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Staff Report 3.D Part 2 12/21/2009
A-TTACFIMENT 2 AN AGREEMENT BETWEEN THE CITY OF PETALUMA .AND lYN TRANSPORTATION, INC. FOR THE PROVISION OF FIND ROUTE TRANSIT SERVICES p .~ cc.. THIS Agreement ("Agreement"} is made and entered into this o day of ~e~~~~ 200, by and between the City of Petaluma (hereinafter "CITY"), a municipal corporation, and MV Transportation, Inc. (hereinaher "CONTRACTOR"). WITNESSETH WHEREAS; CITY is authorized by Government Code section 26002 to furnish and operate public transportation services, and by the Public Utilities Code section 99288 and Government Code section 3100, to enter into an Agreement to provide such services, and CITY desires to exercise such authority, and WHEREAS, CITY has prepared, distributed and adverrised a request for proposals for general public fixed route and paratransit services,'and WHEREAS, more than one entity has responded to the request and submitted.a proposal, and WHEREAS, CITY has evaluated the proposals submitted and selected the CONTRACTOR identiFied above, and NOW, THEREFORE, in consideration of the above, CITY and CONTRACTOR hereto agree as follows: 1. This Agreement sha]I satisfy the requirements of Public. Utilities Code section 992$$, and the rules and regulations adopted by the Secretary of Business and Transportation Agency, and the Metropolitan Transportation Commission, pursuant to Public Utilities Code section 99401, making a portion of CITY funds available under the Mili-Alquist-Deddeh Act of 1971, as amended. 2. CONTRACTOR represents hereby that it is in die business and fully qualified in dle field of public transportation, and is fully willing and able to adliere to this Agreement, at the costs specified herein, and with the level of service and quality specified herein, including all attached Exhibits, inclusive. CITY has awarded this Agreement in reliance upon such representations, and on CONTRACTOR's particular skills, experience, and abilities as represented by CONTRACTOR. Agreement period shall be for three (3) years, commencing on :Tanuary 1, 2007 and ending December 31, 2009. Upon die mutual agreement of CITY and CONTRACTOR, the Agreement may be extended for up to two additional years, one year at a time, subject to approval by CITY'S City Council. The operations budget for any such extended year, shall be increased over that of die preceding year by the inflation rate, as measured by the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area, not to exceed an increase of three percent (3%o) annually. 4. That for, and in consideration of the payments and Agreements hereinafter to be made and performed by CITY, the CONTRACTOR agrees wide CITY, to operate the Petaluma fixed S:\Transit & Transporta[ionlAgreements - RFP's1MV Transportation~MV Contract 2007-2010\07-10 ContractC2007-2004 IvIV PSA_1_l0.doc Paget Q I route services, as required in the "SCOPE OF SERVICES" attached hereto and incorporated herein by reference, for the term indicated. 5. CITY hereby pronuses and agrees with the CONTRACTOR to contract with, and does hereby contract with CONTRACTOR to operate the Petaluma fixed route transit services, according to the terms and conditions herein contained and referred to far the prices set forth in the "PAYMENT SCHEDULE" attached hereto, which is made a part hereof, and CITY hereby contracts to pay the same at the time, in the manner and upon the conditions therein set forth; and the parties hereto for themselves, their heirs, shareholders, directors, partners, executors, administrators, officers, employees, and successors, and do hereby agree to the full performance of the covenants herein contained. 6. CONTRACTOR agrees to receive and accept the prices set forth in the PAYMENT SCHEDULE as full compensation to operate the Petaluma fixed route services in the manner specified and according to the SCOPE OF SERVICES. 7. Not Agreement of Ernployment. It is understood and acknowledged that Agreement is not a contract of employment between CITY and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at alI tunes be, deemed to be an independent CONTRACTOR. CONTRACTOR is not. authorized to bind the CITY to any contracts ~or other obligations. CONTRACTOR is not an agent or employee of the CITY, and shall at no time represent itself to be such agent or employee. By CONTRACTOR's signature to 'this Agreement, CONTRACTOR certifies that it is aware of the provisions of section 3700 of the Labor Code, which require every employer to be insured against liability for Worker's Compensation, or to undertake self-insurance, in accordance with the provisions of that Code, and CONTRACTOR will comply with such provisions before commencing the performance of the work of this contract. The City will not provide Workers' Compensation for CONTRACTOR's workers, employees or subcontractors. 9. The complete Agreement consists of the following documents; all of which by reference are made a part of this contract: The Request for Proposal. documents for City of Petaluma Transit Operations and Maintenance Contract, for Fixed route and paratransit transit services. 2. CONTRACTOR Proposals to Operate Petaluma Transit's fixed route andlor patatransit services, including: a) Price Proposal and Budget b) Public Information Proposal c) Maintenance Plan 3. Additional Subnuttals as included in CONTRACTOR's Proposal. ~. SCOPE OF SERVICES attached hereto. 5. PAYMENT SCHEDULE attached hereto. 6. FEDERAL REQUIREMENTS attached hereto. S:\Transit & TransportationlAgreements - RFP's1MV TransportationlMV Contract 2007-2010\07-IO Contract12007-2009 MV PSA_1_l0.doc Pngc 2 ~~ 10. Scope of Services. Provide all labor, equipment, tools and materials necessary to provide fixed route services as more Specifically set forth in the SCOPE OF WORK attached hereto and incorporated by referenced herein. lI. Administration of Agreement. CONTRACTOR'S compliance with Agreement shall be supervised and administered by CITY by its Public Works Department. 12. On-Site Management. The person serving as CONTR.ACTOR's Operations .Manager shall be approved by CTI'Y. In addition, CONTRACTOR shall designate an agent authorized to bind the CONTRACTOR in all aspects of COhl'I~2ACTOR's performance of Agreement, who shall be available at all times, either by .phone or in person, to make decisions or provide coordination as necessary. The above individuals shall be responsible far monitoring all aspects of the service, including, but not limited to, ridership, quality of service, fare .collection, operations, maintenance and repairs, attitudes, motivation, and performance of all personnel. 13. Commencement and Duration. CONTRACTOR agrees to provide the fixed route transit services, subject to the terms herein, during the Term set forth in Section 3 above. 14. Changes in Level of Service. The level of service required of CONTRACTOR shall be as specified in Section 2.1 "Service Description" of the SCOPE-~F SER.VICES attached hereto and as otherwise specified in Agreement The procedures for unplementing changes in the level of service and to the schedule shall be as defined in Section 2.1.2" Adjustment to Service" of the SCOPE OF SERVICES attached hereto. 15. Permits to Ooerate. At its sole cost and expense, CONTRACTOR shall obtain any and all permits, licenses, certifications, or entitlements to operate, as are now or hereafter required by any agency to enable CONTRACTOR to perform Agreement, and shall provide copies of all such entitlements to CITY when received by CONTRACTOR. 16. Notice of Deficiencies. CITY'S Public Works Director may issue a Notice of Deficiencies to CONTRACTOR, specifying areas of unsatisfactory performance, and specifying what improvements are necessary to correct the deficiency or .deficiencies. Such notice shall specify the provision(s) of Agreement which address the issue. CONTRACTOR shall correct deficiency within thirty. (30) days. In the event the deficiency is not fully corrected within forty-five days, Contractor maybe terminated with cause at the City's direction. 17. Force lVlajeure. CONTRACTOR shall not be charged, nor shall CITY demand from CONTRACTOR, damages because of failure in providing the services indicated in Agreement due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes of excusable delay may include acts of public enemies, military attack and%or other actions, fires, floods, snow storms, earthquakes, epidemic, quarantine, restrictions, stikes, freight embargoes, public road closures, but in every case the delay is excusable only for so long as, and to the extent that, the condition causing the excusable delay. CONTRACTOR shall be entitled to no compensation far any service, the performance of which is excused pursuant to this paragraph. S:1Transit & Transportation\Agreements - RFP's\MV Transportation\MV Contract 2007-2010\07-10 Contract\2007-2009 MV PSA_I_IO:doe Page 3 ur the event that CONTRACTOR is unable to provide the services indicated due to any cause, he shall make a reasonable attempt to so notify the public, including notification to local newspapers, notice on City's website, and, i.f appropriate, local radio and television stations. Whenever CONTRACTOR has knowledge that any actual or potential force majeure may delay or prevent performance of Agreement, CONTRACTOR, on a timely basis, shall notify CITY of the facts and, thereafter, shall report to CITY all relevant information then known to CONTRACTOR, and shall continue to so report as appropriate. 18. .~1o Conflicting Uses. CONTRACTOR shall not operate, lease or charter CITY-provided equipment used for Agreement for any purpose other than this Agreement, unless specifically riudiorized by CITY. 19. iVotice. All notices shall 'be made by certified U.S. mail, postage prepaid, return receipt requested, orhand-delivered, addressed as follows: Cl l'Y: Dept. of Public Works, c/o City Clerlc City of Petaluma PO Box 51 Petaluma, California 94953-0061 CONTRACTOR: Jon Monson 350 Campus Lane, Suite 201 Fairfield, CA 94534 Service of such notices shall be deemed complete on the date of deposit in the U.S. Mail or hand- dclivered. 20. Performance Bond. CONTRACTOR shall provide an annual .Performance Bond, executed by CONTRACTOR and a surety company Licensed to do business as such in the State of California, to CITY in the amount of ..five percent (5%) of the estimated expenditure for each contract year. `The Performance Bond shall be furnished forty-five (4~) days prior to the commencement of each contract year For the term of Ap cement. The condition of such bond shall be that CONTRACTOR shall fully and faithfully perform all conditions and covenants of A~eement or that the face amount of such bond shall be forfeited to CITY. The bond may be a renewable one-year bond, and shall be renewed annually before its expiration .date, provided, however, that such bond must remain in full force and effect. from and after the date CTTY makes any demands for payment on the bond until the C1TY releases such claim. Provision of such bond is a material covenant of Agreement. 21. Precedence of Agreement Documents. In the event of a conflict or ambiguity arising between Agreement documents or any term therein, the document executed later in time shall prevail aver the document executed earlier in time. 22. Continuity. Agreement is binding upon each of the parties and their respective heirs, shareholders, officers, directors, partners, executors and successors. 23_ Assignment (Contractor). The performance of Agreement may not be assigned, or in any way subcontracted on a continuintr basis, or any vehicle sub chartered, except upon the prior written S:~Transit & TransportationlAgreements - RFP's~MV TransportationlMV Contract 2007-2010\07-10 Contract\2007-2009 MV PSA_1_l0.doc Page d 2 consent of CITY. CITY shall .not consent to any proposed assignment or subcontracting, novation, other writing, or agreement which would have the effect of relieving CONTRACTOR or CONTRACTOR(s surety of their responsibility an~Uor liability under Agreement. 24. Assignment' (City)'. The CITY reserves the right to assign its responsibilities under Agreement to any existing or future govemmentaI entity for the provision of public transportation services. Such assignment shall constitute a complete novation between CITY and CONTRACTOR; and receipt by CONTRACTOR from CITY of sums then due and payable for services rendered pursuant to Agreement prior to assignment shall constitute a complete accord and satisfaction as between CITY and CONTRACTOR. Assignment of vehicle, and equipment lease(s), if any, from CITY to CONTRACTOR shall be activated by a separate written agreement jointly signed by CITY and a principal from CONTRACTOR. Such separate written agreement shall be attached to Agreement to be incorporated by reference and shall indicate which party is responsible for lease payments. 25. Transition to Future Contractor. Up fo forty-five {45) days following the effective date of the termination or expiration of Agreement, CONTRACTOR shall provide to either CITY, or to any future CONTRACTORS} selected by CITY, CONTRACTOR's full cooperation in the transition to the successor CONTR.ACTOR(S). This shall. include, as a minimum, consultation regarding labor and management issues (including a delineation of wage and benefits by employee category) and access to non-confidential personnel and maintenance files. CONTRACTOR'S telephone equipment shall be made available to the successor CONTRACTOR(S) Bending instaliatian of the new CONTRACTOR'S equipment. CONTRACTOR shall relea$e the telephone number(s) used .for public information inquiries and any sequential roll-over numbers to the new CONTRACTOR(S). CONTRACTOR shall provide its best professional effort to assure smooth transition from CONTRACTOR'S services to new CONTRACTOR(S) services, and shall cooperate fully with. CITY and the new CONTRACTOR{S} to this end. 26. Indemnification and Hold Harmless Agreement. Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers :from and against any and all liability, loss, damage, claims,expenses, and costs (including, without linutation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant`s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole.negligence or willful misconduct of City. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" within the definition of Civil Code Section 2783, as may be amended from time to time, such indemnity shall not include Liability for the active negligence of City. 27. Insurance Requirements All insurance documents are to be sent to: John Siragusa, Manager Petaluma Transit City of Petaluma 555 North McDowell Blvd. S:\Transit & TransportationlAgreements - RFP's1MV Transportation\MV Contract 2007-2010\07-10 Contract12007-2009 MV PSA_1_l0.doc Page 5 13 Petaluma, CA 9495 Subcontractors: Contractor sliall include all subcontractors as insureds under its policies or shall furnish certificate and endorsements for each subcontractor. A21 coverage for subcontractors shall be subject to ail of'the provisions stated herein. 28. Immigration Reform and Control Act of 1986. CONTRACTOR assumes full responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder in compliance with the federal Inuriigration Reform and Control Act of 1986, and rules and regulations promulgated in connection therewith (hereinafter "IRCA"). CONTRACTOR shall indemnify, defend and hold CITY harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with the provisions of IRCA. 29. Successors. Agreement shall be liinding upon, and shall inure to the parties hereto, and their respective shareholders, partners, officers, directors, agents, personal representatives, successors- in-interest, employees, and assigns. 30. Counterparts. Agreement may be executed simultaneously or in counterparts, and each of the counterparts shall be deemed to be an original, but all such counterparts shall constitute one and the same Agreement. 31. Govemina Law. Agreement, shall be.construed and enforced pursuant to the laws of the State of California. Any suits brought underAgreement shall be filed in the Courts of Sonoma County. 32. Americans with Disabilities Act. CONTRACTOR acknowledges that service provided as a result of Agreement may be subject to the Americans with Disabilities Act (ADA}. CONTRACTOR agrees to comply with the requirements of the ADA including vehicles and service accessibility to the extent that it is applicable. 33. Disadvantaged Business 'Entererise and. Equal Employment Opportunity, and Other Federal Requirements. CONTRACTOR acknowledges that it will affirmatively ensure that in regard to contracts entered into pursuant to Agreement, Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to said contracts, and will not be discriminated against on grounds. of race, color, gender, or national origin in consideration .of award. CONTRACTOR ,agrees .to comply with al] FEDERAL REQUIREIVLEN'TS described in Exhibit A attached hereto. The CITY hereby notifies CONTRACTOR that recipients of Federal Financial Assistance from the Department of Transportation are committed to have adopted a Disadvantaged Business Enterprise .Policy, in accordance with Federal Regulations issued by the Department. of Transportation. This policy provides that Disadvantaged Business Enterprises will be afforded every practical opportunity to participate in procurement activities. CONTRACTOR. agrees to provide-~to CITY, prior to die commencement of the services required herein, certification that CONTRACTOR has complied with all the requirements of Section 23.67 of the Federal Register. S:\Transit & Transportation\lAgreements - RFP's\MV Transportation\MV Contract 2007-2010107-10 Contract~2007-2009 MV PSA_1_IO.doc Page 6 1 _1 During the term of Agreement, CDNTRACTOR also•agrees as follows: (1} Nat discriminate against any employee or applicank for employment because of race, color, religion, gender, or national origin. {2) Take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, or national origin. This shall include, but not be limited to: (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii} selection for training, including apprenticeship. (3) Post in conspicuous places available to employees and applicants for employment, notices to be provided by the CONTRACTOR that explain this clause. (4) State, in all solicitations or advertisements for employees placed by, or on behalf of the CONTRACTOR, that ail qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin. (S) Send to each labor union. or representative of workers with which it has a collective bargaining agreement or other contractor understanding, the notice to be provided by the CONTRACTOR's Agreements Officer advising the labor union or worker's representative of CONTRACTOR'S commitments under this clause and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) Comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7} Furnish to CITY all information required by Executive Order ll246, as amended, and by the rules, regulations, and orders of the Secretary of Labor.. Standard Form 100 (EEO-1), or any successor form, in the proscribed form to be filed within 30 days following the . signing of Agreement, unless-filed with I2 months preceding the date of Agreement. (8) Permit access to its books, records, and accounts by the C1TY, or the office of Federal Agreement Compliance Programs (OFCCP) for the purpose of investigation to ascertain CONTRACTOR's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines the CONTRACTOR is not in compliance with this clause, or aay rule, regulation, or order of the Secretary of Labor, Agreement may be canceled, terminated, or suspended in whole, or in part and CONTRACTOR may be declared ineligible for further Government contracts under procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed, and remedies invoked against CONTRACTOR as provided in Executive Order 11246, as ameaded, the rules, regulations, and orders of the Secretary of Labor, or as oiher`vise by Law. (10} Include the terms and conditions of subparagraph (I) through (11) of this clause in every subcontract or purchase order that is no[ exempted lay the rules, regulations, or order of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will. be binding upon each subcontactor or vendor. S:\Transit & Transportation\Agreements - RFP's\MV Transportation\MV Contract 2007-2010\07-10 Contracl\2007-2009 MV PSA_1_l0.dac Page 7 I 'J (1I) Take such action with respect to any subcontract. or purchase order as the City may duect as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, CONTRACTOR may request the United Sates to enter into the litigation to protect the interest of tine United State. 34. Termination. A. Term.inadon Without Cause. Agreement maybe terminated in whole or in part, for convenience and without cause, by CITY, by giving CONTRACTOR thirty (30) days written notice of the intent to terminate, whenever-CITY determines that termination is in the best interests of CITY. Should Agreement be terminated for convenience, CONTRACTOR shall be paid for ail authorized services provided, including reasonable charges for demobilization. However, CONTRACTOR shall riot be paid any anticipated profit or fees for services not provi ded. Acceptance of such final payment by CONTRACTOR shall constitute a complete accord and satisfaction as between CONTRACTOR and CITY. B. Termination Upon Breach. Agreement may be terminated by CITY immediately in the event of a material breach by CONTRACTOR. A "material breach" for this purpose shall include, but not be limited to, the following items: a, Repeated failure by CONTRACTOR to operate service on time, or to complete trips beyond acceptable response time as agreed between CITY and CONTRACTOR. ' b. Repeated failure by CONTRACTOR to provide clean and safe vehicles due to actions by CONTRACTOR and not caused by CITY. _ c. Failure by CONTRACTOR to operate a safe service (e.g., having an accident/ incident record higher than industry norms). d. Invalidation or lessening of warranty coverage an CITY-provided equipment due to CONTRACTOR's negligence. e. Failure by CONTRACTOR to provide qualified personnel, training, supplies, or equipment required in Agreement. Failure by CONTRACTOR to make the corrections specified by CITY at the times specified. Failure by CONTRACTOR to submit the required reports in a truthful, accurate manner. h. Failure by CONTRACTOR to expeditiously process payment for damages to CITY-provided equipment that were due to actions by CONTRACTOR and no[ caused by CTI'Y. S:\Transit & TransportationlAgreements - RFP's1MV Transportation\MV Contract 2007-2010107-10 Contract\2007-2009 MV PSA_1_l0.doc Pale 8 i_ CONTRACTOR'S. use of CITY-provided equipment or facilities far purposes other than those authorized by CITY. Failure by CONTRACTOR to pay wages or provide benefits to its employees at the zates and conditions speciFed in Agreement, or failure to pay payroll taxes, Social Security withholding taxes, or other taxes and fees mandated by the State of California or the Federal Government. C. Termination by IV~tutual Agreement. Agreement;may also be terminated at any time upon mutual consent between both CITY and CONTRACTOR. D. Termination During Extended Term. Termination during any extension of Agreement shall be made in the same manner and for the same reasons as during the initial term. E. Contractor shall correct any non-material breach including non-safety related items, within thirty (3Q} days. In the event the breach is not fully cured within forty-five days, Contractor maybe terminated with cause at the City's direction. 35. City's Remedies on Breach. It is understood and agreed that in the event of failure of CONTRACTOR to perform services required by Agreement, in addition to all other remedies, penalties and damages provided by law, CITY may provide such services, and deduct the cost of doing so from the amounts due, or to become due to CONTRACTOR. The costs to be deducted shall be the actual costs to CITY to provide such services, or the costs shown on the Payment Schedule, whichever is greater. CONTRACTOR agrees that any waiver, or any breach or violation, of any term or condition of Agreement, or any failure to enforce any term or condition ofAgreement, shall not be deemed to be a waiver of any other terns or condition contained herein, or a wavier of any subsequent breach or violation of the same, or any other term or condition. The acceptance by CITY of the performance of any work ar services by CONTRACTOR shall not be deemed to be a wavier of any terra or condition of Agreement- 3b. Additional Terms. The validity, legality, or enforceability, in whole, or in pant of any provision of Agreement, shall not affect or impair the validity, legality, or enforceability of other provisions. This Agreement and all exhibits, addenda, and documents incorporated by reference herein; constitute the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with. respect to the subject matter hereto. The A~eement may only be modified by a written instrument sued by both parties hereto. S_\Transit & Transportation\Agreements - RFP's\MV Transportation\MV Contract 2007-2010\07-10 Contract\2007-2009 MV PSA_1_l0.doe Page 9 IN WITNESS WJ-IEREOF, the parties Hereto have executed. Agreement the day and year Herein above written. CITY OF PETALUMA, a municipal corporation City Manager ATTEST: ~CxJ~ City Clerk V ~j 8~ 0 ~- APPROVED O FORM: I L~ City Attorney A,PPROVED~ C"~~'~~' ~~ ~~ Department D'uector APPROVED: ~~~cu.~ /' 31.07 'sk Manager 5:\Transit & TransportationlAgreements - RFP'siMV Transportation~MV Contract 2007-2010107-10 Contract~2007-2049 MV PSA_1_l0.doc Page 10 1~ 1.0 FIXED ROUTE SCOPE OF SERVICES The purpose of this section is to provide guidance on each aspect of the contract terms and conditions. It is the contractor's responsibility to cornpiy with all of the relative sections of the: contract and to report to City of Petaluma Transit Manager any deficiencies. . 2.7 Service Description 2.i.1 Description of Service The Ciry of Petaluma provides fixed-route and demand-response service within the City of Petaluma. Contractor shall provide Fixed Route operations, administrative and maintenance related functions from the City's Public Works facility located at 555 North McDowell Blvd., Petaluma. The City steal! provide the Contractor with access to vehicle maintenance facilities at the City's Public Works facility on acontract-specific lease basis. Total estimated revenue hours and miles for the desired services are: Annual Revenue Hours Revenue Miles Fixed-route 15,500 195,000 The Contractor must obtain and keep current all required licenses and permits to operate in the City of Petaluma within the scope of this contract service. 2.1.2 Adjustment to Service The City reserves the right to adjust service at any time. Modifications to services may include, but are not limited to, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing revenue hours. In ttie event actual annual revenue hours fall below ninety percent (90%) or exceed one hundred ten percent (110%) of the total projected' annual revenue hours, the City shall reserve the right to negotiate a revised unit. cost per' revenue hour with the Contractor. City and Contractor shall meet to negotiate an equitable adjustment to the fixed and variable rates. iq 2.1.3 Service Hours Fixed-route service operates: Monday -Friday: fi:35 a.m. - 6:05 p.m. Saturday: 9:57 a.m. - 4:33 p.m. Contractor will be expected to provide dispatch service during all hours [fisted above, plus additional time prior to and subsequent of revenue service to assure all runs are covered by qualified drivers. Exact hours of operation are subject to change at the City's sole discretion. 2.1.4 Holiday Schedule The City reserves the right to operate modified schedules it deems appropriate in conjunction with holidays, given one week notice to the Contractor. The modified schedules will in no way alter the Contract, nor will be considered adjustment to service, nor wlll it result a change in compensation either to the Contractor or to City. There will be no service on.the following holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. 2.1.5 Special Services The Contractor from time to time may be required to provide special event-related .services. Special event services may- vary from year to year. Special event services shall be billed at no more than the fixed-route revenue hour rate from the time the bus leaves the operations and .maintenance facility anti! the time of ifs returns. 2.1.6 Schedules The Contractor shall provide City of Petaluma Transit services in a safe, courteous, reliable manner, and in accordance with trip schedules provided by City {see Appendix D}. City representatives may from time to time ride City-operated vehicles, with or without prior notice to the Contractor, to ensure compliance. with this Contract. S:1Translt & TransportatlonWgreements - RFP's1MV TransportatlonWlV Contract 2007-2010107-10 ContracllScQpe of Servlce_Flxed Route_1_10.doc2 2~ 2.1.7 Fares The fallowing table outlines the current fare policy for the Petaluma Transit system. e~ ~ 'Eaten=Ito~.'~`~~Y~~':°J~-~ Geoer_af $1.00 _-- -- ~~~`~"-' E'~`r`~ ~'~i`' =`~°``=`1= ~'`~~ :Ise ~~_`-::-i ~i ~i~E'-~`ii.c::=r{~',~!~:: ,=s,_: 5eniars (65 & older)! Disabled $0.50 `..~4t4=i.:_~~ ~i{Si,t.~~il;p>:r=1; +irSE:i_ a'=L'F ~ r r :._ , Cd ~. ~ ~ c ~ 2" Children under 5 (w/fare- aying adult} Free .~~ ~ =~~ _~ i' ` ~ ~` , ~ 10-Ride ass $10.00 - - ~'EI.i"'-':r:,~tn:~"~ri -'==° ~ 10-Ride ass (senior and disabled} $5.00 _- `;~~' ~_'~"'_`'~~~ 'j~'-'=~`-'_'~-' ~' ' w k s- - ~ t Mpnthly Pass (unlimited rides) $30.OD i , :.r. e...~~ "' ~ Student Monthl Pass ,. : , ; ~.,ira! it:.., ,~al_ .qtr r .:r.~q;i r Y?':';'~:~ ~,k:~:;,:: , ~+. , ~~.~~_- ~ ~: -:~~ Senior Monthl Pass $15 00 : _ , . _ . jPAii~irRnt±IS~T„-,::,,.-~,...L...-r=~'-i:_: General $2.OD - - _ - • ,i~•k ~_;,;'.;i`'fi",~ r~ `a-" ~»~7_' : ' `~ ~ ~' c;a_;~'i - j~:<~: r....~',•~~~,~.;;.-r"te" •-~ ,.. _ .:. .~.. r ~_ 12-Ride ass $24.00 2.2 Drivers 2.2.1 QualificationslStandards The Contractor shall conduct a criminal background check either DOJ or E Screen on each City of Petaluma Transit driver to ensure all drivers meet the following standards and are qualified to perform City of Petaluma Transit services: O All operators must be employees (full or part time) of the Contractor. The Contractor may not sub-confract with individuals to execute trip assignments. o Continuous possession of a valid driver's license; a California DMV Transit Certificate, GPPV fior Fixed route, passenger endorsement, air brake endorsement, and current possession of a Class A, or B license. Not more than two moving violations in the past. five years and no DWI/DUI convictions within the fast seven years. e Command of the English language. o Sensitivity to customer needs. Ability to resolve complaints and problems as required. a No felony conviction history. a Must comply with Federal Drug and Alcohol Testing regulations {see Appendix l3) 5:1TrartslE 8 Tn3nsporiationWgreemenls - RFP's1MV TransporlatlonlMV Contract 2607-2010107-10 Contracllscope of Serv(ce_Fixed Route_i_10.doc3 ~ 1 2.2.2 Training City shall offer one training course at the start up of the contract for Contractor's trainers and supervisors to instruct them in City of Petaluma Transit policies and procedures. After the initial Graining courses at contract start ups Contractor shall be responsible for all aspects of training, including the provision and payment for the required training. Contractor must provide an orientation and training plan outlining how drivers with recent transit bus operating experience shall be trained in City of Petaluma Transit operations in order to ensure that these new experienced drivers are trained to an equivalent level as the new trainee program required below. All drivers without recent transit bus operations experience, hired by the Contractor must attend, at a minimum, the following training: A minimum of one-hundred twenty (120) hours of training per driver, of which at least eighty (8Q) hours shall be behind the wheel of a vehicle, including at least {16) hours of City of Petaluma Transit system and route training/orientation. This training must be completed before a driver can enterunsupervised revenue service. Within this required~Graining period, Contractor shat! instruct drivers in at feast (8) eight hours of disability awareness sensitivity training, which includes ADA regulations and procedures; four (4) hours of sexual harassment training;' eight (8) hours of passenger control/difficult passenger training; eight {8) hours of defensive driving training. The City reserves the right to review all training. materials, and to monitor training sessions. The Contractor shall arrange and pay far this training. Contractor shat[ be required every year to ensure all operating personnel associated with this contract receive at feast the required sixteen (16) hours of special Department of Motor Vehicles training-and eight (8) hours of recurrent "transit certificate" training. The cost of driver wages during all training shall be borne by the Contractor. Maximum class size shall be 10 operators. Contractor shall be required to ensure all operators and dispatch staff are aware of proper customer communication practices required for polite customer assistance. Contractor shall ensure all operators complete training. prior to their operation of an in service bus. The Contractor will also be responsible for providing remedial training for any driver who demonstrates a lack of appropriate skills. Training during and subsequent to training for~new hires, such as recurrent training and retraining, shall be conducted by the Contractor. The Contractor shall be required to have an Operator Development Program in place to address all operator related training needs. The City shall inform the Contractor in writing of any changes in operating procedures; the Contractor will be responsible far any training at its cost for existing operators which are needed as a result of changed procedures_ Written documentation of all training, including new hires, recurrent, and retraining shall be maintained by the Contractor and furnished to City representative upon request. S:1Transd 8 TransparlallonlAgreemenls - RFP's1MV TrartsportationWlV Contract 2007-201d1o7-i0 Conlraetlscape of Servlee_Fixed Roule_1_10.doc4- 2, 2 All training programs shall be subject to City approval within a reasonable timeframe_ 2.2.3 Employee Work Rules The following employee rules, subject to modification by City, shall be enforced by Contractor. a. Uniforms: 1. Must be complete and worn at all times when on duty. 2. Shall be clean and presentable at all times. 3. Uniform designs, colors, and !D tags subject to City approval. b. Gratuities/Fares: 1. Gratuities shall not be accepted. 2. All cash shall go into farebox without being handled by the driver. Driver shall collect fares consistent with the most recent fare structure adopted by City. c. Knowledge of Services/Fare Structure: 1. Drivers shall have a thorough knowledge of the service and fare structure prior to driving for that service unsupervised. 2. Drivers shall also have a basic knowledge of transfer locations with connecting systems, and knowledge of connecting systems. d. General Rules: 1. No employee will be permifted to smoke, eat, drink, or employ any device that plays music or amplifies. sound aboard buses at anytime. 2. Boisterous language, profanity, or incivility to anyoneshall not be permitted while in uniform, on or off duty. 3. While in uniform, no employee shall purchase, consume, or be under the influence of any narcotic, intoxicant, or harmful drug. 4. Drivers. shall be responsible for keeping all vehicles clean and sanitary during their shift. 5. All employees are responsible for reporting any defects a vehicle may have immediately. Drivers shall conduct a "walk-a-round" inspection of their vehicle, and fill out a "Daily Bus .Report {DBR)" sheet. Drivers shall have Contractor supervisor personnel resolve any doubt about the- safety of a vehicle prior to operating the vehicle in service. 6. Employees may use vehicles only in accordance with their:assigned duties. 5:\Transit & Transparta11on1Agreements - RFP'sUVIV TransportallonlMV Contract 2007-2010\07-10 ContracllScope of Servlce_Flxed Route_1 _10.docrJ 2.3 7. Employees must conduct themselves and operate vehicles in a safe and courteous manner at al[ tunes. 8. Doors on unattended vehicles shall be kept Locked at all times. 9. Paratransit drivers shall provide "hands-on" assistance to disabled riders for boarding and unloading purposes. 10. No vehicle shall be fueled while passengers are on-board. 2.2.4. Wage Scale Contractor personnel shall be paid the following minimum pay scale per hour during the term of Agreement: RATES OF PAY LENGTH OF SERVICE FROM TO TRAIIVtNG RATE RATE PER HOUR Startin 0 Months 6 Months $10.0(} $12.00 fi Months 6 Months 1 Year $12.50 1 Year 1 Year 2 Years $12.75 2 Years 2 Years 3 Years $13.00 3 Years 3 Years 4 Years $13.50 4 Years 4 Years 5 Years $13;75 5 Years 5 Years 6 Years $14.fl0 6 Years 6 Years 7 Years $14.50 7 Years 7 Years 8 Years $15.00 8 Years 6 Years 9 Years $15.25 9 Years 9 Years i0 Years $15.75 10 Years 10 Years 11 Years $16.OD 11 Years 11 Years 12 Years $16.25 12 Years 12 Years 13 Years $16.50 2.2.5 Uniform Specifications and Appearance Standards a. Uniform Specifications The Contractor shall develop a dress code that will be subject to City approval_ Such dress code will feature, at a minimum, both shiet/blouse and slacks (standardized dress shorts permitted with prior approval from the City). Drivers shall wear nametags clearly displaying their names at all times while performing their duties. Uniforms shall clearly display (separately) both the name of the contracting firm and City of Petaluma Transit. Each driver shall have an accurate timepiece available and in clear sight at all times during vehicle operations. This code shall include shoes that shall be solid, plain-toe military style oxford. Low- cut and high-top tennis shoes are not permissible. Suede shoes, sandals, cleated, or open-toe shoes will not be permitted. S:1Transit ~ TransporlatfonlAgreements - RFP's1MV TransportallnnlMV Contract 2007-2010107-16 ContracflScope of 5ervlce_Fxed Roule_i_1D.doc6 ~ , 1 Consideration for safety must be applied to all dress code elements. b. Appearance Standards At all times while on duty, drivers shall be well groomed, clean and in complete uniform. Drivers shale! conform to the following .standards of appearance at all times while on duty or when in uniform. All drivers must be neat in appearance, uniform clean and pressed, shoes shined, hair clean and neatly cared for. 2.2.6 Removal The City may require the Contractor to immediately, pending investigation, remove any driver from City of Petaluma Transit service for any one of, but not necessarily limited to, the following: ® Committing unsafe or inappropriate acts while providing service. ® Revocation, suspension, or non-renewal of a valid California driver's m License or Conviction oi,any felony criminal offense. o Unacceptable customer service as reported by customers, other drivers, or directly observed by City staff or agenfs thereof. Operators not in the approved uniform. 2.3 Personnel The Contractor shall fiumish all operators, portersPous washers, dispatchers, supervisors, mechanics, administrative personnel, and other personnel services necessary for providing the transportation service in accordance with this Contract. The City of Petaluma reserves the right to review the resumes of management personnel assigned to this Contract. Contractor`s Project Manager shall meet weekly with the City's Project Manager or as needed. As part of this proposal, contractors shall include proposed driver, dispatch, training and safety, road supervisor, support ,personnel, bus porter, and project manager wage and benefit packages which will be offered to each of the above employment classifications upon contract commencement. 2:3.1 Required Management Personnel The Contractor shall provide 1.0 FTE Project Manager, a 1.0 FTE Mechanic and a 0.5 FTE Road Supervisor, both dedicated solely to this Contract. The Contractor shall provide supervisory personnel on duty prior to driver rollout to assure complete route coverage/schedule adherence. All cleaning and other personnel that work after service hours shall be appropriately supervised. Contractor must include complete employment history and resume materials for the project manager being proposed. This position is critical to the success of the operation and significant scrutiny of the proposed project manager is to be expected. S:1Transit 8 TransporiafisnlAgreements - RFP's1MV TranspsrtatianWlV Contrast 2007-2010107-10 Conlrac05cope of servlce_Flxed Route_1_1o.doc7 2.3.2 Supervision Contractor steal( employ a full Time General Manager wio is responsible.foroll day to day operational, maintenance. and safety duties. GM shall supply the City with a weekly schedule that varies in time and day to insure proper supervision is give over the course of the service day. GM shall meet wifih the City of Petaluma Transit manager on a weekly basis to communicate any issues regarding transit operations. Additionally,. The City of Petaluma shall require to meet with the General Managers supervisor, be it Vice President or Executive director etc, on a monthly basis'to insure all terms and conditions of this contract are upheld andto give the contractor and City an opportunity to discuss any issues they may deem necessary. 2.3.3 Dispatching/Radio Control The City will provide radios on all City of Petaluma Transit revenue vehicles. The Contractor wi11 provide adequate dispatch and radio ;monitoring personnel to enable effective driver/vehicle assignments and prompt responses to driver and/or vehicle problems that could impact City of Petaluma Transit service. The City will provide the base station and accessories. 2.3.4 Road Supervision: Contractor shall provide a half FfE or (1040 hours.annually) af-an road supervision. The road supervisor shall submit road observations reports to Transit Manager on a monthly basis. City steal! have the right to direct the road supervisor to assist with special projects in conjunction. vuith .his Iher duties with prior written request to contractor. including the .monitoring .of schedule adherence, on-street .operation,. and on-route compliance. This supervision will include conducting ride checks (an-board) to ensure operator adherence to procedures (i.e., fare collection, ADA compliance, and passenger relations). Such supervision wilt also include responses to investigation of accidents. The City also reserves the right to provide similar investigations and adherence checks of its own without notice to ensure compliance with terms of the Contract. 2.3.5 Safety and Security The Contractor shall take all-reasonable and necessary precautions to provide. security for any equipment provided by the City,. as well as for records of City of Petaluma Transit' operations. Contractor shall tae responsible-for safety 'and Security of passengers during operations and 'for ail related equipment and facilities. Contractor shall include specific procedures in the proposal, which. define the safety and' security program. for the City of Petaluma Transit. service. Safety and organizational meetings shall be held with ail eFnployees at feast once per month. Contractor shall report all hazardous conditions (e.g., trees, signs, road conditions, etc.) in the service area to the City and any other appropriate authority and take necessary precautions~to safeguard passengers, personnel and equipment. Contractor shall not permit drivers to bear weapons of any type on Contractor, or City property, facilities, or onboard vehicles while operating a vehicle under the terms of this agreement. S:\Transit ~ i'ransporiationlAgreements - RFP's1MV TransportattonWtV Contract 2D47-201011)?-iD GonltacllScope of 5etvlce_Fixed ~ioute_1_10.doc~ ~ 1 _ 2.3.5 Injury and Illness Prevention Plan Contractor .shall maintain and provide a copy of the fii`m's Injury and Illness Prevention Plan in compliance with Ttle S of the California Code of Regulation, Sec. 3203. 2.4 City-Furnished Vehicles The Contractor shall be imtiaily provided with nine (9} fixed-route vef~icles. All City of Petaluma Transit vehicles are equipped with air conditioning and wheelchair/patron lifts. An adequate number of wehicies will be made available to the Contractor to assure at least a twenty percent spare ratio. Contractor may tatilize City-owned vehicles for driver training. See Appendix C for January 2006 Pleet Roster. The City shall pay for ail repairs unless the repairs arisehesult from Contractor negligence. It is the City's responsibility to determine negligence and would be based on common transit industry practices. The City reserves the right to add/subtract ar substitute vehicles far those described in Appendix C as long as they meet or exceed the current fleet condition. The City will not provide Gontractoc with any non-revenue vehicles to conduct daily non- revenue service tasks. Contractor shall be responsible for providing any non-revenue vehicles that may be desired for running of errands, field review of operations, or shuttling of drivers, etc. 2.4.~t Transition of Vehicles City and its agents will jointly inspect each vehicle with Contractor and sign off on the origins! inspection sheet.from.when the Contractor originally inspected and accepted the vehicles. After the City has accepted the vehicles, an inspection acceptance farm will be generated at that time. It is the safe responsibility of the Contractor, at its expense, to ensure all City vehicles are in good operating condition, free of damage andlor neglect both. inside and outside. Should the Contractor fail or refuse to meet this requirement, the City may, at its option, make repairs at Contractor's expense. 2.5 Operafing Mode The City wiU provide a[I vehicles, maintenance, and fuel required for scheduled service. The Contractor is required to provide the necessary drivers, supervisory/management services, and all other goods and services needed to provide the services described in this Scope of Services unless expressly stated that such goads and services would be provided. by the City. S:\Transit & TransportattonlAgreements - RFP`sUv1V'rransportatlonWlV Contract 2007-21)id1d7-10 ConlractlScope o[ Senrlce_Fixed Raute_i _10.doc~ ~~ 2.6 Facilities The Contractors may occupy and perform services as required by this contract from the City's Public Works facility located at 555 North McDowell Blvd. Gantractor(s} shall share this work place with City staff assigned to the Public Works facility. To further this requirement, Contractor shall enter into a~ lease with the City at least thirty days before the term of this contract begins. The lease shall specify reasonable. rules and regulations for Contractor's use of the facility and shall provide for nominal rent of one dollar per month. 2.7 Software/Hardware The Contractor will be required to supply all administrative office software, all computer hardware for this contract. 2.7.1 Fare Collection The Contractor shall collect the fares and charges that maybe es#ablished by the City. Contractor sha11 be responsible for all fare collection and reconciliation activities, safeguarding and depositing afl fare revenues in a dedicated account as directed by the City, and for all fare/revenue reporting. The Contractor shall be required to provide the City with the following materials or information: m Fares collected (which shall be reported monthly (by day), then deposited into the City of Petaluma bank account. Fare boxes (vault-style) shall be provided. by the City and maintained by the Contractor. The City utilizes battorn-loading, non-electronic fireboxes. The City reserves the right #o approve any fare collection/security system implernented throughout the contract term. -The City reserves the right to examine the books of fares collected at its discretion, including retaining the services of an independent third party auditor. 2.7.2 Employee Bus Passes Contractor hereby agrees that a#ective January ~t, 2007, each month it will purchase twenty=one (21 }bus passes from the City at the current adul# pass rate and fourteen (14~ student passes at the: current rate for student passes. Payment for such passes shall be made on the first day of the effective month of the pass. Such passes shat! be good for any current employee of the Contractor for transport upon regularly scheduled Petaluma Transit service. Passes are not transferable to non-employees and may be revoked by the City for unauthorized use (fixed route only). 2.7.3 Firebox Revenue 5:1Transit ~ Transpnr1a11on1Agreements - RFP's1MV TransporfaHonlMV Contract 2 007-2 0 1 0107-1 0 Eonlracllscope of serviae_Fixed Route_i_10.doa1 a ZB Too satisfy the- Transportation:. Development Act reguirement'thatflfteen per cent (15%) of the mantFtly ,operating cost 'Is obtained firom farebox revenues for fixed route. Any shortfall in'fhe fifteen per cent (15%) required for fixed route transit service shall be paid by Contractor at year's end. 2.7.4 Telephone Information Service Contractor shaA provide customer 'information service to the- :.public in English and Spanish during all hours of` system operation: In addition, Contractor shat) also install and maintain a TDD system for the hearing impaired far .both each service. Contractor shall keep a log of all calls and submit to City any complaints and the appropriate resolution. City shall provide for Contractor sufficient telephone lines dedicated to the City of Petaluma Transit operation to ensure effective communications. These phone lines shall be used solely for the purpose of providing customer information and shall not be used by the. Contractor for any other purpose. These telephones shall be answered as "City of Petaluma Transit". Telephone charges. shall be the responsibility of the Contras#or. All telephone Lines and their respective numbers are the property of the City. 2.8 Equipment Gonditivn Vehicles placed in service by Contractor must, without exception; o Be cleaned daily inside:and outside. ® Vehicle floors will be swept-,and mopped daily. ® Driver area will be wiped'-dawn. This shall include, but not be limited to, dash controls, dashboard, above the driver area, and-along the front dashbaard_ ® Have fully operational heating and air conditioning,. wheelchair lifts, securement belts, flip seats, radios, fai•eboxes, and destination: signs. ® Be free of body damage,, Rave no missing or unpainted panels. s Be free of graffiti on the exterior and the interior. ® Have all safety items fu6y operational (i.e., lights, brakes, hom, tires,. wheelchair tie downs, seat belts, etc.)' m No vehicle shall be cannibalized for parts far any reason without prior written consent of the City. 2.9 Data 2.9.1 Daily Statistics. The following information will be provided to the City an a daily basis: • Summary of driving and intlustrial accidents and incidents for previous day. Wheelchair hoardings attempted/successful for the previous day. S:1Transtt 8, 7ransportaltonlAgreements - RFP's1tiAV Trartsporia0onlMV Contract 2007-2010107-i l)'Coniracl\Scope of service_F7xed RQUIe_i_10.dacl j • Number'of late/missedtrips far previous day and the cause. Number of overloads experienced for the previous day. Written accident reports will be required to be submitted to the City within 24 hours of the incident. 2.9.2 Weekly Reports The daily statistics shall be aggregated to a weekly and month=to-date basis and a report provided to the City's Project Manager on a weekly basis in an electronic (Excel} format. In addition to the daily indicators, ridership counts segregated by service type and route as well as the. number and type of complaints received for the week must be included in the weeky report. 2.9.3 Monthly Reports The following performance indicators must be reported monthly: ® Miles between roadcalls. ® Miles between maintenance roadcalis s Number and Fercer~tage of missed late pull-outs ® Number and percen, tage of missed/late trips m Number and percenfage. of on-time performance ® Number of complaints%1;000 passengers ® Total accidents/100;QOO miles Collision accidenfsllOO,Q00 miles ® Total preventable accidents/100,000 miles ® Passenger accidents per 140,000 miles ® Pass sales activity at dispatch ofifice Wheelchair hoardings p Drug and Alcohol tests m Driver/Dispatcher Training Activities d Driver Evaluations ® Requests for services not currently provided ® Ridership counts by day, mode, route, and fare type 2:94 Customer Comptaints Contractor wiD contact by #elephone, or follow up with written correspondence if necessary to the cainplaint. tf an investigation is required, Contractor will conduct an investigation and the initiator wi![ be contacted by telephone or written correspondence regarding the results of the' investigation. Contractor shall respond to customer complaints within two (2} business days of receipt. The Contractor will be required to track and report,to City ail complaint information within twenty-four (24} hours of receipt of complaint. 2.9.5 NTD Reporting All public transit service provided far City must be reported annually to the Federal Transit Administration (FTA} in a completed National Transit Database (NTD) report. As S:1Transft & TransportationlAgreements - RFP'sIMV TransportatlonlMV Contrac12007-2010107-10 ContracllScope of 5ervfce_Flxed Roule_1_1 o_doc12 3~ part of #he; annual NTD reporting requirement, the Contractor shall conduct on-board data- sampling each year as directed by the FTA/NTD 'to Statistically compute valid passenger mile data. The Contractor agrees to use the technique described in FfA Circular C 271D.1A (dated July 1S, 1988). The Contractor shall submit the daily random- sample trip sheets no later than the tenth (10'x) calendar day for the previous month's sampled trips. The Contractor shall prepare a quarterly report of the random trips to be submitted no later than thirty (30) days after the end of each quarter and prepare an annual summary to be submitted no later than.thirty (3D) days after the end of the fiscal year. Contractor shall be responsible far ensuring that aA reported NTD data meets FTA requirements. and defiritibns. Contractor shall be responsible for maintaining the most recent fVTD data collection procetlures. The monthly, quarterly and annual reports shall be considered missed if not sutrnitted to City by the tenth (it)t~) calendar day or thirty (30} days after the end of the quarter or fiscal year,. respectively, and be considered a cause for termination (default) of this Contract. Contractor shall conduct any mandatory sampling that Nl-D may require of City of Petaluma at any tune during contract term. 2.9.6 Drug-Free Workplace Policy The Contractor is required to develop and implement procedures that. comply with the City's Drug-Free Workplace Policy and applicable FTA requirements. (Refer to Appendix B.) 2.9.7 Performance Specifications All performance specifications will be strictly adhered to in order to provide the highest level of service .possible. The City reserves the right. to monstor the Contractor in its performance of the Contract to ensure ail performance specifications are adhered to. To receive full compensation, the Contractor is required to meet or exceed the fallowing standards of performance on a morythly basis: 2.9.7.1 .Operating Performar}ce Standards - Vehicles shall be operated with due regard for the :safety, 'comfort, and convenience of passengers and` the general public. Service shall be provided as scheduled or according to any adjusted schedule. established by City, including route modifications required as a result of a declared emergency.. The Contractor shall strive to maintain on-time performance of 90% or greater measured at both the time of route pull out in the morning and at specific time points during the day to be established in conjunctions with City; however, Contractor shall not be held responsible for the failure to provide on-time service due to weather, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to City. Contractor shall not be more than five (5) minuets early for the morning pull-out. 2.9.7.2 Personnel Performance Standards -Regularly assigned drivers and one (1) trained extra. board (EI3) back-up must. be available at all times of City of Petaluma Transit operation to ensure consistent and reliable service under the Contract. The EB driver may perform other duties related to the operations of City of Petaluma Transit while on duty, provided that he/she is available for relief driving at any time. S:1Transit 8 Transpor-atlonlAgreements - FtFP's1MV TranspodatfonlMV Contract 2007-2010147-10 GontrdctlScope of Servfce_Flxed Roule_1_14.doc1 ~ 2 1 2.9.7.2.1 AIt personnel are responsible for knowledge of the service. Project personnel must maintain a courteous attitude, answering to the• best of their ability, any questions from the public regarding the provision of service. Customer service training must include a focus on positive customer relations. Personnel must.report customer comp(aints.andlor operatiflnat problems to the Contractor's Project Manager who will be responsible to inform the City. All customer complaints must be reported to City within twenty-four (24) hours of being received. 2.9.7.2.2 Drivers must accurately and completely submit the required operating reports each day. 2.9.7.2.3 Contractor mustrykeep vehicles clean both exterior and interior on a daily basis. A cleaning schedule must be provided to City once a month with operations reports 2.9.8 Liquidated. Damag_es /Incentives City has the right, in its: discretion,. to .impose liquidated damages in accordance with this section. The Contractor shall have the opportunity to contest any liquidated damages assessed, but this .shall not affect the right of the City to deduct. the amount of liquidated damages from the monthly invoice, during the month of which the LD occurred, amount due the Contractor. City may assess liquidated damages: fatter than the time of payment of current invoice due to .incidents not know or reasonably could knot have been known to Contractor or City and reported to or discovered by the City or Contractor at a latter date. One hundred dollars-($1:00.00) for each time the following default occurs: Failure of any non-trainl3e~ driver to wear an approved uniform while on duty. All drivers who have completed their introductory training must be in uniform whenever they are an duty. ® Fifty dollars ($50A0) per trip for each failure of a driver fo announce major intersections,. transfer opportunities, and major activities as required by the ADA. The Contractor shall deduct from its billing rate any missed hours of revenue service regardless of assessment of'fiquidated damages. Failure of the City to .assert any right which it has under any resultant contract, onto assess ;any liquidated damages as provided; shall nat aft as a waiver as to the'City's right to :enforceahe provisions of said Contract,, orassess liquidated damages in the future.. 'The assessment of liquidated damages and(or deductions as provided under any resultant Contract shalt in no way relieve the Contractor of its obligation to provide... sufficient service, vehicles, or drivers or to meet any of the terms of this Request for P: roPosals. Fifty dollars .($50.00) per each missed trip that was in control of the Contractor. The .maximum liquidated damage in any month shall not exceed one thousands do!)ars ($x,000.00) Contractor may .earn up to $500.00 per quarter for increased ridership of more than'10% over for. the past 2 quarters average. $:ITransit 8 TransportatlonlAgreemenis - RFP's1MV Transportation\MV Caniract 2007-2D10\DT-10 GontracAScape of 5ervice_Fixed Route_1 _i O.doc 14 32 2.10 Marketing-and Public Relations The City steal! be responsible for alt marketing and. public relations activities relating to the City of Petaluma Transit program or service. The City steal[ furnish a1E schedules, maps, transfers, passes and other printed materials required for marketing. the service. The Contractor shall distribute City of Petaluma Transit .onboard notices, cooperate. and participate in marketing, promotion, advertising, public relations, and public education programs and projects ,undertaken by the City from time to time. City shalt be the exclusive public media contact in connection with the City of Petaluma Transit program. Under no circumstances shall the Contractor or its employees be permitted to distribute any unauthorized printed or written materials without written permission from the City. 2.10.1 Advertising on F~cterior and Interior of Buses The City rnay, during the course of this Contract, require the Contractor to allow vendors contracted by the City access to vehicles assigned to this :contract to install and remove advertising material. All advertising materials will meet uniform size requirements, and are subject to City approval prior to being installed. 2.16.2 Signage Contractor shall display required head signage, in plain view, in all City of Petaluma Transit vehicles, while in revenue service. 2.1 ~ Operating During an Emergency In the event of an emergency, Contractor shall deploy vehicles in a manner described by the City. Emergency service does not constitute an expansion of service. City shall be obligated to compensate Contractor for emergency service that significantly exceeds the normal expense of operating the transit service during such period of declared emergency. 2.1.2 FEDERAL, STATE- LAW COST INCREASE In the event of any change in Federal, State ar Local law, rule ar ordinance which -has the effect of increasing or decreasing. CQNTRACTOR's operating costs, inelading but not limited to an increase in the minimum wage or healthcare and' overall. benefits .cost, CONTRACTOR and CITY steal( meet to discuss the, impact of these costs and may, suE;ject to the approval of CITY' and CONTRACTOR, nego#iate adjustments to CONTRACTOR`S rates. Should the CITY and CONTRACTOR be unable to reach an agreement to increase CONTRACTOR'S rate to offset the increased costs, CONTRACTOR may~terminate the Agreement with 36 days written notice. The CITY acknowledges fihat CONTRACTOR'S termination due to inability to recover additional costs imposed is reasonable. 5:\Transft & TransportallonWgreements - RFP's\MV Transpnrtatlan\MV Contract 2007-24101D7-10 ConCracttScope of 5erviee Fixed Route_1_10.doe~l 5 33 ATTACHMENTS . Attachment 1 Attachmenf 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment t3 Attachment 9 Attachment 10 APPENDICIES Agreement - Inciuding Federal Requirements (Exhibit A) Certification o€ Primary Participant Regarding Debarment, Suspension and Other Ineligibility and Voluntary l=xclusion Certi€ication of Restrictions on Lobbying Buy America Certi€icate Bid Protest Procedures Current Contract. City of Petaluma Transit Operations Reports Incumbent Contractor Wage and Benefits Levels RFP Dated lVlarch.8, 2006 Contractors Response to RFP Dated April 20, 2006 Appendix A NTD Reporting Requirements Appendix B Drug & Alcohol Testing Program Appendix C City a€ Petaiuma Transit January 2006 Fleet Raster Appendix D City o€ Pefafuma Transit service brochure Appendix E City of Petaluma Operations Cost Table 5:\7ransli & TranspartatfonlAgreements - RFP's\MVTranspasiatlon~+/IV Contract 2447-2oi4\47-10 6onlractlScope of 5ervlce_Ffxed Route_i_14.doc~ ~ 3y APPENDIX. B CITY Of= PETALUMA 1=EDERAL DRUG.. AND ALCOHOL TESTING REGULATIONS CONTRACTOR COMPLIANCE GUIDELINES S:ITransit ~ TransporlatlonlAgreements - RFP's\MV TransportatloniMV Coniracl 2007-2010107-iQ Conlraal\Scope of Service_Ffxed Route_1_10.doc17 3~ 3G0 CnmPusLnue,Saite?Iii ruirtietd, CnliCornia 3585 7117 0 8G3 0 89811, Lxt. 3ti34 (tncsiraile) 7D7 0 863 a 89~t imnnsnn(u)m-~trnnsit,cam 5epiamber24, 2006 Mr. Richard Davis Transit Manager City of Petaluma 1 i Engflsh Street Petaluma, California 94952 2610 Dear Mr. Davis; This letter serves as a recommendation of MV Transportation, inc. to modify i[s proposal dated April 20, 2D06 for management. and operations of the Petaluma Fxed Route service, We recommend the following changes, in concert with our consultation with the City: 1. Changing the reimbursement methodology. The proposal Is based on a rate per revenue vehicle hour. We recommend changing the contract to a fixed and variable reimbursement. This will allow the City to easily modify the levels of service pravldad while ensuring that MV recovers hs fixed cost if service decitnes and the Clty does nat pay for duplicative Fixed cost if service Increases. This change does. not impact~the cost_ 2. Increasing driver pay rates and the rate per revenue hour In years 2 and 3 of the contract to allow MV to continue increasing the .rate of pay to employees. There 3s a modest cost. Impact of ibis Fecommendation. The details and proposed new wags scale are contained En the attached documents. This will increase the cost by $43,123 for the contract period. 3. Adding a contract requirement ForMV to annually certlFy to the City the rates paid to each employee are consistentwith the requirements of our proposal. 4. Changing the date of the new contract period to be frnm January 1, 2DD7 through December 31, 2D09. Sincerely, Jon Monson ChieF l=xecufive QFfjcer ~~ Petaluma - 24: Proposed Wage Scale (ReviESed 9-24Q~ SEPIIORCTY YEAR 1 YEAR 2 YEAR 3 Training Rate $iO.OD $10.D0 $10.D0 1n-Service Start $12.DD $12.fiD $13.20 6 Months $12.5D. $13.10 $13.7D 1 Year $12.75 $13.35 $13.95 2 Years $13.00 $13.fi0 $14.20 3 Years $13.50 $14.10 $14.70 4 Years $13.75 ,$19.35 $14.95 5 Years $14.DD $14.60 $15.20 6 Years $14.5D $15.10 $15.70 7 Years $15.D0 $15.6D $16.20 8 Years $1525 $15.85 $16.45 9 Years $15.75 $16.35 $16.95 10 Years $16.DD $16.6D $17.2D Petaluma - 24: Average Driver Wage YEAR 1 YEAR 2 YEAR 3 $ t4.4D $ i 5.04 $ 15.70 Petaluma - 2~: Staff Wages YEAR 1 YEAR'2 YEAR 3 Genera( Manager $ 21.75 ~ 23.D0 $ 24.25 Qlspatchers{ $ 13.52 $ 14.15 $ 14.85 Road Sup (pert time) $ 13.52 $ 14.15 $ 14.85 Shop Foreman $ 23.35 $ 25.OD $ 213.OQ ui;((ty $ 1D.oD $ 10.50 $ 11.D0 • relfectseverage wage forlhlsposlflon. Year 1=1/1/07 to 12/31/07 Year 2 = I/1/08 to 12/3I/08 Year 3 =1/1/09 to 12/31/09 ~J FIXEp ROUTE PRIGS>',pETA1L Gategory 1l11a7`to 1213'I147 Fixed Variable Driver Wages $242,994 $2A2,99D Staff Wa es $44,453: $94,453 Mechanic Wa es $44,738 $44,738 Frin es $8D,57B $19,914 $60;864 Insurance $26,942 $26,942 O eratin ElC eases $2D,772 $2q,TT2 Tratning & Safe $2,9D2 $2,902 Facllii Cit Provided Maintenance $3,226 $3,226 Ca Ita[ de reciation $1,585 $1,585 Interest $5,22D $5,220 General ~ Administrative $38,216 $11x4135 $28,751 Profit $17,371 $5,211 $2,160 ANNUAL TOTAL $578,993 $161,622 $417,471 Annual Units ManfhslRevNrs 12 15,5D0 Rate Per Un1t $ 1,3,4611 $ 26.93 Gate o 111108 to 12!81!08 Fixed Variable Driver Wa es .$253,925 $253,925 StaFr Wa es $99,411 $99,41 ]. Mechanic Wa es $48,003 $48,OD3 Fr€n es. $84,617 $21),960 _$63,657 Insurance $28,802 ~28,8D2 O eratin Ex eases $21,606 $21,606' Trainln &.5afel $3,018 $3;b1$ Facili Ctlent Provided Maintenance $3,355 $3,355 Ca Ital de reciation _ $1.,068 $1,D68' Interest $5;083 $5,083 General & Administralive u38913 $11,674 $27,239 PraFlt $17,688 $5,346 $12,382 ANNUAL TOTAL $6D5,489 $168,12fi $43?,363 Annual Units MonihslRev f'Irs _ 12 1'5,5DD Rale Per Unit $ i4,D11 $ 28.22 3~ Cafega ........ ... 1/'tlU9'fa 3213'{!09 Fixed Varfat5la Oliver Wa es $265,859. $265,859 Staft Wages $105,651 $1.05,851 Mechanic Wa es $50,187 $50,187 Frln es $Ba,909 $22.275 $66,634 Insurance $3Q,19D $30,190 O eratin F,t enses $22,468 _ $22,Qfi8~ Trainin & Safe $3;135 $3,135 Facfll Client Provided Maintenance $3,489 $3,469 Ca ital de reciation $1,018 $1,0'18 lnierest $4,998 $4,998 General & Administrative $39,662 511,899 $27,7fi3 Protit $1 s,a2a $5;408 ~ $i 2,s2a A~lNt1Al. TGTAL $633,594 $176,852' $456,742 Annual Units MgnthslRev Fits ~ 12 15,ti0D Rate Per Unit $ 14;73B $ 28.47 ~9 E~-IIBIT D PAYMENT SCHEDULE. .City of Petaluma Fixed lEtoute. Transit Service IVIV TYansportation, ][nc. Contract Period i-1-2007 ko 12-31-2007 1-Z-2008 to i2-31 2008 1-1=2009 to 12-3I 2009 Morikltly Fixed Fee $13,460.00 $14,011.00 X1.4,738.00 Service Haar Rate $26.93 $282 X29.47 Not To Exceed $578,993:00 X605,489.00 $633,594.D0 ~-1~ /iC~ITD R~~r~Cit"i~~ ®~ liYa:9~.J~f~lV~~ ~.~ IOV3012007E >w . PRODUCER This certificate is issued as a matter of information only and confers no rights upon Ihe'Gei=tificate`,Hold'e`c This Certificate does not amend, extend or alter the McGriff, Seibels 8 Williams of Ore on 9 coverage afforded bq.thg policies belotiv. 1 B00 SW FirsFAvenue, Suite 20D Portland, OR 97201 COMPANIES AFFORDING COVERAGE Phone:(5D3) 943-8621 Company ACE American insurance Co. A INSURED ~ Company Lexington Insurance Company MV Transportation, inc. B 2024 College Street Elk Horn, IA 51531 Co Cany NationaS Union Fire ins. Co: Company D Company E This is to certify that the policies of insurance described°herein have been issued to the Insured Warned herein for the policyperiod indicated. Notwithstanding any requirement, term arcondltion.oF contract or-other document with respect to which this certificate may be`issued or may pertain, the insurance afforded by the policies described herein is subject to all'1he terms„ conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CD TYPE OF INSURANCE POLICY NUMBER EFFECT[VE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY HDOG23723773 02l01(20D7 EACH DCCURRENCE $ S,OOO,D00 Commercial General Liability D2l0112006 'FIRE DAMAGE $ 100,ODD ^ claims made ~ ocarreoce MEDiGAL.;EXPENSE $ 5,D00 Ownets and CoNractors Proledion PERS.'AND ADVERTISING INJURY - $ 5,000,000 ~ GENERAL AGGREGATE $ 5,000,000 ate Limit applies per: re G l A PRODUCTS AND COMP OPER. AGG. 5 5,000,000 gg g enam Pdicy ^ Prolea ^Larallan A AUTOMOBILE LABILITY XSAHD8227524 02/07120D7 COMBINED SINGLE LIMIT $ 3,OOD,OD4 © Arry Automobile 42101/2008 ~ BODILY INJURY' Per erson $" . p Au awned Automobaas BODILY_INJURY' Peraccident $ Scheduled AulamOblles PROPERTYDAMAGE: Peraecident ^ Hired Automobiles d A t bit ^ COMPREHENSIVE !Jon-rnme o omo ez ® ExrezsotStR COLLISION A WORKERS' COMPENSATION WLRC44483787 p2/01l2007 WC 5tatulo Limit X Other AND EMPLOYERS' LIABILITY p2/01/2D08 EL EACH ACCIDENT $ 1,D40,000 EL DISEASE Each em to ee $ 1,D00,000 EL DISEASE PoliG Limit $ 1,000,ODO B EXCESS LIABILITY 8501901 02/01/2DD7 EACH;OGCIJRRENCE $ 10,000,000 . ® occurrence ^claims Made BE8767100 02/01!2408 AGGREGATE $ 1D,000,000 C $ $ $ $ $ officials, er~playcc~?a ~d :aluntecrs ore named asAdditionaE In.:ure~ as respects the aperations,of the ~!am d hisueed ::•ith ttd:officer., '-ha City of f'etalumo , „ respectsao'Genera[ and Auto,Llabiiity coverage. as-required by written contract subject to policy terms, conditions and exclusions. City of Petaluma is added as Loss Payee asresecls City Owhed Vehicles. CERTIFICATE HOLDER SHOULD ANY OFTHE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TF4E ISSU{NG INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTiCETC} THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70' DO SO:SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER;;ITS AGENTS'OR REPRESENTATIVES. Authorized Representative City of Petaluma ./~ _ ~ ~~ - Attn: Public Facitlities & Service Department ~~ v ! - . ~ ;-~'w..- 555 North Mcdowell Boulevard ~ Petaluma, CA 94954 ~ Pace 1 of 3 CertiGcatelpN 1XHC9GBR -1 I /`'~®®~ i 9®'~~f~ Y~'~~f'`.~i f®IV ISSUE DATE 01!30/2467 PRODUCER CERTIFICATE'HOLDER McGriff, Seibels & ~Iliams of Oregon 1800 SW First Avenue, Suite 2dd Portland, OR 97201 Phone: (5d3} 943.6621 INSURED MV transportation, Enc. 2024 College Sireet Elk Ham, IA 51531 text Auto Physical Damage Insurance Company: Ace American Policy u: XSA:-[l}f33»7539 Policy Period: ?/1/tl7 - 2/1/08 Limit: Actual Cash Value I °a:te = ~ Insurance Company City of Petaluma Attn: Public Fa~tlities 8 Service Departmehi 555 North Mcdoweli Boulevard Petaluma, CA 94954 IDtt ~2 U'L/"L4/'LUUti Sti:b2S 1~A,L CI''_'fU;i`724f Allhl CriSlltlL''lY ~c uuzx ul1 POLICY NUMBER ~o G2172791 A COMMERCIAL GENERAL LIABILITY • CG 20 10 30.01 THIS EiVDORSEMEIUT CHANGES THE POLICY. PLEASE RE~4D IT CAREFU!!Y ~Dt~1'TI~NAL i U~UF~ED - C~~R, LESSEES ~R ~1~~4TA~°i'~RS - S~hfEDl1LE~ PEF~S®N ~ ~RC~A1ZATt~ This endorsement modifies insurance provided. under the following: COMMERCIAL GENERAL LiA[3lLITY COVERAGE PART SCHEbULE illame of Person or Organization: "anyone where agreed to in a writtea co~tract° IIf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} ' A. Section II -Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing :operations performed for that insured. B. With respect to the insurance afforded to these additional insureds. the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after. CG 20 10 l0 01 {1) All work, including materials, pads ar equipment furnished in connection with such. work, on the project {other than service, maifitenance or repairs) to be performed by or on behalf of the additional insured{s? at the site of the covered operations has been completed; or {2j That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project . 91S0 Properties, lnc., 2000 Page i of i ^ ~3 POLICY Ni`IPUIBER: ?(SAH08.22t)6'IA EN DT.. #10 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEII~EtUT GHr4fVGES THE POLICY: PLEASE READ IT CAREFULLY. ~iGAI°D iNU® This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGEfORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this,endorsement_ This endorsement identifies person(s) or arganization(s} who are. "insureds" under the Who Is An Insured Provision of the Coverage:Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: D2/o1/2006 Countersigned 13y: ~~ _ Named Insured: My Transportation., Inc. ~-'-->--~ ~-_. Authorized Re resentative SCHEDULE Name of Person(s) or Organizations}:. Where required by written contract (If na entry appears above, information requited to-complete this endorsement will be shaven in the Qeclarations as applicable to the endorsement.) Each person or organization. shown in, the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies. as an "insured" under the Who Is An Insured Provision contained in SECTION ll of the Coverage Form. ~~ CA 20 48 02 !39 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 O PBRFOFLyIA2VCE' BAND I{NOW ALL 1VIEN B1` THESE PRESENTS: Mu TRANSPDRTATIDtJ, INC. Bond No. eetis~s3 PREMIUi9: Se34_DD - rIaEL'ITY ANn 'DEPnSIT CDr6~RrtY (hereinafter called the Principal}, and ar MARYLANLI , a Corporation of the State Uf MARYLAND (hereinafter called the Surery), are held and fumly bound unto CITY RF PETRLUMA (hereinafter called the Obligee}, in the full and just sum of TLIENTY EIGHT THDUSAND NINE FsUHUREO PlrTY DOLLATtS ($?e.eso•Dai to the payment of which start, we41 and holy to be made, the said Principal and Surety bind themselves, and each oCtheir heirs, administrators, aeecutors, and assigns, jointly and severally, firmly by these presents. wHER:I;AS, the.Principal has by written agreement dated with the Ownerfor FIXED ROUTE TRANSIT SERVICES entered into a contract far¢ period of 3 year(s) which contract.is hereby referred to and made ¢ part hereof 6V8ER:>C.aS, ttte Obligee has agreed to accept this bond guarante~ing'the perfomuutce ofsaid contract far a period of one year- I~IOZ'V, THEREFORE, T"HE CONBTTiON Or THE ABOV)~ OBLIGATION IB 5I3CA, that if the Principal shall well and truly perforrn.cach and every ob[igation in said contract at the time and in the manner specified during the term of this bond„and shall reimburse slid Obligee till loss and damage which said Obligee may sustain by reason of failure or defaulto[i thcpart of said Principal, then this obligation shall be void, otherwise to remain in'fiiEl forcrand effect. P'ROV)DED, HOWEVER; That this bond is sub}ecrto the following conditions: I . ~ This bond is for the rErm beginniag T/2z/D~ 2. ln,the egeat of a default by the Principal in the performance of the contract dtuing the term of this bond, the Surety shaIl be liable only for the loss to the (pSligee due,to actual excess cost of perfortnanoe wliic6 occurred during the effective period of [he bond, up to the maximum penalty of this bond. 3. No claim, action, suit; or proceeding, except as hereinafter set fortft, shall be had or maintained against'thc Surety an this instrument unless satzie be brought,or instituted upon the Surety within one year from ictmination or expiration of the bond term. 4_ Neither nonrenewai by the Surety, nor failure, nor inabi{ity of the Principal to file a replacement bond shall constitute Loss to the Obligee recoverable-under this bond. _. S. The bond maybe extended for additional terms at the.option of the Surety, by continuation certificate executed by the Surety. 6. No right of action shall accrue on this bond to or for the nse of any pcron or corporation oilter than the Owner named herein or the heirs, executors, administrator or successors of Owner. Sib ed and sealed dtis JANUARY 22, zao7 MV 7RANSPORTRTION, INC_ SY ! (~ - (tVltness) ~~- FIOCRLITY ANQ OEPDSIT.CDMPAWY Ot" MRRYLANv ~1 \ t ^AVID'WEISE, A[tomey-in-Foot (Witness) ~~ Power of Attorney F1DELiTY AND DEPOSIT COMPANY OF MARYLAND I:.i,TOW ALL .MEN BY TkiESE PRESENTS: Thatthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. IdAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section`2, of the By-Laws of said Company, w set forth on'die reverse side hereof and are hereby certified to be in foil force and effect on the date hereof d s ~ 'note, constitute and appoint David WEISE, of Rancho Cordova, .California,. its true and.l ~ oin - act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al taIangs, and the execution of such bonds or undertakings in:pursuan o ' : ', s ° on said Company, as fully and amply, to all intents and purposes, as if th xe~.u~et~• ~ ged by the regularly elected officers of the Company at its office in Ba r~ hetr r This power of attorney revokes that issued on behalf ofDavid WELSI~ , 2~3~~n~ ~~~~`-~ The said Assistant Section 2, of the By-: fp"lhat the extract set forth on the revere side hereof is a true copy of Article VI, is now in force. IN WITNESS WF~ft~`OF, the said Vice-President and Assistant Secretary have hereunto subscribed their, names and affrxed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of June, A.D: 2004. ATTEST: ~p DEYpf~ P j ~ ~ror4 C ~. fp P -'+ w ~ W b r j~ } ~'~GQTI State of Maryland ~ s5: City of I3altimore 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith tlssistatttSecretary P, ~ M. P. Hammond face President On this 30th day of June, A.D. 200, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, came M. P. I~IAMMOND, Vice President, and. T. E. SMITH, Assistant Secretary of the FIDELTTY AND DEPOSIT COMPANY 'OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said:officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and drat the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, i have hereunto set my hand and" affixed my Official Seal the day. and year &rst above written. o~tUB A- Kt}D~y w.~wa. ~~~~ Dennrs R. Hayden Notary Pttblre My Commission Expires: February 1, 2Q09 ~~ ~'Qrl-a= (t16-303?.f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Sacramento Cmn x/22/07 before rime, Vicki S. i++itoon Notary Public, personally appeared ®avid VU'eise_ _ , personaily known to me (or proved to me on "the basis of satisfactory evidence} to be the person{s}; whose names} is/are subscribed to the within instrument and acknowledged to me that hejshejthey executed the same in hisjher/their.authorized capacity (ies}, and that by hisjher/their signature(s) on the instrument the persons}, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. ,~ ^NIC~{i S. MOAN ~-~ u > 2,.,,s „ con~~~. ~~~~>7~3sa L_. xj ,~ A~OTAS~yP{,.,LtL' oCA~,=pFNIA ~ ~A , ,l' ~'.~S+- v SACRP~~iCN70001f}I"fl' -~ ~. 1"t ~.. ,._,,-~. ~.,'_ C~omm.~MkRCH 27, zoos ~ 1 ~ 1 U ~ "' (Signature of Notary Public} 1