repairs as outlined in the Request for Proposals and
any appendices.
SERVICE. CONTRACTOR agrees that for the term of this Agreement CONTRACTOR
will supply customer information, telephonists/dispatchers, bus drivers, supervision and
management personnel, to operate CITY's system in a diligent
required in Appendix A - Scope of Work attached to this
herein by this reference as if fully set forth.
CITY reserves the right to unilaterally a
Agreement, and in the event that CITY so
"Payments to Contractor' provisions
days of the week in
road supervision
to negotiate an equ
careful manner as
and incorporated
of this
hours, CONTRACTOR
e rates set forth under the
hours of the day or
the addition of
r staff, CITY and CONTRACTOR agree
s fixed monthly rate.
CITY shall administer the provisions of this
CONTRACTOR agrees and warrants that if any
approval of a State or Federal regulatory agency, such as the California Public Utilities
Commission, is necessary for the validity or effectiveness of this Agreement, or for the
provision of any of the services specified herein, CONTRACTOR shall obtain such
approvals and advise CITY immediately of all actions or orders of the regulatory agency
affecting CONTRACTOR'S operation under the terms of this Agreement.
CONTRACTOR shall conduct all operations in strict compliance with all pertinent rules
and regulations, including those of the California Public Utilities Commission, including
but not limited to, General Order Number 98-4 "Rules and Regulations Governing
Passenger Stage Corporations and Charter -Party Carriers" and all supplements and
amendments thereto, to the extend that CONTRACTOR is subj to these regulations.
CITY shall not be responsible or liable for any penalty occ d by CONTRACTOR'S
violation or failure to comply with any pertinent rules
efforts to obtain such approvals shall be at CON]A
COPARTNERSHIP DISCLAIMER. The parties
this Agreement is intended or sha
the relationship of copartners
CONTRACTOR or its am
any manner whatdWer. The
hereunder is that of
EMPSYEE
pa
as
M93MMOKOW
S sole
and agree that nothing in
way creating or establishing
ng
of CITY, for any purpose in
the relationship between them
RACTOR shall be exclusively responsible for
satisfactialWall obligatioWhat may be owed to its employees, whether derived from
statutes, regulraents, or any other source both during and subsequent to
the term of this Agrend any carryover thereto.
As further consideration for the compensation to be paid by CITY to CONTRACTOR for
the provision of services called for by the Agreement, CONTRACTOR agrees to, and
will, defend, indemnify, and hold harmless CITY and its Council members, officers,
agents, and employees from and against the payment of any dismissal allowances,
displacement allowances, or any other costs, benefits, or expenses, including attorneys'
fees, arising from any claims, demands, or liabilities under Sections 13(c), 15(n) (1), or
any other provision of the Federal Transit Act of 1964, as said law now exists or
hereafter may be amended, or under any comparable provision of Federal, State, or
local law, or pursuant to the terms of any collective bargaining agreement to which
CONTRACTOR is a party, or pursuant to any personnel policie opted by
CONTRACTOR pertaining to its employees, asserted agai for the dismissal,
displacement, or other alleged injury owed to any em
SALARY AND BENEFITS.
of the CITY's current transportation contractor,
the same or greater salary and ben s
the Request for Proposals and any ap dice,
requirement, nothing AVIAhkment s
i) Hire any existin4 fployee
employment FTA d
a reiorv�nv oi� re
ope?gyp a motor veh
available'01hork without I
employee wh
citation or accident
Neray
11 hirII hir-managem�ployees
nsportation, Inc. (MV), at
curren MV as further set forth in
the above
require CONTRACTOR to:
position who fails to pass a pre-
employee who has been convicted of
abuse of alcohol or controlled substances while
ii) HlWy existing employee when such employee is not
at the start of this Agreement, or iv) Hire any existing
CONTRACTOR's minimum standards for motor vehicle
Nothing contained in this Agreement shall be construed to limit CONTRACTOR'S right to
manage its workforce (including existing employees), including its right to promote,
demote, hire, discipline, discharge, train, retrain or otherwise make personnel decisions,
subject to limitations imposed by law or any collective bargaining agreements.
CONTRACTOR shall not be required to assume any liability for pre-existing wages,
benefits, outstanding labor grievances or any other costs for existing employees where
such liability exists or was incurred prior to the start of this Agreement.
RELATIONSHIP OF PARTIES AND CONDUCT OF LABOR RELATIONS. The parties
intend that the relationship between them created by this Agr nt is that of CITY and
independent contractor. No agent, employee, subcontr ant, or volunteer of
CONTRACTOR will be deemed to be any employe ent, sery r volunteer of
CITY. Except as expressly provided herein spect to the contra c tandards set
forth, the manner and means of conducting th ice der the contro
CONTRACTOR, and CONTRACT ill be solel entirely responsible for its acts
and the acts of its agents, employee a nd vol rs during the performance
of the Agreement. CON OR will ct c of all its personnel,
agents, employees olunt CON CTOR shall be solely responsible for the
conduct of its labo tions a 'n s wit y unions or employee organizations
which IniodIIIIIIIIIIIIIN=Psen f CONT 'S employees. CONTRACTOR
ack dges that i bje he jurisdiction of the National Labor Relations Board
and, w spect to the j iction f the National Labor Relations Board and, with
respect to a im for r nition, allegation of unfair labor practice, or petition for
certification, it wi est the jurisdiction of the National Labor Relations Board to
entertain and resolve such matters, will submit to the jurisdiction of the National Labor
Relations Board, and will cooperate in expeditiously resolving any disputes brought
before the National Labor Relations Board concerning its employees; provided that, this
covenant shall not preclude CONTRACTOR from raising issues or defenses (including
CONTRACTOR's right to appeal) concerning any such claims, charges, or petitions.
It is understood by both CONTRACTOR and CITY that this Agreement shall not under
any circumstances be construed or considered to create any employer-employee
relationship or joint venture.
CONTRACTOR, its agents, officers, and employees are and,
terms of this Agreement, shall represent and conduct therm
contractors and not as employees of CITY.
CONTRACTOR shall determine the meth
and services to be provided by CONTRACTOR
If in the performance of this Agreem
CONTRACTOR, suchAtlftkall
supervision, and
wages, workin
emp
It is unde
CITY neither
times during the
as independent
e work
under the direction,
terms of employment including hours,
�fdischarging or any other terms of
shall be determined by the CONTRACTOR.
as an independent contractor and not an employee of
OR or CONTRACTOR'S assigned personnel shall have
any entitlement as a'WffY employee, right to act on behalf of the CITY in any capacity
whatsoever as an agent, or to bind the CITY to any obligation whatsoever.
It is further understood and agreed that CONTRACTOR must issue W-2 forms or other
forms as required by law for income and employment tax purposes for all of
CONTRACTOR'S personnel.
As an independent CONTRACTOR, CONTRACTOR hereby indemnifies and holds CITY
harmless from any and all claims that may be made against CITY based upon any
contention by any third party that an employer-employee relationship exists by reason of
this Agreement.
EMPLOYEE CONDUCT. CONTRACTOR will assure that
neat appearance and conduct themselves in a cou
will have the right to inspect the performance of
times. In the event that any employee is
performing properly the services required by
necessary corrective measures n
agreement between CONTRACTOR
employees.
CITY ACCESS TO
hours
the
r-ni i =fr nOMCD'
oyees present a
The CITY
at all
CONTRACTOR will initiate
plicable provisions of any
representing its
access to all vehicles during the
times which may be acceptable to CONTRACTOR for
surveys or related activities as CITY may deem
inistration of the provisions of this Agreement.
shall supply a call recording system for use with
the receptionists/dispatching. Said recording system shall be utilized to monitor all
incoming and outgoing telephone calls. All recordings shall be made available to the
CITY upon request. CONTRACTOR shall maintain taped recordings for six (6) months
unless otherwise directed by CITY staff.
BILINGUAL DISPATCH. CONTRACTOR shall utilize the bilingual capabilities of existing
staff to ensure the maximum level of service is provided to Transit patrons.
CONTRACTOR shall attempt to increase bilingual capabilities during future hiring (as
needed) for the dispatching/receptionist positions.
will provide and maintain an adequate supply of printed i
limited to, for distribution on vehicles and throughout ti
CONTRACTOR shall provide all necessary Zublic
/c
Contract term. Tickets shall be available tot
business hours as well as on vehicles as appli
available to the City of Lodi Fi
fare media shall be at the sole di
CONTRACTOR shall
through any adveq
ordered by CITY. Cl
info
CO
Me
exc
for
L
F,I? NG. CONTRACTOR
(including, but not
fare medi3qkWse during the
Vdi Station regular
nally, tickets shall be made
,y changes to tickets and/or
nager for the CITY.
ate bus ridership
promal effort or campaign directed and
�` ht to place advertising or rider
for or exterior of vehicles. If required by CITY,
ove such material as directed by CITY.
I any advertising material inside or outside the vehicles
INSURANCE AND INDEMNIFICATION
A. Insurance
CONTRACTOR shall provide at its own expense and maintain at all times the following
insurance with insurance companies licensed in the State of California and shall provide
evidence of such insurance to CITY, naming the CITY as additional insured, as may be
required by the Risk Manager of CITY. The policies or certificates thereof shall provide
that, thirty (30) days prior to cancellation or material change in the policy, notices of
same shall be given to the Risk Manager of CITY by certified mail, return receipt
requested, for all of the following stated insurance policies.
1. Workers' Compensation —in compliance with the s tes of the State of
California, plus employer's liability with a minimum of liabili 500,000. The Workers'
Compensation insurer shall agree to waive all rights of�roglWagainst CITY, its
agents, officers, employees, and volunteers for
CONTRACTOR for CITY.
2. General Liabilitv insurance with a
$2,000,000 for bodily injury and
single limit. This insurance shall ind
coverages and ind
broad form
completed
minim
for property
retention.
of liability per occurrence of
age or $2,000,000 combined
rance the following
premises and operations;
and subcontractors; and products and
of $20,000,000 for bodily injury and $5,000,000
The
insurance premiums for the automobile liability and property damage policy shall be split
50/50 with the CITY to cover the insurance costs for transit. The policies shall be placed
with such insurance carriers as required by CITY. CITY shall notify CONTRACTOR of
the coming year's premium and the CONTRACTOR's portion as soon as that
information is presented to the CITY. CITY shall issue a bill to the CONTRACTOR.
CITY will make one payment to the California Transit Insurance Pool (CaITIP) for the
total payment.
4. Employee Dishonesty insurance with a minimum limit of liability per
occurrence of $50,000. This coverage to insure all CONTRACTOR officials, agents and
employees with access to funds received by CONTRACTOR.
Q
If at any time any of said policies shall be
to form or substance, or if a company issuing such pol
unsatisfactory to CITY, CONTRACTOR shall pr
same to the Risk Manager for approval, an mit ce
provided. Upon failure of CONTRACTOR to fur
and certificates as above provided,*4&W_ement, a�
forthwith declared suspended, or to
maintain any requi
this Agreement, r�
otherwise limit the ob
C.
atisfactory to CITY, as
all asonably
i a new , submit the
thereof as nabove
or maintain such insurance
ection of CITY, may be
6RACTOR to obtain and/or
I11WTOR from any liability under
be construed to conflict with or
concerning indemnification.
, and volunteers shall be named as
additiona reds o/alli rance policies required herein, except Worker's
Compensation. OR'S insurance policy(ies) shall include a provision that the
coverage is primarycts CITY; shall include no special limitations to coverage
provided to additional insured; shall be placed with insurer(s) with acceptable Best's
rating of A:VII or with approval of the Risk Manager.
CONTRACTOR shall either require any subcontractor (if necessary) to procure and to
maintain during the term of any subcontract all insurance in the amounts and on the
terms specified above, or shall insure the activities of subcontractors in the amounts and
on the terms specified above.
D. Indemnification and Hold Harmless.
CONTRACTOR shall hold CITY, its elected and appointed officials, agents, officers,
employees, and volunteers, harmless from and save, defend
against any and all claims, losses, liabilities and damages
but not limited to injury to person or property or
include reasonable attorney's fees, and all
indirectly out of any act or omission of
omission arises from the sole negligence or
agents, officers, employees, or vol
obligations under this Agreement,
damage, cost or
and agents.
CITY ins
ope of the
CITY sha in
cause, includin
nify them
cause, including
the indemnity to
y or
CONTRACTOR, or its
ng the performance of its
, loss, liability,
ITY, its employees, officials
bile liability and property damage insurance for the
JEY agrees that CONTRACTOR'S duty to indemnify
to any claim, loss, liability or damage from every
to injury to person or property or wrongful death,
including reasonablaWtorney's fees, and all costs and expenses, arising directly or
indirectly out of any act or omission of CONTRACTOR, whether or not the act or
omission arises from the sole negligence or other liability of CONTRACTOR, or its
agents, officers, employees, or volunteers relating to the operation of passenger buses
and support vehicles pursuant to this Agreement and that CITY and CITY's insurer
waives any right of subrogation with respect to automobile liability and property damage.
BANKRUPTCY, ETC. The parties agree that the appointment of a receiver to take
possession of all or substantially all of the assets of CONTRACTOR, or a general
assignment by CONTRACTOR for the benefit of creditors, or any action taken by or
suffered by CONTRACTOR or its creditors under any insolvency or bankruptcy act shall
constitute a breach of this Agreement by CONTRACTOR and sl�l at the option of CITY
terminate this Agreement and the rights and privileges gragferein.
INTERRUPTION OF SERVICE. In the event
CONTRACTOR under this Agreement is intlq
cause, and service is discontinued in whole or
hours, CITY or another contractor
take temporary possession of CONT
all equipment suppl
required to'Werformed by
by a
eq
dispute oelWny other
than forty-eight (48)
I have the right forthwith, to
located therein, and
continuing the service
which CONTRAC4W has agreWo providW order that CITY can preserve and
protect the public intelillftprM1§11INW111111111MMi&dWrit of a service interruption, CITY
ine if continuation of the service in the manner
above best s'Ws thaWlic interest and welfare. CITY shall provide
insurancerage or its Wivalent for all CONTRACTOR'S items temporarily acquired
by CITY equal'lWt gamed by CONTRACTOR prior to CITYtaking control of said
items. CITY aareesWreat CONTRACTOR as an additional insured and hold
CONTRACTOR harmless to the same extent as provided by CONTRACTOR to CITY
under paragraph 12 of this Agreement. In the event CITY or another contractor takes
possession of said CONTRACTOR -supplied equipment, CONTRACTOR shall be
reimbursed by CITY for the actual cost of the temporary use of said facilities and
equipment. CITY shall have the right to possession of such facilities and equipment and
to render the required service until CONTRACTOR can demonstrate to the satisfaction
of CITY that required services can be reliably resumed by CONTRACTOR, provided,
however, that such temporary assumption of CONTRACTOR'S obligation under this
Agreement shall not be continued by CITY for more than one hundred twenty (120) days
from the date such operations were undertaken. Should CONTRACTOR fail to
demonstrate to the sole satisfaction of CITY that required servicescan be reliably
resumed by CONTRACTOR prior to the expiration of the algWentioned one hundred
twenty (120) days, this Agreement shall terminate and-FighiW privileges granted
in this Agreement shall be cancelled. During
assumed the obligations of CONTRACTOR/
and expenses applicable to said period, and
receive payment as provided for b
CONTRACTOR for performance and is
part of any month shaJ�CON
Employees of CONTPWgil 4
in whi e
TERMIN FOI
Agreement ar
defaults in the perfo
in which C114fts temporarily
this AgWLment, CITY1NJILpay costs
shall not be entitled to
22 herlq&4ny payments due
forces rendered during any
employed by CITY during any period
the DAR or Fixed -Route service under this section.
II the terms, conditions, and covenants of this
and in the event CONTRACTOR breaches or
ce of any such terms, conditions, or covenants which are to be
kept, done or performed by it, CITY shall give CONTRACTOR ten (10) days written
notice either by certified mail or by personal service, describing such breach or default,
and if CONTRACTOR fails, neglects or refuses for a period of more than ten (10) days
thereafter to remedy, or cure such a breach or default, then CITY without further notice,
may terminate this Agreement. In the event of termination of this Agreement as here in
above specified, CITY shall have the right to take immediate possession of all equipment
and facilities provided to CONTRACTOR by CITY and of the facilities and equipment
supplied by CONTRACTOR under the provisions of this Agreement. In the event CITY
does take possession of CONTRACTOR -supplied facilities and equipment,
CONTRACTOR shall be reimbursed by CITY for the actual cost of the temporary use of
said facilities and equipment. 1&.�
CONTRACTOR shall not be deemed in default of any 4We p ns of this
Agreement in the event of interruption or diminutio rvice ifs ondition is solely
the result of earthquake, flood, fire, riot, strike or disruption, w act of
terrorism, insurrection, or similar cause beyo control of CONT R and which
renders performance impossible. ijah,
in part at any time by giving written
personal delivery.
A. If CJ�Iects to tIMinate
th
in
TY may telWate this Agreement in whole or
certified mail or
for convenience during the
the date of commencement of this
to Proceed, CITY shall give
CONTFWTORW (30) days' prior written notice of said termination.
CONTRACWR shall promptly submit its termination claim to CITY for
has any property in its possession belonging
to C1.CONTRACTOR shall account for the same and shall dispose of
it in the manner directed by CITY.
B. If CITY elects to terminate this Agreement for convenience at any time
after the expiration of the three (3) years immediately following the date of
commencement of this Agreement as specified in the Notice to Proceed,
CITY shall give CONTRACTOR one hundred twenty (120) days' prior
written notice of said termination. CONTRACTOR shall promptly submit
its termination claim to CITY for payment. If CONTRACTOR has any
property in its possession belonging to CITY, CONTRACTOR shall
account for the same and shall dispose of it in the manner directed by
CITY. CONTRACTOR compensation shall be governed by paragraph 22.
WAIVER OF CLAIMS. Upon expiration or earlier termiW6n old
shall have the right to provide the services by
equipment, or pursuant to contract with othe,
agrees to forever waive any claim, of any sort
CITY'S operation, or contracting fo�a
In addition, as further
f4
right that it otherwise
trans n c
U.S. 602(e)), as i
hereby fo waive;
and further wa n
mentioned provision
its own e
reement, CITY
buses, or
se. C011ACTOR
inst CITY based upon
or any portion of it.
tidlWbe paid by CITY to
er, CONTRACTOR waives any
Whent to benefits afforded to private mass
,,Section 3(e) of the Federal Transit Act of 1964 (49
C
hereafter may be amended. CONTRACTOR also
fims of unfair competition that it otherwise might assert,
that otherwise might accrue to it under the above -
under any other similar or comparable provisions of the law.
NONASSIGNABILITY. This Agreement shall not be assigned by CONTRACTOR
without the prior written consent of CITY.
BUSINESS LICENSE. CONTRACTOR shall obtain all pertinent and required business
licenses, pay all fees and taxes required for such licenses, and keep such licenses and
tax accounts in good standing at all times.
FAITHFUL PERFORMANCE. The faithful performance by CONTRACTOR of each and
every term, condition, and provision of this Agreement i4su
made a condition
precedent for the payment of any sums agreed herein tCONTRACTOR by
CITY. CONTRACTOR shall post with the City Clerk ato approval of
CITY'S City Attorney and Director of Finance a r other accepNanrety
ity for use
of CITY. Such bond or security shall be ex d by CON CTO
company licensed to do business as such in the alifornia. Such bond or
security shall be in the amount of ed Fifty and and No/1001h Dollars
($250,000.00) and shall at all times b t in an ct. The bond and/or
security may be a ren (1) yea r secu and shall be renewed
annually before i iration da rovide wever, that such bond or security must
remain in full force an e ate CITY makes any demands for
paym e r s until CITY releases such claim. CONTRACTOR's
sure all not be hel
on hould surety fail to renew bond, however, in this
event, C CTOR m ubstitute a letter of credit drawn on a US Bank, in favor of
the CITY, in a mo o assure CITY of CONTRACTOR's performance hereunder.
Provision of such bdWor its equivalent, approved by CITY is a material covenant of this
Agreement.
VEHICLE SERVICE HOURS. For purposes of this Agreement, "vehicle service hour" is
defined as one (1) vehicle providing revenue passenger service for one (1) hour during
the hours of service herein specified. A vehicle service hour shall be deemed to have
commenced when a vehicle enters the DAR service area boundary as shown in
Appendix A of the Scope of Work for the purpose of providing passenger transportation
pursuant to the requirements of the Scope of Work. A vehicle service hour shall not
include any out -of -service vehicle time used for vehicle operator breaks or lunches. A
vehicle service hour shall end when a vehicle terminates the provision of DAR and/or
Fixed Route service by either exiting the DAR and/or Fixed Rou service area
boundary, or by returning to the CITY'S storage yard.
PAYMENTS TO CONTRACTOR_ 40V 14
Basic Consideration:
In consideration of the performance of the
agrees to pay to CONTRACTOR the following
set forth P1ftp, CITY
A RIDE and FIXED
Year Five Year Six
Payment for Additional Services: Additional services are those services which are
described in Exhibit I — Scope of Work as potential future services for which
CONTRACTOR payment will be adjusted should CITY require CONTRACTOR to
provide said services or those services not covered in the Agreement or Scope of Work
which CITY and CONTRACTOR mutually agree shall be performed by CONTRACTOR.
In the event that additional services are undertaken by CONTRACTOR, either at the
direction of CITY or as the result of an agreement between CITY and CONTRACTOR,
payment to CONTRACTOR shall be adjusted to compensate CONTRACTOR for actual
cost incurred to provide said additional services plus five percent (5%). CONTRACTOR
shall provide documentation of costs incurred satisfactory to CITY.
Invoice: Within ten (10) days following the end of each
furnish to CITY an invoice for service provided du
monthly report required by the Scope of Work
by CITY, which may revise said format at its'
CONTRACTOR shall be based upon said mo
modified by (b), (c), (d), (f), and (g)*%he�
days following the receipt and approvM saidl
subject to certifi
Agreement have
and Fixed Route
NTRACTOR shall
and the
Fe shall be in th at specified
disc6.retio Payments t
vehicle service hours as
be made within fifteen (15)
ly report by CITY,
of the conditions of this
paid to CONTRACTOR pursuant to the terms
hall be adjusted to compensate CONTRACTOR for
the number of vehicle service hours operated by the
number of vehicle service hours for Dial -A Ride (25,000)
After the end of each twelve (12) month period of this
Agreement (the "adjustment date"), the number of vehicle service hours operated during
the previous twelve (12) month period by the CONTRACTOR will be determined. If the
difference in vehicle service hours (either positive or negative) between said vehicle
service hours and 25,000 for Dial -A Ride and 25,000 for Fixed Route is greater than
twenty percent (20%) of 25,000 for Dial -A Ride and/or twenty percent (20%) of 25,000
for Fixed Route, the CONTRACTOR'S consideration during the ensuing twelve (12)
month period shall be adjusted (increased or decreased). If the difference in vehicle
hours is less than twenty percent (20%) for Dial -A Ride and/or twenty percent (20%) for
Fixed Route, no adjustment will be made. If an adjustment is necessary, the
CONTRACTOR'S consideration for each of the ensuing twelve (12) payments shall be
increased or decreased, as appropriate, by an amount equal to e -twelfth (1/12`") of the
total adjustment amount. If agreed upon by both parties, t ustment will be made in
one (1) lump sum. The adjustment amount shall be neIrteeen the CITY and
the CONTRACTOR. A&
PERFORMANCE PENALTIES. Through the awcontract, CITY and
CONTRACTOR agree to a system*"tLes inclu Appendix A: Scope of Work
to ensure the performance required ink ag
DISADVANTAGE BJ ESS EMERPRIMME
n that disadvantaged business
ent s as defin 49 Part 23 and 26 shall have the maximum opportunity
to parte a in the perfo nce o ontracts financed in whole or part with Federal
funds under'WgreemgM Consequently the DBE requirements of 49 C.F.R Part 23
and 26 apply to twment.
EQUAL EMPLOYMENT OPPORTUNITY/GENERAL REQUIREMENTS.
In connection with the execution of this contract, CONTRACTOR shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
age, or national origin. CONTRACTOR shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, age, or national origin. Such action shall
include, but not be limited to, employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. CONTRACTOR
further agrees to insert a similar provision in all subcontracts, e t subcontracts for
standard commercial supplies or raw materials.
If CONTRACTOR is required to submit and
Equal Employment Opportunity (EEO) pro that E
Federal Government is incorporated by referenc
Failure by CONTRACTOR to
as a violation of the Agreement. U
carry out the a
appropriate, in
req
Section
Environ
I Govern Afta m)roval of its
aoorBW by the
part of the Agreement.
program shall be treated
of its failure to
remedies, as it considers
shall comply with all applicable standards, orders, or
IJ06 of the Clean Air Act (42 U.S.C. 1857 (h)),
Act (33 U.S.C. 1368), Executive Order 11738, and
regulations (40 C.F.R., Part 15), which prohibit the use
under non-exempt FWeral contracts, grants, or loans of facilities included on the EPA
List of Violating Facilities. CONTRACTOR shall report violation to FTA and to USEPA
Assistant Administrator for Enforcement (EN -329).
TITLE VI CIVIL RIGHTS ACT OF 1964. During the performance of this Agreement,
CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:
Compliance with Regulations: CONTRACTOR shall comply with the Regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (49 C.F.R.), as they may be amended from time to time ("the
Regulations"), which are herein now incorporated by reference and made a part of this
Agreement.
Nondiscrimination: CONTRACTOR, with regard to
Agreement, shall not discriminate on the groun
national origin in the selection and retention
materials and leases of equipment.
or indirectly in the discrimination
employment practices when the co
Regulations.
Solicitations for Su
solicit eit
wor a perform
of equip eact
CONTRACTO
relative to nondisci
origin.
by it during the
age, or
including IVment of
participate either directly
of Regulations, including
rth in Appendix B of the
of Materials and Equipment: In all
bidding or negotiations made by CONTRACTOR for
including procurement of materials or leases
or supplier shall be notified by
R'S obligations under this contract and the Regulations
on the grounds of race, religion, color, sex, age, or national
Information and Reports: CONTRACTOR shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by CITY or Federal Transit Administration, as appropriate, and shall
set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of CONTRACTOR'S noncompliance with the
nondiscrimination provisions of this contract, CITY shall impose such contract sanctions
as it or the Federal Transit Administration may determine to be Apropriate, including,
but not limited to:
Withholding of payments to CO
CONTRACTOR complies, alq
Cancellation, termination or su
(a) through (f) in
materials and leases
means
however, that
litigation with a su
until
contract, in whole or in
provisions of paragraph
subcontract, including procurement of
by the Regulations, or directive
R shall take such action with respect to any
or Federal Transit Administration may direct as a
sions including sanctions for noncompliance; provided,
NTRACTOR becomes involved in, or is threatened with,
or supplier as a result of such direction, CONTRACTOR
may request CITY, and, in addition, CONTRACTOR may request the services of the
Attorney General, in such litigation to protect the interest of the United States.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers shall require
or permit any such laborer in any work week in which he or she is employed on such to
work in excess of forty (40) hours in such work week unless such laborer receives
compensation at a rate not less than one and a half (1 '/2) times the basic rate of pay for
all hours worked in excess of forty (40) hours in such
Violation: Liability for Unpaid Wages, Liquidated Dama=
of the clauses set forth in paragraph (a) of this s CO
subcontractor responsible therefore shall b e for the i
such CONTRACTOR and subcontractor shall be aA
damages. Such liquidated damag com
laborer employed in violation of the cl se
the sum of ten dollars �ch cal v
or permitted to wqJW excess
payment of the ove
secti
In1iftvent of any violation
any
)aid
id wages. dition,
United States for liquidated
respect to each individual
ara�h (a) of this section, in
on w such individual was required
< week of forty (40) hours without
fuse set forth in paragraph (a) of this
Unpaid WMs and Liquidated Damages. The CITY shall upon its own
action or upon n r st of an authorized representative of the Department of
Labor withhold or c e to be withheld, from any money payable on account of work
performed by the CONTRACTOR or subcontractor under any such contract or any other
Federal Contract with the same prime contract, or any other Federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any
liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (b) of this section.
Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractor to include
these clauses in any subcontractor or lower tier subcontractor
in this section. A
PROHIBITED INTEREST. No official, officer, o
tenure or one (1) year thereafter shall have
Agreement or the proceeds thereof.
INTEREST OF MEMBERS OF, OR
U.S.C. Section 431,
shall be ad
coninterest, is 019
debarred rs' list mai
CO
or defib, the
the clauses set forth
his or her
CONEIRESS. In accordance with
of the United States
orA;;
his A ement or to any benefit arising therefrom.
RACTOR, including any of its officers or holders of a
ed orm CITY whether or not it is or has been on any
�ed by the United States Government. Should
on such a list during the performance of this project, it shall
promptly so inform OW. CONTRACTOR shall not award a contract of any amount to
any party included on said debarred bidders' list.
CARGO PREFERENCE. CONTRACTOR shall abide by 46 U.S.C. Section 1241 (13)(1)
and 46 C.F.R. Part 381 which impose cargo preference requirements on shipment of
foreign made goods.
FEDERAL GRANT CONDITIONS. This Agreement is subject to a financial assistance
contract between CITY and the United States Department of Transportation (DOT),
Federal Transit Administration (FTA). CITY and DOT agree to comply with all terms and
conditions respectively required of them by reason of that contract. If FTA requires any
change to this Agreement to comply with its requirements, both rt=es agree to amend
this Contract as required by FTA. If such changes cause ease or decrease in the
work to be performed by CONTRACTOR or in the tim
compensation to be paid to CONTRACTOR ando
adjusted.
agrees that, absent the Federal Goverl
Government shall notAMP&o any
connection with t4Wrformance]the req
hen the
;quitably
CONTRACTOR
nt, the Federal
or IMMies to CONTRACTOR in
of this Agreement.
CONTRACTOR recognizes
uirements off@ Pro7fflft Fraud Civil Remedies Act of 1986, as amended,
apply to itWions pertain= to this Agreement. Accordingly, the CONTRACTOR
certifies or affiMWe !MWIness and accuracy of any statement it has made, it makes,
or it may make pertc'Wg to the actions covered by this Agreement. In addition to other
penalties that may be applicable, CONTRACTOR also acknowledges that if it makes a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, on CONTRACTOR to the extent the Federal
Government deems appropriates.
REPORTING, RECORD RETENTION, AND ACCESS.
At a minimum, CONTRACTOR agrees to provide to FTA those reports required by U.S.
DOT's grant management rules and any other reports the Federal Government may
require. IAL
CONTRACTOR agrees that, during the course of the
thereafter, it will maintain intact and readily acc
records, contracts, and supporting material ing 1
Government may require for the project.
Wrct a r three (3) years
all data, doc ts, reports,
theiroiect as the ral
Upon request, CONTRACTOR agree per crefNWf Transportation and the
Comptroller General o States autho representatives, to inspect
all project work Is, payrol nd oth ta, and to audit the books, records, and
accounts of CONT rs pertaining to the project. In
accor i C. 25(a), CONTRACTOR agrees to require each
sub ctor whose c ct a is not based on competitive bidding procedures as
defined b Secretary ransportation to permit the Secretary of Transportation and
Comptroller G lo nited States, or their duly authorized representatives, to
inspect all work, ma Is, payrolls, and other data and records involving that contract
and to audit the books, records, and accounts involving that contract as it affects the
project.
AIR QUALITY.
CONTRACTOR agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
CONTRACTOR agrees to comply with applicable requirements of U.S. Environmental
Protection Agency (EPA) regulations, "Conformity to Stateorod,
al Implementation
Plans of Transportation Plans, Programs and Projects DevFunded or Approved
Under Title 23 U.S.C. or the Federal Transit Act," 40
"Determining Conformity of Federal Actions to
40 C.F.R. Part 93. To support the requisite
CONTRACTOR agrees to implement each air q
incorporated in the project. CO
applicable State Implementation Plan
wholly consistent
described in the
CO
Subpart T; and
Plans,"
project,
on and control measure
project identified in an
Control Measure, will be
scope of the project
and require each subcontractor to any tier to report any
Ling from any project implementation activity of
and the appropriate U.S. EPA Regional Office.
R agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. § 1251 et seq.
CONTRACTOR agrees to report and require each subcontractor at any tier to report any
violation of these requirements resulting from any project implementation activity of a
subcontractor or itself to FTA and the appropriate U.S. EPA Regional Office.
DRUG AND ALCOHOL TESTING. CONTRACTOR agrees to establish a drug and
alcohol testing program that complies with C.F.R. Parts 653
documentation necessary to establish its compliance with
any authorized representative of the United States
operating administrations, the State Oversight
the facilities and records associated with
of California,
, produce any
and 654, and permit
or its
to inspect
the drug dl Icohol
testing program as required under 49 C.F.R. Pa 654 and review the testing
process. CONTRACTOR agrees ertify an its compliance with Parts 653
and 654 before March 1 of each year to s Ma�pment Information
System (MIS) reports h 1 of r to C Transit Manager. To
certify complianc CONTRA R shat the "Substance Abuse Certifications" in
the "Annual List of Ce for Federal Transit Administration
nts," which is published annually in the Federal
CONTRACTOR
agrees to comply w?WII applicable requirements of the Americans with Disabilities Act
of 1990 (ADA), 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act of 1973,
as amended, 29 U.S.C. § 794; 49 U.S.C. § 5301(d); and all regulations promulgated to
implement the ADA and Section 504 of the Rehabilitation Act of 1973, as amended, as
may be applicable to CONTRACTOR.
CHARTER SERVICE OPERATIONS. CONTRACTOR agrees that while performing
work in connection with this Agreement it will not engage in charter service operations,
except as permitted by 49 U.S.C. § 5323(d) and FTA regulations, "Charter Service," 49
C.F.R. Part 604, and any amendments thereto that may be issued. Any applicable
charter service agreement required by these regulations is incorporated by reference
and made part of this Agreement.
SCHOOL BUS OPERATIONS. CONTRACTOR ag
subcontractor performing work in connection
bus operations for the transportation of
competition with private school bus operators,
5323(f) and FTA regulations,
amendments thereto that may be i
by these regulations
FEDERAL. STATE
shall
ord
DISPUTE RESOL
age in school
to
rmitted by 49 U.S.C. §
C.F.R. Part 605, and any
bus agreement required
part of this Agreement.
R warrants and covenants that it
with all applicable Federal, State, and local laws and
and regulations issued by any authority of
of its performance of this agreement.
CLAUSE. All claims, controversies or disputes arising out of
or relating to this contract, or the breach, termination, enforcement, interpretation or
validity of the contract, including the determination of the scope or applicability of this
clause shall be determined by binding arbitration in Lodi, California, by one (1) arbitrator.
The American Arbitration Association shall administer the arbitration under its Rules then
in effect, subject to the modifications of those rules contained in this clause. This
Agreement to Arbitrate shall be specifically enforceable under the prevailing law of any
court having jurisdiction, and the award rendered by the arbitrator may be entered in any
court having jurisdiction. The appropriate venue for any arbitration under this clause
shall be in San Joaquin County, California.
This clause is not intended to and does not waive the claim fil
California Government Code Section 900 et seg. In the
sufficient claim is filed by CONTRACTOR with CITY,
or in part by CITY, this clause shall result in the
of all the issues presented in the claim. Cla
CONTRACTOR to arbitration pursuant to the
Association within ninety (90) days
CONTRACTOR. Otherwise, the cla
entirety.
4
The "fast track" rules
count es
DO S. In arbitrE
have the r to on
CITY and CO C
three (3) deposition
n quirements found at
at a timely and legally
s rejected in whole
ial an ing resolution
TY shall be itted by
erican Arbitration
rejection by CITY to
klged finally waived in their
d�Association shall apply to any claim or
DRIED FIFTY THOUSAND AND 00/100 ($150,000.00)
ding under the "fast track" rules, the arbitrator shall
epositions be taken and other discovery be made. Both
II have the right, upon written notice, to take no more than
the other as a matter of right.
Whether or not CONTRACTOR and CITY may be engaged in interstate commerce, any
controversy or dispute mentioned above shall be determined by and the parties shall be
bound by the substantive law of the State of California, and not the Federal Arbitration
Act at 9 U.S.C. Section 1 et seq.
The arbitrator may grant any remedy or relief deemed just and equitable under the
circumstances, whether or not such relief could be awarded in a court of law. The
arbitrator shall be empowered to award monetary sanctions against a party. The
arbitrator shall, in the written award, allocate all the costs of the arbitration, including the
fees of the arbitrator and the reasonable attorney fees of the
party who did not prevail. The prevailing party shall be
majority of the central issues in the case are resolved.
Notwithstanding anything in this clause to
power to award punitive damages or other
damages (excluding litigation cost
arbitrator's powers under this
of punitive damages
court with res
CO
failure to do
ling party, against the
in whose favor the
Fine
by the party's actual
rty. This limitation of the
exclusion of the issue
to vest jurisdiction in a
all subcontracts, if any, a clause whereby the
in an arbitration between CITY and
work of the subcontractor to be joined. CONTRACTOR'S
The parties to any contract of which this clause is made a part by reference or otherwise
shall, and hereby do, waive any rights provided by Title 9.2 of the California Code of Civil
Procedure, Section 1296. The arbitrator's award shall be deemed final, conclusive and
binding to the fullest extent allowed by California law.
WAIVER. The waiver by CITY of any breach or violation of any term, covenant, or
condition of this Agreement or of any provisions, ordinance, or law shall not be deemed
to be ordinance, or law.
ENTIRE AGREEMENT. This contract consists of this City of Lodi Fixed Route,
Paratransit and Demand -Response Operations Contract Scope of Work incorporated by
this reference as if fully set forth herein); and CITY'S Requ Proposals for City of
Lodi Fixed Route, Paratransit and Demand -Response s Contract (the "RFP");
CONTRACTOR'S proposal submitted in respt e RFP, CONTRACTOR'S
Best and Final Offer. Should conflicts exi4teP
hese documen s Agreement
and Exhibit I shall control over the RFP; r:ial Offershal ntrol over
CONTRACTOR'S Proposal.
representation between CITY and
NOTICES. Any
Agreement shall
States maw
any other oral or written
iven under the provisions of this
W personally or by deposit in the United
Ci Lodi
Works Director
Box 3006
21 West Pine Street
Lodi, CA 95241-1910 (95240)
TO CONTRACTOR
Or at such other addresses as the parties may file with each other for such purpose.
IN WITNESS WHEREOF, the City of Lodi, a municipal corporation, has
caused this Agreement to be executed in duplicate by its City Manager and attested by
its City Clerk under authority of Resolution No. , adopted by Council of the City of
Lodi on the day of , 2008, and CONTRACTOR has caused this
Agreement to be executed.
CIT
By:.
By:
By:
Corporations — signature of two (2) officers required or one (1)
officer plus corporate seal
Partnership — signature of partner required
Sole Proprietorship — signature of proprietor required