HomeMy WebLinkAboutAgenda Report - May 1, 1996 (84)AGENDA TITLE: Approve Request for Proposal (RFP) for Management and Operations Services for
City of Lodi Transit
MEETING DATE: May 1, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council direct the City Manager to advertise and otherwise
disseminate the RFP for management and operations services for Lodi's
transit service and set the date of June 14, 1996 at 4 p.m. as the time to
open proposals.
BACKGROUND INFORMATION: The City Council has directed staff to prepare an RFP for the
management and operation of the City's transit services. The City
entered into an agreement with James Brown and Associates to
assist in the preparation of the RFP. We are satisfied the proposal
before Council tonight will provide us with a number of vendors who can successfully continue the
operation of GrapeLine and Dial -a -Ride.
This proposal was developed with the goal in mind of determining the most cost-effective manner of
providing these services. A base proposal was established which covers all the costs of drivers,
dispatchers, fuel, record keeping and other like administrative functions. Six bid alternatives are also
proposed which include equipment maintenance, vehicle garaging, dispatch and administrative offices,
insurance, radio maintenance, and maintenance of shelters and benches. These alternative bid items
can then be added to the base proposal in any combination the City chooses.
With this information, we can "build" a package to provide management and operations services which
are in the City's best interest. The RFP includes a time frame for submitting proposals. The specific
dates which the Council should be aware of are:
May 15, 1996 Pre -proposal Conference (pre-bid)
June 14, 1996 Open Proposals
August 7, 1996 Decision on Vendor or City Operation by City Council
Council is respectfully requested to approve the RFP and direct the City Manager to advertise and
otherwise disseminate the proposal.
FUNDING: None at this time.
(�JaL. Ronsko
is Works Director
Prepared by Jerry L. Glenn, Assistant City Manager
JLR/JLG/Im
Attachment
APPROVED:
H. Dixon lynn -- City Manager
TRNMORFP.DOC 04/22196
NOTICE OF REQUEST FOR PROPOSALS
for Management and Operation of
Fixed Route and Dial -a -Ride Transportation Services
for the
City of Lodi
PUBLIC NOTICE IS HEREBY GIVEN that sealed proposals will be received in the office of the City of
Lodi, until 4:00 p.m. on Friday June 14, 1996 for:
Fixed Route and Dial -a -Ride Transportation management and operation services, together with
incidental and appurtenant equipment, facilities and services necessary thereto, and in accordance with the
provision and specifications there, as contained in the Request for Proposals dated May 1, 1996 together
with any Addenda, which are on file in the office of the:
City of Lodi
Department of Public Works
305 W. Pine Street
Lodi, California 95241-1910
Copies of the above mentioned specifications and required proposal forms may be obtained by
interested parties by contacting:
Jerry L. Glenn
Assistant City Manager
at the address above, or by telephone at (209) 333-6800 (607).
The City of Lodi reserves the right to reject or accept any or all proposals or to provide for all or
part of the work to be done by the City of Lodi itself. Proposals or portions thereof received after the time
and date specified above will not be accepted. The selection will be based on the responsiveness, price,
and financial responsibility of the Proposers and the quality of the service proposed to be provided.
Proposals shall be in writing and shall comply with the specific format and order as indicated in
this Request for Proposal. Each proposal must include the Forms provided by the City of Lodi in the
Request for Proposal dated May 1, 1996, or as may be amended by Addenda. Responses shall be specific,
complete, and to the point. Incomplete proposals may result in a rejection of the proposal. Proposals may
be used as part of the final contract documentation and thus may be binding on the Contractor.
In providing the Public transportation services under this contract, the CONTRACTOR agrees to
comply with and observe all provisions of the California Vehicle Code, Administrative Code, and all other
applicable laws, rules and regulations laws prescribed by the State of California, State and Federal
Department of Transportation, and any other governmental agency and the City of Lodi, relating to the
provision of public transportation services.
Please see the complete Request for Proposal for specific communication, comment and protest
procedures.
May 2, 1996
Jerry L. Glenn
Assistant City Manager
RE: Request for Proposals: Management and Operation of City of Lodi
Fixed Route (GRAPELINE) and Dial -a -Ride (DAR)
Transportation Services
To Prospective Proposers:
The City of Lodi, hereinafter referred to as "LODI" is seeking a qualified organization or firm to
provide the day-to-day operation and management of the LODI's GRAPELIKE and DAR transportation
systems. The management and operations contract including start-up will cover approximately a 33 -month
period from Oct. 1, 1996 through June 30, 1999., with the option of up to three additional one-year
renewals. The DAR service includes both demand -responsive and subscription service components.
LODI is circulating this Request for Proposals (RFP) in response to the goal of providing improved
transportation services for their customers at a lower cost. It is believed that by providing these contract
services a coordinated manner that there can be a significant savings in overhead and some operating costs
Through this RFP LODI is seeking several alternatives or options which will assist LODI to assess the
optimal organization structure for this project.
LODI desires to use the proposal process to determine several possible areas of responsibility for LODI
and the successful CONTRACTOR. These are described as Alternatives in the attached RFP. Proposers
are encouraged to submit technical and cost proposals on all of these Alternatives; however, it is not
necessary to make proposals on all Alternatives to be responsive to the RFP.
LODI also requests prospective respondents to utilize the "Question and Comment" period to
contribute to the continuing refinement of LODI's transit services. Questions and comments relating to the
proposal process and service specification may be raised at the Proposer's Conference on May 1, 1996.
Written questions should be received by LODI by Monday, April 29, 1996 so that all attendees can receive
a copy of any questions and comments. Please refer to pages II -4 of this RFP for a complete schedule of
the process.
If you wish to respond, please carefully review all of the attached material and submit a signed
original and five copies of the proposal and all required forms, together with one coversheet/receipt for any
RFP addenda. This material must be sent in seal envelopes marked "CITY OF LODI FIXED ROUTE
AND DIAL -A -RIDE TRANSPORTATION PROPOSAL" with the name of your organization or firm
clearly indicated. Proposals must be received no later than 4:00 p.m. on Friday June 14, 1996.
Thank you for your interest.
Sincerely,
Jerry L. Glenn
Assistant City Manager
CITY COUNCIL
DAVID P. WARNER, Mayor CITY OF L O D I
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY C. DAVENPORT CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
STEPHEN J. MANN
JACK A. J.
MANN
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6842
April 23, 1996
James Brown and Associates
Attn: Jim Brown
2163 Cottage Way
Sacramento, CA 95825
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
SUBJECT: Approve Request for Proposal (RFP) for Management and Operations
Services for City of Lodi Transit
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, May 1, 1996, at 7 p.m. This item was rescheduled from the
meeting of April 17, 1996. The meeting will be held in the City Council Chamber,
Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for
the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Jerry Glenn at
(209) 333-6800, extension 607.
Jack L. Ronsko
Public orks Director
JLR/lm
Enclosure
cc: City Clerk
NTRNMORFJ=
REQUEST FOR PROPOSAL
for the management and operation of
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
requested by:
CITY OF LODI
May 1, 1996
CITY OF LODI TRANSIT SYSTEM
FIXED ROUTE AND DIAL -A -RIDE TRANSPORTATION
SERVICES
REQUEST FOR PROPOSALS
TABLE OF CONTENTS
Page
Cover letter
Notice Inviting Proposals
I. INTRODUCTIONBACKGROUND/SUMMARY
White Sheets
A.
Service Area
I-1
B.
History
I-2
C.
Present Lodi Service
I-2
D.
Other Lodi Area Transportation
I-3
E.
Base Proposal
I-3
F.
Alternatives
I-5
G.
Preference to Present Employees
I-6
II PROCUREMENT PROCESS AND SCHEDULE
Pink Sheets
A.
Proposal Format and Required Information
II -1
B.
Project Schedule
II -4
C.
Questions and Comments Regarding RFP
II -5
D.
Protests
II -6
E.
RFP Addenda
II -6
F.
Selection Process
II -6
G.
Award
II -7
H.
Verbal Agreement or Conversation
II -7
III
I.
Funding Considerations
II -7
J.
Pre -contractual Expenses
II -8
K.
Exceptions and Alternatives
II -8
L.
Options, Changes, or Termination
11-8
M.
Non -Exclusivity of Contract
II -9
N.
Non -collusion Affidavit
II -9
0.
Ownership of Proposal Materials
II -10
P.
Bid Security
II -10
Q.
Equal Opportunity Status Report
II -10
R.
Federal Transit Administration Required Certifications
II -10
and Contract Requirements
S.
Lodi Disadvantaged Business Enterprise Goals
II -11
SCOPE
OF WORK Green
Sheets
A.
Base Service Responsibility of Contractor
1. Management
III -3
2. Personnel, Replacement, Liaison
III -4
3. Driver Training
III -5
4. Marketing and Promotion
III -7
5. Reporting and Record Keeping
11I-8
6. Safety and Security
III -10
7. • Telephone Information Service •
III -11
8. Farebox Revenue
III -12
9. Licenses
III -12
10. Uniforms
I1I-12
11. Drug and Alcohol Testing Compliance
III -13
12. CalTip Safety Audit
III -13
13. Fuel
III- l 3
14. Equipment Maintenance
III -13
15. Insurance
III -14
B.
Responsibilities of the City of Lodi
1. System Planning and Administration
III -15
2. Promotion, Marketing and Customer Service
III -16
3. Radio Frequency and Equipment
III -16
C.
Alternatives
1. Equipment Maintenance
III -17
2. Garaging Facility
III -21
3. Radio Maintenance
III -22
4. Vehicle Insurance
III -22
5. Administrative and Dispatch Facilities
III -22
6. Maintenance of bus stops and shelters
III -23
D.
System Operation
1. Notification of Service Change
III -23
2. Facilities and Equipment
III -25
3. Accident Procedures
III -26
4. Employee Work Rules
III -27
5. Lodi Transit Services Policies and Standards
III -29
EXHIBIT 1 --INVENTORY OF EQUIPMENT PROVIDED
BY THE CITY OF LODI
EXHIBIT 2 --PERFORMANCE BASED PENALTY PROGRAM
IV REQUIRED PROPOSAL FORMS
Yellow Sheets
A.
Proposal Questionnaire
IV -1
B.
Staffing
IV -10
C.
Budget Proposal Forms
IV -11
D.
Statement of Principals
IV -21
E.
Designated Subcontractors
IV -22
F.
Proposal Checklist
IV -23
Required Certifications and Contract Provisions
IV -23
V. TRANSIT SERVICE AGREEMENT
Blue Sheets
City of Lodi
FIXED ROUTE AND DIAL -A -RIDE TRANSIT SERVICES
REQUEST FOR PROPOSALS
for
MANAGEMENT AND OPERATIONS SERVICES
Section I.
INTRODUCTION, BACKGROUND, and SUMMARY OF SERVICE
The City of Lodi (hereafter also referred to as 11 LODI 11), is
seeking proposals from qualified proposers for management and
operation of a public fixed route and paratransit dial -a -ride
services.
The schedule for implementation and start-up of the service
is shown on pages II -4 of this Request For Proposal (RFP). LODI's
objective is to have this service contract in operation starting
as close to October 1, 1996 as practicable.
LODI which constitutes the basic service area is an urbanized
area located in the San Joaquin Valley in the central portion of
the State of California. The primary industries are agriculture,
food processing some light industry and services.
The City provides public transit services within its boundaries
and limited adjacent areas in Northern San Joaquin County. The
GRAPELINE, a fixed route transit.service,•operates within the Lodi
City limits. The Dial -a -Ride service area consists of the Lodi
City limits, plus the unincorporated areas of Woodbridge, the
Arbor Mobile Home Park in Acampo, and the Freeway Mobile Home Park
located south of the city limits. Service to these unincorporated
areas is provided under a contractual arrangement between LODI and
San Joaquin County. The total service area is approximately 18.5
square miles. A map of the service area is included in Attachment
I.
Page I-1
! � f
LODI's transit program began in January 1978 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. LODI took over the dial -a -ride
program in September 1992 and has operated the Dial -a -Ride program
since that date with city contract employees. LODI added its fixed
route service in November 1994 in response to community interest.
The current population of the Lodi urbanized area is approximately
60,000 persons residing within the 18.5 square miles of the.
service area.
LODI's Grapeline Fixed Route Transit Service began operating
on November 25, 1994. The system is made up of four routes
operating on one-half hour headways using a "pulse" design
centered on the downtown transfer point. There are
opportunities to transfer to the SMART intercity service at
this downtown transfer center.
The Grapeline operates Monday through Friday between the
hours of 6:30 a.m. and 6:30 p.m. and on Saturday between the
hours of 8:00 a.m. and 6:00 p.m. It is anticipated the
Grapeline will operate approximately 14,320 vehicle service
hours and approximately 200,000 service miles per year.
Dial -a -Ride services are available to any person in the
service area. The dial -a -ride service is available Monday
through Friday between the hours of 6:30 a.m. through
7:OOP.M.; on Saturdays from 7:30 a.m. to 6:30 p.m. and,
between 12:00 noon to 5:00 p.m. on Sundays.
Dial -a -Ride services operates on a demand response
scheduling basis so that the passenger can receive service on
the same day requested, generally within forty-five minutes
of their request for service. At the passenger's option, an
advanced reservation for service may be requested. It is
Page I-2
LODI's intent that there be no denials or "turndowns" of
passenger requests for service although some desired pickup
times may be adjusted.
This service will operate an estimated total of 17,200
vehicle service hours and 200,000 service miles annually.
.LODI is also served by a number of other local and regional
public transit providers.
SMART
SMART is the county/regional transit operator in San Joaquin
County. SMART operates two routes that service LODI on a daily
basis.
LODI is also served by the San Joaquin County Transit System which
provides demand responsive transit service to seniors, disabled
and low income persons between LODI and other parts of San Joaquin
County.
Greyhound provides service to LODI with three northbound and three -
southbound trips each day.
LODI is served by one local .taxi . company which offers service 24
hours a day, seven days a week.
LODI is interested in suggestions from prospective proposers
to help further define and refine the current combined fixed route
and dial -a -ride transportation service design. Proposers are
requested to utilize the "Question and Comment" period for this
purpose. Suggestions regarding refinements of service alternatives
Page I-3
and options, incentive or penalty provisions, proposed service
standards and other aspects of this RFP are invited.
All questions and comments must be received by LODI not later
than the Proposers' Conference scheduled for 10:00 A.M. on
Wednesday, May 15, 1996 in the City of Lodi Council Chamber,
Carnegie Forum, 305 W. Pine St. Lodi, California. Further detail
is provided in Section II -C of this RFP. Responses to questions
will be mailed to known recipients of this RFP no later than
Wednesday, May 22, 1996.
LODI is seeking proposals for the management and operation
of LODI's fixed route and dial -a -ride services. The base proposal
covers basic services with alternative additions focusing on the
provision of vehicle maintenance, garaging, dispatch and
administrative facilities, insurance and radio maintenance. LODI
also seeks a proposal for the maintenance of LODI bus stops and
shelters.
Under the base proposal LODI will provide the transit
vehicles, system planning and marketing services, radio frequency,
base station and mobile radios for each of the vehicles.
Unless modified by Alternative Additives described below, the
base proposal shall at a minimum require the CONTRACTOR to be
responsible for:
* day to day management of the system;
* All drivers, dispatchers, supervision,
personnel for the service;
* Driver Training;
* Certification of user eligibility;
* Record keeping and reporting;
* Fuel;
*
Safety;.
* Information;
* Farebox Revenue
* Licenses
* Drug Testing Compliance
and related
A more detailed definition of each task will be included in
Section III of this RFP.
Page I-4
In addition each Proposer is requested to give a cost estimate to
cover the following functions:
Under Alternative I the Proposer will provide all vehicle
maintenance including maintenance facilities, lubricants, parts
and labor.
Under Alternative II the Proposer will provide a secured
storage facility for all vehicles including necessary parking
facilities for the drivers.
Under Alternative III the Proposer will provide for the
maintenance of all the radio equipment using a licensed radio
equipment maintenance firm.
Under Alternative IV, the Proposer will provide liability
and physical damage insurance in the amount of $10,000,000 and
collision insurance up to the replacement cost of the vehicles.
Under Alternative V, Proposer will provide administrative and
dispatch facilities to be located within the Service Area.
•�� • c •_M MR
Under Alternative VI, Proposer will provide maintenance for
the bus stops and shelters for LODI's fixed route system.
Page I-5
Directions and formats for Cost Proposals for the base cost
and each of the various alternatives are included in the REQUIRED
PROPOSAL FORMS (Section IV -D of this RFP). One full set of forms
(Fixed Costs and Variable Costs) is required to be submitted for
each of the proposed Alternatives. Both price and quality of
service will be considered in the selection of LODI's CONTRACTOR.
.. ; •616YAN
It is LODI's expectation that contractor will give preference to
employees who are currently providing this service as long as the
employees meet the hiring qualifications of CONTRACTOR.
The City of Lodi has defined a "minimum benefit program" that all
bidders will be required to provide their employees:
The minimum salary for employees now employed who have
successfully completed all training and are working as drivers is
$7.50 per hour. The City provides medical, and vision coverage
for each employee and and allows employees to purchase insurance
for their qualified dependents. Full time employees accrue
vacation and sick leave at the rate of eighty (80) hours per year.
Present full time employees are enrolled in the Public Employees
Retirement System and part time employees are covered by Social
Security.
Page I-6
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ATTACHMENT 1A
Section II.
PROCUREMENT PROCESS AND SCHEDULE
FIVER-TeRNW3We) agR i s • --mem 4 \ •Cus` •
Proposals should be typed and as brief as possible and should
not include promotional material, unless provided as an exhibit to
more thoroughly answer the questions posed in the required
Proposal Forms.
Proposals must be received at the City of Lodi, Office of the
City Manager, no later than 4:00 P.M., June 14, 1996. Proposals
must be delivered to:
Jerry L. Glenn
Assistant City Manager
City of Lodi
Department of Public Works
221 West Pine Street
P.O. Box 3006
Lodi, California 95241-1910
If mail delivery is used, the proposer should mail the
proposal early enough to provide for arrival by this deadline.
Proposer uses mail or courier service at Proposers own risk.
LODI will not be liable or responsible for any late delivery of
proposals. Proposals or parts of proposals received after the
date and time specified will not be considered and will be
returned to the proposer unopened. No "FAX" copies of proposals
will be accepted.
Each proposing firm must submit one original and five copies
of their Proposal, in sealed envelope(s) marked:
"CITY OF LODI
FIXED ROUTE AND DIAL -A -RIDE TRANSPORTATION PROPOSAL"
Firm Name of Proposer
Page II -1
Each proposal, to be considered responsive, must include, at
a minimum, the fully completed, signed and dated REQUIRED PROPOSAL
FORMS from Section IV of this RFP as follows:
A)
B)
C)
D)
E)
PROPOSAL QUESTIONNAIRES, with all ATTACHMENTS;
STAFFING
BUDGET PROPOSALS
STATEMENT OF PRINCIPALS
Other Proposal Information,
Service -level alternatives
Certifications required by
Administration.
including proposals on
and options; and
the Federal Transit
Additionally, proposals must be accompanied by a signed cover
sheet of any RFP ADDENDA issued. A checklist of these
requirements is included in Section IV.
Any proposal which indicates a conflict of interest (a "yes"
answer to Question # 1 of the PROPOSAL QUESTIONNAIRE) will be
considered non-responsive and will be rejected.
As a method of providing LODI security that the CONTRACTOR
shall perform the services requested to the level and standards
outlined in this RFP, LODI is requesting a performance bond in the
amount of 1000 of the proposed first year annual contract cost.
Proposers may suggest alternative surety mechanisms, for LODI's
consideration, within the Question and Comment process (see
Section II -C of this RFP).
If the proposal consists of a "prime" contractor and one or
more subcontractors, the proposer shall identify the
subcontractors in the areas of their responsibility; but LODI will
enter into an agreement only with the prime contractor who shall
be responsible for all services required by the attached
Agreement. Each proposer is required to complete the form
entitled "Designation of Subcontractors" which is provided in this
RFP. LODI reserves the right to require information regarding the
responsibility of the bidders proposed subcontractors, and to
disallow participation by any subcontractor who cannot provide
recent proof of responsibility on previous contracts within the
past three (3) years.
Page II -2
By submitting a proposal, the proposer certifies that
Proposer's name as well as the name of proposed subcontractors)
does not appear on the Comptroller General's list of ineligible
contractors for federally -assisted projects.
The proposals shall be opened at a formal opening, at which
time the proposals will become public and available for public
inspection. All proposals, addenda, and enclosures submitted by
the proposers shall become the property of LODI and shall become
public record.
Any proposal submitted prior to the deadline may be withdrawn
prior to the date and time set for opening thereof. Proposals may
be withdrawn by telegram, by letter, or in person by a proposer or
an authorized representative possessing proper identification and
written proof of their authority to act on behalf of the proposer.
If withdrawn in person by a proposer or a representative of the
proposer, the person withdrawing the proposal will be required to
sign a receipt for the proposal.
Page II -3
B) PROJECT SCHEDULE
Activity/Event Date
1) LODI Approves RFP May 1, 1996
Wednesday
2)
Pre -Proposal Conference (LODI City
May 15, 1996
Council Chambers)
10:00 A.M.
Wednesday
3)
Deadline for submitting questions in
writing regarding the process,
May 17, 1996
specifications and RFP
Friday
4)
LODI response to questions
May 22, 1996
mailed to known recipients of RFP
Wednesday
5)
Deadline for submitting
May 31, 1996
Protests to LODI
12:00 Noon
regarding process or specifications
Friday
6)
LODI response to any protests
June 4, 1996
mailed to protesters(s)
Tuesday
7)
Proposals Due; public
June 14, 1996
proposal opening
4:00 P.M.
Friday
8)
Review and Evaluation Period
June 17 -July 19, 1996
9)
Tentative Date for Interviews,
July 10,11,or 12 1996
if needed
Wednesday - Friday
10)
Award/Selection by LODI
Aug. 4, 1996
11)
CONTRACTOR starts revenue
On or about
service
Oct. 1, 1996
NOTE: Dates, including start-up date, are subject to change at
the sole discretion of the City of Lodi.
Page II -4
C) QUESTIONS AND COMMENTS REGARDING RFP
A Pre -Proposal Conference will be held at 10:00 a.m. on
Wednesday, May 15,1996 in the Council Chamber of the City of Lodi,
305 W. Pine St. Lodi, California. All interested potential
proposers are encouraged to attend.
LODI strongly encourages prospective proposers to consider
innovative and cost-effective means to provide fixed route and
dial -a -ride services. The "Question and Comment" process is
viewed by LODI as an important element in the design and
development of the transit system, and proposers are seen as
active and constructive participants in this process. Questions
which seek to clarify the meaning of sections of the RFP or of
procedures are welcome.
In particular, comments or suggestions regarding the proposed
service standards, incentive or penalty provisions, and
refinements of the service options are invited.
In addition, or as an alternative, to the preproposal
conference., questions may be submitted in writing (SAX is
acceptable), prior to 5:00 p.m. on Friday May 17, 1996 to:
Jerry L. Glenn
Assistant City Manager
City of Lodi
Department of Public Works
221 West Pine Street
P.O. Box 3006
Lodi, California 95241-1910
FAX # (916) 333-6807 '
No changes to the RFP will be made verbally. A response to
the questions will provide answers to clarify the meaning of
sections of the RFP or to clarify procedures. The response will
be mailed to all known recipients of the RFP by May 22,1996, as
an addendum to this RFP. Addenda will be mailed to proposers at
the address they supply. The cover -sheet to this, and any other,
Page II -5
addenda must be signed and returned as part of the proposal
package.
.Any prospective proposer/contractor wishing to protest any
aspect of the process or specifications for this Request for
Proposals process must do so in writing to Jerry L. Glenn,
Assistant City Manager, City of Lodi.
Any protests must be received by 12:00 Noon, on Friday May 31,
1996. Any protest must be specific and must include proposed
relief of the issue(s) raised. All protests will be reviewed by
LODI staff for issuance of an RFP addendum or rejection of the
protest. The decision of LODI is final. A response to any
protest(s) will be sent to the protesting party(ies) not later
than May 13, 1996.
,Any changes to the RFP requirements will be made by addendum.
All Any
will include a Cover sheet/Acknowledgment which must
be returned by being signed and attached to the Required Proposal
Forms. Failure to attach any addenda shall cause the proposal to
be considered non-responsive. Such proposals will be rejected.
All addenda will be mailed to each prospective proposer on
the List of RFP Recipients (see Attachment) and will also be
provided along with the original RFP when requested by a proposer
not on the existing list. The proposer shall be responsible for
utilizing the Question and Comment process and the protest process
to resolve any concerns or questions resulting from the RFP and
any addenda issued. All addenda shall become part of the contract
documents and all proposers -shall be- bound by such addenda,
whether or not received by the proposer.
LODI will award the contract to the proposer whose proposal
is deemed to be in the best interest of LODI. Factors to be
considered will include, but not be limited to, responsiveness,
price, financial responsibility of the proposer(s), quality of the
Page II -6
Section III.
SCOPE OF WORK
This section describes the services to be performed by the
CONTRACTOR and LODI, respectively, in providing fixed route and
dial -a -ride services for the City of Lodi Transit System. This
work scope describes all of the work to be performed whether by
CITY or CONTRACTOR. The determination of who will provide the
services, based on the alternatives described in =the Summary of
Base Service and Service Provision Alternatives (Section III -A & C
of this RFP) .
The services to be provided under "Base Service" include two types
1) Dial -a -Ride and 2) Fixed Route. Base service will require a
total of approximately 31,250 vehicle service hours each year and
will require seventeen vehicles which will be provided by LODI.
As used throughout this RFP, the term "Vehicle Service Hour"
means:
That time during which a revenue vehicle is available to
carry passengers and which includes only those times between
the time of the first passenger pick-up and the last
passenger drop-off during a period of the vehicle's
continuous availability. A vehicle is in revenue service
despite a no-show or cancellation, if the vehicle remains
available for passenger use. Vehicle service hours include
those times during which a vehicle has dropped off a
passenger and is traveling to pick up another passenger, but
not those times when the vehicle is unavailable for service
due to a lunch or other break. Vehicle service hours exclude
times of "deadhead" travel to the first pick-up and from the
last drop-off back to the.CONTRACTOR's office or terminal.
1) DIAL -A -RIDE services are to be provided to any person in
the service area. The dial -a -ride service is available Monday
through Friday between the hours of 6:30 a.m. through 7:00
p.m.; on Saturdays from 7:30 a.m. to 6:30 P.m. and, between
12:00 noon to 5:00 P.M. on Sundays. This service shall be
operated on a "demand response" scheduling basis so that the
Page III -1
passenger can receive service on the same day requested,
generally within forty-five (45) minutes of their request for
service. At the passengers option, an advanced reservation
for service may be requested.- It is LODI's intent that there
be no denials or "turndowns" of passenger requests for
service within the established service hours and service
area. Unless otherwise specified, the dial -a -ride part of the
overall service program will be curb -to -curb nfor all
passengers. The maximum service includes providing assistance
to a passenger from the portal of their residence to the
actual on-site location of their destination and return. In
no case will the driver enter a passenger's residence nor
will the driver provide assistance for more than 5 steps.
This service will operate an estimated total of 17,200
vehicle service hours annually.
At a minimum, CONTRACTOR'S administrative/dispatch offices
are expected to be open during Monday through Friday from
6:00 a.m. through 6:30 p.m. and Saturday from 7:30 a.m. and
6:30 p.m.
(2) Fixed Route services for the general public operate
Monday through Fridays, 6:30 a.m. to 6:30 p.m. and on
Saturdays from 8:00 a.m. to 6:00 p.m. for an estimated
maximum total of 14,320 vehicle service hours annually
No service will be provided on the following holidays:
* New Year's Day
* Memorial Day
* Independence Day
* Labor Day
* Thanksgiving Day
* Christmas
Page III -2
A. BASE SERVICE RESPONSIBILITY OF CONTRACTOR
Unless modified by Alternatives described below, Base
Service will, at a minimum, require the CONTRACTOR to be
responsible for:
* day to day management
* All drivers, dispatchers, supervision,
personnel for the service;
* Driver Training;
* Certification of user eligibility;
* Information Services
* Record keeping and reporting;
* Safety
* Farebox Revenues
* Licenses
* Drug Testing Compliance
* Fuel
1) Management
and related
CONTRACTOR will manage the day-to-day operation in accordance
with the adopted operations plan and good management practices.
Management of day-to-day operations of the system will be
vested in a local Operations Manager/Site Supervisor who will be
experienced in all aspects -of public transit operations. The
person serving as Operations Manager shall be approved by LODI.
In the event that the Operations Manager must be replaced, such
replacement shall be subject to the prior approval of LODI.
LODI intends that the Operations Manager/Site Supervisor
shall be on a full-time basis -and shall not perform any other
duties for contractor, being solely dedicated to management and
operation of LODI's transit system operations. This person must be
authorized to act throughout the service area on behalf of
CONTRACTOR If site supervision is provided on other than a full-
time basis, contractor shall explain in their proposal how they
will ensure that all contractual and service obligations of this
RFP will be met.
Page III -3
The above individual(s) will be responsible for managing and
monitoring all aspects of the system operation, maintenance,
repair, supply of on-line and spare vehicles, warranty work,
quality of service, accounting, fare collection, personnel, and
contract administration. The Operations Manager and CONTRACTOR
shall supply LODI a 24-hour emergency telephone number at which
Operations Manager or CONTRACTOR can be reached.
Contractor shall also designate a responsible senior
executive employee of Contractor who will be available during
hours of operation either by phone or in person, to make decisions
and/or provide coordination as necessary. This senior executive
likewise must be authorized to act throughout the service area on
behalf of CONTRACTOR.
CONTRACTOR shall seek out and implement methods of improving
system operations, service and cost effectiveness along with
improvements to correct deficiencies and substandard performance.
Results will be reported to LODI via the monthly activity report
or direct memo along with any corrective actions which have been
taken. CONTRACTOR shall review and comment on plans, equipment
purchases, operative changes, and related proposals of LODI.
In addition, CONTRACTOR shall certify its operations and
workplace as a Drug -Free Workplace and shall participate in an
Employee Substance Testing procedure as required by federal and
state regulations subject to LODI approval.
2) personnel Replacement and Liaison
The CONTRACTOR shall provide all management, drivers,
dispatchers, telephone information operators, road supervision and
such other personnel necessary to responsibly operate LODI transit
system,•including any required -on -board security or supervision.
CONTRACTOR will recruit, screen, hire, discipline and train
personnel as necessary; conduct monthly safety and other related
employee meetings as necessary; and perform liaison activities
with LODI and other agencies related to execution of this
contract. A copy of employee benefits, work rules, and any
applicable union contracts shall be provided to LODI. CONTRACTOR
Page III -4
shall meet and coordinate with LODI on a frequent basis, not less
than once a week.
CONTRACTOR shall supervise all drivers to the end that they
are courteous to all patrons at all times and respond to patrons'
questions regarding use of the transit system or connecting
systems accurately.
CONTRACTOR will also attend meetings with user groups or
agencies as required and upon request of LODI. CONTRACTOR shall
also attend meetings of LODI committees or LODI City Council upon
request including the annual "Unmet Needs" hearings.
Upon request by LODI, CONTRACTOR will be responsible for
making presentations to community organizations concerning LODI
transit services and shall report monthly to LODI on its marketing
activities.
3) Driver Training
CONTRACTOR shall provide training for all personnel working on
this contract. It is the sole responsibility of the CONTRACTOR to
insure that each individual is fully knowledgeable of their duties
and responsibilities and can operate a bus in a safe manner. It is
also the CONTRACTOR's responsibility to provide the necessary
training to insure that each driver meets, or exceeds, the minimum
qualifications for a General Public Paratransit Vehicle driver, as
outlined in Title 13 of the California Code of Regulations and HPH
82.7, California Highway Patrol Passenger Transportation Safety
Handbook. Contractor shall also establish and maintain driver
records pursuant to Title 13 C.C.R. and HPH 82.7, subject to
review by LODI and CHP. It is also the Contractors,
responsibility to provide additional training if the training
requirements specified by LODI-are insufficient. This training
must be completed before a driver can enter unsupervised passenger
service.
a. There shall be an additional 40 hours of instruction on
contractors policies and procedures, radio procedures, schedules,
routes, fare collection, transfer policies, accident procedures,
accident report writing, passenger handling, passenger empathy and
wheelchair transportation.
Page III -5
b. In addition to this training there shall be:
1. a minimum of two hours of hands on wheel chair training to
include, but not be limited to familiarization with lift and lift
components, proper lift operation including manual operation,
proper loading and unloading procedures, proper securement
procedures, wheelchair emergency and evacuation procedures.
2. a minimum of sixteen hour of individual behind the wheel
instruction from a qualified driving instructor while out- of
service.
3. sufficient training so the driver can obtain a Red Cross
First Aid and CPR Training Certificate. This training can be
waived if the driver has completed the same training within three
months of hiring.
4. Completion of driving along all routes at least twice
before being allowed to drive in service unsupervised.
c. Other requirements
1. No driver shall be allowed to operate equipment in Lodi
service until they have been trained and signed off by a qualified
instructor to properly operate the vehicle type to which they have
been assigned.
2. A minimum of one hour of safety/on going training every
month for every driver employed.
3. Whenever a driver is involved in a preventable accident
and whenever a driver is involved in two or more non -preventable
accidents in any twelve month --period, CONTRACTOR's qualified
instructor shall ride with that driver and perform an evaluation
and retraining as necessary.
d. CONTRACTOR shall provide the minimum amount of inservice
required each year for those drivers possessing a valid S.P.A.B.
or SCHOOL BUS certificate as outlined in HPH 82.7 provided by a
California Department of Education certified School Bus Driver
Instructor.
Page III -6
A detailed description of CONTRACTOR's proposed training
program shall be submitted with their proposal and will be subject
to approval by LODI.
All CONTRACTOR's drivers shall be subject to a pre-employment
background check, review of DMV records, GPPV certification and
will be included in City's Pull Notice Program. CONTRACTOR shall
provide LODI with a list of drivers prior to start-up, and shall
update said list monthly. CONTRACTOR shall not place a driver
into service without completing the training program specified
above. .LODI representatives shall be allowed to attend safety
meetings.
4) Marketing and Promotion
CONTRACTOR shall be responsible for assisting LODI in. the
development and preparation of all marketing materials for the
fixed route and dial -a -ride services. LODI shall be responsible
for the placement, scheduling and distribution of all advertising
and promotional materials designed to inform patrons of..LODI
services and to promote ridership.
CONTRACTOR shall assist LODI in the distribution and
dissemination of such materials in accordance with the provisions
of this agreement and any directions supplemental thereto provided
by LODI.
CONTRACTOR shall promote the service as the operating agent
for LODI. CONTRACTOR shall assist LODI in the distribution of
brochures and other material as directed by LODI. Promotion
activities should include a specific plan for the start-up period
including any change -over from the existing service.
CONTRACTOR shall, •under - the direction of the LODI
Transportation Manager provide contact on at least a quarterly
basis with private and non-profit community agencies (e.g. Health
for All, HSS Adult Day Care) and local governing bodies to promote
interest in the transit services of LODI. These contacts shall
include, but not be limited to: speaking engagements, public
service announcements, and press releases.
Page III -7
CONTRACTOR shall collect data on the operation of the transit
system and supply the data to LODI on a monthly basis, or as may
otherwise be directed by LODI. All such information supplied by
CONTRACTOR shall be certified as accurate.
CONTRACTOR's Management Information System shall provide an
adequate methodology to gather, store, retain, calculate, compute,
cross reference and display in textual, tabular and graphic form
all operating, performance and financial data associated with this
contract. LODI uses M.S. Word and M.S. Excel on IBM-compatible
computer equipment.
CONTRACTOR shall collect the following information, at a
minimum, on a daily basis:
O Passengers by vehicle and service type, divided into
passenger classification categories (e.g. elderly,
disabled, etc.)
O Vehicle service hours (by vehicle and total)
O Vehicle revenue miles
O Vehicle total miles
O Revenue by vehicle
O Passenger travel time
O Pickup time variance (difference between promised and
actual pick up times)
O Missed trips, detailing cause
O Service requests refused, with reason
O Vehicle breakdowns
O Vehicle and passenger accidents
O Vehicle fuel and oil 'consumption,' by vehicle
O Vehicle maintenance summarized by vehicle, including
monthly cost of maintaining each individual vehicle
broken down into labor, parts, fuel, oil and other
expense categories
O Vehicle condition
O Employee training and turnover
O' Complaints and compliments
Page III -8
The CONTRACTOR shall prepare a monthly report summarizing the
data collected daily. CONTRACTOR shall submit a typed report to
LODI by the 15th day of the following month. The format of the
report is subject to LODI's approval. A sample. monthly report
should be included in the Proposal. All original data shall be
maintained by the CONTRACTOR for at least four years.
In addition to the monthly reporting, the CONTRACTOR shall
supply any and all reports necessary to comply with requirements
of the San Joaquin County Council of Governments and other local,
State, or Federal authorities. These reports will include but not
be limited to all required California Transportation Development
Act and Federal Transit Administration reporting requirements.
CONTRACTOR shall also provide LODI with immediate notice and
written copies of accidents (written reports within one business
day for injury accidents, three business days for non -injury
accidents, with immediate telephone notification of all injury
accidents), and CHP Safety Compliance Reports (within two business
days after CHP submission to CONTRACTOR). If LODI provides
insurance through the California Transit Insurance Pool (Ca1TIP),
CONTRACTOR shall immediately notify the Ca1TIP Third Party
Administrator of any accidents.
LODI will periodically conduct surveys of ridership during
the term of the agreement. These surveys will determine matters
such as socioeconomic, ridership and fare -type characteristics of
system users. CONTRACTOR shall cooperate in the conduct of all
surveys, including having its in-service drivers participate,
where operationally possible, at no additional charge to LODI.
CONTRACTOR agrees that all information required to be
furnished by this agreement- shall be free from proprietary
restrictions. CONTRACTOR further agrees that all such data is
public and in the public domain.
CONTRACTOR shall maintain accurate and complete books,
records, data and documents on generally accepted accounting
principles in accordance with Uniform System of Accounts and
Records adopted by the State Controller pursuant to Section 99243
of the Public Utilities Code, and as required by LODI or the San
Page III -9
Joaquin County Council of Governments. Such records shall be kept
in such detail and form so as to meet applicable local, state and
federal requirements.
A complete and separate set of books, accounts, and/or
records shall be maintained by CONTRACTOR, which records shall
show details of transactions pertaining to the management,
maintenance and operation of only this system under the terms of
this agreement. System transactions shall not be co -mingled with
CONTRACTOR's other operations, if any. CONTRACTOR's records shall
be kept with sufficient detail to constitute an audit trail to
verify that any and all costs charged to the system created by
this Agreement are in fact due to operations pursuant to this
agreement, and not due to separate or charter operations by
CONTRACTOR. LODI reserves the right, at any time subject to this
agreement, to require an audit of CONTRACTOR costs, revenues, and
services provided under this Agreement.
CONTRACTOR shall keep and maintain (separated by vehicle) all
work orders, warranty dockets and maintenance records on LODI and
CONTRACTOR -provided vehicles and equipment until this agreement is
terminated, releasing all such documents to LODI upon request and
upon termination of this agreement.
LODI, its authorized agents, the San Joaquin County Council of
Governments, Caltrans, FTA, the Comptroller General of the United
States,' or any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this Agreement, for the
purpose of making audit, examination, excerpts, and transcription
of CONTRACTOR's files. CONTRACTOR shall maintain all these
records for a period of at least four.(4) years following contract
close out to allow for audits, examinations, excerpts and
transcriptions of CONTRACTOR's-files.
CONTRACTOR shall be responsible for safety and security of
passengers during operations and for all related equipment and
facilities. CONTRACTOR shall include specific procedures in the
proposal which define the safety and security program for LOIDI
Page III -10
transit services. Safety and organizational meetings shall be
held with all employees at least once per month.
CONTRACTOR shall report to LODI all hazardous conditions
(e.g., trees, signs, potholes, etc.) in the service area to LODI
and any other appropriate authority and take necessary precautions
to safeguard passengers and personnel:
CONTRACTOR shall comply with all California Highway Patrol,
Cal -OSHA, and OSHA requirements. CONTRACTOR shall not permit
drivers to bear weapons of any type while operating a vehicle
under this contract.
CONTRACTOR shall provide telephone information service 24
hours per day; this can be done by answering machine, which will
give hours of operation, costs, and other pertinent information.
During the hours the dispatch center is open it is expected that
calls will be answered as they are received.
CONTRACTOR shall maintain at CONTRACTOR's expense at least
three telephone lines covering the entire City of Lodi service
area, dedicated to LODI transportation services with rollover line
capability. CONTRACTOR shall publish these LODI fixed route and
dial -a -ride information phone numbers in the local telephone
directory(ies) .
These lines shall be used solely for the purpose of providing
customer information, serving trip requests, and those activities
required under the Scope of Work in this RFP, and shall not be
used by the CONTRACTOR for any other purpose. These telephones
shall be answered as specified by LODI.
Upon termination of the agreement, such phone numbers remain
the property of LODI.
During normal system operating hours, the CONTRACTOR shall
provide dispatchers or information operators who are knowledgeable
of time schedules, routes and transit services of LODI as is
necessary to answer customer information requests and/or questiorrs
in a courteous, timely and professional fashion.
Page III -11
During all other times, CONTRACTOR shall utilize a
CONTRACTOR -provided telephone answering machine or other approved
method and equipment to provide general information about LODI
transit services and to be able to receive and record trip
requests, cancellations, or other changes from callers.
8) Farebox Revenue
CONTRACTOR's drivers shall collect fares as :established by
LODI and maintain an accurate count of all boarding passengers by
fare category. CONTRACTOR shall provide a locked high security
room or space for storage of revenue storage and collection units.
Farebox revenue will be counted by CONTRACTOR's office
employees daily and reconciled against the stated number of
passenger trips. Any shortages must be investigated and corrected
by CONTRACTOR. CONTRACTOR will deposit farebox revenue daily as
directed by LODI. Farebox revenue is the property of LODI, and
CONTRACTOR will submit written reports to LODI of revenue
collection.
9) Licenses
CONTRACTOR shall be responsible for any locally -required
business or other licenses, including Public Utilities Commission
certificates as required and necessary. CONTRACTOR shall also be
solely responsible for any parking and traffic violations of
vehicles operated in connection with LODI's fixed route and Bial-
a -ride program. If notice of violation in a LODI-owned vehicle is
received by LODI, LODI may pay for said violations and deduct the
amount paid from future payments to CONTRACTOR.
• • 1
CONTRACTOR shall provide and maintain clean, identical
uniforms to be approved by LODI for all drivers and shall enforce
a dress and appearance code, also subject to approval from LODI.
At a minimum, dress requirements shall include: shirts, slacks or
shorts, jackets for use in cold or rainy weather, identification
tags and LODI-specified logo. Sandals or open -toed shoes are not
allowed.
Page III -12
11) Drat a_
CONTRACTOR shall comply with all applicable drug and alcohol
testing requirements as established by FTA or by other State or
Federal agencies.
At a minimum, CONTRACTOR shall perform pre-employment, reasonable
cause, and post -accident drug and alcohol testing of all safety-
related employees associated with LODI service, in conformance
with FTA requirements.
In the case of randomly sampled testing; CONTRACTOR shall comply
with State and Federal requirements.
12) CaITIP Safety Audit
If CONTRACTOR does not provide insurance coverage CONTRACTOR shall
cooperate and participate in Ca1TIP-conducted safety audits of
CONTRACTOR's operation relative to the services provided on behalf
of LODI. CONTRACTOR shall comply with the safety-related
recommendations provided by the safety consultant.
13) FUEL
CONTRACTOR will be responsible to make provisions for the
purchase and dispensing of fuel for all vehicles. Records must be
kept as to the amount of fuel used by each vehicle on a daily and
a month by month basis.
CONTRACTOR shall be responsible for the day to day
cleanliness of the vehi-cles•.• • CONTRACTOR is expected to be
responsible for the following:
a. Seats shall be maintained in proper operating condition at all
times. All tears, gum, graffiti and other damage shall be
repaired in a professional manner immediately upon their
discovery. CONTRACTOR shall replace seat covers which are worn or
cannot be professionally repaired, using materials which are
identical in design and color as those materials being replaced.
Page III -13
b. All equipment shall be reasonably clean throughout both inside
and out prior to each service run. Exteriors of all vehicles,
including wheels, shall be washed at least weekly{ or more often
as necessary. Windows and stanchions shall be washed and floors
mopped at least once per week, or more often as necessary, on all
vehicles. Driver windows shall be kept clean at all times.
Ceilings and walls shall be thoroughly cleaned at least.:.. once per
month, or more often as necessary, on all vehicles.
C. Vehicles shall be kept free of insects and vermin at all
times. CONTRACTOR shall exterminate all insects and vermin from
all vehicles immediately upon their discovery, utilizing materials
which are safe and not noxious to passengers.
d. Interiors shall be dusted and swept, with trash removed, on a
daily basis, or more often as necessary, on all vehicles used in
service that day.
15) INSURANCE
a. CONTRACTOR shall obtain and maintain at all times during- the
term of this contract, Workers' Compensation and Employers'
Liability Insurance as required by the laws of the State of
California showing proof of such coverage. All required insurance
policies shall not be canceled or materially changed without a
thirty (30) day prior written notice to LODI. The City presently
is insured with the California Transit Insurance Pool at an annual
cost of.
b. CONTRACTOR shall procure and maintain a comprehensive general
liability policy providing five million dollars ($5,000,000)
combined single 1•imit bodily- injury and property damage coverage
policy shall include coverage for premises, personal injury,
blanket contractual, garage and garage keepers liability, but
shall not include coverage for vehicle liability and/or vehicle
physical damage insurance. CONTRACTOR shall name LODI as
additional insured on said policy and shall provide evidence of
such insurance. Such policy shall provide that it may not be
canceled without at least thirty (30) days written notice to LODI'.
Page III -14
C. Vehicle Insurance in the amount of $10,000,000 will either be
provided by CONTRACTOR or LODI depending upon the manner in which
the contract is structured. If LODI provides the insurance,
CONTRACTOR will be named as additional insured; if CONTRACTOR
provides the insurance, LODI will be named as an additional
insured.
Base Service will require the availability of approximately
seventeen vehicles, which will be provided by LODI (currently,
eleven of the vehicles are wheelchair -accessible and six are
not). These vehicles to be provided are listed in EXHIBIT I Page
III -33. LODI guarantees vehicles will be in a road worthy
condition. Service records will be available for review and
inspection by prospective Contractors. Arrangements to inspect
the vehicles, dispatch and administrative facilities, parking
facilities and records shall be made by contacting Dennis
Callahan, Building and Equipment Supervisor, at (209) 333-6706.
it is LODI's plan to replace three vehicles each year.
If these vehicles are for any reason not available for service
during the term of this contract, LODI shall have the option of
providing suitable replacement or back-up vehicles during the
remaining term of the Agreement or requiring the contractor to
provide such vehicles pursuant to a separately negotiated
agreement.
LODI shall perform the following duties and accept the
following responsibilities with respect to the performance of
LODI Is transit services. To the extent reasonable and feasible,
CONTRACTOR shall assist LODI in this regard.
LODI shall be responsible for all planning, coordination and
policy activities relative to the fixed route and dial -a -ride
services, service areas, fares, schedules, days and hours of
operations, preparation of planning documents, budgets, grant
applications and related documentation and other such activities
relative to overall system administration and contract compliance
Page III -15
monitoring. LODI shall establish criteria for eligibility on
"specialized" (elderly & disabled) demand -responsive and
subscription Dial -A -Ride services.
LODI shall act as the final step and/or body of appeals in
the resolution of any service complaints that the CONTRACTOR is
unable to resolve.
LODI shall be responsible for development and preparation of
all marketing materials for the Lodi, transit services. LODI
shall cooperate with CONTRACTOR in the placement, scheduling and
distribution of all advertising and promotional materials designed
to inform patrons of LODI services and to promote ridership.
LODI shall prepare, print and provide to CONTRACTOR all
necessary passes, tickets, and transfers to be used in the Dial -A -
Ride service. LODI will also assist in the preparation and
printing of service brochures, schedules and like materials
required by LODI operations. CONTRACTOR shall distribute and
disseminate such materials in accordance with the provisions of
this agreement and any directions supplemental thereto provided by
LODI.
LODI will provide the use of its normal customer service
lines, processes and procedures to receive, investigate and
resolve customer service complaints. CONTRACTOR shall cooperate
with LODI and provide the access needed to employees and records
to resolve all customer and service complaints.
5111MMM W&MV18T.3, *•MaNt • �-�
The City of Lodi will provide the base radio, 'mobile radios
for each of the vehicles in the fleet and the radio frequency for
the operation of the transit program.
Page III -16
C. ALTERNATIVES
In addition to the services outlined in Section III -B LODI
will provide the following services: vehicle maintenance,
garaging, radio maintenance, vehicle insurance, administrative and
dispatch facilities, and maintenance of bus shelters and benches.
However, LODI desires to evaluate the most cost effective means of
delivering the service, therefore the following Alternatives are
included within the scope of this RFP. PROPOSER's are invited
to include within their Cost Proposal any or all of the
alternatives summarized below. The exercise of any or all of
these alternatives is in LODI's sole discretion.
1. ADDITIVE ALTERNATIVE I --Equipment Maintenance
If the CONTRACTOR directly provides the maintenance facility
(rather than subcontracting), such site must have an enclosed and
adequately ventilated workspace where maintenance personnel can
service both LODI-provided and any CONTRACTOR -supplied vehicles.
The maintenance facility shall also have at a minimum:
O A compatible/operational maintenance pit, hoist or other
acceptable equipment which will be used by maintenance
personnel for inspecting and servicing the undercarriage of
the vehicles.
O Paved shop flooring capable of withstanding weight of the
vehicles.
O A compressed air supply.
O Battery maintenance equipment compatible for vehicles.
O Compatible lubrication equipment.
O Floor jacks capable of safely raising either end of the
vehicles.
O All tools and equipment' necessary. .to perform the preventive
maintenance inspection activities required in the Scope of
Work.
O All tools and equipment necessary to perform periodic service
and adjustments and make mechanical repairs.
O Facilities and equipment necessary to clean the vehicles in
accordance with the specifications detailed in this RFP.
O Adequate storage space dedicated for vehicle operation.
Page III -17
CONTRACTOR shall perform all day-to-day, minor and preventive
maintenance and repair, at a minimum, in accordance with.
manufacturer's recommendations and the Preventive Maintenance
Inspection (PMI) program included in the CONTRACTOR's proposal to
LODI.
a. Unless otherwise agreed to or provided by LODI, CONTRACTOR, at
its sole cost and expense, shall provide all fuel, oil,
lubricants, repairs, cleaning, tires, parts, supplies, labor,
maintenance, with the necessary service facilities to provide the
same, required for the operation of all equipment pursuant to this
agreement. CONTRACTOR shall be fully responsible for the safe and
efficient maintenance of all vehicles, radios, fareboxes and all
other LODI-provided equipment to be used to perform this agreement
in strict conformity to all CHP and other State regulations and
orders. CONTRACTOR's duty and responsibility to so maintain all
vehicles and equipment is not delegable to any person, firm or
corporation, but may be subcontracted by written agreement subject
to approval by LODI.
All parts, materials, lubricants, fluids, oils and procedures
used by CONTRACTOR on all LODI-owned vehicles and equipment shall
meet or exceed Original Equipment Manufacturer (OEM)'
specifications and requirements. All outside vendors, such as
machine shops, component re -builders or accident repair shops,
shall be fully authorized by the OEM to make repairs and utilize
only parts, materials, lubricants, fluids, oils and procedures
that meet or exceed OEM specifications and requirements.
b. CONTRACTOR's• preventive maintenance program shall meet or
exceed OEM specifications and requirements and LODI's Preventive
Maintenance and Inspection schedule. Preventive maintenance
inspections and repairs shall occur at or before the designated
time or mileage intervals, whichever occurs first. CONTRACTOR's
overall preventive maintenance program shall also be sufficient so
as not to invalidate or lessen warranty coverage of LODI-provided
vehicles and equipment, including, but not limited to, radios and
wheelchair lifts.
Page III -18
C. All wheelchair lift -related equipment shall be inspected,
serviced and lubricated at intervals necessary to insure that the
wheelchair lifts are fully operational whenever the vehicle is
used in revenue service. All wheelchair lifts must be cycled at
least daily.
d. Brake inspections and adjustments shall be performed at
intervals that ensure the safe and efficient operation of the
braking system.
e. All lubrication and oil filter change intervals shall be
performed in accordance with OEM specifications, requirements and
the schedule provided in the CONTRACTOR's proposal to operate LODI
transit system. Modification of oil change intervals is subject
to prior approval from LODI. Such approval shall not be issued
unless CONTRACTOR presents written evidence that warranty coverage
will not be adversely impacted by modifying such change intervals.
CONTRACTOR guarantees that the preventive maintenance program will
not invalidate or shorten warranty coverage provided by OEMs.
CONTRACTOR shall be held financially liable to absorb expenses for
all repairs which would have been covered under warranty had it
not been invalidated by CONTRACTOR's actions.
f. All components of the vehicle bodies, appurtenances, and
frames shall be maintained in a safe, sound and undamaged
condition at all times. Repairs (including body, glass and all
vehicle appurtenances) shall be made expeditiously.
g. All mechanical, electrical, fluid, air, and/or hydraulic
systems shall be maintained in a safe and working condition at all
times.
h. The, interior passenger 'compartment shall be free of exhaust
fumes from the engine, engine compartment, and exhaust system of
the vehicle.
i. Heating and air conditioning (A/C) systems shall be maintained
and used to ensure that the passenger compartment is comfortably
maintained under all climatic conditions at all times on all in-
service runs. Thorough A/C inspections and repairs shall be
executed and completed on all vehicles no later than April 1st of
Page III -19
each year. CONTRACTOR shall maintain the A/C systems in a state
of operating condition throughout the entire year.
j . CONTRACTOR shall notify LODI and conform to all instructions
and make all corrections required by the CHP and other applicable
regulatory agencies regarding use and maintenance of vehicles.
CONTRACTOR shall be responsible for Smog inspection and
certification of the vehicles.
k. CONTRACTOR shall establish and maintain an on-going spare
parts inventory sufficient to permit that vehicle requirements are
met at all times.
•._4 - • .# •� • affMe
Engine and transmission re -building shall occur by the authorized
OEM service centers. Re -building of engines and transmissions by
other than the authorized service center may be allowed only if
CONTRACTOR can prove to the Transit Manager's satisfaction (e.g.,
letter from OEM) that said work is being performed by a firm or
personnel qualified and trained to do such and only if the re-
building firm provides the same warranty as would have been
provided by the OEM.
Engine and Transmission re -building shall comply with OEM
standards.
The Transit Manager may order the CONTRACTOR to rebuild or replace
an engine, transmission, AC compressor, alternator, radiator,
wheelchair lift assembly or any other bus related component at any
time during the contract period if the Transit Manager determines
that such work is necessary to assure continued service
reliability, after considering one or all of the following:
recommendation from an 'outside third 'party, discussion with
CONTRACTOR, oil analysis reports, equipment -caused penalties
assessed, fuel consumption summaries, road call record, work
orders, visual inspection, mileage assessment, or other assessment
of the condition of said component. If ordered, CONTRACTOR shall
execute such rebuild or replacement expeditiously at CONTRACTOR's
expense, with the exception of unscheduled engine and transmission
rebuilds ordered by LODI but determined unilaterally by LODI to
not be the result of negligence on CONTRACTOR's part.
Page III -20
I
CONTRACTOR shall establish a comprehensive monitoring program to
assess and forecast which components need to be rebuild or
replaced.
At a minimum, CONTRACTOR shall provide the number of engine and
transmission rebuilds as outlined in the schedule in the
CONTRACTOR's proposal.
By February 1st of each year, CONTRACTOR shall provide LODI with a
list of recommended engine and transmission rebuilds , by bus
number, beyond the CONTRACTOR's original schedule, including cost
estimate for the subsequent 12 months for such rebuilds.
In the event LODI decides to retire a bus prior to it receiving a
transmission or engine rebuild, LODI may unilaterally elect to
either receive a credit for such or authorize the rebuild of a
different engine or transmission.
In the case of unscheduled engine rebuilds recommended by the
CONTRACTOR, said rebuild shall not occur without prior
Transportation Manager approval, and may be preceded by an
assessment from a LODI designee. In the event that LODI
determines that the rebuild was caused in whole, or in part, as a
result of negligence on CONTRACTOR's part, the cost of said
rebuild shall be the financial responsibility of CONTRACTOR,
without any additional reimbursement from LODI. LODI may
unilaterally determine if negligence on CONTRACTOR's part was
involved.
In procuring engine and transmission rebuilds, CONTRACTOR shall
comply with FTA third party purchasing requirements (CFR 4220.1C,
as amended).
2. ADDITIVE ALTERNATE II --Garaging Facility
If the contractor provides garaging facilities it will.
be in a secured area. The area will be paved and be fenced with
chain link, wood, or block. It will be sufficiently large enough
to park all seventeen vehicles and provide off street storage for
drivers vehicles as well.
Page III -21
3. ADDITIVE ALTERNATE III --Radio Maintenance
If CONTRACTOR assumes the maintenance of the radios all
work shall be done by certified technicians in a shop certified to
maintain that particular brand of equipment. Presently all radio
equipment is MOTOROLA.
4. ADDITIVE ALTERNATE III --Vehicle Insurance
If the contractor provides vehicle public liability and
property damage insurance such insurance shall be carried naming
the City as additional insured in the amount of $10,000,000 per
occurrence. Casualty insurance will also be carried on all
vehicles to provide replacement cost.
During the periods of service under this Agreement, the
CONTRACTOR, at its sole cost and expense, shall procure and
maintain in full force and effect during the term of the
agreement, insurance policies in the amount of $10,000,000 (ten
million dollars) combined single limit bodily injury and property
damage. Such insurance shall name LODI and its officers,
employees, elected officials and members of boards or commissions
as additional insured parties. Coverage must include automobile
bodily injury and physical damage coverage, garage and garage -
keepers liability. CONTRACTOR shall be responsible for any
deductible(s).
CONTRACTOR shall file and maintain the required Certificate
of Insurance with LODI at all times during the term of this
contract. The Certificate is to be filed prior to the effective
date of this contract. Such policy or policies shall provide that
they not be canceled without at least thirty (30) days written
notice to LODI.
S. ADDITIVE•ALTERNATE V --Administrative and Dispatch
Facilities
if the Contractor provides an Administrative/Dispatch
Facility it shall contain adequate space and arrangements will be
provided for the radio base station, restroom facilities and
employee rest areas. The facility must be located within the
Service Area and be readily accessible to and usable by, persoris
with disabilities, including wheelchair users. The present
Page III -22
facilities are located at 115 S. Pleasant St. in Lodi. This
facility may be leased to CONTRACTOR for $300.00 per month;
included in that lease is all the present office furniture (desks,
chairs, book cases, file cabinets tables workstations, but not
telephones or personal computers). This lease does not include
utilities or janitorial services.
6. ADDITIVE ALTERNATE VI --Maintenance of bus stops and
shelters
If CONTRACTOR provides maintenance for the bus stops
and shelters for LODI's transit system the benches and shelters
will be kept free of graffiti, cobwebs and other dirt.
D. SYSTEM OPERATION
1 • •t = — — o_ f•—
Should LODI determine to implement a different design for the
transit system, LODI shall, subject to any applicable competitive
bidding requirements, confer with CONTRACTOR as to the .most
appropriate level and description of services and may adopt an
appropriately altered Scope of Work document, replacing the one in
use at.present.
Based on the plans adopted by LODI, Base Service will require
a maximum total of approximately 31,520 vehicle service hours in
the 1996-97 fiscal year. LODI is currently evaluating it's transit
program, but expects to operate 31,520 vehicle service hours in
each of the next three years. The delivery of fixed route and
Dial -a -Ride services may be coordinated or combined by the
CONTRACTOR, but must be accounted for and reported upon
separately. Other additional service hours, possibly including
weekend{s), extended hours, -or on special. occasions., may also be
required as the service develops.
The CONTRACTOR will act in the capacity of an independent
contractor and will provide management, technical and operating
personnel, services, equipment and facilities necessary for the
operation of LODI's fixed route and dial -a -ride services.
Page III -23
CONTRACTOR shall operate the -system in compliance with LODI
operating policies, and with local, state, and federal ordinances,
laws, and regulations applicable to this service. CONTRACTOR will
operate the system and maintain the fleet in accordance with the
usual transit industry procedures and standards or as otherwise
provided herein, in CONTRACTOR's proposal, and the Transit
Services Agreement.
The CONTRACTOR shall also provide LODI with technical
assistance and consultation in such matters as operating policies,
funding, and coordination with other transit providers at no
additional charge to LODI.
LODI shall establish policies for operation of the transit
system and shall monitor the performance of the CONTRACTOR. LODI
shall apply for funds from local, state and federal sources.
Where applicable, and subject to consultation and approval by
LODI, CONTRACTOR shall also apply for such local, state and
federal funds that may be available to support the project.
CONTRACTOR will report to LODI and will make recommendations as to
changes to improve LODI's Fixed Route and Dial -A -Ride services.
CONTRACTOR may not make any changes which affect the quantity,
quality, or nature of the Fixed Route and Dial -A -Ride services
without obtaining LODI's written permission.
The fixed route and dial -a -ride service described in this RFP
is a replacement of existing LODI, contract employee -provided
services for LODI. Therefore, LODI requires that a fully detailed
transportation services Transition and Implementation Plan be
included with each proposal. This plan shall address, at a
minimum, the activities and procedures that will be followed to
ensure the smooth transition and start-up of the service to be
operated by the CONTRACTOR. The plan should also document
recruitment and training schedules, facility location and start-
up, acquisition of necessary equipment, permits, and licenses and
any other activities necessary to implement a successful fixed
route and dial -a -ride transit service program. The PROPOSER Is
approach to dial -a -ride schedule/dispatch procedures, and in
particular the decision-making "triage" process of matching
passengers, vehicles, and drivers should be described in detail.
Page III -24
LODI may wish to adjust the system at some future date.
Modifications may include but not be limited to: increasing or
decreasing service hours and/or days; or switching service hours
and equipment between modes. LODI may increase annual service
hours at a rate to be proposed and specified by the CONTRACTOR as
part of their Cost Proposal to this RFP.
Unless otherwise agreed to or provided by LODI, the
CONTRACTOR shall provide all facilities, tools, equipment, tires,
fuel, oil, batteries, parts, cleaning supplies, office supplies,
office equipment, and such other items or materials required to
professionally operate LODI fixed route and dial -a -ride services.
During the term of this Agreement, including any extension
period, LODI shall have the option to add vehicles to those
currently in the LODI fleet in order to meet the service criteria
defined herein. The cost for additional vehicles shall be borne
by the City of Lodi
LODI supplied equipment made available to the Contractor is
provided exclusively for LODI's transit program and shall not be
used for any other purpose. Contractor shall account to LODI for
the location and status of all LODI provided items and shall
provide monthly reports on the condition of all vehicles. Upon
completion or termination of this Agreement, Contractor shall
return the vehicles and other LODI provided items to LODI with no
deferred maintenance, damage, or graffiti and ready for use in
regular revenue service less reasonable wear and tear.
Page III -25
In addition, CONTRACTOR shall operate the radio
communications system for the fixed route and dial -a -ride
services. CONTRACTOR must comply with LODI policies and FCC
procedures for radio use.
CONTRACTOR shall comply with those accident reporting and
investigation procedures established by the California Transit
Insurance Pool (CalTIP) and the LODI Transit Manager, shall
endeavor to photograph accident scenes involving LODI service
immediately after said accident occurs, shall take and transmit
accurate notes of accident scenes using the CalTIP reporting
format, shall obtain witness cards whenever possible and
appropriate, and shall obtain and transmit all associated police
accident reports to both LODI and CalTIP.
Contractor shall provide and maintain an accident reporting kit on
each bus at all times, including a disposable 35 mm camera,
witness cards, and reporting forms.
If requested by the Transit Manager or CONTRACTOR, CONTRACTOR
shall meet with the Transit Manager to discuss accidents and
incidents, including ways to maintain and improve CONTRACTOR's
accident record. The Transit Manager shall be the sole
determinant on whether or not an accident is considered
preventable.
Page III -26
ltd • -- - • - _ -
The following employee rules shall be enforced by the
CONTRACTOR:
1. Uniforms:
a. Must be worn at all times when on duty.
b. Shall be clean and presentable at all times.
C. Uniform designs, colors and ID tags subject to LODI
approval.
2. Gratuities:
a. Shall NOT be accepted.
b. All cash shall go into farebox without being handled by
the driver, unless required by the passengers disability.
3. Knowledge of Services and Service Area:
a. Drivers shall have a thorough knowledge of LODI
services and service area.
b. Drivers shall also have a basic knowledge of transfer
locations for all connecting routes and services.
4. General Rules:
a. No one will be permitted to smoke, eat or drink aboard
vehicles at any time. This includes passengers and
staff.
b. Boisterous language, profanity, or incivility to anyone
shall not be allowed while in uniform, on or off duty.
C. While in uniform, no employee shall purchase, consume,
or be under the influence of any narcotic, intoxicant,
or harmful drug.
d. Drivers shall be responsible for keeping all vehicles
clean and sanitary during their shift.
e. All employees are responsible for reporting any defects
a vehicle may have to the supervisor and maintenance
department immediately. Drivers shall conduct a "walk -
around" and in -vehicle inspection of their vehicle and
fill out a "squawk" sheet. Drivers shall have
maintenance or management personnel resolve any doubt
about the safety of a vehicle prior to placing a
vehicle in passenger service.
Page III -27
f. Employees may use vehicles only in accordance with their
assigned duties.
g. Employees must conduct themselves and operate vehicles
in a safe and courteous manner at all times.
h. No one shall be permitted to solicit on the vehicle.
i. No item longer than five (5) feet will be permitted
on the vehicle.
j. All information regarding accidents shall be
confidential. Employees shall refrain from speaking to
anyone concerning any accident unless it is to Police,
supervisory personnel, or other person(s) involved in
the accident as required by law.
k. Persons under the influence of any intoxicant, narcotic,
or harmful drug shall not be permitted on the vehicle.
1. Drivers providing service may be required to travel over
prescribed routes and maintain time schedules. If it
becomes necessary to leave the route, the dispatcher or
immediate supervisor shall be notified immediately. No
run shall be cut short.
M. Drivers will provide the assistance required to help
elderly and disabled persons boarding and de -boarding
vehicles, moving to their seat and or maneuvering and
securing wheelchairs. Services are to be provided
on a curb -to -curb basis. Under no circumstances will
drivers enter a passenger's residence or physically
lift a passenger.
n. No vehicle shall be operated when its condition is
unsafe or uncertain.
o. No driver shall operate the wheelchair lift: a) until
he/she has received the required 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
compliance with the methodology recommended by the OEMs.
p. Drivers shall require and insure that all passengers
wear the seatbelts provided in the vehicles.
Page III -28
**NOTE: Comments and Suggestions regarding this section of
the RFP are particularly invited.
The CONTRACTOR will be required to meet the following LODI
transit service policies and standards in the operation of LODI
fixed route and dial -a -ride services. Penalty payments shall be
assessed in accordance with the.Performance-Based Penalty Program,
which will become part of the TRANSIT SERVICES AGREEMENT.
1. Dial -a -ride 90 percent of passengers will be
delivered to their destination within 45 minutes
of their initial call.
2. Dial -a -Ride pick up time within 15 minutes of
promised time (30 minute window)
3. Dial -a -Ride average trip time not to exceed 20
minutes.
4. Operate service with accidents at less than one
per 50,000 miles.
5. Vehicle breakdowns should not exceed one per
10,000 miles.
1. Trips per dial -a -ride revenue vehicle mile shall
Page III -29
not fall below 0.40.
2.
Passengers per fixed route revenue vehicle mile
shall not fall below 1.0.
3.
Trips per revenue vehicle hour shall not fall
below 4.0 for Demand -Response.
4.
Passengers per revenue vehicle hour shall
not fall
below 10.0'for'fixed route'service.
5.
Revenue vehicle hours per employee shall
not fall
below 1200.
6.
Revenue vehicle hours per maintenance
employee
shall not fall below 15,000.
7.
Vehicles per maintenance employee shall
not fall
below 8.0.
Page III -29
8. Farebox recovery ratio of 20% or more for Lodi
Transit Services.
These policies and standards are subject to change or
modification by LODI at any time. CONTRACTOR will be consulted
regarding any change prior to its final adoption.
The following definitions and measurements shall apply to the
Performance Monitoring Program:
Accidents per X miles is calculated by dividing the number of
accidents in the reporting period by the number of vehicle
service miles in that reporting period.
Vehicle breakdowns per Z miles is calculated by dividing the
number of breakdowns or road calls in the reporting period by
the number of vehicle service miles in that reporting period.
The number of vehicles per mechanic is calculated by dividing
the number of vehicles in the fleet by the number of mechanic
employee equivalents. one full-time employee equivalent
equals 2000 hours per year.
Revenue vehicle hours per maintenance employee is calculated
by dividing the number of annual vehicle service hours by the
number of full-time mechanic equivalents.
Passengers per vehicle service hour is calculated by dividing
the number of passengers by the number of vehicle service
hours in a reporting period.
Page III -30
EXHIBIT 1
City of Lodi Transit System
Fixed Route and Dial -A -Ride Transportation -Services
Page III -31
INVENl'URY
UY VEHICLES
TO BE
PROVIDED
BY LODI
3/31/96
Number
Year
Type
Passenger
Capacity
Mileage
19
1989
Chevrolet
8
Station Wagon:.
126,038
4:989
Bedge
4
Shuttle29
out
of service
21
1989
Dodge
4
Sedan
82,755
23
1989
Dodge
4
Sedan
74.432
24
1991 "edge
=—
Shuttle -oda
out
of service
25
1992
Chevrolet
8
Station
Wagon
107,824
26
1992
Chevrolet
8
Station
Wagon
87,871
27
1993
Ford
11
minibus
W/C
66,296
28
1993
Ford
11
minibus
W/C
57,114
29
1994
Chevrolet
8
Station
Wagon
39,205
O1
1995
Ford
11
minibus
W/C
27,066
02
1995
Ford
11
minibus
W/C
33,830
30
1995
Ford
11
minibus
W/C
35,326
31
1995
Ford
11
minibus
W/C
44,843
32
1995
Ford
11
minibus
W/C
41,871
33
1995
Ford
11
minibus
W/C
47,695
34
1995
Ford
11
minibus
W/C
43,495
Page III -31
EXHIBIT 2
City of Lodi Transit System
Fixed Route and Dial -A -Ride Transportation Services
PERFORMANCE-BASED PENALTY PROGRAM
Under this program, LODI suggests the following performance
standards and quality -of -service specifications for its new Dial -
A -Ride.
Prospective proposers are encouraged to use the "QUESTION/
COMMENT" period of this RFP to suggest other incentive
categories and measurement methods. Questions or comments
relating to this RFP must be received (in writing or at the
Bidders' Conference) by LODI no later than 10:00 a.m. on
Wednesday May 15 1996.
Through the award of the Contract, LODI and CONTRACTOR agree
to this system of penalties to insure the performance required in
the contract. It is the goal of LODI to foster and maintain a
cooperative relationship with its CONTRACTOR. The Performance
Based Evaluation Program will be used as an outline for measuring
the CONTRACTOR's performance and building a cooperative
relationship under this Agreement.
Standard: 95% of pick-ups within 15 -minute window
Performance below 95*1 =$0.01 per service mile
Standard: Any failure to pick up a rider for any reserved
trip, through no fault of rider.
Page III -32
Penalty: $100.00 per failure
(3) In -vehicle Ride Times
Standard: Maximum in -vehicle time will be one hour for
Demand -Response riders and one -and -a -half hours
for Subscription riders.
Penalty: $25.00 per infraction
Penalty: $100.00 per infraction
u - - --o W
Wine
Standard: Average of 10,000 miles between road calls
Performance below 10,000 miles -$0.01 per service mile
Standard: 50,000 to 70,000 miles between accidents
Performance below 50,000 miles -$0.01 per service mile
- .-W-NUMMOM
Standard: Failure to achieve a satisfactory rating in any
category of the annual California Highway Patrol
Safety Compliance Report.
Penalty: $500.00 per infraction
• - -1 - E -_4
Standard: Any preventive maintenance inspection (PMI) not
completed within 300 miles of scheduled interval.
Penalty: $100.00 per infraction
Page III -33
Penalty: $25.00 per infraction
Penalty: $250.00 for first infraction
$500.00 for subsequent infractions
(11) Non -Compliance with Uniform Regilirements
Penalty: $10.00 per infraction
These standards would be measured by LODI's Contract
Administrator or his designee. The measures would have to take
place under a clearly defined system, agreed to by LODI and its
CONTRACTOR. The following are suggested as preliminary criteria
and measures:
1. Miles between road calls based on LODI's review of
CONTRACTOR's reports, passenger complaints, on-site inspection,
review of vehicle maintenance records and data supplied in monthly
reports.
2. On-time service performance will be based on a review of
CONTRACTOR's records and, as required, a survey of passengers.
3. Miles between accidents will be based on a review of
CONTRACTOR's records, accident reports, police reports, monthly
reports and visual inspections -of -vehicles.
4. Uniform/dress code compliance will be based on LODI's visual
observation.
5. Vehicle appearance will be based on CONTRACTOR's records,
field inspections and passenger complaints.
Page III -34
Section IV.
For the Firm of:
• MIM • m-5•
All proposers are required to complete the following
questionnaire. If your answer is provided in greater detail
within your Proposal, you may reference the appropriate section or
page of the Proposal. You may either use this form for your
responses, or a transcribed copy; HOWEVER, all questions must be
answered, in the order presented here. Proposals which do not
include this questionnaire completely will be considered
non-responsive and will be rejected.
1) Does the proposer, any individual proposing firm, any
participating firm in any proposed joint venture, or any proposed
subcontractor have any conflict of interest within the following
definition?
"No person performing services for the City of Lodi in
connection with any project resulting from this proposal
shall have a financial or personal interest, other than
employment or retention by LODI, in any contract or
subcontract in connection with such project.
YES
(explain)
0
2) Are you on the State Comptroller General's list of ineligible
bidders or have you been or are you on any federal list of
debarred or suspended bidders?
YES (explain) NO
Page IV -1
3) Has your firm received an "unsatisfactory" rating from a law
enforcement or any other regulatory agency with regard to
maintenance, records, or facility at any time in the past five (5)
years?
YES
(explain)
NO
4) Has your firm, or a public transit system managed by
principals from your firm, been cited, fined, or ordered to stop
a bus system's operations at any time during the past five seven
years by any regulatory agency for improper maintenance or for
accidents caused by improper maintenance?
YES
(explain) NO
5) Is there any recent (within the past five years), current, or
pending litigation involving your firm due to any accidents)
which have resulted in injury or death from operation of a
passenger transportation service (including but not limited to
fixed -route, paratransit, taxi, school bus, charter, etc.)?
YES
(explain) NO
6) Attach your firm's 1992, 1993, and 1994 Income Statements and
Balance Sheets (Information on the firm's financial status will be
withheld from public review if'submitted under separate cover with
a request for confidentiality and unless disclosure is ordered by
a court of competent jurisdiction.)
Page IV -2
7) Are there any past, current or pending financial or legal
issues which might jeopardize your firm's ability to provide
services in accordance with the attached RFP and Agreement at the
prices quoted by your firm, for the term of the Agreement?
YES (explain)
NO
8) Has your firm applied for credit protection under any
bankruptcy proceedings over the past 3 years?
YES (explain)
NO
9) Describe in detail your specific plans for start-up and
implementation of the services you propose to provide. Include a
schedule, from the LODI's anticipated selection/award during -the
July 1996 period, through first day of revenue service n later
than Sept. 1, 1996.
10) Indicate briefly why you consider your firm to be the best to
perform this contract. Be sure to include any new or creative
ideas that would provide LODI with a high quality, safe,
efficient, cost-effective, transit operation that is responsive to
the community.
11) Describe other organizational resources and services which
your firm will provide at no additional charge as part of this
Agreement.
Page IV -3
12) How many years has the proposer provided or managed publicly -
funded fixed route and dial -a -ride transit services? List time
spans and describe the service provided, including annual revenue
vehicle mileage, number and size of vehicles, general public or
specialized service, size of service area, amount of farebox
revenue collected annually, and any other relevant operations
data. Identify the responsible individual at the public agency
who can verify service, and provide his/her name, telephone
number, and position.
Number of Years of Experience Operating fixed route and Dial -a -
Ride Transit Services:
Fixed Route Services
System Number & Annual
Name & Dates of Annual Size Fare Contact Contact
Address Service Miles Vehicles Revenue Person Phone
Paratransit (Dial -a -ride) Services
System Number &
Name & Dates of Annual Size of
Address Service Miles Vehicles
Page IV -4
Annual
Fare Contact Contact
Revenue Person Phone
13) Specifically identify the proposed on-site Operations
Manager/Site Supervisor. (Please attach a resume) Describe their
qualifications and experience. Identify in which site(s) this
person obtained the required experience cited in the Minimum
Qualifications section of the RFP. Identify a responsible
individual, not from the proposing. firm, who can verify the
proposed Manager/Supervisor's experience.
The on-site Operations Manager/Site Supervisor will be:
14) Present a proposed organizational chart for staffing this
fixed route and dial -a -ride transit program. Include management,
supervisor, office, dispatch, driver, mechanic, and service
personnel as appropriate. Complete and Attach the PROPOSED
STAFFING FORM (page IV -8) including the number of positions
budgeted for each personnel classification, whether full-time or
part-time, and the range and average wages for each position.
15) Describe the fringe benefit package which will be provided,
including dollar value or percentage -of -wages equivalent of such
benefits, and the positions to which such benefits shall apply.
16) What is your firm's proposal with regard to the current
contract employees? (Please be thorough.)
17) Describe the training that will be required of drivers and
dispatchers. Include a full description of procedures used for
Page IV -5
scheduling/dispatching "triage" decisions (e.g., passenger/vehicle
matches).
18) Describe your firm's proposed program to accommodate "no-
shows", absenteeism, vacation and turnover of employees.
19) Describe in detail your firm's experience in providing
transportation services for elderly and disabled persons, both as
an individual service and when integrated with a general public
service. what specific training will you provide to ensure that
drivers and dispatchers are able to respond to the special needs
of these passengers?
20) How many miles per year do you plan to operate the LODI-
provided vehicles, out -of -revenue -service?
Deadheading
Training
Maintenance
Other (specify)
21) Describe your firm's proposed security program for vehicles,
equipment, and fare revenue.
22) Describe what steps your firm will take to promptly
repair/replace any LODI vehicles or equipment which may be damaged
or destroyed while in your possession or under your control.
Page IV -6
23) Describe the supplies, support equipment, and other materials
which will be provided by your firm at your office facility.
Compare to the minimum requirements of the RFP.
24) Describe your firm's Management Information System and how it
will be used to report the operational/financial data required in
the Scope of Work. Include a sample Monthly Report for a combined
fixed route and Dial -a -Ride service.
25) List the number of miles between preventable collision
accidents for each system operated by your firm during each of the
three (3) past years.
26) Describe or attach a copy of your firm's Substance Abuse and
Employee Counseling program.
If you are making a proposal on equipment maintenance please
answer questions 27, 28, 29, 30, and 31.
27) Identify the experience and qualifications, including
references, for the lead maintenance person (Please include a
resume) or the firm which will provide maintenance services.
The Lead Mechanic will be:
Page IV -7
28) Specifically describe your proposed approach to providing
maintenance services. Describe your firm's proposed PMI program
for all vehicles, components and equipment used .in LODI's fixed
route and dial -a -ride transit service, including but not limited
to engine, transmission, brakes, chassis, wheelchair lifts or
ramps, air conditioning, fareboxes, batteries, and two-way radios.
Include both mileage and time intervals, and compare this program
to the requirements of GPPV. Describe follow- up,procedures for
any problems or defects noted on driver "squawk" sheets or
inspection reports.
29) Describe in detail your proposed rebuilding program for
engine systems, cooling systems, transmission, alternators,
starters, and other components. Be as specific as possible and
include a proposed schedule on when and how many rebuilds will
take place.
30) Describe the maintenance tools, supplies, support equipment,
and other equipment which will be provided by your firm at your
maintenance facility. Compare to the minimum requirements of the
RFP.
31) Describe your firm's proposed spare parts inventory program
for any vehicles/components/equipment used for LODI service.
32) Describe your proposed drug and alcohol testing program,
including how it complies with federal requirements.
Page IV -8
33) ATTACH:
A) At least four (4) recent CHP safety -compliance reports (or
other applicable law enforcement safety-related monitoring
reports) which pertain to current transit services operated
by your firm.
B) Your firm's Income Statement and Balance Sheet for the three
most recent fiscal years.
C) Sample driver "squawk" sheets/vehicle inspection reports.
D) Documents proposed to be used in the PMI program.
Page IV -9
B) STAFFING
City of Lodi Transit System
Fixed Route and Dial -a -Ride Transportation Services
PROPOSED STAFFING for the firm of:
JOB CLASSIFICATIONS
NUMBER OF
POSITIONS
AVERAGE
WEEKLY
HOURS
WAGE SCALE
PER HOUR
AVERAGE
HOURLY WAGE
MANAGEMENT:
Operations Manager/
Site Supervisor
NAME:
Dispatchers:
Drivers:
Lead Mechanic
NAME:
Other Maintenance:
Other:
Page IV -10
RAW 1x '".4'*
INSTRUCTIONS TO PROPOSERS:
Use the forms on the following pages to submit your Cost Proposal for
the LODI fixed route and dial -a -ride transportation services. These
required forms are organized as follows:
1) Lodi Transit Service --Base Service --Fixed Costs
PAGE IV -12
2) Lodi Transit Service --Base Service --Variable Costs
PAGE IV -13
3) Lodi Transit Service --Base Service --Start up Costs
PAGE IV -14
4) Lodi Transit Service --Base Service --Summary
PAGE IV -15
5) Lodi Transit Service --Vehicle Maintenance --Fixed Costs
PAGE IV -16
6) Lodi Transit Service --Vehicle Maintenance --Variable Costs
PAGE IV -17
7) Lodi Transit Service --Vehicle Maintenance --Start up Costs
PAGE IV -18
8) Lodi Transit Service --Vehicle Maintenance --Summary
PAGE IV -19
9) Lodi Transit Service --ALTERNATIVES II, III, IV, V, & VI
PAGE IV -20
Page IV -11
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- BASE SERVICE
For the Firm of:
July 1, 1996- July 1, 1997 -
June 30, 1997 June 30, 1998
Estimated Annual
Service Hours 31,520 31,520
FIXED COSTS•
la. Management Wages $
lb. Management Benefits
2a. Dispatcher/
Clerical Wages
2b. Dispatcher/
Clerical Benefits
3. Facility
4. Utilities
5. Other Equipment
6. Insurance
7. Performance Bond
8. Other Services
9. Office Supplies
10. Marketing Services/
Supplies/Printing
11. Other Materials and
Supplies
12. Other Expenses
(Please Specify)
One Time Start-up Expenses
(from page IV -14)
Management Fee and
Profit ( o)
SUBTOTAL (Fixed) $
Page IV -12
E
N
r1
July 1, 1998 -
June 30, 1999
31,520
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- BASE SERVICE
July 1, 1996 -
June 30, 1997
Estimated Annual
Service Hours
VARIABLE COSTS:
la. Drivers' Wages $
lb. Drivers' Benefits
2a. Maintenance Wages
2b. Maintenance Benefits
3. Contract Maintenance
Fees
4. Vehicle Equipment
and Parts
5. Fuel & Lubricants
6. Recruitment and
Training Expenses
7. Physicals
8. Uniforms
9. Other Services
(Specify)
10. Other Materials and
Supplies (Specify)
11. Other Expenses
(Specify)
31,520
July 1, 1997 -
June 30, 1998
31,520 -
SUBTOTAL (Variable) $ $
Page IV -13
July 1, 1998 -
June 30, 1999
31,520
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- START-UP COSTS (Contract Award/June 1994
through September 1, 1994) Base Service
For the Firm of:
FIXED
COSTS:
VARIABLE COSTS:
la.
Management Wages $
la. Drivers Wages $
1b. Drivers
lb.
Management Benefits
Benefits
2a.
Dispatcher/
2a. Maintenance
Clerical Wages
Wages
2b.
Dispatcher/
2b. Maintenance
Clerical Benefits
Benefits
3.
Facility
3. Contract Maintenance
Fees
4.
Utilities
4. Vehicles Equipment
& Parts
S.
Vehicle Leasing
5. Fuel &
or Amortization
Lubricants
6. Recruitment &
6.
Other Equipment
Training
7.
Insurance
7. Physicals
8.
Performance Bond
8. Uniforms
9.
Other Services
9. Other Services
(specify)
10.
Office Supplies
10. Other Materials and
Supplies
11.
Marketing Services/
11. Other Expenses
Supplies/Printing
(specify)
Management Fee and
Profit
SUBTOTAL (Start -Up) $
Page IV -14
BUDGET PROPOSAL SUMMARY (INCLUDES START-UP) Base Service
For the Firm of:
July 1, 1996- July 1, 1997- July 1, 1998 -
June 30, 1997 June 30, 1998 June 30, 1999
BASE SERVICE:
Fixed Cost $ $ $
Variable Cost $ $ $
Total Cost $ $ $
Please indicate:
a. Monthly Fee (1/12th of Fixed Costs)
b. Hourly Rate
C. Hourly Rate for Additional Services
(See Section 10 of Transit Services Agreement)
Please refer to draft Transit Services Agreement for definitions,
descriptions, and applicability of these costs.
CERTIFICATION:
This Budget Proposal, including all options and other attached
Proposal materials, represents 'ah' of f er to do work as described in this
Proposal. It is understood this offer shall remain valid until July 1,
1996, and the amount of the bid shall remain valid through the term of
the Agreement.
Signature-
(Authorized Person with Legal Authority to Bind Proposer)
Signer's Name and Title:
Date Signed:
Page IV -15
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- Alternative I Vehicle Maintenance
For the Firm of:
July 1,
1996-
July 1, 1997- July 1, 1998 -
June 30,
1997
June 30, 1998 June 30, 1999
Estimated Annual
Service Hours
31,520
31,520 31,520
FIXED COSTS•
Ia. Management Wages $
$ $
lb. Management Benefits
2a. Dispatcher/
Clerical Wages
2b. Dispatcher/
Clerical Benefits
3. Facility
4. Utilities
5. Vehicle Leasing
or Amortization
6. Other Equipment
7. Insurance
8. Performance Bond
9. Other Services
10. Office Supplies
11. Marketing Services/
Supplies/Printing
12. Other Materials and
Supplies
13. Other Expenses
(Please Specify)
One Time Start-up Expenses
(from page IV -18)
Management Fee and
Profit ( a)
SUBTOTAL (Fixed) $
Page IV -16
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- Alternative I Vehicle Maintenance
July 1, 1996- July 1, 1997- July 1, 1998 -
June 30, 1997 June 30, 1998 June 30, 1999
Estimated Annual
Service Hours 31,520 31,520
VARIABLE COSTS:
la. Drivers' Wages $ $
lb. Drivers' Benefits
2a. Maintenance Wages
2b. Maintenance Benefits
3. Contract Maintenance
Fees
4. Vehicle Equipment
and Parts
S. Fuel & Lubricants
6. Recruitment and
Training Expenses
7. Physicals
8. Uniforms
9. Other Services
(Specify)
10. Other Materials and
Supplies (Specify)
11. Other Expenses
(Specify)
SUBTOTAL (Variable) $ $
Page IV -17
31,520
City of Lodi Fixed Route and Dial -A -Ride Transportation Services
BUDGET PROPOSAL -- START-UP COSTS (Contract Award/June 1994
through September 1, 1994) Alternative I
Vehicle Maintenance
For the Firm of:
la.
FIXED
Management
COSTS:
Wages $
VARIABLE COSTS:
la. Drivers Wages$
lb.
Management
Benefits
lb. Drivers Benefit
2a. Dispatcher/
Clerical Wages
2b. Dispatcher/
Clerical Benefits
3. Facility
4. Utilities
S. Vehicle Leasing
or Amortization
6. Other Equipment
7. Insurance
8. Performance Bond
9. Other Services
2a. Maintenance
Wages
2b. Maintenance
_ Benefits
3. Contract Maintenance
Fees
4. Vehicles Equipment
& Parts
S. Fuel &
Lubricants
6. Recruitment &
Training
_7. Physicals
_8. Uniforms
9. Other Services
(specify)
10. Other Materials and
10. Office Supplies Supplies
11. Marketing Services/ 11. Other Expenses
Supplies/Printing (specify)
12. Other Materials and
Supplies
13. Other Expenses
(Please Specify)
Management Fee and
Profit
SUBTOTAL (Start -Up) $
Page IV -18
BUDGET PROPOSAL SUMMARY (INCLUDES START-UP) Alternative I
Vehicle Maintenance
For the Firm of:
July 1, 1996- July 1, 1997- July 1, 1998 -
June 30, 1997 June 30, 1998 June 30, 1999
BASE SERVICE:
Fixed Cost $ $ $
Variable Cost $ $ $
Total Cost $ $ $
Please indicate:
a. Monthly Fee (1/12th of Fixed Costs)
b. Hourly Rate
y
C. Hourly Rate for Additional Services
(See Section 10 of Transit Services Agreement)
Please refer to draft Transit Services Agreement for definitions,
descriptions, and applicability of these costs.
CERTIFICATION:
This Budget Proposal, including all Options and" other attached
Proposal materials, represents an offer to do work as described in this
Proposal. It is understood this offer shall remain valid until July 30,
1994, and the amount of the bid shall remain valid through the term of
the Agreement.
Signature:
(Authorized Person with Legal Authority to Bind Proposer)
Signer's Name and Title:
Date Signed:
Page IV -19
City of Lodi Fixed Route and Dial -A -Ride Transportz!±�-.=, ja�vjlizq-
BUDGET PROPOSAL -- ALTERNATIVES II, III, IV, �„ 7.7
For.;
of:
July 1, 1996- July 1, 1997 -
June 30, 1997 June 30, 199&
Estimated Annual
Service Hours 31,520 31,520
COSTS:
ALTERNATIVE II -
SECURED STORAGE
ALTERNATIVE III -
RADIO MAINTENANCE
ALTERNATIVE IV -
INSURANCE
ALTERNATIVE V -
ADMINISTRATIVE &
DISPATCH FACILITY
ALTERNATIVE VI -
MAINTENANCE OF SHELTERS
AND BENCHES
OTHER EXPENSES
(Please Specify)
One Time
Start-up Expenses
Management Fee and
Profit ( %)
TOTAL
0
Page IV -20
Firm
Jure Im„ 21S99
y • • k
The names of all persons interested in the foregoing proposal as
principals are as follows:
(Stockholders and limited partners need not be listed unless they are
officers or employees of the corporation or limited partnership. All
general partners and corporate officers shall be listed. If a
stockholder or partner is a firm, list the principals of that firm, as
stated herein. If proposer or other interested person is a corporation,
it must furnish a certificate attesting to corporate existence and
authority of officers to sign contracts and other documents. State
legal name of corporation, names of the president, secretary, treasurer,
and manager thereof.)
NAME BUSINESS ADDRESS INTEREST
(Owner, partner, etc.)
Attach additional sheets if necessary, by staple.
Signature of Authorized Official:
Name Title
Street Address
Sign here:
City, State and Zip Code
Date
Page IV -21
-614folotoM MR -03 41-1
DESIGNATED SUBCONTRACTOR NAME
SUBCONTRACTOR PORTION OF WORK AND ADRESS
Page IV -22
'Me'S'
One signed original of Proposal
Five copies of Proposal
Required Proposal Forms
IV. A. Proposal Questionnaire #
IV. B. Proposed Staffing
IV. C. Budget Proposals
IV. D. Statement of Principals
IV. E. Designated Contractors
Signed Coversheet for Proposal Addendum # 1
* Indicate Which Budget Sheets are Enclosed for Options:
Fixed Costs Variable Costs Start-up
Base Proposal
Alternative I
Alternative II
Alternative III
Alternative IV
Alternative V
Alternative VI
Page IV -23
# Attachments and Enclosures to Proposal Questionnaire:
Experience in operating public transit fixed route and
dial -a -ride systems
Organizational chart
Description of fringe benefit program
Name and qualifications of Site Supervisor and
Lead Mechanic
Certification of Drug -Free Workplace
Substance abuse and employee counseling program
At least 4 recent CHP inspection reports
Income Statement and Balance Sheet for 3 most
recent fiscal year
Driver "squawk sheet"/inspection report
Documents to be used in PMI program
Sample MIS monthly Report
Start-up Plan, schedule, and detailed costs
Organizational resources and services to be
provided by firm at no additional charge
Operating/Dispatching Procedures
Fare Reconciliation Procedures
FTA required certifications
Page IV -24
FEDERAL TRANSIT ADMINISTRATION
REQUIRED CERTIFICATIONS AND CONTRACT PROVISIONS
Page IV -26
CONTRACT PROVISIONS
All Contracts and Purchase Orders
Title VI Civil Rights Act of 1964
During the performance of the contract, the Contractor, for itself,
its assignees and successors in interest, agrees as follows:
The Contractor shall comply with the Regulations relative to
nondiscrimination in the Federally assisted programs of the Department
of Transportation (hereinafter DOT) Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations) which are herein
incorporated by reference and made part of the contract.
Disadvantaged Business Enterprises - DBE
It is the policy of the City of Lodi and the Department of
Transportation that disadvantaged business enterprises as defined in
49 CFR Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the DBE requirements of 49
CFR Part 23 apply to this agreement.
Non -Collusion Affidavit
By submitting a proposal, the submitter represents and warrants that -
such proposal is genuine and not a sham or collusive or made in the
interest of or behalf of any person not therein named, and that the
submitter has not directly or indirectly, induced or solicited and any
other person, firm or corporation to refrain from submitting a
proposal, and that the submitter has not in any manner sought by
collusion to secure to the submitter an advantage over any other
submitter.
If, at any time, it shall be found that the person, firm or
corporation to whom the contract has been awarded has, in presenting
any proposal or proposals, colluded with any other party or parties,
then the contract so awarded shail be null and void and the contractor
shall be liable to LODI for all loss or damage which LODI may suffer
thereby. The City Council may advertise for a new contract for said
labor, supplies, materials or equipment.
CONTRACT TERMINATION
TERMINATION FOR CONVENIENCE
The buyer may terminate the contract, in whole or in part at any time
by written notice to the contractor. The contractor shall be paid its
costs, including contract close-out costs and profit in work performed
up to the time of termination. The Contractor shall promptly submit
its termination to be paid the Contractor. If the Contractor has any
property in its possessio belonging to the buyer, the Contractor will
account of the same and dispose of it in the manner the Buyer directs.
TERMINATION FOR DEFAULT
If the Contractor does not perform in accordance with the contract
delivery schedule, or, if the contract is for services and the
Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the
contract, the Buyer may terminate the contract for default.
Termination shall be effected by serving a notice of termination on
the Contractor setting forth the manner in which the Contractor is in
default. The Contractor will be paid only the contract price for
supplies delivered and accepted, and for services performed in
accordance with the manner of performance set forth in the contract.
If the Buyer later determines that the Contractor had an excusable
reason for not performing, such as a strike, fire or flood, events
which are not the fault of, or are beyond the control of the
Contractor, the Buyer, after setting up new delivery or performance
schedules, may allow the Contractor to continue -to work, or treat the
termination as a Termination for Convenience.
In the event the Buyer exercises its right of termination for default,
and assesses liquidated damages, the Contractor shall be liable to the
Buyer for excess costs and, in addition, for liquidated damages, in
the amount as fixed, agreed and liquidated damages for each calendar
day of delay, until such time as the Buyer may reasonable obtain
delivery or performance of'similar items or services.
If the contract is not so terminated, the Contractor shall continue
performance and be liable to the Buyer for such liquidated damages for
each calendar day of delay until the delivery of services performed.
The Contractor shall not be responsible for liquidated damages
resulting from delays such as Acts of God, Strikes, Fires, Flood and
events which are beyond the control of the Contractor.
Conflict of Interest
No employee, officer, or agent of LODI shall participate in selection,
or in the award or administration of a contract if a conflict of
interest, real or apparent, would be involved. Such a conflict would
arise when any of the following parties has a financial or other
interest in the firm selected for award: (a) a LODI employee, officer
or agent; (b) any member of his/her immediate family; (c) his/her
partner; or (d) an organization which employs, or is about to employ
any of the foregoing, parties. LODI's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything of
monetary, value from contractors, potential contractors, or parties of
subagreements.
Audit of Records
Contractor agrees to permit the LODI, the Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives to inspect all work, materials, payrolls,
and other data and records with regard to the Project, and to audit
the books, records, and accounts of Contractor with regard to the
Project. Further, Contractor agrees to maintain all, required records
for at least three years after LODI makes final payment under the
Contract and all other matters are closed.
Conservation
Contractor shall recognize mandatory standards and policies relating
to energy efficiency which are contained'in State Energy Conservation
Plan issued in compliance with the Energy Policy and Conservation Act
(42 USC Section 6321 et. seq.).
Interests of Members of or Delegates to Congress
No member of or delegate to the Congress of the United State shall be
admitted to any share or part of this Project or to an benefit
therefrom.
Carao Preference
46 USC 1241 (b)(1) and 46 CFR Part 381 impose cargo preference
requirements on the shipment of foreign made goods, requirements
therein apply to this contract.
The above contract provisions are required to be certified to by all
contractors involved in any type of contract with the City of Lodi
Transit System.
Please sign and return one copy of the provisions to the City of Lodi.
Company Name
Signed
Title
Date
DRUG-FREE WORKPLACE ACT CERTIFICATION
FOR A PUBLIC OR PRIVATE ENTITY
Company Name
1. The Contractor or grant recipient named above hereby certifies
compliance with Government Code Section 8355 in matters relating
to providing a drug free workplace. The above named contractor
will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Applicant's workplace
and specifying the actions that will be taken against employees
for violation of such prohibition;
b. Establishing on ongoing drug-free awareness program to inform
employees about --
1) The dangers of drug abuse in the workplace;
2) The Applicant's policy of maintaining a drug-free workplace;
3) Any available drug counseling, rehabilitation; and employee
assistance programs; and,
4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the
performance of the grant, contract, or cooperative agreement be
given a copy of the statement required by paragraph a;
d. Notifying the employee in the statement required by paragraph
a. that, as a condition of employment under the grant or
cooperative agreement, the employee will --
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the
workplace no later. than .five calendar days after such
conviction;
e. Notifying the Federal agency in writing, within ten calendar
days after receiving notice under subparagraph d.2) from an
employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide
notice, including position title, to every project officer or
other designee on whose project activity the convicted employee
was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant or cooper-
ative agreement.
f. Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph d.2), with respect to any
employee who is so convicted --
1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as
amended; or
2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency;
g. Making good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs a, b, c, d, e,
and f.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized to
bind the contractor or grant recipient to the above described
certification, executed on the date and in the county below, is made
under penalty of perjury under the laws of California
Officials Name Date
Executed in the county of
Contractor Name
Title Fed Idn
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, , hereby certify on
behalf of that:
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 award of any Federal contract, the making of nay
Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement , .and the extension,
continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall compete and submit Standard Form LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tires (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance is placed when this transaction wasmade or
entered into. submission of this certification is a
prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Officials Name Date
Executed in the county of
Contractor Name
Title Fed Idn
CERTIFICATION OF LOWER TIER PARTICIPANTS REGARDING DEBARMENT.
SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSIONS
The lower tier participant (potential sub -grantee or sub -recipient
under an FTA project, potential third party contractor or potential
subcontractor under a major third party contract),
, certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, ..suspended,
proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by'any Federal department or
agency.
(If the Lower Tier participant'( potential sub -grantee or sub -recipient
under an FTA project, potential third party contractor or potential
subcontractor under a major third party contract] is unable to certify
to any of the statements in this certification, such participant shall
attach an explanation to this proposal).
THE LOWER TIER PARTICIPANT ((potential sub -grantee or sub -recipient
under an FTA project, potential third party contractor or potential
subcontractor under a major third party contract),
, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. pp 3801
ET. SEO. APPLICABLE THERETO.
Name
Title
Company
Date
CERTIFICATION REGARDI_NG DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The Primary Participant, (applicant for an FTA grant or cooperative
agreement, or potential third party contractor for a major third party
contract)
knowledge and
belief, that it and
certifies to the best of its
its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgement 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 stolen
property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
(4) Have not within a three year period preceding this
application/proposal had one or more public transactions
(federal, State or local) terminated for cause of default.
THE PRIMARY PARTICIPANT, (applicant for an FTA grant or
cooperative agreement, or potential third party contractor for
a major third party contract)
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C.
pp 3801 ET. SEQ. APPLICABLE THERETO.
Name
Title_
Company,
Date
Section V:
TRANSIT SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 1996, by
and between the City of Lodi, hereinafter referred to as "LODI"
and hereinafter referred to as
"CONTRACTOR."
PtOWN12MINVUE
WHEREAS, CONTRACTOR has the management and technical
personnel, expertise, and other assets useful for the support of
LODI's transportation project; and
WHEREAS, CONTRACTOR is desirous of providing such services;
and
WHEREAS, LODI is desirous of obtaining such services for said
project; and
NOW THEREFORE, in consideration of the foregoing recital and
covenants and agreements of each of the parties, the parties do
agree as follows:
LODI hereby contracts with CONTRACTOR to provide
transportation management operations and vehicle services upon the
terms and conditions hereinafter set forth.
CONTRACTOR will provide the services to be rendered as set
forth in the RFP and the Proposal made by the CONTRACTOR and any
modifications thereto negotiated by the parties attached hereto
and by reference incorporated herein and made a part hereof as set
forth in Exhibit 1 (Scope of Work).
Page V-1
The term of this Agreement shall be from to
June 30, 1999, inclusive. CONTRACTOR shall commence start-up for
transit service operations of LODI's Fixed Route and Dial -A -Ride
transportation project no later than 1996, and
commence revenue passenger service not later than 1996,
and shall continue operation through June 30, 1999, within the
budget defined under the heading "Maximum Obligation." Upon
agreement by LODI and the CONTRACTOR, this Agreement may be
extended for up to three one-year periods.
�aRUTERMWON43. �
a. For the period , 1996 to June 30, 1999,
LODI agrees to pay CONTRACTOR in consideration for its services as
described herein. The maximum cost to be paid by LODI to
CONTRACTOR shall not exceed $ during the , 1996
to June 30, 1997 period, $ during the July 1, 1997 to
June 30, 1998 period (hereafter FY 1997-1998), $ during
the July 1, 1998 to June 30, 1999 period (hereafter FY 1998-1999).
b. These maximum amounts are based on the assumption that
CONTRACTOR will provide the 31,520 vehicle service hours during
each budget period:
A Vehicle Service Hour is defined as that time during which a
revenue vehicle is available to carry passengers and which
includes only those times between the time of the first passenger
pick-up and the last passenger drop -,off during a period of the
vehicle's continuous availability. A vehicle is in revenue
service• despite a no-show. or cancellation, .if the vehicle remains
available for passenger use. Vehicle service hours include those
times during which a vehicle has dropped off a passenger and is
traveling to pick up another passenger, but not those times when
the vehicle is unavailable for service due to a lunch or other
break. Vehicle service hours exclude times of "deadhead" travel
to the first pick-up and from the last drop-off back to the
CONTRACTOR's office or terminal,
C. In the event CONTRACTOR does not complete the number of
Vehicle Service Hours for -each budget period as defined in Section
Page V-2
4 of this Agreement, then the Maximum Obligation defined in
Section 4 (a) shall be reduced for each and every Vehicle Service
Hour not provided by CONTRACTOR. The amount of reduction per
Vehicle Service Hour is as follows:
July 1,
July 1,
to June 30,
1997 to June 30,
1998 to June 30,
1997:
$
1998:
$
1999:
$
In no event will LODI be required to pay CONTRACTOR more than the
adjusted Maximum Obligation (excluding Extra Service and Change
Orders) during any budget period without the prior written
approval of LODI.
5. Price Formula:
LODI agrees to pay CONTRACTOR for performance of the base
services set forth in this Agreement as follows, but in no event
shall the total payments exceed the amounts set forth in Section 4
above:
a. Payment of a fixed hourly rate, per vehicle service hour,
of $ in 1996-97, $ in 1997-98, and $ in 1998-99.
The hourly rate shall compensate CONTRACTOR for vehicle operator's
and maintenance employees wages, fringe benefits and indirect
labor costs, contract maintenance fees, uniforms, physical's,
fuel, tires, maintenance parts, lubricants, vehicle preventative,
minor, and major maintenance. CONTRACTOR agrees to charge LODI
for actual labor costs incurred, not to exceed the maximum hourly
wages for each employee classification, as set forth in the RFP by
this reference incorporated in and made a part of this Agreement.
b. Payment of a fixed monthly rate, per service month, of
$ in 1996-97, $ in 1997-98,. and $ in 1998-99.
This monthly rate shall compensate CONTRACTOR for the following:
vehicle operator's non -service wages; management's, and
dispatcher's wages; said employees' fringe benefits and indirect
labor costs; facility cost; report reproduction; dispatch office
supplies; radio maintenance, vehicle and other required insurance,
all required maintenance equipment, project telephones, radio base
station and mobile units vehicles leases as necessary, recruiting
supplies, office supplies, marketing, tickets, passes, brochures,
one time start up expenses, fee, and all other related operational
Page V-3
costs necessary to complete the project as specified and set forth
in the RFP and by this reference incorporated in and made a part
of this Agreement.
C. CONTRACTOR and LODI acknowledge that. the sums due
CONTRACTOR under above paragraphs 5 (a) and 5 (b) are determined
on the basis of the projected costs of labor (direct and indirect)
and the services, supplies, equipment, and facilities set forth in
paragraph 5 (b). The parties hereby agree that the sums due and
billed to LODI under each of said above paragraphs shall be
subject to adjustment on the following basis:
(1) At the close of each calendar quarter during which
this Agreement was in effect, the LODI shall determine, based on
data provided to it by CONTRACTOR, the actual cost of providing
the maintenance and operations services pursuant to this
Agreement. When such actual cost of providing services is
determined to have been lower than the projected cost, the sums
due and payable for vehicle service hours and the monthly fee
shall be adjusted downward to the actual cost figure. In the
event that the actual documented costs to CONTRACTOR exceed the
budgeted amount in any quarter following a quarter in which a
downward adjustment was made and a refund paid to LODI, LODI
agrees to reimburse CONTRACTOR for actual documented costs in an
amount not to exceed the downward adjustment refunded to LODI for
the preceding quarters.
(2) In order to permit LODI to determine the necessity
of an adjustment pursuant to paragraph 5 (c)(1), CONTRACTOR shall
make the information set forth in paragraph 7 (c) available to
LODI within sixty (60) days of the close of each of the first
three calendar quarters and within ninety (90) days of the fourth
contract quarter. In the event that a downward adjustment is
required, CONTRACTOR shall make -refund -to LODI within thirty (30)
days of notice to CONTRACTOR by LODI that a refund is owing. If
such refund is not made within the allowed time, LODI will deduct
the amount from the CONTRACTOR's next payment.
CONTRACTOR shall submit to LODI, on a monthly basis, a statement
of expenses incurred during the month for which CONTRACTOR is
billing LODI. Said statement of expenses shall be detailed by
account categories acceptable utilized by CONTRACTORS system of
Page V-4
accounts. Reporting categories in CONTRACTOR's system of accounts
shall conform to the Uniform System of Accounts.
c. In addition to the charges described in 5. b above,
LODI shall pay CONTRACTOR on a monthly basis any and all sums due
as a result of negotiated Change Orders and/or Extra Services
provided. These Change Orders and Extra Services shall be
excluded from the "Maximum Obligation" limitation described in
Section 4 of this Agreement.
d. LODI agrees to provide the following to CONTRACTOR at
no cost to the CONTRACTOR: 17 vehicles as described in separate
document, "LODI Transit Fleet Inventory"; all fuel used in the
performance of this Agreement; system planning; system marketing;
vehicle liability, comprehensive, collision and property damage
insurance; vehicle and radio maintenance; dispatch and
administrative facilities, vehicle garaging, and fareboxes in the
vehicles. NOTE: This paragraph may change depending upon the
agreed upon scope of work.
6. Invoices•
CONTRACTOR shall submit invoices to LODI as follows:
a. Hourly costs shall be directly traceable by dispatcher
and/or driver trip sheets and employee time sheets, said invoices
shall specify the dates of service and designate by driver and
vehicle number the number of revenue service hours claimed; copies
of which will be submitted to the LODI monthly with each invoice
to LODI.
b. Fixed monthly rate as defined in 5(b) shall be added to
the monthly invoice, in addition to the hourly cost described in
5 (a) .
C. Charges for extra services as authorized by this
Agreement shall be billed monthly with charges directly traceable
to trip sheets, receipts, bills, etc., copies of which shall be
attached to the invoice. Each such statement shall contain a
certification that all amounts billed are in accordance with this
Agreement.
Page V-5
EMINUMT-7101M• • - I • - • • _ •
a. A complete and separate documentation, accounts and/or
records shall show details of transactions pertaining to the
management, maintenance and operation of LODI's system under the
terms of this Agreement as set forth in the RFP. System
transactions shall not be co -mingled with other CONTRACTOR
operations, if any. CONTRACTOR's records shall be kept with
sufficient detail to constitute an audit trail to verify that any
and all costs charged to LODI's system are in fact due to
operations pursuant to this Agreement.
b. All costs charged to this agreement must be demonstrated
to have been expended for operations pursuant to this agreement to
be reimbursable under the terms of this Agreement.
C. CONTRACTOR shall submit the following reports to LODI on
a monthly basis:
(1) Labor Cost Report - Summarizing the total amount of
labor and fringe benefits charged to LODI;
(2) Expense Report - Listing in detail all materials
charged to LODI;
(3) Labor Distribution Report - A detailed listing of all
labor attributable to LODI transit systems by type.
d. Nonfinancial records shall be maintained and reported in
accordance with Paragraphs 16 through 18 of this Agreement.
All payments by LODI shall be made in arrears, after the
service has been provided. Payment shall be made by LODI no more
than forty-five (45) days, from LODI's receipt of an. invoice. if
LODI disputes any item on an invoice for a reasonable cause, LODI
may deduct that disputed item from payment, but shall not delay
payment for the undisputed portions. The amounts and reasons for
such deletions shall be documented to CONTRACTOR within forty-five
(45) working days of the receipt of the invoice by LODI. If
CONTRACTOR disagrees with the deductions made by LODI, such
disputes shall be resolved under the provisions of Paragraph 25 of
this Agreement. LODI shall assign a sequential reference number
Page V-6
to each deletion. Payments shall be by voucher or check payable
to and mailed first-class to:
CONTRACTOR:
9. Operating Revenues:
All operating revenues collected by CONTRACTOR are the
property of LODI. Operating revenues include but are not limited
to, all fares, extra services, sales of tickets and passes,
advertising sales, and rental of equipment. They shall be counted
and deposited daily and kept separate under appropriate security.
Reports on the revenues collected and deposited shall be provided
to LODI.
CONTRACTOR shall provide LODI with a written description of
CONTRACTOR's procedures regarding the collection, counting and
controlling of fare revenues. These procedures are subject to
LODI 's approval. As a part of the fare collection procedures
CONTRACTOR shall provide a revenue report by each dial -a -ride
vehicle along with all the reports set forth in the RFP.
10. Extra Services:
Such additional service hours above those contained in the
Scope of Work, up to 1,500 additional hours, extra and promotional
services, will be provided by CONTRACTOR upon prior written
authorization by-LODI's authorized representative at the hourly
rate of $ _ Promotional services include but are not
limited to participation in parades, community events, fairs and
other such activities identified by LODI. Extra services
requiring the CONTRACTOR to provide an additional vehicle or
vehicles will be provided by the CONTRACTOR upon prior written
authorization of LODI's authorized representative at the hourly
rate of $_._ All extra services shall be provided in addition
to Basic Services as defined in Exhibit 1 (Scope of Work), and
costs shall be treated as a change to this Contract as defined
Page V-7
below under Paragraph 18, "Changes," and shall be in excess of the
maximum price defined as "Maximum Obligation" in Paragraph 4 of
this Agreement.
The CONTRACTOR's performance shall be reviewed and, where
appropriate, penalties shall be assessed .with each invoice based
on the Performance Monitoring Program contained: in Exhibit 1
(Scope of Work. The decision of LODI is final with respect to any
assessment of penalties. Such penalties apply only to those
periods of time when assessments are made. LODI and CONTRACTOR
agree that the Performance Monitoring Program shall not be in
effect during the first three (3) months of the system's
operation.
.Both parties agree the assessment of penalties relative to
the Performance Monitoring Program shall not lessen LODI's right
to declare a material breach of his Agreement, particularly if the
CONTRACTOR is assessed penalties for repeated failure to comply
with the operating requirements and standards of this Agreement.
12. Control:
a. The parties intend that the CONTRACTOR, in performing the
services specified hereunder, shall act as an independent
CONTRACTOR and shall have full control of the work and the manner
in which it is performed. The CONTRACTOR is not to be considered
an agent or employee of LODI and the CONTRACTOR's employees are
not entitled to participate in any compensation program, pension
plan, insurance, bonus or similar benefits LODI may provide its
own employees.
b. All services to be rendered by CONTRACTOR under this
Agreement shall be subject to the review, monitoring and
evaluation of LODI to ensure performance of the activities
described in the Scope of Work, as set forth in attached Exhibit 1
(Scope of Work). CONTRACTOR shall advise LODI of matters of
importance and make recommendations when appropriate; however,
final authority regarding actions which would modify or change the
Scope of Work shall rest with LODI.
Page V-8
C. LODI shall not directly discipline or terminate
CONTRACTOR employees. LODI may advise CONTRACTOR of any
employee's inadequate performance which has a negative impact on
the services being provided, and CONTRACTOR shall take prompt
action to remedy the situation. In extreme cases, LODI may
demand, in writing, removal of a CONTRACTOR employee, and
CONTRACTOR shall effect removal immediately.
During the term of this Agreement, CONTRACTOR shall provide
sufficient executive and administrative personnel as shall be
necessary and required to perform its duties and obligations under
the terms of this Agreement.
14. Audit:
CONTRACTOR shall permit the authorized representatives of
LODI, the California State Controller's Office, the San Joaquin
County Council of Governments, and other funding agencies as may
become relevant to inspect and audit all data and records of the
CONTRACTOR relating to performance under this Agreement.
CONTRACTOR shall report transportation data to LODI in
accordance with the California Public Utilities Code, Section
99243, and report and maintain records in accordance with
Title 21 of the California Code of Regulations. At such time as
may be required by the receipt of federal funding, reporting shall
also be. in accordance with. the. Uniform Accounting .and Reporting
Elements as required under Section 15 of the Urban Mass
Transportation Act of 1964 as amended.
INN url"I F.
All information, data, reports, records, maps, survey results
as existing, available, and necessary for carrying out the work as
Page V-9
outlined in Exhibit 1 (Scope of Work), shall be furnished to
CONTRACTOR without charge by LODI, and LODI shall cooperate in
every way possible in the carrying out of the work without undue
delay.
17. Retention of Records:
CONTRACTOR and LODI agree to retain all documents relevant to
this agreement for four years from the termination of the contract
or until all Federal/State audits are complete for such fiscal
year, whichever is later. Upon request, CONTRACTOR shall make
available these records to LODI, State, or Federal government's
personnel.
18. Chancres:
In the event LODI orders changes in Basic Services or wishes
to provide Extra or other Services, LODI shall promptly notify
CONTRACTOR in writing by change order of all changes.
Compensation in excess of the "Maximum Obligation" (Paragraph 4)
shall be allowed for "Extra Services" as defined in Paragraph 10.
Any changes in Basic Services shall be subject to subsequent
negotiation. Compensation for changes or Extra Services shall be
in addition to the "Maximum Obligation," except to the extent that
the Change deletes or diminishes the prior service obligations by
CONTRACTOR.
19. Renewal:
This Agreement shall be remained in effect through June 30,
1999 based on this proposal and bid, unless otherwise modified or
terminated. This Agreement may be extended for up to three
additional one-year periods) upon mutual agreement of both
parties. The parties shall meet prior to two (2) months before
the expiration date of this Agreement to develop a budget for the
subsequent period. LODI, however, retains the right to solicit
competitive proposals not later than during the 1998-99 fiscal
year period for a new contract starting July 1, 1999,
Page V-10
The CONTRACTOR shall not assign, sublet, transfer or
subcontract any interest in this Agreement without the prior
written consent of LODI.
21. Liaison•
CONTRACTOR shall assist and cooperate with LODI in meeting
the objectives of providing quality public transportation
services. CONTRACTOR shall perform close liaison activities,
coordination, and cooperation with LODI Transportation Manager and
other LODI departments.
22. Advertising:
No advertising of any type other than transit -related
material shall appear either on the interior or the exterior of
any vehicle placed in LODI transit service, unless specifically
approved by LODI.
CONTRACTOR's employees shall not be required to perform any
medical or quasi -medical functions for passengers. In the event
of illness on board a vehicle, the driver shall advise the
dispatcher by radio and may proceed immediately to a medical
facility for help.
All notices hereunder and communications with respect to this
Agreement shall be effective upon the mailing thereof by
registered or certified. mail,. return .receipt requested, and
postage prepaid to the persons named below:
If to CONTRACTOR:
Page V-11
If to LODI: Jerry L. Glenn
Assistant City Manager
City of Lodi
P.O. Box 3006
221 West Pine Street
Lodi, California 95241-1910
25. Disputes:
Except as otherwise provided in this contract, any dispute
concerning or relating to the provisions of this contract which is
not resolved through mutual agreement shall be decided by LODI's
Transportation Manager, who shall reduce the decision to writing
and mail or otherwise furnish a copy thereof to the CONTRACTOR.
The decision of LODI's Transportation Manager shall be final and
the matter closed, unless within thirty (30) days from the receipt
of such copy, the CONTRACTOR mails or otherwise furnishes to LODI
a written appeal. Such written appeal shall be heard by the LODI
City Manager. The decision of LODI's City Manager for the
determination of such appeals shall be final and conclusive unless
determined by a court of competent jurisdiction to have been
fraudulent, capricious, arbitrary, so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial
evidence. In connection with any appeal proceeding under this
clause, CONTRACTOR shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, CONTRACTOR shall proceed
diligently with the performance of the contract and in accordance
with the decision of LODI's Transportation Manager.
This clause does not preclude consideration of law questions
in connection with decisions. provided for.in this clause, provided
that nothing in this contract shall be construed as making final
the decision of any administrative official, representative, or
board on a question of law.
26. Stop work:
LODI may stop work on the transportation system upon forty-
eight (48) hours written notice to CONTRACTOR. LODI shall be
Page V-12
liable for all relevant costs defined under Paragraphs 4 through 6
incurred prior to the stop -work period and for restart, if any.
If LODI's source(s) of funding ceases, LODI will have the
right to terminate this agreement. Any intention by CONTRACTOR
not to renew Contract at the normal anniversary is to be submitted
in writing 120 days prior to said anniversary. In the event of
such termination, LODI shall pay CONTRACTOR for services rendered
to that date.
� • • � • _ • 7lL�l�l TS _f���1 S1�:yt�S l���r ��\RSM
Each party to this Agreement undertakes the obligation that
the other's expectation of receiving due performance will not be
impaired. When reasonable grounds for insecurity arise with
respect to the performance of either party, Ithe other may in
writing demand adequate assurance of due performance.
"Commercially reasonable" includes not only the conduct of a party
with respect to performance under this Agreement, but also conduct
of a party with respect to other Agreements with parties to this
Agreement or others. After receipt of a justified demand, failure
to provide within a reasonable time, but not exceeding thirty (30)
days, such assurance of due performance as is adequate under the
circumstances of the particular case is repudiation of this
Agreement. Acceptance of any improper delivery, service or
payment does not prejudice the aggrieved party's right to demand
adequate assurance of future performance.
• - • •-_46-24HE
It is agreed by both parties that strict adherence to the
levels and schedules of operation defined .in Exhibit 1 (Scope of
Work) is of primary importance.
LODI recognizes that the operation of a public transit
service is subject to circumstances and variables beyond the
control of CONTRACTOR. However, a properly run service will take
steps to reasonably deal with such circumstances without
compromising the safety or reliability of the service.
Page V-13
LODI and CONTRACTOR will monitor service performance to
assure that strict adherence of routes and schedules are being
maintained. If performance is found to be substandard, LODI may
request in writing adequate assurance of performance as defined
under Paragraph 28 of this Agreement.
CONTRACTOR understands that continual substandard performance
such as ,but not limited to, service runs departing ,ahead of
schedule, missed service runs, service runs departing scheduled
stops fifteen minutes or more after the scheduled time, excess
wait time, late pickup or delivery of passengers, frequent
accidents and safety violations, frequent vehicle failure, and
frequent public complaints regarding driver or dispatcher behavior
are grounds for termination of this Agreement.
It is understood that excessive damages to and misuse of any
equipment (including vehicles), tools and/or facilities by
CONTRACTOR are grounds for termination of this Agreement.
CONTRACTOR shall not operate any LODI-owned vehicles on roads
designated by LODI as unsuitable for such use.
In the event that LODI fails to provide or delays providing
items as herein provided, in the number and size required, then
CONTRACTOR shall not be responsible for any delays or resulting
decline in the quality of service.
CONTRACTOR shall not be held responsible for losses, delays,
failure to perform, or excess costs caused by events beyond the
control of CONTRACTOR. Such events may include, but are not
restricted to the following:. ..Acts of God; fire, epidemics,
earthquake, flood, or other natural disaster; acts of the
government or public; riots, strikes or other labor disputes, war,
civil disorder or fuel shortages. However, CONTRACTOR shall not
receive payment for the vehicle service hour rate for vehicle
service hours that are not provided, and shall only be paid the
mutually agreed direct and indirect monthly fixed price
expenditures during the period of time that service is not
provided in the usual manner. CONTRACTOR also grants LODI the
Page V-14
right to provide these services through other means on a temporary
basis should CONTRACTOR be unable to perform said services.
In the event of a major emergency such as an earthquake,
flood, or man-made catastrophe, CONTRACTOR shall make
transportation and communication resources available to the degree
possible for emergency assistance. If the normal line of direct
authority from LODI is intact, CONTRACTOR shall follow instruction
of LODI. If the normal line of direct authority is broken, and
for the period it is broken, CONTRACTOR shall make the best use of
transportation resources following to the degree possible the
direction of an organization such as the Transportation Manager,
police, Red Cross, or National Guard, which appears to have
assumed responsibility. Emergency uses of transportation may
include evacuation, transportation of injured, and movement of
people to food and shelter. CONTRACTOR shall be reimbursed in
accordance with the normal "Price Formula" (Paragraph 5) and
"Payment" (Paragraph 8) or, if the normal method does not cover
the types of emergency services involved, then on the basis of
fair, equitable, and prompt reimbursement of CONTRACTOR's actual
costs. Reimbursement for such major emergency services shall be
over and above "Maximum Obligation" (Paragraph 4) of this
Agreement. Immediately when the emergency condition ceases,
CONTRACTOR shall reinstate normal transportation services.
CONTRACTOR certifies that it is aware of the provisions of
the Labor Code of the State of California which require every
employer to be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the provisions
of that Code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this
Agreement.
CONTRACTOR shall provide Workers' Compensation and employer's
liability insurance to cover its employees and CONTRACTOR shall
require all SUBCONTRACTORS similarly to provide Workers'
Compensation Insurance as required by the Labor Code of the State
of California for all of the SUBCONTRACTOR's employees. All
Page V-15
Workers' Compensation policies shall be endorsed with the
following specific language:
"This policy shall not be canceled without first giving
thirty (30) days prior notice to LODI by certified mail."
34. General Insurance:
Throughout the term of this Agreement, CONTRACTOR shall
procure and maintain a comprehensive general liability policy(ies)
providing five million dollars ($5,000,000.00) combined single
limit bodily injury and property damage coverage. Said
policy(ies) shall include coverage for premises, personal injury,
blanket contractual, garage and garage keepers liability, but
shall not include coverage for vehicle liability and/or vehicle
physical damage insurance. Such vehicle insurance shall be
provided as specified in Paragraph 35 of this Agreement entitled
"Vehicle Insurance". CONTRACTOR shall name LODI as additional
insured on said policies and shall provide evidence of such
insurance. Such policy or policies shall provide that they may
not be canceled without at least thirty (30) days written notice
to LODI.
35. Vehicle Insurance: (Assuming Lodi carries the insurance)
LODI shall provide CONTRACTOR with vehicle liability
insurance in the amount of ten million dollars ($10,000,000.00)
combined single limit bodily injury and property damage coverage.
Coverage will also include uninsured motorist and medical
payments. Any deductible will be the responsibility of LODI.
LODI shall name CONTRACTOR as an additional insured and shall
furnish CONTRACTOR evidence of such .insurance. Such policy or
policies shall provide that they shall not be canceled without at
least thirty (30) days written notice to CONTRACTOR. LODI will
provide the physical damage (collision and comprehensive)
insurance for vehicles provided to CONTRACTOR.
a. All policies obtained by CONTRACTOR shall be endorsed
with the following specific language:
Page V-16
1. The City of Lodi is named as additional insured for all
liability arising out of the operations by or on behalf of
the named insured, and this policy protects the additional
insured, its officers, agents, and employees against
liability for bodily injuries, deaths, or property damage or
destruction arising in any respect, directly or indirectly in
the performance of the contract.
2. The inclusion of more than one insured shall not operate
to impair the rights of one insured against another insured,
and the coverages afforded shall apply as though separate
policies had been issued to each insured.
3. The insurance provided herein is primary, and no
insurance held or owned by the City of Lodi shall be called
upon to contribute to a loss for services provided by
CONTRACTOR as specified in this Agreement.
4. The coverage provided by this policy shall not be reduced
or canceled without thirty (30) days written notice given to
the City of Lodi by certified mail.
b. Documentation:
The following documentation of insurance shall be
submitted by CONTRACTOR to LODI:
1. A Certificate of Insurance for Workers' Compensation
Insurance for CONTRACTOR. A copy of the required policy
endorsements given in subparagraph (a) shall be attached to
each such certificate submitted.
2. Certificates of Insurance showing the limits of
insurance, provided pursuant to •this Agreement, certified
copies of all policies, and signed copies of the specified
policy endorsements for each policy.
During the period of time this Agreement shall be in effect,
CONTRACTOR shall cause its staff personnel to be covered under an
appropriate insurance policy providing protection from employee
Page V-17
theft up to the amount of ten thousand dollars ($10,000.00) with
respect to any one occurrence by CONTRACTOR's employees.
This Agreement is entered upon the express condition and
material covenant by CONTRACTOR that LODI and its officers,
agents, employees and servants, are to be free from any and all
liability, loss, and/or expenses arising .as a consequence of any
acts or omissions by CONTRACTOR pursuant to this Agreement.
CONTRACTOR hereby warrants that all its work will be
performed in accordance with generally accepted professional
practices and standards as well as the requirements of applicable
federal, state, and local laws, regulations, and ordinances, it
being understood that acceptance of CONTRACTOR's work by LODI,
shall not operate as a waiver or release of CONTRACTOR.
CONTRACTOR will be responsible for obtaining any and all permits
at its expense.
CONTRACTOR shall investigate, indemnify, defend and hold
harmless LODI, its officers, employees and agents from any and all
claims, demands, losses, or liabilities of any kind or nature
whatsoever, whether real or illusory, which LODI, its officers,
employees and/or agents may sustain or incur, or which may be
imposed upon them or any of them for any acts or omissions arising
from CONTRACTOR's actions, performance, attempted performance, or
non-performance of this Agreement.
This indemnification obligation is not limited in any way by
any limitation on the amount or type of damages or compensation
payable by or for the services and tasks described in this
Agreement or its agency under Workers' Compensation acts,
disability benefit acts or other_employe.e benefit acts.
39. Nondiscrimination:
a. In connection with the execution of this Agreement,
CONTRACTOR shall not discriminate against any employee or
applicant for employment because of age, race, religion, color,
sex, disability, or national origin. CONTRACTOR shall take
affirmative actions to insure that employees are treated during
Page V-18
their employment without regard to their age, race, religion,
color, sex, disability, or national origin.
b. CONTRACTOR shall also comply with the requirements of
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and with
all applicable regulations, statutes, laws, etc., promulgated
pursuant to the civil rights acts of the state and federal
government now in existence or hereafter enacted. Further,
CONTRACTOR shall also comply with the provisions of Section 1735
of the California Labor Code.
At its sole cost and expense, CONTRACTOR shall obtain any and
all permits, licenses, certificates, or entitlements to operate as
are now or hereafter required by any agency, specifically
including the California Public Utilities Commission, the
California Highway Patrol, the Department of Motor Vehicles, and
local building/planning departments, to enable CONTRACTOR to
perform this agreement, and shall provide copies of all such
entitlements to LODI when received by CONTRACTOR.
MONNEWUNTSUMMIA•
All inventions, improvements, discoveries, proprietary
rights, patents, and copyright made by CONTRACTOR under this
Agreement shall be made available to LODI with no royalties,
charges, or other costs, but shall be owned by CONTRACTOR. All
manuals prepared by CONTRACTOR for use by CONTRACTOR in other
locales shall be made available to LODI at no charge but shall be
owned by CONTRACTOR and shall not be copied, disclosed, or
released by LODI or LODI's representative or participating
organization without prior written consent of CONTRACTOR. Reports
and manuals prepared by. CONTRACTOR under this Agreement for
specific use in LODI's transit system shall become the property of
LODI. CONTRACTOR, however, shall have the right to print and
issue copies of these reports. CONTRACTOR may make presentations
and releases relating to the project. Papers, reports and other
formal publications shall be approved by LODI prior to release.
Page V-19
Neither of the parties hereunder shall be deemed to be the
agent, employee, partner, or joint venturer of the other.
CONTRACTOR is and should be an independent CONTRACTOR performing
services under this Agreement for the consideration herein above
set forth.
43. Conflict of Interest:
CONTRACTOR promises that it presently has no interest which
would conflict in any manner or degree with the performance of the
services hereunder. CONTRACTOR further promises that in the
performance of this contract, no person having such an interest
shall be employed.
CONTRACTOR shall not divert any revenues, passengers, or
other business from LODI's project or any portion contracted out
to other SUBCONTRACTORS to any other transportation operation of
CONTRACTOR.
No member of or delegate to Congress of the United States
shall be admitted to any share or part of this contract or to any
benefit arising therefrom.
No Board member, officer, or employee of LODI during his/her
tenure or one year thereafter shall have any interest, direct or
indirect, in this contract or.the proceeds thereof. .
Supplies purchased by CONTRACTOR in connection with the
performance of this Agreement shall become the property of LODI.
48. Conflicting Use:
Page V-20
CONTRACTOR shall not use any vehicle, equipment, personnel or
other facilities which are provided by LODI for performing
services under this Agreement for any use whatsoever other than
provided for in this Agreement.
BM -TMT MMMOVU
For up to forty-five (45) days following the effective date
of the termination or expiration of this Agreement, CONTRACTOR
shall provide to either LODI or any future provider selected by
LODI, CONTRACTOR's full cooperation in the transition to the
successor provider. This shall include, as a minimum,
consultation regarding labor and management issues (including a
delineation of wages and benefits by employee category), access to
non -confidential personnel files and maintenance records.
CONTRACTOR's telephone equipment shall be made available to
the successor provider pending installation of the new provider's
equipment. CONTRACTOR shall release the system's telephone
numbers and any sequential roll-over number to the new provider.
CONTRACTOR shall provide its best professional effort to assure a
smooth transition from CONTRACTOR's services to the successor
provider's services, and shall cooperate fully with LODI and the
successor provider to this end.
The headings or titles to Sections of this Agreement are not
part of the Agreement and shall have no effect upon the
construction or interpretation of any part of this Agreement.
51.Merger:
This contract along with .the RFP. and proposal documents
contains all the agreements of the parties hereto and no prior
agreements or understandings shall be effective or binding for any
purpose.
�.. .* . --M -1
CONTRACTOR and LODI hereby agree that the terms and
conditions of this Agreement may be modified in any particular
Page V-21
only upon mutual consent of the parties as evidenced by a written
statement executed by the parties.
53. Attorney's Fees
In any dispute arising out of this agreement that is
litigated the prevailing party shall receive full payment plus
attorneys fees.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their respective officers
thereunto duly authorized on the date written below their
signatures.
CITY OF LODI CONTRACTOR
By:
Title
Date:
By:
Title
Date:
Witnessed by: And by:
Date:
Approved as to form:
Attorney
Date:
Date:
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