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Agenda Bill 2F 05/27/2010
,4~ev~da~Itewv# 2.~ ,W`~ A L ~~r a ~ I8,5$ DATE: May 27, 2010 TO: Honorable Mayor and Members of the City Council through City Manager FROM; Vincent Marengo, Public Works Director SUBJECT: Resolution Authorizing City Manager to Execute a Second Amendment to the Agreement between the City of Petaluma and MV Transportation, Inc. to Extend the Contract to.June 30, 2011 and Amend Section 2.4~of the Scope of Services RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing City Manager to execute a Second Amendment to the 2007-2009 Agreement between the City of Petaluma and MV Transportation, Inc. to extend the contract to June 30, 2011 and amend Section 2.4 of the -Scope of Services. .BACKGROUND: The City's 2007-2009 fixed route transit operations contract with MV.Transportation, Inc. (MV) is for a base period of three years, with two optional one-year extensions. On December 21, 2009, City Council authorized a first amendment. to the MV agreement, which provided for a six month contract extension from January 1, 2010 to June 30, 2010 at the FY 2008-09 rates (0% CPI). The six month extension provided consistency between the fixed route and paratransit contract terms. On March 15, 2010, City Council approved a one year contract extension for paratransit operations with Petaluma Peoples Service Center (PPSC). PPSC's contract provided. for two one-year extensions to the base term. The Council's action in March exercised the second, and last, of those extensions. The paratransit operations contract now ends on June 30, 20.11. ~ _ This second amendment. is to•extend the fixed route contract with MV by a final additional year (ending June 30, 2011), and. amend Section 2.4 of the Scope of Services to reflect the Gity's assignment of paratransit maintenance labor to MV, with'a correspondingaltering of monthly fixed and variable rates. The second amendment also adds as an express contractual requirement that the City will reimburse MV for Living Wage ordinance pay, as required by the City's ordinance, which exceeds the 2006 bid proposal rate schedules pre-dating the ordinance. The City has been paying this sum annually under staff's interpretation of the Agreement, but it has not, to date, been memorialized in the Agreement. Agenda Revie Dept. Director City Attorney Finance Director City Man er DISCUSSION: On May 1"7, 2010, the City Council approved a reduction in revenue hours planned for FY 10-11, which under the exstingMV contract requires the City to negotiate new fixed and variable costs per hour. A significant decrease or increase of scheduled revenue hours often impacts the bid models of transit operations contractors. To this end, the City and MV have negotiated a new set of fixed and variable rates, based upon the number of revenue hours the City wi l run in.FY 10-11. MV and the City have reached agreement on extension pricing for projected number of revenue hours approved by City Council on May 17`h, 2010. FY 10-11 Contract (Projected) Annual Fixed Route Revenue Hrs: 13,350 Monthly Fixed Fee: $23,800.53 Variable (Revenue' Hour) Fee: $22.82 Annual Contract Value: $590,783.00 FY 09-10 Contract (Actual) Annual. Fixed Route Revenue Hrs: 16,000 Monthly Fixed Fee: $14,738.00 Variable (Revenue Hour) Fee: ~ $27.61 Annual Contract Value: • $618;616.00 The change from the original contract, in fixed costs versus variable costs, reflects MV's experience that a larger portion of their costs are not indexed to the actual revenue hours being provided. The variable costs now reflect actual costs for providing additional hours of service, which are primarily driver expenses. Petaluma Transit is currently providing approximately 16,000 annual revenue hours of service in FY 09=10. Petaluma Transit has experienced funding deterioration over the last three years, with FY 09-10 TDA (Transportation Development Act) revenues $300,000 less than FY 07-08 TDA revenues. Pursuant to the City of Petaluma's Living Wage Ordinance, adopted on November 20, 2006 and codified at Petaluma Municipal Code Chapter 8.36, should any set rate~of pay be less than the Living Wage rate established by City Council resolution, pursuant to Petaluma Municipal Code Chapter 8.36, Contractor shall pay employees no less than the Living Wage rate.. For this contract, the City has compensated Contractor for any difference between the Living. Wage rate and the contract rate on a direct pass through basis because Contractor's bid proposal pre-dated the effective date of the Living Wage Ordinance. The proposed Second Amendment adds an express Living Wage reimbursement provision for FY 10-11. The cost'of the reimbursement is estimated.at approximately $2000 per fiscal year and would vary, depending on the experience levels of drivers. Instead of the •3% CPI increase to the operations budget otherwise provided for in the Agreement, rates .have been re-negotiated because. of the service reduction. In preparation for the' coriclusi.on of this final contractual option year, the City will prepare for a competitive bidding process for both fixed route and paratransit services. FINANCIAL IMPACTS: Exercise of this final option year provides cost certainty in the final year before the contract is rebid, and will reflect the cost of providing the new, more streamlined fixed route network. 2 - Total Cost of Proposal or Project in FY 10-ll : not to exceed $600,000 in FY 10-11 Amount Budgeted.in FY 10-11: $600,000 Name of Fund:Transit Account Number: 6500.6.5200.54111 ATTACHMENTS 1) Resolution, including Exhibit A to Resolution, Second Amendment to 2007-2009 MV Agreement 2) First Amendment to 2007-2009 MV Agreement The item listed below is large in volume and not attached to this report, but may be viewed in the City Clerk's office 3) 2007-2009 MV .Agreement 3 ATTACOi6VIEIdT 1 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE. AGREEMENT BETWEEN THE CITY OF PETALUMA AND MV TRANSPORTATION, INC.. TO EXTEND THE AGREEMENT TO JUNE 30, 2011 AND AMEND SECTION 2.4 OF THE SCOPE OF SERVICES WHEREAS, on or about February 7, 2008, the City of Petaluma and MV Transportation, Inc. (the "Parties") entered into an Agreement between the City of Petaluma and MV Transportation, Inc. for the provision of fixed route transit services ("the Agreement"), from January 1, 2007 through December 31, 2009; and WHEREAS, the Agreement provides that it may be extended for up to two additional years, one year at a time, subject to approval by the City Council; and WHEREAS, on December 21, 2009, the City Council approved a First Amendment to the Agreement extending the Agreement six months, from January 1, 201-0, to and including June 30, 2010, with terms indexed at the lesser of the increase in the CPI or 3.0%; and WHEREAS, due to severe losses of transit funding in recent years, economic downturns and withdrawals in state transit support, Petaluma Transit will restructure its fixed route service in FY ~10-11, resulting in a significant net decrease in annual revenue hours;. and WHEREAS, in proposing a Second Amendment to-the Agreement to extend the Agreement for one additional year, from July 1, 2010 to June 30, 20l 1 (FY 10-11), the City and MV Transportation, Inc. (MV) are required to negotiate the terms and rates for the extension because on May 17, 2010, the City Council approved a significant service. reduction for FY ~10-1.1; and WHEREAS, Pursuant to the City of Petaluma's Living Wage Ordinance, adopted on November 20, 2006, and codified at Petaluma.Municipal Code Chapter 8.36, should any set rate of pay be less than the Living Wage rate established by City Council resolution, pursuant to Petaluma 1Vluriicipal Code Chapter 8.36, Contractor shall pay employees no less than the Living Wage rate; and WHEREAS, instead of the 3% CPI increase to the operations budget otherwise provided for in the Agreement, rates have been re-negotiated because of the service reduction; and WHEREAS, for the term of the Agreement to and including June 30, 2010, the City has compensated Contractor for any difference between the Living Wage rate and the contract rate of pay, because the contract bicl proposal pre-dated the effective date of the Living Wage Ordinance; and WHEREAS, the Parties wish to make said Living Wage reimbursement an express provision of the Agreement; and 4 WHEREAS, the Parties have proposed an amendment to Section. 2.4 of the Scope of Services to formally assign all maintenance services for both fixed route and paratransit fleets to MV, and the .City will. compensate MV an additional $30,000 annually therefor in FY 10/11, which is. included in the new negotiated amount of the contract; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes City Manager to execute the Second Amendment to the Agreement between the City of Petaluma and MV Transportation, Inc., attached to this resolution as Exhibit A and incorporated herein by reference, to extend the contract to June 30, 2011 .and amend Section 2.4 of the Scope of Services accordingly. 5 EXFiI~IT A T® ICES®Ll9'T'IOltl SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND MV TRANSPORTATION, INC FORTHE PROVISION.OF FIXED ROUTE TRANSIT SERVICES This SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND MV TRANSPORTATION, INC FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES is made and entered into this day of , 2010, by and between the City of Petaluma, a municipal. corporation ("CITY") and MV Transportation, Inc., a California corporation ("CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to hereafter as the "PARTIES". WHEREAS, on or about February 7, 2008, the .City of Petaluma and MV Transportation, Inc. (the "Parties") entered into an Agreement between the City of Petaluma and MV Transportation, Inc. for the Provision of Fixed Route Transit Services for services from January 1, 2007 through December 31, 2009, as,subsequently amended ("the Agreement"); and WHEREAS, the Agreement provides that it may be extended for up to two additional years, one year at a time, subject to approval by the City .Council; and WHEREAS, on December 21, 2009, the City Council approved a First Amendment to the Agreement extending the Agreement six months, from. January 1, 2010, to and :including June 30, 2010, with terms indexed at the lesser of the increase iri the CPI or 3.0%; and WHEREAS, the PARTIES desire to extend the Agreement for one additional year, as provided for in Section 3 of the. Agreement, .and the PARTIES have negotiated :a new rate per Section 2.1.1 and 2.1.2 of the Agreement, due to planned service reductions for FY2010-2011;-and WHEREAS, no CPI increase is provided to the operations budget, as otherwise provided for. in Section 3 . of the Agreement because of the renegotiated rates resulting from service reductions; and` WHEREAS, for the term of the Agreement, to and including June 30, 2010, the City has compensated Contractor on a direct pass through basis for any difference between the Living Wage rate and the contract rate of pay, because the contract bid proposal pre-dated the effective date of the Living Wage Ordinance; and WHEREAS, the Parties wish to make said Living Wage reimbursement an express provision of the Agreement; and 6 WHEREAS, the PARTIES agree to amend -Section 2:4 to provide that NIV shall provide maintenance labor for paratransit services vans operated under separate agreement between, the City and Petaluma People Services Center, and that City shall increase the annual fixed rate paid to MV $30,000 annually ($2500 per month) as compensation therefor (included in negotiated rate herein); and NOW, THEREFORE, for good and valuable consideration, the PARTIES hereby agree as follows: l . The Agreement period specified in Section 3 of the Agreement shall be extended for one year, beginning July 1, 2010 and ending June 30, 2011, with a monthly fixed rate of $23,800.53 and variable (revenue hour) rate of $22.82 per revenue hour, inclusive of City approved bus deadhead time, also referred to as "gate to gate" hours, with no CPI increase made to ~ the operations budget. 2. The Payment Schedule D of the Agreement is hereby modified to add the following provision: Contract Period Monthly Fixed Fee Variable (revenue hour) rate Projected Annual Contract July 1; 2010 to June 30, 2011 $23,800.53 $22.82 $590,783.00 3. Section 5 of the. Agreement: is amended to add the following language at the end of Section 5: In addition to the terms stated'in Payment Schedule D, The City shall compensate Contractor on a direct pass through basis for any difference between the City of Petaluma Living Wage rate and the contract rate of pay for any Contractor-.employees subject to the City of Petaluma Living Wage rate. 4. Section 2.4, "City Furnished Vehicles," of the Agreement Scope of Services is amended to add the following language at the end of said Section 2.4: . Contractor shall provide all maintenance labor for .both City's paratransit (Petaluma Paratransit) vehicles and for City's paratransit contractor .(currently Petaluma People Services Center),. in addition to providing maintenance for City's fixed route vehicles, for the term of this agreement extension, and in return MV shall receive; an increase in annual fixed costs of $30;000 as compensation ($2500 per month). This compensation is included in the fees. and rates provided for in Paragraph 2 above.. 5. Paragraph. 27, "Insurance Documents" is hereby amended to provide that all insurance documents are to be sent to: Public Works c/o City Clerk, 1 l English St., Petaluma, CA 94952.5. Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect as originally executed. 6. Except as expressly amended hereby, all terms and conditions of the Agreement shall remain in .full force and effect. 7 City of Petaluma By: John C. Brown Gity Manager Date: ATTEST:. City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director MV Transportation, Inc. a California corporation By: Name/Title Date: 1429110.1 8 ATTACHMENT 2 FIRST AMENDMENT TO AGREEMENT BETWEEN TAE CITY OF PETALUNIA AND MV TRANSPORTATION FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES WHEREAS, this FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND MV TRANSPORTATION, INC. FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES is.~made and entered into this<~:~j day of ~ZuY~~ ~(~ --?A99- by and between the Ciry of Petaluma, a mw~icipa,l corporation ("CITY") and MV Transportation, Irrc., a Califotpia corporation ("CONTRACTOR"): CITY and CONTRACTOR are sometimes referred to hereafter°as the "PARTIES". WHEREAS, the PARTIES entered into. an Agreement Between the. City of Petaluma and MV Transportatian for -the Provision of Fixed Route Transit Services from January 1, .2007, to and including December 3Q 2009 (the "Agreement"}; and WHEREAS, the PARTIES desire to extend the. Agreement for sis months, ending Jwre 30, 2010, rather than for one year, as pt-ovided for in Section 3 ofthe Agreemeut; and WH)rREAS, the PARTIESwish to delete Section 2.7.3 of the Agreement Scope of Services to comply with State law. NOW, THEREFORE, 'for good and valuable consideration, the PARTIES hereby agree as follows: 1. The name and caprtcity of CONTRACTOR is MV TRANSPORTATION, INC., a California corporation. 2. The Agreement period.specified in Section 3 of the Ag"reeirrent shall be extended for six months, beginning January 1, 2010 and ending June 30, 2010, at no increase in the operations budget specified in the Agreemeut, not to exceed a total cost for the period, from January I, 2010 through June 30, 2010, of $33,000; with a monthly fixed fee of $14,738 and a revenue hour rate of 529.47. 3. Section 2.7.3 of the Agreement-Scope of Services is deleted in its entirety. 4. Except as expressly amended herein, ali terms and. conditions of the Agreement shall remain in full force and.effect as original]y executed. City of Petaluma John Brown City Manager ~ -Zqj -~o Date MV Transportation, lnc. a California corporation Narne/Title.q/p,N;ri,~ ~.~.5%tvfH ~i1c- Ptt~ Date /~. !i~ 9 ATTEST: City Clerl: I dU ' APPROVE - S TO FORM: C~l`i`^ City Attorney APPROV ~ ~, r" ~~l ~~~~ ~/r~ Department Director APPROVED: Risk M er APPROVED: , s~di,, l2- f~ 3- z y_~a Finance Director T 17611)6.1 1~ A'T'TACI~~IAEnI`T 3 AN AGREEMENT BETWEEN THE CITY :OF PETALUIVIA AND 1VIV TRANSPORTATION, TNC. FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES p ~ c~ THIS Agreement ("Agreement") is made and entered. into this O day of ~~~'~~~ 200 by and between kl~e City of Petaluma (liereiria[ter "C1TY"), a municipal corporation, and MV Transportation, Inc. (hereinafter "CONTRACTOR"). WI'INESSETH 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 310D, to enter into an Agreement to provide such services, and CITY desires to exercise such authority, and WHEREAS, CITY has prepared, distributed and advertised a request for proposals for general public 'fixed route grid paratransit services, and WI-IEREAS, more than one entity has responded to the request and submitted.a proposal, and WI~REAS:, CITY has evaluated the proposals submitted and selected the CONTRACTOR identified .above, and - NOW, THEREFORE, in consideration of the above; CITY aad CONTRACTOR hereto agree as follows: I. This Agreement sha11 satisfy the requirements of Public Utilities Code section 99288, 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, malting a portion of CITY funds available under the Mill-Alquist-Deddeh Act of 1971, as amended: 2. CONTRACTOR represents hereby that it is in the business and fully qualified in the field of public transportation: and is fully willing and able to adhere ~ to this Agreement, at the costs specified herein, and with the Ievel 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, acid abilities as represented by CONTRACTOR. 3. Agreement period shall be for three (3) years, commencing on January 1, 2007 and ending December 31,:2009. Upon the 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. T17e operations budgek-.for any such extended year, shall be increased over that of the preceding year by the int7ation rate, as measured by the Consumer Price .Index Ior°all urban consumers in the San Francisco-Oakland-San lose Metropolitan Statistical Area, not to exceed an increase. of three percent (3%) annually. q. That for, and in consideration of the payments and Agreements hereinafter to be made and,performed by CITY, the CONTRACTOR agrees with CITY, to operate the Petaluma fixed S:\Transit & TransportationlAgreements - RFP's1MV "PransportationlMV Contract 20D7=2010107-10 Contract\2007-2009 MV PSA_1_l0.doc Page fi - ,. r route services; as required in the "SCOPE OF SERVICES" attached hereto and incorporated herein by reference, for the term indicated. 5. CITY hereby promises and agrees with khe 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 arid' referred to for 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 fried route services in the manner specified and according to the SCOPE OF SERVICES. Not Agreement of Employment. It is understood and acknowledged that Agreement is not a contract of employment between CTI'Y and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and 5ha]] at a]I 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. 8. By CONTRACTOR'S signature to this A~eement, 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. and/or paratransi[ services, including: a} Pi7ce Proposal and Budge[ b} Public Information Proposal c) Maintenance Plan 3. Additional Submittals as included in CONTRACTOR's Proposal. 4. SCOPE OF SERVICES attached hereto. S. PAYMENT SCHEDULE attached hereto 6. FEDERAL REQUIl2EIVIENTS attached hereto. S`\Transit & Transportation\Agreements - RFP's\MV TransportationWlV Contract 2007-2010\07-10 Contract\2007-2009 MV PSA_1_l0.doc Png~ 2 ~~ 10. Scope of Services. Provide ail labor, equipment, tools and materials necessary to provide faced route services as more specifically set forth in the SCOPE OF WORK attached hereto and incorporated by referenced herein. 11. Administration of Agreement. CONTRACTOR'S compliance with Agreement shall be supervised and administered by CITY by 'its Public Works Department. L. On-Site Management. The person serving as CONTRACTOR'S Operations Manager shall be approved by CITY. In addition, CONTRACTOR shall designate an agent authorized to bind the CONTRACTOR in all.aspests of CONTRACTOR's performance of Agreement, who shall be available at all times, either by phone or i.n person,. to make decisions_ or provide coordination as necessary. The above individuals shall be responsible for 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 a!1 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. 1~. Changes in Level of Service. The. level of service required of CONTRACTOR shall be as specif ed in Section 2.1 "Service Description" of the SCOPE OF SERVICES attached hereto and as otherwise specified in Agreement.. The procedures for implementing 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 Operate. 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. I6. 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 prouision(s} of Agreement which address the issue: CONTRACTOR shall correct deficiency within thirty (30} days_ In the event [he deficiency is not fully corrected within forty-five days, Contractor maybe terminated with cause at the City's direction. 17. Force Majeure. 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 Che fault or negligence of CON'T'RACTOR. Such causes of excusable delay may include acts of public enemies, military attack and/or other actions, fires, floods, snow 5torm5, earthquakes, epidemic, .quarantine, restrictions, strikes, 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 for any service, the performance of which is excused pursuant to this paragraph. S:1Trlnst & Transportation\Agreements - RFP's1MV Transportation\MV Contract2007-20.10\07-10 Contract~2007-2009 MV PSA_1_l0.doc Page 3 lr the event that CONTRACTOR is unable to provide the services indicaCed due to any cause, he sl'iall :make a reasonable attempt to so notify the public, including notification to local ~lewspapers, notice on City's website, and, if appropriate, local radio and television stations. Whenever CONTRACTOR has Imowledge that any actual or potential force majeure may delay or prevent performance of Ap eement, CONTRACTOR, on a timely basis, shall notify CITY of the facts and, thereafter, shall report to CITY. all relevant informatio^ then known to CON'I'R_ACTOR, and shall continue to so report as appropriate. 18. No Conflicting Uses. CONTRACTOR shall not operate, lease or charter CITY-provided equipment used for Agreement for any purpose other than this Agreement, unless specifically aud~orized by CITY. 19_ Notice. All notices .shall be made by certified U.S. mail, postage prepaid, return receipt requested, orhand-delivered, addressed as follows: CITY: Dept. of Public Works, c/o City Clerk City of Petaluma PO Box 61 Petaluma, California 94953-0061 CONTRACTOR: Jon Monson 36Q Campus Lane, Suite 201 Fairfield, CA 94534 Sewice 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, tt~ CITY in the amount of five percent (5%) of the estimated expenditure far 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 Agreement. The condition of such bond shall be that CONTRACTOR shall fully and faithfully perform all conditions and covenants of Agreement or that the face amount of such bond shallbe forfeited to CLTY. 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 CITY makes any demands far payment on the bond until the CITY 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 eailier in time. 22. Continuity. Agreement is binding upon each of the parties and their respective heirs, shareholders, officers, directors, partners, executors and successors. 23_ 11ssi2nment (Contractor). The performance of Agreement may not be assigned, or in any way suvcontracted on a continuing basis, or any vehicle sub chartered, except upon the prior written S;\Trlns[ & Transportation~greements - RFP's1MV Transportation~MV Contract 2007-2010107-ZO Con[ract12007-2009 MV PSA_1_l0.doc Pogc ~ i , r consent of CTI'Y. C1TY shall not consent to any proposed ass panment or subcontracting,. novation, other writing, or agreement which would have he effect of relieving CONTRACTOR or CONTRACTOR's surety of their responsibility and/or liability under Agreement. . 2~1. Assi~ent (City. The CITY reserves the right to assign its responsibilities under Agreement to any existing or future governmental 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 shaD 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 he incorporated by reference and-shall indicate which party is responsible for lease payments. 25. Transition to Future Contractor. Ug to forty-five (4~) days following the effective date of the termination or expiration of Agreement, CONTRACTOR shall provide to either CITY, or to any future CONTRACTOR(S) selected by CITY, CONTRACTOR'S full cooperation in the transition to the successor CONTRACTOR(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 he made available to the successor CONTRACTOR(S) pending installation of the ne~~r CONTRACTOR'S equipment. CONTRACTOR shall release 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 CON'I'RACTOR(S} to this end_ 26. Indemnification and Hold Hamlless Agxeement 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 limitation, 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, tb 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 inden7nity 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:1Transit. & Transportation~Agreements - RFP's1MV TransportationlMV Contract 2007-2010107-IO Cbntract12007-2009 MV PSA_1_l0.doe _ Page 5 Petaluma, CA 94954 Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish certificate and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the provisions stated herein. 28. Immigration Reform, and Control Act of 1986. CONTRACTOR assumes full responsibility far verifying the identity and employment authorization of all of 'its employees performing work hereunder in compliance with the federal Inunigration 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 binding 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 sucli counterparts shall constitute one and the same Agreement. 31. Govenuna Law. Agreement shall be construed and enforced pursuant to the laws of the State of California. Any suits brought under Ab cement 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 ro the extent that it is applcavle 33. Disadvantaged Business Entemrise and Equal Emplo +rnent Opportunity, and Other Federal Requirements. CONTRACTOR, acknowledges that it will affuinatively 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 discrin-unated against on ,grounds of race, color, gender, or national orSgin in consideration .of award. CONTRACTOR .agrees to comply with all FEDERAL REQUIREMENTS 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 faave 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 & Transporta[ion\Agreements - RFP's\MV Transportation\MV Contract 2007-2010\07-10 Coritract\2007-2009 MV PSA_l_l0.doc Page 6 f IV,~, During the term of Agreement, CONTRACTOR also agrees as follows: (1} Not discriminate against any employee or applicant 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, shat. all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin. (5) Send to each Iabor 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 past copies of the notice in conspicuous places available tb employees and applicants for employment. (t5} Comply with Executive Order 11245, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) Furnish to C1TY all information required by Executive Order 11246, 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 12 months preceding the date of Agreement. (8) Permit access to its boolts, records, and accounts by the C1TY, or the oflce of Federal Agreement CompIianee Programs (OFCCP} for the purpose of investigation to ascertain CONTRACTOR'S compliance with the applicable rules, regulations, and orders. (9) )f the OFCCP determines the CONTRACTOR is not is compliance with this clause, or any rule, :regulation, or order. of the Secretary of Labor; Ab Bement 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 amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise by Law. (10) Include the terms and conditions of subparagraph (I} through (11) of this clause in every subcontract or purchase .order that is .not exempted by 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 subcontractor or vendor. S:\Transit & Transportation\Agreements - RFP's\MV Tzansportation\NTV Contract 2007-20.10\07-10 Coritract\2007-2009 MV PSA_1_10.doe ,Page 7 ~~ s (11) 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, Itigation with a subcontractor or vendor ns a result of any direction, CONTRACTOR may request the United .Sates to enter into the litigation to pro[ect the interest of the United State. 34. Termination. A. Termination 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 CITX. Should Agreement be terminated for convenience, CONTRACTOR shall be paid for all authorized services provided, including reasonable charges for demobilization. However, CONTRACTOR shall not be paid any anticipated profit or fees for services not provided. 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 temlinated 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 on CITY-provided equipment due to CONTRACTOR's negligence. e. Failure by CON'T'RACTOR to provide qualified personnel, training, supplies, or equipment required in Agreement. f. Failure. by CONTRACTOR to make the corrections specified by CITY at [he times specified. g. Failure by CONTRACTOR to submit the required reports in a truthful, accurate maser. 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 CTTY. S:\Transit & Transportation~A~ cements - RFP's~MV TransportationlMV Contract 200?-2010107-10 Contract~2007-2009 MV PSA_1_l0.dac Page 8 `D i_ CONTRACTOR's use of CITY-provided equipment or facilities for purposes other than those authorized by CITY. j. Failure by CONTRACTOR to pay wages or provide benefits to its employees at the rates and conditions specif ed~ 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 Mutual 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 (30) 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 bylaw, CITY may provide such services, and deduct the cast of doing so from the :amounts due, or to become due to CONTRACTOR. The costs to be deducted shall be the actual costs to CTI`Y 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 of Agreement, shall not be deemed to be a waiver of any other teem 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 or services by CONTRACTOR shall not be deemed to be a wavier of any term or condition of. Agreement. 36. 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. Tlii_s A`greemeut and aI1 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 fiereto_ The Agreement may only be modified by a written instrument signed by both parties hereto. S_1Transit & Transportation\Agreements - RFP's\MV Transportation\MV Contract 2007-2010\07-IO Contract\2007-2009 MV PSA_1_l0.doe Page 4 `~ TN WITNESS WHEREOF, the parties hereto have executed Agreement the day and year herein above written CFTY OFPET'AI..UMA, a municipal corporation ~~ t,~l ~ ~ ~ ~` By: ,~~ ~~ ta-. City Manager ATTEST: City Clerk v ~~ O ~ O ~- APPROrrVED O FORM: L~ City Attorney APFROVED~ ~, ~~~ /~~~ Department Director APPROVED: f31~o7 'sk Manager ~ ~ S:\Transit & TransportationlAgreements - RFP's1IVIV Transportation~MV Contract 2007-2010107-10 ContractC2007-2009 MV PSA_1_l0.doc Page ID 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. ft is the .contractor's responsibility to comply 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 City of Petaluma provides fixed-route and demand-response service within the City of Petalurna. Contractorshall 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 shag .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 fo .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. f n the evertit .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-rightto 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. ~I 2.1.3 Service Hours Fixed-route service operates: Monday -Friday: Saturday: Contractor will be expected plus additional time prior to covered by qualified drivers. safe discretion. 2.1.4 Holiday Schedule 6:35 a.m. - 6:05 p.m. 9:57 a.m. - 4:33 p.m. to provide dispatch service during all hours Listed above, and subsequent of revenue service to assure all runs are 1=xact hours of operation are subject to change at the Cfty's 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 will 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 until the time of its 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. 5:\Translt & TransportatlonlAgreements - RFP's1MV Transportat3onlMV Conlracl 2007-2010107-10 Contract\Scape of 5ervice_Flxcd Route_1_10.doc2 2.1.7 Fares The Following table outlines the current fare policy for the Petaluma Transit system. ~- • Fuce_o=Ro[i~l_?kr___•;_..~_,•=:_~_==~. General - __ Teti- +_7..'.,:'~'C; ice' ~_l _f !` -=F ~_ _ =~:`_ ~'=~~=..,•~:~;`si^„~;F .=~_:~~,~: ! , Seniors (65 & older)1 Disabled $OSO ' '~ _'i ''~~ ~ ~':~ G ;~ 2 G~itdren under 5 (w/fare- dying adult) Free _ s`ue' 1~~~~'° ,La-~i :~:- -~_~~'_.:,: - _;:,,ri_ -`:--~:-a..:__~i3_ _ ;tly:ir_~:.z:;~~~:T~`~_~ + ~-== IO-Ride ass $10 00 :.:~ -- ~++ u`ti=?~it'1:~:: ~; ~~r+~ -;~:~_ :`~ 10-Ride pass (senior and disabled} . $5 00 ! "-~ `i` =`~i`-~' ~~' ` ~i ~= ~~ ' -~- . • '- ' - = ° - ~= T Monthl Pnss unlimited rides _ _ ,.r _,_~-t!r!r~ri'E `t4.cic'S=c L.L _.-.~ ^: :~ s~~~:, ' i=R ,~_ ':i ~ i": ~ S[utient Monthl Pass Y $25 00 • ; ., •, ~ ~'>asi - _ ~`+~~~'• ~ ='--- - ~!_` :^ :fir : ' ' •a ~•~''=F;='~ SeniorMonthly Pass . $ ; , -. r- _ ~~ ' ~` :: : ; _ ~ ,_.....;. . : ,,. ~ ` -,:~~.,r~;~~-•: r•~e•i General $2.OD '' 1_~ i` "j• -i ~;= =1~~~ii" ~ r ~ ` { ~ i . , _ .: ~ ~ : ~'~'},a ?rl[ri~ia r!!r~ I,iT°~-;h""_~~f ~~ p~` ]2-Ride ass P. $2~.U0 + 2.2 Drivers 2.2.1 Qualifications/Standards The Contractor shall conduct a criminal background check either DUJ 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 seniices: All operators must be employees (full or part time) of the Contractor- The Contractor may not sub-contract with indivldua{s to execute trip assignments. o Continuous passession of a valid drfver's license, a Ca{ifornia DMV .Transit Certificate, GPPV 'for 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'last seven years. a Command of the English language. o Sensitivity to customer needs. Ability to resolve complaints and problems as required. D No felony conviction history. o Must comply with Federal Drug and Alcohol Testing. regulations (see Appendix B) S:\Translt 8 Transpariation\Agreemenls - RFP's\MV TransporiatlonlMV Contract 2007-2010107-10 ContracllScope of Servfce_Ffxed Route_1_10:doc3 ~~ 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 training courses at contract start upt 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 experi_eneed .drivers .are .trained to an equivalent level as the newtrainee-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 (80) 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, enter unsupervised revenue service. Within this required training .,period, Contractor shall instruct drivers in at feast (8) eight hours of disabilrty 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 for this training. Contractor steal[ be required eery year to ensure al( operating .personnel associated with this contract .receive at least the required sixteen (16) hours of special Department of Motor Vehicles training and eight (8} hours of recurrent"transit certificate" traihing. 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: fo 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 acid 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 for 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:11'ransit 8 TransportallontAgPeements - RFP's1MV TransporiatlonWlV Contract 2007-2010\07.10 Conhact\Scape of setvlce_Fixed Rouie '1 10.doc4 aN AN training programs shall be subject to City approval within a reasonable timeframe. 2.2.3 Employee'Wor•k 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 ID tags subject to City approval. b. GratuitieslFares: 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 recerit fare structure adopted by City.. c. Knowledge of Services/Fare Structure: i. Drivers shall have a thorough knowledge of the service and fare structure prior to driving farthaf service unsupervised. 2. Drivers steal! also have a basic knowledge, of transfer locations with connecting systems, and knowledge of connecting systems: d. General Rules: '1. No employee will be permitted to smoke, eat, drink, or~employ any device that plays music or amplifies sound aboard buses at any time. 2. Boisterous language, profanity, or incivility to anyone shah 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. A!1 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. S:1Transit & Transporlal}onlAgreemerits - RFP's1MV TransportatlonlMV Contraer2007-20i01t17-16Contraatlscope of Service_Flxed Route_i _7 o.docJr a 7. Employees" must conduct themselves and operate vehicles in a safe and courteous manner at all times. 8. Doors on unattended vehicles shall be kept locked at a{I 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 an-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 f=RDM TO TRAINING RATE RATE PER HOUR Startin 0 Months 6 Months $1.0:00 $12.00 6 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 $1:3.50 4 Years 4 Years 5 Years $13.75 5 Years 5 Years 6 Years $14.00 6 Years 6 Years 7 Years $14.50 7 Years 7 Years 8 Years ~ $y 5.00 8 Years 8 Years 9 Years $15:25 9 Years 9 Years 10 Years $15.75 10 Years 10 Years 11 Years $1.6.00 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 approvaf_ Such dress code will feature, at a minimum, both shirt/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 perforrriing 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 miiifary style oxford. Low- cut and high-#op tennis shoes are not permissible. Suede shoes, sandals, cleated, or open-toe shoes will not be permitted. $:1Transil ~ TransportationlAgreements - RFP's1MV TransporlallanlMV Contract 2007-2010107-10 Contrac115cope of 5ervlce_Fixed Route 1 10.doc6 ~b Consideration for safety must be applied to all~dress code elements. b. Appearance Standards At alt times while on dtaty; drivers shall. be well groomed, clean and in complete uniform. Drivers shall confiorm to the following standards of appearance at all times while on duty or when in uniform. Ali drivers must be neat in appearance, uniform clean and pressed, shoes shined, hair clean and neatly cared for. 2.2.6 Removal The Ciry may require the Contractor to immediately, pending investigation, remove any driver from City of i?etalurna Transit service for any one of, .but no# necessari{y limited to, the following: m Committing unsafe or inappropriate acts while providing service. ® Revocation, suspension, ornon-renewal of a valid California driver's m License ar Conviction of any felony criminal offense. . o Unacceptable customer service as reporfed;by.customers, other drivers, or directly observed by City staff or agents thereof. • Operators not in the approved uniform. 2.3 Personnel The Contractor shall furnish all. operators, porters/btis 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 i .0 FTE Project Manager, a 1.0 FTE Mechanic and a 0.5 ~E 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. Ali 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;\Transit & TransporlationlAgreements - RFP's1MV TransportationlNlV Contract 2007-2010147-10 conlracllSeope of servlce_Ftxed Roule_1 _~t O.doc7 2.3.2 Supervision Contractor shall employ a full tune General Manager who is responsible for all day to day operational; maintenance and safety duties. GM shall supply the City with a weekly schedule that varies in time and day fo insure proper supervision is give over the course of the service day. GM shall meet with 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 '-nsure ail terms and conditions of this contract are upheld and to 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 will provide adequate dispatch. and radio monitoring ,,personnel to enable effective driver/vehicle .assignments and prompt responses fo 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) of on road supervision. The road supervisor shall submit road observations reports to Transit Manager on a monthly basis. City shat) have the right to direct the .road supervisor to assist with special projects in conjunction with :his /her 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 (on-board) to ensure .operator adherence to procedures (i.e., fare collection, ADA compliance, and passenger .relations). Such supervision will, also include responses to investigation of accidents. The City also reserves the right to provide similar investigations antl 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 focany equipment,provided by the City, as well as for recocdsof City of Petaluma Transit operations. 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 the City of Petaluma Transit service. Safety, and organizational meetings shall be held with all employees at least 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. 5:\Transil ~ TranspodationlAgreements - RFP's1fNV TransportatlonWlV Contract 2007-2D101D7-10 Contracllscope of 5ervlce_Fixed Route_i_10.doc8 R ~` 2:3:5 Injury and lllness'Prevention Plan Contractor shall maintain and provide a copy of the firm's Injury and Illness Prevention Plan in compliance with Ttle 8 of the California Code of Regulation, Sec. 3203. 2.4 Cify-Furnished Vehicles The Contractor shall be initially provided with nine (9) fixed-route vehicles. Ali City of Petaluma Transit vehicles are equipped with-air ,conditioning and wfieelchair/patron lifts. An adequate number of vehicles wil! be made available to the Contractor to assure at least a twenty percent spare ratio. Contractor may utilize City-owned vehicles for driver training. See Appendix C for January 2006 Fleet Roster. The City shall pay for all repairs unless the repairs arise/result 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 or substitute vehicles for those described in Appendix C as long as they meet or exceed the current fleet condition. The City will not provide Contractor with any non-revenue vehicles #o conduct daily non- revenue service (asks. Contractor shalt be responsible for providing any non-revenue vehicles that may be desired for running of errands, field review of operations, or shut#ling of drivers, etc. 2.4.1 Transition of Vehicles City, and its agents will jointly inspect each vehicle with Contractor and sign off on the original inspection sheet from. when. the Contractor originally inspected and accepted the vehicles. After the City has accepted the vehicles, an inspection acceptance form will be generated at that time. It is the sole responsibfiiry•of the Contt'acior,- at its expense, to ensure aA ':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 wilt provide all 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 goods and services would be provided by the City. 5:1Transil 8TransporlatlonlAgreements - RFP's1MV TransportatlonUvlV Contract 20D7-2010107-10 ConlractlScope of 5ervloe_Fixed Rnute 1 1 Qdoc9 - - O~~ 2.6 Facilities The Cantractars may occupy and perform services as required by this contract from the City`s Public 'Works facility locafed at 555 North McDowell Blvd. Contractor(s) shall share this work place with City staff assigned to the Public Works facility. Ta further this requirement, Contractor shall enter intq a lease with the City at least thirty days before the term. of this contract begins. The {ease 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 contra~t_ 2.7.1 Fare CoNeetion The Contractor shall collect the fares and charges that maybe established by the City. Contractor shall be responsible for all fare collection: and reconciliation activities, safeguarding and depositing all fare revenues in a dedieafed 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: • Fares collected. (which shall be reported monthly.(by day), then deposited into the City of'Petalurrta` bank account. Fare: boxes (vault-style) shall be prouided by the City and maintained by the Contractor. The City utilizes bottom-loading, non-electronic fareboxes. The City reserves the right to approve any fare collection/security system implemented 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 effective January 1; 2007, each month it will. purchase twenty-one (2T) bus passes from the City at the current adult 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 shall 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 Farebox Revenue S1Transit & TranspartalionlNgreements - RFP's1MV TransportatlontMV Contract 2007-2016107-10 ConlracllScope of SerDlce_F)xed Route_i_10.doa1 Tao satisfy the Transportation Development Act requirement That fifteen per cent (15%} of the monthly operating cast is obtained .from: fare[iax ~reventes ft?r fixed route. Any shortfall in -the fifteen' per cent (15%) required for fixed route transit service sFfall be paid by. Contractor. at year's end. 2.7.4 Telephone lnformation Service Contractor shall provide customer information service to the public in English and Spanish during. all hours of system operation. In addition, Contractor shall also install and maintain a TDD system far :the hearing impaired for 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 lutes dedicated to the City of Petaluma Transit operation. ti ensure effective communicafioris. 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 shah be the responsibility of the Contractor. All telephone lines and their respective numbers are the property of the City. 2.8 Equipment Condition Vehicles placed in service by'Contractor-must, without exception; Be cleaned daily .inside. and outside. • Vehicle. floors will be swept ..and mopped daily. a Driver area wiq be wiped down. This shall include, but not be limited to, dash controls, dashboard, above the driver area, and :along. the front dashboard. Have;fu{{y operational heating and air conditioning, wheelchair lifts, securement belts, flip seats, radios, fareboxes, and destination. signs. a .Be free of body damage, have no missing or unpainted'panels. D ge tree ,of, graffiti. on the exterior and the interior. Ha"ve ~ali. safety fterims fully operational (i.e_, lights, braises, horn, tires, wheelchair tie;dgwns, seat'belts, etc.} • No vehicle hall be cannibalized for parts for any reason without prior written consent of the City. 2.9 Dafa y 2.9.1 Daily Statistics The following information will be provided to the City on a daily basis: o Summary of driving and industrial accidents and incidents for previous day. • Wheelchair hoardings attempted/successfu{ for the previous day. SaTranslt 8 Transportal[onlAgreements - f~FP's1MV TransporiailonltvlV Conlrect Z1t07-201011)7-i0 ConlracllScope of Servfce;Ffxed Route_i_10.dac1 ~ 3~ ':Number ofi tatelmissed trips far previous day and the cause. • .Number ofi overloads experienced for the previous day. Wr'~ten accident reports will be required to be submitted to the City within 24 hours of i:he .incident. 2:9.2 1Neekly Reports The daily statistics shall be aggregated to a weedy 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 wee{c{y report.. 2.9:3 Monthly Reports The following performance indicators must be reported mgnth'ly: ® Miles between Yoadcalls Miles between maintenance roadcalls ® Number and percentage of missed late pu[I-outs o Number and percentage of missed/late trips m Number and percentage of on-time performance ® Number of complaints/1,000 passengers Total accidents/10O,O~o miles Collision accidents/1:00,000 ,miles o Total preventable: accidents/100;OQt) miles m Passenger accidents per 100,000 miles • Pass sales .activity at dispatch office • ~ Wheelchair hoardings • Drug and Alcohol tests ® Driver/Dispatcher Training ,4ctivities o Driver Evaluations ® Requests forservices nat currently provided ® Ridership counts by day; mode, route, and fare type 2.9`:4: Gustomer Complaints Contractor will contact by telephone, or follow up with written correspondence. if necessary to the complaint. 1f an investigation is required, Contractor will conduct an investigation and the initiator will be contaefed 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 all complaint information within twenty-four (24} hours of recelpt at complaint. 2.9.b NTD Reporting Ait public transit service provided #or City must be reported annually to the .Federal Transit Administrafiorr (FT'A} in a completed Nations[ Transit Database (NTD) report. As 5`1Transl[ ~ Transpor4alionVlgreements - RFP's1MV TransportalfanlMV Contract 2007-201007-10 Con(ractl5cope of service_Flxed Rou{e_1_1 p_docj 2 3~- part of the :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 Fi"A Circular C 27t'Q.1A (dated July 18, 1988). The Cantractorshall submif the daily random- sample trip sheets no later than the tenth (10~').calendar day for the previous month's sampled trips. The Contraefor'shall prepare a quarterly report of the random trips to be submitted, no later than thirty {3D) days after the end of each quarter and prepare an annual summary to be submitted no later than thirty (30) days after°tha end of the fiscal year_ Contractor shall be responsible for ensuring that all .reported IVTD data meets FrA requirements and definitions. Contractor shall be responsible for maintaining the most recent NTD data collection procedures. The monthly, quarterly and annual reports steal! be considered missed if not submitted to ,City by the tenth (1`Oth) 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. Cont~actot shall conduct any mandatory sampling that NTD may require.of City of Petaluma at anytime 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 wit! be strictly adhered to in order. to provide the highest level of service possible. The City reserves the right to monitor the Contractor in its performance of the Contract to ensure ail performance specificatfons are adhered to. To receive full compensation; the Contractor is required to meet pr exceed the following standardsof performance on a monthly basis: 2.9.7.1. Operating_Performance Standards - Vehicles shall 6e operated with due regard for the safety, comfort, and convenience of passengers and the genera[ 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 Con#ractor 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 pecific time points. during- the: day to 'be establislied 'in conjunctions with City; however, Contractor' shall note be held; responsible for the failure to provide on-time service due to weather, unavoidable vehicle malfunctions, or naturally oceutring disasters, if sufficient documentation is provided to City. Contractor shall not be more than five (5) minuets early far the morning pull-out. 2.9.7.2 Personnel Performance Standards -Regularly .assigned drivers and one (1) trained extra board (EB) back-up must be available at ail 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'reiief driving:at any time. S:17ransit 8; TransportatlonlAgreements - AFP's1MV TransporiationtMV Contract 2 0 07-2 0 1 0147-tO,Gontrdctl5cope of service_Flxed Roule_1_i 0:doc 13 33. 2.9.7.2.1 Ail 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 complaints and/or operational problems to the ContractoPs Project 1Vianager who wilt be responsible to inform the City. Alf 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 must;Iceep vehicles clean both exterior and interior on a daily basis. A cleaning schedule must be provided o City once a month with operations reports 2.9.8 Liquidated Damages /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 (atter'than the time of payment of current invoice due to incidents not know or reasonaply could knot have been known to Contractor or City and reported to or discovered by tfe City or Contractor at a latter date. o One hundred dollars ($100.00) for each tune the following default occurs: Failure of any non-trainee driver to wear an approved uniform while on duty. All drivers who have completed their introductory training must be in uniform whenever they are on duty. 4 Fifty dollars ($50.00) .per trip for each failure of a driver to 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'liquidated damages. Failure of the City to assert any right which it has under any resultant contract; or to 'assess. any liquidated damages as provided, steal! not act as a waiver as to the City's right. to enforce the provisions. of said. Contract, or .assess liquidated damages in the future. The 'assessment of liquidated damages and/or deductions as provided under any resultant Contract shat[ io 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 Proposals. m Fifty dollars ($50.00) per each missed trip that was in control of the Contractor. . ® The maximum liquidated damage in any month shalt not exceed one thousands dollars ($1000.00) ® Contractor may earn up to $500.00 per quarter for increased ridership of more than 1 Q% over for the past 2 quarters average. 5:1Transft 8 TransportatfonlAg~eements - RFP'sUAVTransporiation\MV ConErect 2007-2D1D\D7-10 ContracllScape of Service_Fixed Route 1 ~ D.doc 14 39 X2.10 Marketing and Public Relations The City shall be responsible for all marketing. and public relations activities relating. t the City of Petaluma Transit program or service.. The City shall furnish all 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 .steal( 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 distrbute any unauthorized printed or written materials without;written permission from the City. 2:10.1 Advertising on Exterior and lntecior of `Buses The City rnay, during the course of tf~is Contract, require the Contractor to allow vendors contracted. by the City .access to vehicles assigned to this con. tract to install and remove advertising material. All adverfising .materials will meet uniform size requirements, and are subject to City approval -prior to being installed. 2.1 Q:2 5ignage Contractor shaA display required head signage, in .plain view, in all City of ..Petaluma Transit vehicles, white in revenue service. 2.1i 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 shalt' be obligated. to compensate Contractor for emergency service-that significantly exceeds the normal exper}se of operating the transit service during such period of decEared emergency. '2.12, FEDERP;L;, STATE I.AW COST INCREASE In the event of any change in Federal; State, or !.Deal law, rule or ordinance vvhicfi has the effect of increasing or,tlecreasing C~NTRACTOR's operating. costs;, including but not imited_ to an increase in the minimum wage or healthcare and overall benefits cost, CONTRACTOR 'and: CITY shall meet to discuss the impact of these costs ar~d may, subject to the approval of CITY and CONTRACTOR, negotiate adjus#ments 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 30 days written .notice. The CITY acknowledges that CONTRACTOR'S termination due to inability to recover additional costs imposed is reasonable. 5:\Trensil`& Transportat(onlAgreements - RFP's1MV Transport~tlorilMV Contract 2007-2010\D7-10 ContracllScope of 5erv(oe_Flxed Aaute_1_10.doc-I 5 ATTACH Mf NTS Attachment, 1. Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 APPENDICIES Agreement -Including Federal Requirements (Exhibit A} Certification of Primary Participant Regarding Debarment, Suspension and Other Ineiigibiiity and Volunfary Exclusion Certification of Restrictions on Lobbying Buy America Certificate Bid Protest'Procedtlres Current Contract City of Petaluma Transit Operations Reports Incumbent Contractor Wage and Benefits Levels RFP Dated: tVlarch 8, 20D6 Contractors. Response to RFP Dated April 20, 20D6 Appendix A NTD Reporting Requirements Appendix l3 Drug & Alcohol Testing Program Appendix C City of Petaluma Transit January 2006 Fleet Roster Appendix D City of 'Petaluma Transit service brochure Appendix E Cityot Petaluma Operations Cost Table S:\Translt & 1'ranspartatlonlAgreements - RFP's\MV TransportagonlMV Contract 207-2010107-10 Conlracll5cape of servlce_Fixed Route_1_to.docl6 3b APPENDIX B CITY OF PETALUMA FEDERAL DRUG AND ALCOHOL TESTING REGULATIONS CONTRACTOR COMPLIANCE GUIDELINES S:1Transit i~ TransportatlonlAgreements - RFP's\MV TrarisportatlonlMV Contract 2007-2010107-70 GonlracllScope of 5ervice_Ffxed Route_1_iQ.doc1 7 3~ - - ,. 360 Campus Lanr.Buite 2Q1 f'airfiefd, CnllCaroia ~~5H5 7ti7 a 863 a.993t1, Ext. 3I13~t - (facsirni[e) 7Q7"a 863:. D9~t4 j manso~tnm~~trttnsikcam ~~ ~BcIB85~4®6~~$AdFABy C®P~- 5eptamher 24, 2006 Mr. Richard Davis Translf Manager City of Petaluma 1't English Street Fetaiuma, Calitomia 94952-2610 Dear Mr. Davis: This letter serves as a recommendat€on of MV Transportation, Inc: fo modify is 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 w[ih the City: 1. Ghanging the reimbursement methodology. The proposai Is based on a rate p_er revenue vehicle hour. 11Ve recommend changing the contract to a fixed and variable reimbursement. This will allow the City to eas{ly modify the levels of service provided while ensuring that MV recovers Its fixed cost If service declEnes and itie Glty does not pay far dupllcetiVe fixed cost t~ service increases. This change does noC:lmpact the cost 2. lnereasing:driverpay rates and the r~te'per revenue hour In years.2 and 3 of the contract to allow MV'to continue inbreasfng the rate,a€'pay to empioyees, There is a modesC'cost- imPact.oE thls.recommendailon. 'The:_details and proposed new wage scaleare contained En.the attached documents. This wilt €ncrease the cost by $49,123 for he conrcact period:- 3. Adding a contract requirement,For MV to annualiy cart€fy to the City the;rates;paid to each employee are consistenk'wifh the requirements of our proposal.. ~. Changing ,lfie date of [he new contract period to be from January 1, 2tJO7 through []ecemtier 31,, 2009. SEncereiy; Jon Ivtonson Chiet F~cecutive Qtficer 3~ Petaluma - 24:c P,ropased 'PYage Scale (Revised 9-24-0 SENIORITY YEAR 1 YEAR 2 YEAR 3 ._... Training Rate- $0.00 $1.0':00 $10:00 In-Service Start $2A0 '$12.60 $13.20 8 Months $12.50 $1x.117 $13.70 1 Year $12.75 .$'13.35 $13.95 2 Years $1:3.00 $13.hD $14.20 3 Years $13.50 $14.10 $1.4.7t} 4'Years $13:75 $14.36 $14.95: 5.Years $14'_Ol} $94.60 ~ $15.20 ti;Years $14.50 $15:10 $1'5.70, 71`ears $1.5.00 $15.tt7 $1'8.20 8'Years $15.25 $15.85 $1:6.45_. 9 Years $1:5.75 $is35 $;16.95' .. _. 10 Years $1.8:00 $'16.60 $17.20' Petaluma - 24: S#aff Wages YEAR 1 YEAR 2 YEAR 3 . General Manager $ 29.75 $ '23.OD $ 24.25 Olspat~hersj $ 13:52 $ _ 14.15 $ 14.85 Raad' Sup~(Part time} $ 13.52 $ 14.15 $ 14.85 Shd,p'Fareman $ 23.35 $ 25:00 $ 26.00 tJGf{ty r _ $' 10;a10 $ 10:50. ~ $ 11.00 r2Rects sveraga syage'lorJhls pQS(ilQn: Year 1 =1/1/D7 to 12/31107 Yearn =1/1108 to 12/31/08 Year 3 =111109 to 12/31/09 3~ '.Petaluma - 24: Average Driver Wage ~ixFn anttrF.a-~-eF ~E=['a-t Gafegory. '111:_107 to 12/31107 Fixed Variable brlv.er Wages $242;990 $242,99D StaFC Wa es $94,453 $94.453 Mechanic Wa es $44,738 $44,738 Fria es $80,518 $19,914 $6D,664 Insurance $26,942 $26,942 O eratln Ex ensas $2D,772 $20,772. Training 8, Safe $2,9x2 $2,902 Faclht Ctt Provide Maintenance $3,226 $3,226 Ca Itat de reclal{on $1,585 $1,;565 Interest $5;220 $5;220 General ~ Administrative $38,216 $11,465 $26,751 Profit $17,371 $5;21:1 $12,160 ANNUAL TOTAL $578,993 $16'1-,522 , $417,471 Annual Units Montt~slRev'Hrs 12 15,5D0 Rate Per Unit $ 13,46x $, 26.93 Cate o 111108 to 1'2131'!08 Fixed Variable Driver Wa es $253,925 $253,925 StaFt Wa es $99,411 $99,411 Mechanic Wa es $48,003 $48,003 Fran es $84;617 $2D;960 $63,657 1 nsucance $28;1302 $28,81}2 O eratln Ex erases $21;fi06 $21;606 Trainln , & Safet _ _ $3,018 $3,Dt8 ~Faclli Client Provided _...: _ Maintenance $3;355 $3,355 Ca Ital< de recfallon $1,D68 $1,068 Interest ~5;t?83 $5;083 General B, AdminisErative u38,913 $11,674 .$27,239 Profit $1.7,688 $5,306 $12,382 ANNUAL.TOTAL $605,489 $168,126 $437,363 Annual Units MonihslRev Hrs 12 15,500 Rata Per Untt $ 14,011 $ 28.22 ~v CaEega 1/'l/tl9 fo 12/31/49 Fixed Vartable Cl,river'Wa es ~ $265,H59 $265,859 ,._ _ StafrWages $105,651 $iD5,651 tviechanlcfllla es $60,187 $5D,187 t=r{n es $88,909 $22.275 '$66';634 Insurance ~ $3D,19D ~ $30,190 D eratin Ex eases $22,468 ~ $22;468 Trainin & Safe $3,135 $3;195 Facfli Client Provided Ma(ntenance $3,489 $3,4H9 Ga {tal de raelation ' $1;1118 $1';D18' {riterast ~ $4,968 $4.998 Ganerai & Admfri{straEive $39,662 $11,899' $27,763 Pratit $18,D28 $6,4D8_' $12;620 ANNUAL TOTAL $633,594 $176,852 $45E,742 Annual Units (ManthslRev Ftrs 12 15,6t70 Rate Per Unit $ 14;738 ;$ 29.47 ~i EX~~BIT D PAYII~NT SCHEIDULE City of Petaluma fixed 8oute 1Yansit Service MV Transportation, Inc: Contract Period 1-1-2047 to 1Z-31-2007 1-1-2008 to.I2-31-2008 1-1 2009 tQ 12-3I 2009 Monthly Fixed T'ee $13,460:bQ $14,011.00 $14,738:00 Service Haur Rate X26.93 $28.22 $29.47 Not Ta Exceed $578,993.00 $645,489:00 $633,594.40 H l~ ~!Z ~ ~ ~ ~T ~ F ~'l~ t~ ~ ®F l t ~d S. 4J R/~.1 V •C ~ tSSUE.DATE ,w 01!3012007 ,PRODUCER This certificate isissued as a'matler of jnformatian only and confers no rights upon the Certificate Holder- This Certificate does noLamend, extend or alter the McGnfi; Seibels 8 Williams of Ore on 9 i 200 U Fi S i 0 A ` coverage. afforded by the policies below. u venue, te V tst S 6 0 Portland, OR97201 COMPANEES AFFORDING COVERAGE P-hone:, (503} 943-6621 Company ACE'American Insurance Ca. A INSURED Company Lexington Insurance Company MV Transportation, Inc. l3 '2024 College Street Elk Horn, IA 51531 Co Cany Nalional'Union Fire Ins. Co: Company D ' Company E This' i§ to;ceilify thaLthe policjes of„insurance descr6ed,herein have been issued io the Insured;named herein for the policy period 'sndicaled. Notwithstanding any•requtrement, term,orcor{ditjon of,conUact or olherdocuinent with respect to:which this certifcate,may-be.issued or may pertain, the insurance afforded by the policiPS described herein is subject`to all the IeCms; conditions and exclusions of such policies. Limil$shown may have been teduced by paid claims. CO TYPE OF"INSURANCE POLICY'NUMBER EFFECTIVE' LIMITS OF LIABILITY CT EXPIRATION A GENERAL LIABILITY HDOG23723773 p2J0112007 'EACH OCCURRENCE $ 5,000,D00 m commercial GenemfLiebuity 02/01/2008 `FIRE DAMAGE. $ 100.OOD (~ eialms made m occurrence ' MEDfCAL,EXPENSE $ 5,OD0 Protection ^ Owners' and Canlmctors PERS.ANDADV,ERTISING INJURY 5,DDO,OOD $ ^. GENERAL AGGREGATE $ 5;000,0(30 General Aggregate. Limit applies per: PRODUCTS AND. COMP. OPER. AGG. S 5;000,000 i i~~Pofityy ^ Pra!ect I]Locatlon '. A, AUTOMOBILE LIABILITY ' X5AHD6227524 02/01!2007 COMBINED 51NGLELIMIT ~ 3,ODD,604 ©nny'Autcmobae 021D1/2008 BODILY INJURY` Per erson ~ ^ All Owned Autamodiles - "` BODILY INJURY Pei accident Scheduled Automobiles bil o ] ei .PROPERTY DAMAGE Pecacdident $ mc es Rir 7 Aut [ Hon-owned Automobiles COAAPREHENSIVE. (~ Escess dt SIR ~ COLLISION ' A WORKER5' COMPENSATION WLRC44463787 02/0112D07 WC 5latuto ,'.Limit- :'k Other ANU EMPLOYERS' LIABILITY 02/01/2008 EL EACH ACCIDENT $ 1,D00,000 EL DISEASE Each em to ee $ 1,D00.D00 EL f)ISEASE RoliG Lirnit ~ 1;OOD,000' 8 .'EXCESS. LIABILITY. 6501901 02!01/2007 EACHQCCURRENCE $ ~0;OD0,000 ® dcwrience []Claims taade BE8767100 02lD1I2008 AGGREGATE. $ 10;D00,000 G' $ $ $ 5 Tha City af?Petalund, Itsdfficeis,¢oKcials,.aniplayecs and •:atunteers are:named ae Aildition3l Insur°d a tesp~cts the oper bon Hof the -0!amed Insured pith , -~ -~ - respecls~lo.General and.Auto Liability coJera"ge as required by written coniracL'subject to policy terms; conditions and exciuslons: City. of Petaluma is-.added as Loss Payee assresecls, Cify. Owned^Vehicles: CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION'DATETREREOF, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSENO OBLIGATION OR LIABILITY OF ANY KIND.UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative City of Petaluma D t i li i 8 S i t ;/~ _ ~ '~ ! ` erv epartmen t es ce A tn: Public Fac l + - , ~_~, ta,.~--`. 555 North Mcdowell Boulevard ' ~ Petaluma, CA 94954 ' ~ ''Paoe 7 or 2 ~ Certificate lDp 1XHC9GBR -.. 43 g ~9 (®~~/~/~~p'~@~~ ISSUE DATE /`'~D®~~9~lV~•L i~~~®f~.lYli"'~i ~®IV 01!30!2007 PRaDUCER CERTIFICATE+„HOLDER McGriff, Seibels 8 Williams of Oregon City of Petaluma " 1'800 5W Fitst Avenue, Suite 200 Attn: Publit Facitlities 8~ Service. Department Portland, OR 97201 555 North Mcdowell Boulevard Phone: (503) 943=6621 Petaluma, CA'94954 INS(1REp RQV Transportation, tnc. 2024 College Street EIk Hom, to 51531 .Auto Physical Damage Insurance Company: Ace American Insurance Company nolic}~ k: XSA:-[682?75?4 " Policy Period: ?fi/07 - ?/1/08 Limit: Actual Cash Value 1XHC9GBR W~{ U'L!'Z4/ZUUti 1ti:~tS t~A1~ 'LIZ"t'U'3.7147 AillVl Et1SUAL'1'Y ~uu'zlUtl POLICY f~UMBER two [=2172791 A COMMERCIAL GENERAL LIABILITY • CG201Q1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY • ~DDi`TICDIUAL ~:N'SU:F~E~ - ~1n/~1ERS, LESSEES OR ~Oi~T'RA~°f~RS - S~HEDIILED PEF~S~tV ~R E~R~~•'~ZATt`~~ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIi_iTY COVERAGE PART SCHEbULE Name of Person or Organization: "anyone where agreed to in a written cantract° (If no entry appears above; information required to complete this enda~sement'will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who ls. An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect io liability arising out of your ongoing operations perfarrned 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- jiry" pr `property. damage" occurring after: CG 20 l0 10 O1 (11 All work, including materials, parts or equipment furnished in connection with such work, on the project {other than service, maintenance or repairs) to be performed by or an behelf of the additional insured{s) at the site of the covered aperations has been completed; or i2I 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 fpF •a principal as a part of the same pro}acG•. ~1S0 Properties, Inc., 2044 Page 1 of 1 ~~ POLICY ;`!tlll/96ER: XSAH0822061A ENDT. #19 COMMERCIAL AUTO CA 20 48.02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUS}NESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM • TRUCKERS COVERAGE CORM 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 organization(s) who 'are "insureds" under the Who Is An lnsured Provision of the Coverage Form. This endorsement does not altercoverage 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: 02/oi/2006 Named lnsured: MV Transportation, Inc. Countersigned By: SCHEDULE Mme of Person(s) oi• Organization(s}: sere required by written contract (lf no entry appears above, information required to complete this endorsement will be shown in the Qeclarations as applicable to the endorsement.) Each person or arganization 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 lnsured Provision contained in SECTION U of the :Coverage Form. y~~ CA 20 48 02 99 , Copyright, insurance Services Office, .Inc., 19JB Page 1 of 1 [~ rEZirOlztil..~NCE noNn I~I~IOW ALL 1VIEl`I Bl' THESE PRESENTS: MU TRAPISPORTATIOtd, IPIE. Bond No. 8863763 RREMIt1Ct: Se34.OD FTOEEITY AND DEPOSIT GDC'tPANY {hereinafter called the Principal); and '{1F r7ARYt_AtJD" , a Corporation of the Stare Df.t1ARYEANO (hereinafter ~ailedthe-Sitre ty), ai•e held and firmly bound unto CITY ,OF PETPLUMR (hereinafter called the Obligee), in-the foil and just sum of T1IENTY CIGHI THDDS0.ND NINE FiUN0RE0 r1fTY DOtiLARS (~2D,esD:Da} to the payment of whichsum, well and truly to be made, the said Principal and Surety bind themselves, and each-oftheir heirs, adiriinistrators, executors, and assigns, jointly and severally, firmly by these presents. ~VFIEiZ:GAS, the Principal`ftas by written agreement dated entered into a contract with the OwnerfoF FIXED ROUTE TRAN5IT SERVICES. for ¢ period of 3. year(s) which contractis hereby referred to and made ¢ part her~of~ WgGR~r~S, the Obligee has agreed to accept this bond guttran[ecing the perfortrtnnce ofsaid contract for a period of one ycat_ NOVV, THEl2EFORE,'I~IE CONBTI'tON OF THE ABO~ ~BI.IGriTION L5 8T3CA, that if the Prinripal shall well. and'truly perfornt each and every obligator in said contract aYthe [tine and in the manner spcci6ed during the term of this bond, and shall reimburse said Obligee till-loss and damage which said Obligee may sustain by reason of failure or defaulGoa tht: part of said Principal, then this obligation shall be void; ot}ierwise to retrain in'fiill force and effect. PROVD?~D, HOVVEVEI2, That this bond is subject to the following conditions: I. ~ This bond is for the term beginning tlz2/o7 2. In the event-of o default by the Principal in the performance of the contract during the term of this bond;ahe Surety shall be Liable only for the loss. to the:Obligze due. to actual excess cost of performance which aecurred during the effective period of the bond, flp to the maximum penalty of this bond- 3. Na claim, action, suitor proceeding, except as hereinafterset forEh, shall be had or maintairied against the Surety on this instrument unless same be hroughror instituted upon [hc Surety within one year from termination or expiration of the bond term. 4. Neither notuenewal 6y theSurcry, nor failure, nor inability of [he Principal to Cile a replacement bond,shal[ constitute loss io the Obligee rccoverab}e under-this bond. _. 5. The band may$e extended for additional terms at the option ofthe-Surety, by continuation certificate executed by the Surety. 6. No right of action shall accrue on this bond to or Cor the;,use of any pcron or carpocation other than the Owner named herein or the.hcirs, executors, administrator or successors oPOwrier_ .Sip cd and Sealed this JRNDARY 22, 2007 NV 7nRN5PDRTATI~DN,INC_ BY ~ U FIOEf_1TY AND DEPDSiT.CDt•7PRtJY DF MFRYLAN~ DAUt -WEISE, A[tomey.in-Fact (VJifiess) -6~ Power of Attorney FIDELITY A~1D DEPOSIT COMPANY OF MARYLAND IuIOW ALL MEN BY Tf-IESE PRESENTS: That the.FiDELITX AND DEPOSIT COMPANY OF MARYLAND, a corporation•of the State of Maryland, by M. P. HAMMOND, Vice,President, and'T'. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section Z, of the By-Laws of said Company, w '.set forth on the reverse side hereof and.are hereby certified to be in foil force and effect on the date hereof d_" s . ~ 'Hate, constitute and appoint David WEIS>;, of Raneha Cordova, California, its true;and 1 orn -' act, to make, execute, seal and deUver, for, and on its behalf as surety, and as its act: al takings, and the execution of such bands or ,undertakings. in pursuan o ~, s on said Company, as fully and amply, to aIl intents and purposes,, as if th xec ~ ged by the regularly elected officers of the Company at its office in B ~ heir ~~j~~r~~a~. This power of attorney revokes that issued on behalf of David VVF:IS~FxtP . ,.2~3 ~'}(~~~ S~~} `" 'The said Assistant Section 2, of the By- the extract set forth on the .revere side hereof is a true copy of Article VI, and is nowin force. IN WITNESS VJI~I2~OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and atTrxed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of June, A.D.2001. ATTEST: ~p DEPps~ ~ J ~. ~ro~4 ~ ti fQ p ~ a.... ; b 0 3lt98 4 K,a„ State of Maryland ~ ss: City of Baltimore S FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary M. P_ Hantrnond flice President On this 30th day of June, A:D. 200, before the subscn~ber, a Notary Public of khe State of Maryland, duly commissioned and qualified, came M. P. I-IAMMOND, Vice President; and T. E_ SMITH, Assistant Secretary of the FITIELITY 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'saith, that they are the said officers of the Company aforesaid, and that: tle'seal'dffixed to the. preceding instrument is the Corporate Seal of said Company, and that 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 axed my Official Seal the da,y. and year first;above' tvriiten: 0~~~6 R ~}O`"i . ~rr,~~' Dennrs R. Hayden Notary Public My Commission Expires: February 1, 2009 ,~c~~-r a7~-soszr_~ ~ b CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Sacramento On ~/22/0~ before me, ~iickii S. t~ioon Notary Public, personalty appeared ®avid 1N'eise ,personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s), whose name(sj is/are subscribed to the within. instrument and acknowledged to me that heJsheJtheyexeeuted''the same in his/her/their authorized; capacity (ies}, and that by Fiis/her/their signature(s) on i:fe instrument the. person(s), or the .entity upon behalf of which the person(s).. acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. s . ` ~ lVICl~CI S. MOON L. x~. s~~,~, P~OT~ttYPl. L[L'.oCAL~=OfiNIA.~ . a `'~i ~,y SACRA,~JiCNTO COU~1Ty a_ ~~ ~~ // ' ~ ` ~ ~/~ 1 ~. , ' Comm.Exp.'MkRCFi 27 20Q8 ~ ([~.~. U (f -' `'' ,-„-°:,~,_ rte, ~,.~r1-~rv~r-ti (Signature of Notary Public} '" l q,