HomeMy WebLinkAboutResolution 2018-055 N.C.S. 04/16/2018Resolution No. 2018-055 N.C.S.
of the City of Petaluma, California
AWARDING A CONTRACT TO MV TRANSPORTATION, INC. FOR THE
OPERATIONS AND MAINTENANCE OF TRANSIT SERVICES
WHEREAS, the City of Petaluma seeks to "Provide for a range of attractive and viable
transportation alternatives, such as bicycle, pedestrian, rail, and transit" as a guiding principal in
the 2025 City General Plan; and
WHEREAS, the City of Petaluma Department of Public Works & Utilities has identified
transit as a vital piece of achieving multimodal accessibility through Petaluma; and
WHEREAS, the City of Petaluma has provided fixed route transit service ("Petaluma
Transit") and paratransit service ("Petaluma Paratransit") service throughout the City for over
four decades; and
WHEREAS, the City of Petaluma contracts for operations and maintenance of its public
transportation services, and periodically conducts a competitive Request for Proposal (RFP)
process for these services; and
WHEREAS, in anticipation of the expiration of the current contracts for fixed -route and
paratransit services on June 30, 2018, an ad hoc Selection Committee was formed to assist City
staff in evaluating responses to the RFP and making a recommendation for contract award; and
WHEREAS, a RFP was issued on December 11, 2017 with initial responses due on
January 22, 2018; and
WHEREAS, three proposals were received and evaluated, and subsequently interviewed,
including First Transit Inc., RideRight LLC., and incumbent operator MV Transportation Inc.
(MV); and
WHEREAS, the Selection Committee found that MV provided the highest scoring
proposal based upon the criteria of ability to perform contract, experience and qualifications of
Resolution No. 2018-055 N.C.S. Page 1
proposal team, pricing, experience with integration of innovative technologies; and
WHEREAS, the Selection Committee and staff recommend the City Council award the
four-year contract, with three additional, one-year options, to MV, based on the Selection
Committee and staff review of their responsive proposal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
that the City Council awards a contract for the operation and maintenance of Petaluma Transit
and Petaluma Paratransit Services to MV Transportation, Inc. consistent with the responsive
proposal submitted by MV Transportation, Inc. and any agreed modifications thereto
(collectively, "Proposal") and authorizes and directs the City Manager to execute a professional
service agreement with MV Transportation, Inc., conditioned on MV Transportation, Inc. timely
executing the contract and submitting all required documents, including but not limited to,
certificates of insurance and endorsements, in accordance with the RFP.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App ovi d as to
Council of the City of Petaluma at a Regular meeting on the 16th day of April 2018, fq m:
by the following vote: `b
AYES: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, Miller
NOES: None
ABSENT:
ABSTAIN:
ATTEST:
King
Resolution No, 2018-055 N.C.S. Page 2
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
Petaluma Transit Operations & Maintenance
(Title of Project)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and MV Public Transportation, Inc.,
a
Contractor ("Consultant") (collectively, the "Parties")
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant
providing professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows;
1. Services. Consultant shall provide the services as described in and in accordance with the
following documents attached as Exhibit A and incorporated herein by reference
(collectively, the "Agreement"). Consultant shall provide the services as described in and in
accordance with the Agreement ("Services").
1. Exhibit A
Attachment I MV Public Transportation, Inc. Scope of Services
(vendor name)
Attachment 2 MV Public
Trapsportation, Inc. Cost Proposal
-�veRoori, Ira
2. Exhibit B
B-2 Contract Instivance Requirements
3. Exhibit C
Attachment 3 Request for Proposal
Attachment 4 MV Public Transportation, Inc. Proposal
Attachment 5 MV Public Transportation, Inc. Clarification to questions
Attachment 6 MV Public Transportation, Inc. Best and Final Offer Narrative
Attachment 7 MV Public Transportation, Inc. Wage Chart & Benefit Summary
Resolution No. 2018-055 N.C.S. Page 3
FY Fund # Cost Center-
Object Code I
Project #
Amount $
For multi-year contracts
or contracts with multiple accounts:
FY 19
Fund # 6500
Cost Center 65200-65300
Object Code 54111
Project #
Amount
$1,732,426
FY 20
Fund # 6500
Cost Center 65200-65300
Object Code 54111
Project #
Amount
$1,768,347
FY 21
Fund # 6500
Cost Center 65200-65300
Object Code 54111
Project #
Amount
$1,827,584
FY 22
Fund #6500
Cost Center 65200-65300
Object Code 54111
Project #
Amount
$1,884,265
FY 23
Fund # 6500
Cost Center 65200-65300
Object Code 54111
Project # '
Amount
$1,941,962
FY 24
Fund #6500
Cost Center 65200-65300
Object Code 54111
Project # `
Amount
$1,994,959
FY 25
Fund # 6500
Cost Center 65200-.65300
Object Code 54111
Project #
Amount $2,052,040
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and MV Public Transportation, Inc.,
a
Contractor ("Consultant") (collectively, the "Parties")
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant
providing professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows;
1. Services. Consultant shall provide the services as described in and in accordance with the
following documents attached as Exhibit A and incorporated herein by reference
(collectively, the "Agreement"). Consultant shall provide the services as described in and in
accordance with the Agreement ("Services").
1. Exhibit A
Attachment I MV Public Transportation, Inc. Scope of Services
(vendor name)
Attachment 2 MV Public
Trapsportation, Inc. Cost Proposal
-�veRoori, Ira
2. Exhibit B
B-2 Contract Instivance Requirements
3. Exhibit C
Attachment 3 Request for Proposal
Attachment 4 MV Public Transportation, Inc. Proposal
Attachment 5 MV Public Transportation, Inc. Clarification to questions
Attachment 6 MV Public Transportation, Inc. Best and Final Offer Narrative
Attachment 7 MV Public Transportation, Inc. Wage Chart & Benefit Summary
Resolution No. 2018-055 N.C.S. Page 3
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant under the following terms: Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed the compensation described in Exhibit A without
prior written authorization of the City Manager. Further, no compensation for a
section or work program component attached with a specific budget shall be
exceeded without prior written authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W-9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June30 2022 with options to extend through June 2025, unless sooner terminated in
accordance with Section 4. Upon termination, any and all of City's documents or
materials provided to Consultant and any and all of the documents or materials prepared
for City or relating to the performance of the Services, shall be delivered to the City as
soon as possible, but not later than fourteen (14) days after termination of the Agreement.
City in its sole discretion may, in the case of a termination for cause, allow Consultant
thirty days (30) in which to cure the defect. In such case, the notice of termination will
state the default requiring cure, the time period in which cure is permitted and other
appropriate conditions. After receipt of a notice of termination, except as otherwise
directed, Consultant shall stop work on the date of receipt of the notice of termination or
other date specified in the notice; place no further orders for Services, except as
necessary for completion of such portion of Services not termination; and settle all
outstanding liabilities and claims.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
Resolution No. 2018-055 N.C.S. Page 4
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment, not as officers, employees or agents of City.
This Agreement shall not be construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, famish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement except as provided in Exhibit A, Attachment 1. Consultant shall not operate,
lease or charter City -furnished equipment for any purpose other than performance of its
obligations pursuant to this Agreement, unless the City otherwise authorizes such use in
writing.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the tei7n of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
S. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9, Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
Resolution No. 2018-055 N.C.S. Page 5
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are subject
to the requirements, including the disclosure and reporting requirements, of the City's
Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants
subject to the City's Conflict of Interest Code include those whose work may involve;
malting government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, first class and workmanlike manner and conform to the
standards of Consultant's profession. All such instruments of service shall become the
sole and exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City. Any
such subcontractors shall be required to comply, to the full extent applicable, with the
terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
Resolution No. 2018-055 N.C.S. Page 6
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit C, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof,
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
Resolution No. 2018-055 N.C.S. Page 7
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
Consultant:
And:
Petaluma Transit
555 N. McDowell Blvd
Petaluma, CA 94954
Phone: 707-474-7784
Fax:
Email: jhallpci.petaluma.ca.us
MV Public Transportation, Inc.
2711 N. Haskell Avenue
Suite 1500, L132
Dallas, TX 75204
Phone: 972-391-4600
Fax:
Email: ted,navitskas@mvtransit.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all alleged
liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties and fines, expenses and costs
(including, without limitation, claims expenses, attorney's fees and costs and fees of
litigation) (collectively, "Liability") of every nature, whether actual, alleged or
threatened, arising out of or in connection with the Services or Consultant's failure to
comply with any of the terms of this Agreement, regardless of any fault or alleged fault
of the Indenmitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
Resolution No. 2018-055 N.C.S. Page 8
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The Consultant's responsibility of such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time
allowed by law. The defense and indemnification obligations of this Agreement are
undertaken to, and shall not in any way be limited by, the insurance obligations contained
in this Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B 2 attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., `B-1, " `B-2, " `B-3, " or "B-4. "]
City reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. City's failure to demand evidence of full
compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during
the performance of this Agreement.
25, Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26, Litization. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
Resolution No. 2018-055 N.C.S. Page 9
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to comlencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
33. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above-named officers,
Resolution No. 2018-055 N.C.S. Page 10
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
34. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
35. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT
By
Name
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
Resolution No. 2018-055 N.C.S.
Page 11
Exhibit A-1
FINAL SCOPE OF SERVICES
PROJECT DESCRIPTION
This scope of services outlines terms for providing operations and maintenance services for
the Petaluma Transit (PT) and Paratransit program. The term of this project will be for four
years beginning July 1, 2018 with three additional option years, to be considered and executed one
year at a time, if at all.
Any revisions to this Scope of services will be issued and distributed as Addenda.
CONTRACTING AGENCY
The City of Petaluma/Public Works & Utilities Department, Transit Division will administer the contract
associated with this scope of services.
DEFINITIONS
1. "City" refers to the City of Petaluma, a California Charter City and municipal corporation.
2. "Days" refers to working days of the City of Petaluma when used in context to working days of the Federal
Government when used in context with FTA.
3. "File" or "submit" refer to the date of receipt by the City and/or FTA.
4. "Exhaustion of administrative remedies at the grantee level" means any action or inaction on the part of
The City which is prejudicial to the position taken in a written protest filed with The City. It may include,
but is not limited to:
• A final Agency decision on the merits protest.
• A procurement action such as the award of a contract despite the pendency of a protest.
• Agency acquiescence in and active support of continued and substantial contract
performance despite the pendency of a protest.
5. "Local" as used herein, refers to the City of Petaluma, County of Sonoma, and the State of California.
When used in conjunction with the phrase "laws and regulations" it is construed to mean only those laws or
regulations associated with the provision of public mass transportation and the use of public funds. It is not
construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.
6. Deleted
7. "RFP' or "Request For Proposals" as used herein, also includes the term "offer" or "RFP" as used in the
context of negotiated procurements.
8. "Transit Manager" as used herein, refers to the Transit Division Manager of the City of Petaluma.
Resolution No. 2018-055 N.C.S. Page 12
9. "Violation of Federal law or regulation" is defined as the infringement of any valid requirement imposed
by Federal statute or regulation, which governs the letting of contracts pursuant to a grant agreement.
However, any protests involving a local matter and/or determinations that are clearly within the discretionary
powers of The City include, but are not necessarily limited to, determinations of responsiveness and
responsibility, the revision of specifications to incorporate the evaluation of life -cycle costing (LCC) factors
in connection with any given procurement and determinations regarding bonding requirements. In other
words, the protestor must be able to demonstrate or establish a clear violation of the prohibition against
unduly exclusionary and restrictive specifications, or a violation of the Buy America requirements.
10. "TAC" refers to the Transit Advisory Committee of the CITY of Petaluma.
11. "FTA" as used herein, refers to the United States Federal Transit Administration.
12. "Deadhead time/miles" as used herein, refers to the miles and hours that a vehicle travels when
out of revenue service. Deadhead includes vehicles leaving or returning to the garage or yard
facility, or when there is no expectation of carrying revenue passengers between revenue
timepoints, but does NOT include any costs for providing driver reliefs, shift changes, shuttling
vehicles to off-site fueling, driver sign-on/sign-off, etc. Deadhead does not include charter service,
school bus service, operator training, or maintenance training. The City DOES pay contractor for
approved fixed route vehicle deadhead time incurred. City approves the amount of deadhead
time paid each month (reported by CONTRACTOR) based upon the existing fixed route schedule
and runcut.
13. "Revenue Vehicles" refers to Petaluma Transit buses and paratransit vehicles used to operate
the service, and provided to CONTRACTOR by CITY. CITY owns all said vehicles.
14. "Fixed Route Revenue Service" refers to scheduled transit service transporting fare -paying
customers. Revenue Service for fixed route is the City published bus schedules, not including
deadhead, or providing driver reliefs, shift changes, etc. The City pays for the exact number of
hours contained in the published schedule, phis approved deadhead, with adjustments to billing
only upon City approval.
15. "Paratransit Revenue Service" for ADA paratransit begins with the first passenger pickup on a
bus and ends at the time the last passenger is dropped off, on a per vehicle billing basis. Revenue
service does not include lunches. Deadhead from yard to first pick up, from last drop off to yard,
and to and from lunch is reported by CONTRACTOR and paid by CITY.
16. "Contractor" refers to the entity being awarded this contract for providing any or all of the
products and services described herein.
17. "Headway(s)" refers to the frequency of fixed route bus operations on any given route. A bus
every 30 minutes is a 30 -minute headway.
18. "ADA Paratransit" refers to Americans with Disabilities Act complementary paratransit service
for those eligible individuals unable to utilize the fixed route transit service on some or all trips due
to certified disabilities.
Resolution No. 2018-055 N.C.S. Page 13
19, "Farebox Recovery" refers to the percentage of transit operating costs recovered from transit
users through the sale of passes and fares,
20. "Transit Operating Costs" refers to the total costs incurred in operation of the service including
administrative overhead.
21. "Timed -transfer System" & "Timed -pulse System" both refer to the style of fixed route transit
systems where routes depart and return to one or more central hubs to facilitate transferring of
passengers at set times throughout the service day.
22. "Tandem Bus" refers to an additional "shadow" bus added to the fixed route system and
operating on a published timetable to handle temporary capacity needs at certain times of day.
23, "Spare Ratio" refers to the total number of fixed route buses available versus the maximum
peak hour bus pullout requirements of the system. For example if 10 buses are needed during peak
operations, having 12 buses in the fleet would constitute a 20% spare ratio (2 spares/10 bus
maximum pullout requirement).
24. "Fare Media" refers to all instruments used to board Petaluma Transit buses, including but not
limited to monthly unlimited ride passes, Clipper Cards, Petaluma Transit and outside agency
transfers, and any new CITY -approved piece of fare media.
25. "Overloads" and "Full Buses" refers to anytime passengers wishing to board a vehicle are turned
away or optionally decline to board due to excessive crowding on the vehicle, manifested by
standees beyond the bus manufacturer's official standing capacity limits.
26. "Standees" refers to passengers who board but are forced to stand during movement of vehicle
due to lack of available seating.
27. "Road calls" refers to a specific vehicle failing to complete its scheduled revenue trip or start
its next scheduled revenue trip. This is true even when another vehicle is substituted and no revenue
service is lost. The failures may occur in revenue service including layover or recovery time, or
during deadhead operations.
28. "Pull-outs" refers to a bus departing the Petaluma Transit yard (555 N. McDowell) towards its
first scheduled time -point in revenue service on a new shift or service day.
29. "Trips" refers to a bus departing its initial scheduled time -point in revenue service. A new trip
begins each time the bus leaves this time point during the day.
30. "Missed Trips" refers to a trip that is scheduled as part of normal revenue service but is never
made for any reason, without prior approval of CITY Transit Manager.
31. "Late Trips" refers to a trip that begins more than fifteen (15) minutes after its scheduled
departure time.
Resolution No. 2018-055 N.C.S. Page 14
32. "Non -Revenue Vehicles" refers to any vehicles not used in revenue service. CITY does NOT
provide non -revenue vehicles for contractor operations as part of this agreement. City authorizes
the use of one (1) spare revenue vehicle by the CONTRACTOR's Road Supervisor to enable quick
relief bus service in case of a late bus, an accident, incident, or other existing or potential service
disruption. CITY does NOT provide vehicles for routine shuttling of drivers back and forth for
breaks, or for other purposes. CONTRACTOR must provide at least (2) vehicles for these purposes.
33. "Spare Revenue Vehicle" a Petaluma Transit revenue vehicle provided to the CONTRACTOR
by the CITY which is not being used at that particular time for revenue service.
34. "Incumbent Contractor" refers to the operations contractor currently providing Petaluma Transit
and Paratransit service, which is MV Public Transportation, Inc. (MV).
35. "Scheduled Timepoint(s)" are bus stops with departure times specifically noted in the Petaluma
Transit route schedules distributed for public consumption.
36. Deleted
37. "PETALUMA TRANSIT Operations and Maintenance Facility" and "PETALUMA TRANSIT
Maintenance and Operations Facility" refer to the City -Owned Public Transit Facility at 555 N.
McDowell Blvd. This City facility houses activities of the Contractor and City Transit staff.
38. "Petaluma Transit", refers to the City's Fixed Route operations.
39. "Petaluma Paratransit" refers to the City's paratransit operations.
40. "Contract Year" refers to the years within the contract term. In the case of this contract, the
Contract Years shall be aligned with the City's Fiscal Year calendar, starting on July 1, and ending
on June 30ti,. For example, Contract Year #1 starts on July 1, 2018, and ends on June 30, 2019.
41. "Selection Committee" may include members of the Transit Advisory Committee members,
community at large, other transit industry representatives, and CITY staff, as solely determined by
the Director
42. "VTT" stand for Verification of Transit Training Certificate.
43. "Operators", "bus operators", and "drivers" refer to persons employed by CONTRACTOR
under this RFP/agreement to drive Petaluma Transit and Petaluma Paratransit vehicles in revenue
service.
44. "Living Wage Ordinance or LWO" refers to the City's existing Living Wage Ordinance, which
governs wages paid to non-union represented persons employed within Petaluma City Limits under
a City contract. This contract includes provisions for compliance with the City's LWO for non -
unionized employees.
Resolution No. 2018-055 N.C.S. Page 15
45. "Eastside Transit Center" or "ETC" refers to the City's busiest transfer hub, located on Maria
Drive just east of S. McDowell Road, adjacent to the Washington Square shopping center.
46. "Copeland Transit Mall" refers to the bus mall shared by Petaluma Transit, Sonoma County
Transit, and Golden Gate Transit, located on Copeland Street between E. Washington and D Streets,
1 block west of the SMART Downtown Petaluma commuter rail station.
47. "SMART Station" refers to the Downtown Petaluma SMART (Sonoma Marin Area Rail
Transit) commuter rail station located adjacent to Lakeville Street, between E. Washington and D
Streets, one block east of the Copeland Transit Mall.
48. "AVL/CAD or Automatic Vehicle Location System, or AVL CAD (computer assisted
dispatching) refers to the City's Avail Technologies AVL/CAD system that supports and is integral
to Petaluma Transit fixed route services.
49. "Paratransit scheduling software" refers to any number of industry leading software and
hardware systems that automate the process of managing clients, scheduling trips, batching runs,
recording daily operations data, generating NTD and other operations reports on a daily, weekly,
monthly, or annual basis.
LEGAL RESPONSIBILITIES
This contract and any subsequent revisions must be submitted, filed, made, and executed in accordance with
State of California and Federal laws relating to contracts of this nature, whether the same or expressly
referred to herein or not.
By executing this contract, CONTRACTOR certifies that they will comply with all Federal laws and
requirements, including, but not limited to, Equal Employment Opportunity, Disadvantaged Business
Enterprise, Labor Protection, and other laws and regulations applicable to contracts utilizing Federal funds.
The CITY does not currently meet the Federal funding threshold requiring a DBE Program, and so there is
no DBE Goal set for this contract. No Good Faith Effort is required; however, CONTRACTOR is required
to adhere to the FTA Contract Provisions.
INSURANCE
CONTRACTOR and any subcontractor shall not commence work under this Agreement until
CONTRACTOR shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and carrier and the City Manager or his
designee as to sufficiency, nor shall CONTRACTOR allow any contractor or subcontractor to
commence work on this contract or subcontract until all similar insurance required of the
CONTRACTOR and/or subcontractor shall have been so obtained and approved.
All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
CONTRACTOR shall procure and maintain for the duration of the contract all necessary insurance
against claims for injuries to persons or damages to property, which may arise from or in connection
Resolution No. 2018-055 N.C.S. Page 16
with the performance of the work hereunder by the CONTRACTOR, the CONTRACTOR agents,
representatives, employees and subcontractors.
MINIMUM SCOPE AND LIMITS OF INSURANCE
Commercial General Liability and Property Damage: The CONTRACTOR shall maintain
insurance for protection against all claims arising from injury to person or persons not in the employ
of the CONTRACTOR and against all claims resulting from damage to any property due to any act
or omission of the CONTRACTOR, his agents, or employees in the operation of the work or the
execution of this contract. Such insurance shall include products/completed operations liability,
owner's and CONTRACTOR's protective, blanket contractual liability, personal injury liability, and
broad form property damage coverage. CITY shall not be responsible for any increases in insurance
costs incurred by CONTRACTOR in any future scenario. The minimum shall be as follows:
Bodily Injury (Injury or Accidental Death) and Property Damage (per occurrence) $10,000,000
Combined Single Limit.
Commercial Automobile Public Liability and Property Damage: The CONTRACTOR shall
maintain Automobile Public Liability and Property Damage Insurance for protection against all
claims arising from the use of vehicles, owned, hired and non -owned, or any other vehicle in the
prosecution of the work included in this contract. Such insurance shall cover the use of automobiles
and trucks on and off the site of the project. CITY shall not be responsible for any increases in
insurance costs incurred by CONTRACTOR in any future scenario. The minimum amounts of
Automobile Public Liability and Property Damage Insurance shall be as follows:
Bodily Injury (Injury or Accidental Death) and Property Damage (per occurrence)
$10,000,000 Combined Single Limit.
All Risk Physical Damage Vehicle Insurance — Stated Value
Such other insurance coverages and limits as may be required by the CITY
Workers' Compensation Insurance: The CONTRACTOR shall maintain Workers' Compensation
Insurance with statutory limits and Employers Liability Insurance with limits of not less than
$1,000,000 per accident. Such insurance shall comply with all applicable state laws.
CONTRACTOR shall provide the CITY with a Certificate of Insurance showing proof of insurance
acceptable to CITY. Certificates containing wording that release the insurance company from
liability for non -notification of cancellation of the insurance policy are not acceptable. Policy(s) are
to be endorsed to include a waiver of subrogation against the CITY, its officers, officials, agents
and employees. CONTRACTOR and its employees are independent
CONTRACTORS and not employees of the City of Petaluma. CONTRACTOR and/or its insurers
are responsible for payment of any liability arising out of Worker's Compensation, unemployment
Resolution No. 2018-055 N.C.S. Page 17
or employee benefits offered to its employees. CITY shall not be responsible for any increases in
Worker's Compensation costs incurred by CONTRACTOR in any future scenario.
The insuring provisions, insofar as they may be judged to be against public policy, shall be void
and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring
provisions herein may be within public policy and enforceable.
Additional Insured: The General Liability and Auto Liability policy(s) are to contain, or be endorsed
to name the CITY, its officers, appointed and elected officials, agents, volunteers, and employees
as Additional Insured as respects the liability arising out of the activities performed in connection
with this Contract. The coverage shall (a) be primaiy with respect to any insurance or self-insurance
programs maintained by the CITY; (b) shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability; and (c) contain
Standard Cross -Liability provisions. Such additional insured endorsements maintained by the
CONTRACTOR and its SUBCONTRACTORs shall not be required to provide coverage for CITY
for, the sole active negligence of CITY. Original endorsements, signed by a person authorized to
bind coverage on its behalf, shall be furnished to the CITY by the CONTRACTOR. In addition the
City shall be named as an additional Loss Payee under any policy of Property and Vehicle
Insurance.
Deductibles and Self-insured Retention: Any deductibles or self-insured retention must be declared
to, and approved by, the CITY. Payment of all deductibles and self-insured retentions will be the
responsibility of CONTRACTOR.
Separate endorsements are required, naming the CITY as additional insured, for liability insurance
and providing a waiver of subrogation for Worker's Compensation Insurance and as Loss Payee
under Vehicle Physical Damage coverage.
The successful Proposer shall maintain the insurance for the life of the contract, unless CITY
chooses to provide insurance (see below). Said insurance shall contain a provision that coverage
afforded under the policies will not be canceled unless and until thirty (30) days prior written notice
has been given to the CITY.
Endorsements are to be received and approved by the CITY before work commences. Should
CONTRACTOR cease to have insurance as required during any time, all work by CONTRACTOR
pursuant to this agreement shall cease until insurance acceptable to the CITY is provided.
Original insurance certificates and endorsements are to be mailed or delivered to:
City of Petaluma
Transit Division Manager
555 N. McDowell Blvd.
Petaluma, CA 94954
City Provided Insurance: CITY reserves the right to provide Commercial General Liability,
and Property Damage and Commercial Automobile Public Liability and Property Damage,
and Vehicle Physical Damage coverage at any point in the contract term.
Resolution No. 2018-055 N.C.S. Page 18
AWARD OF CONTRACT
Proposer agrees and so stipulates in executing this contract that:
1. CONTACTOR is an independent contractor, not an employee, agent, or officer of the CITY.
2. Contract shall be interpreted, construed, and given effect in all respects according to the laws of
the State of California.
3. CONTRACTOR shall not assign contract, or any part thereof, or any moneys due, or to become
due thereunder without the prior express written authorization and consent from City.
4. CONTRACTOR shall hold the CITY harmless from liability of any nature or kind, including
cost and expenses for infringement or use of any copyrighted composition, secret process, patented
or unpatented invention, article or appliance furnished, or used in connection with the contract.
5. CONTRACTOR warrants that no gratuities, in the form of gifts, entertainment, or otherwise,
were offered or given by the CONTRACTOR to any officer, representative, elected official or
employee of the CITY with a view toward securing the contract or securing favorable treatment
with respect to any determination concerning the performance of the contract. For breach or
violation of this warranty, the CITY shall have the right to terminate the contract, either in whole
or in part. The rights and remedies of the CITY provided in this clause shall not be exclusive, and
are in addition to any other rights and remedies provided by law or under the contract.
TERMINATION OF CONTRACT
The nature of this contract requires that the CITY and the CONTRACTOR must work closely as a
mutually supporting team without conflict. The CITY shall retain the right to terminate this
agreement at any time the CITY believes this working relationship has been impaired, or should
the CITY no longer have complete confidence and satisfaction in the quality and performance of
services by the CONTRACTOR.
This contract may be terminated for convenience, without cause by the CITY, in whole or in part,
by giving the CONTRACTOR ninety (90) days written notice of the intent to terminate whenever
the CITY determines that termination is in the best interest of the CITY. Should the contract be
terminated for convenience, the CONTRACTOR shall be paid for all authorized services provided,
including reasonable charges for demobilization. However, the CONTRACTOR shall not be paid
any anticipated profit or fees for services not provided.
If the CONTRACTOR fails to provide services or perform satisfactorily the work. required by the
terms and conditions of the contract, including data reporting responsibilities, or materially
breaches any of its obligations under this agreement the CITY may terminate the contract, in whole
or in part.
Resolution No. 2018-055 N.C.S. Page 19
Any assignment, subletting, or transfer of the interest of the CONTRACTOR, without prior written
authorization from the CITY, either in whole or in part, shall be cause for the CITY to immediately
terminate the agreement for default.
The CITY in its sole discretion may, in the case of a termination for breach or default, allow the
CONTRACTOR thirty days in which to cure the defect. In such case, the notice of termination will
state the time period in which cure is permitted and other appropriate conditions.
After receipt of a notice of termination, except as otherwise directed, the CONTRACTOR shall
stop work on the date of receipt of the notice of termination or other date specified in the notice;
place no further orders for services, except as necessary for completion of such portion of the
services not terminated; and settle all outstanding liabilities and claims.
PROTESTS
A copy of the City of Petaluma's written protest procedures may be requested from the City.
RIGHT TO REQUIRE PERFORMANCE
The failure of the CITY at any time to require performance by the CONTRACTOR of any
provisions hereof shall in no way affect the right of the CITY thereafter to enforce the same. Nor
shall waiver by the CITY of any breach of any provision hereof be taken or held to be waiver of
any succeeding breach of such provision or as a waiver of any provision itself.
OMISSIONS
The CONTRACTOR shall be responsible for providing all services, equipment, and functions
which are necessary for the safe, reliable, efficient and well-managed operation of either or both
fixed -route and paratransit systems for people with disabilities in compliance with the Americans
with Disabilities Act, within the general parameters described in this contract, consistent with
established industry practices, regardless of whether those services, equipment, and functions are
specifically mentioned in this contract or not.
ETHICS IN PUBLIC CONTRACTING
The CONTACTOR certifies that it is not a parry to any collusive action or any action that may be
in violation of the Sherman Antitrust Act by executing this contract, the offeror certifies that its
Proposal was made without fraud; that it has not offered or received any kickbacks or inducements
from any other offeror in connection with the offer; and that it has not conferred on any public
employee, public member, or public official having responsibility for this procurement transaction,
any payment, loan, subscription, advance, deposit of money, services, or anything of more than
nominal value. The offeror further certifies that no relationship exists between itself and the CITY
or another person or organization that interferes with fair competition or constitutes a conflict of
interest with respect to a contract with the CITY.
Resolution No. 2018-055 N.C.S. Page 20
CONTRACTOR certifies that no relationship exists between the CONTRACTOR and any CITY
employee, officer, official, or agent that is a conflict of interest with respect to a contract with the
CITY.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, CONTRACTOR agrees to the following:
CONTRACTOR shall comply with all the requirements, where applicable, of the California Fair
Employment Practice Commission and provisions of, when applicable, all Federal, State of
California, County of Sonoma, and City of Petaluma laws and ordinances related to employment
practices. This includes City of Petaluma's Living Wage Ordinance.
CONTRACTOR shall not discriminate against any employee or applicant for employment on the
basis of race, religion, color, gender, age, handicap, national origin, or ancestry, except when such
a condition is a bona fide occupational qualification reasonably necessary for the normal operations
of the CONTRACTOR. The CONTRACTOR agrees to post in conspicuous places, visible to both
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
CONTRACTOR, in all solicitations or advertisements for employees, placed by, or on behalf of
the CONTRACTOR, shall state that CONTRACTOR is an Equal Opportunity Employer.
PETALUMA MUNICIPAL CODE CHAPTER 8.36
This contract shall comply with the requirements of the City of Petaluma Municipal Code, Chapter
8.36, "Living Wage" Ordinance (LWO). The LWO is adjusted annually by City Council and
CONTRACTOR shall modify wages each year accordingly. It is the responsibility of the
CONTACTOR to track and adjust for any changes to the LWO impacting their fulfillment of this
contract.
PROJECT OVERVIEW
INTRODUCTION
The CITY of Petaluma, a municipal corporation, currently operates the following public transit
services:
Fixed -Route. A public transit service named Petaluma Transit that currently consists of six (6) all -
day weekday routes (three (3) on Saturday and Sunday), plus additional school -bell hour oriented
routes serving the City of Petaluma. The peak bus pullout is currently 9 buses in the school -day PM
peak, 6 on non -schooldays weekdays in the PM peak.
Petaluma Transit Paratransit Service (dernand-response). A complementary door-to-door
paratransit service operating generally anywhere within the Petaluma city limits (regardless of
Resolution No. 2018-055 N.C.S. Page 21
proximity to fixed -route) for ADA -eligible individuals only. Peak bus pullout for paratransit is 7
weekdays/2 on weekends.
TERM OF CONTRACT
The successful Proposer will complete all applicable training requirements during the month of
June 2018, commence operations on July 1, 2018 and operate and maintain the service for a four-
year period ending on June 30, 2022. If and only if mutually agreeable by both parties, the contract
may be extended for up to three additional years, in one-year increments, subject to City of
Petaluma City Council approval.
FUNDING AVAILABILITY
This contract is financed primarily with funds available under Article 4.0 of the California
Transportation Development Act (TDA). This contract is contingent upon the receipt of these and
other state and local transit funds, including Measure M. In the event that funding from these
sources is eliminated or decreased, CITY reserves the right to terminate any contract or modify it
accordingly, including but not limited to service reductions.
This project is financed in part by funds from the Federal Transit Administration (FTA).
Accordingly, Federal requirements apply to this contract and if those requirements change then the
most recent requirements shall apply to the project as required.
The FTA Certification Forms completed by CONTRACTOR will be required as part of this
contract.
COMPLIANCE WITH CALIFORNIA LABOR CODE SECTIONS 1070 ET SEQ.
Contractor and any subcontractors will be responsible for full compliance with California Labor
Code Section 1070, et seq. The law establishes incentives to those contracting for public transit
service contracts, including those involving paratransit services that will retain qualified employees
of the prior contractor or its subcontractor to perform the same or similar work for a period of at
least 90 days. These incentives protect against the significant economic dislocation of qualified
public transit employees. CONTACTOR and its subcontractor(s) declare it will retain such
employees and will be responsible for the duties and obligations provided in California Labor Code
Section 1072, including making a written offer of employment to each employee to be retained and
in the event fewer employees are necessary under this contract, retaining qualified employees by
seniority within the job classification.
Contractor will be subject to the enforcement provisions of California Labor Code Section 1073 for
any violations of this law.
In order to facilitate the provisions of the law, CITY requires that throughout the full term of this
Agreement, that CONTRACTOR and its subcontractor(s) maintain a list of all employees providing
the services required under the Agreement, which includes the information above and must indicate
which employees were employed by the prior contractor and its subcontractor(s), if any.
Resolution No. 2018-055 N.C.S. Page 22
CONTRACTOR and its subcontractor(s) must also maintain a list of all employees of the prior
contractor and its subcontractor(s) that were not retained by Contractor or its subcontractor(s), and
such list must indicate the reasons why such employees were not retained.
Upon request from CITY, CONTRACTOR and its subcontractor(s) must provide such lists to CITY
within 10 days of such request. CITY has the ability to request such lists throughout the term of
this Agreement. CONTRACTOR shall be responsible for defending, and shall hold CITY harmless
from, any claims or controversies alleging any violation or breach of Labor Code
Section 1070 et seq., whether made by CONTRACTOR's own employees, the employees of its
subcontractor(s), or employees of the prior contractor or its subcontractor(s), arising from or related
to the terms and conditions of employment of employees hired to work for CONTRACTOR as of
the effective date of this Agreement. Notwithstanding any other provision of this Agreement, no
cost of liability for which CONTRACTOR is responsible under this paragraph shall be deemed an
allowable cost payable to CONTRACTOR or claim or liability for which CONTRACTOR is
entitled to indemnification or reimbursement from CITY. CONTRACTOR shall be exclusively
responsible for satisfaction of all obligations that may be owed to its employees of the prior
contractor, pursuant to Labor Code Section 1070 et seq., both during and subsequent to the term of
the Agreement.
At least six months before the end of the Agreement, CONTRACTOR and its subcontractor(s) will
be required to provide CITY a list of employees working at CITY location(s). This list of employees
shall indicate the length of service of each employee, their job title and description, and their current
salary. This information may be distributed by CITY to future Proposers for a new contract that
will commence whenever the current contract term ends. CONTRACTOR and its subcontractor(s)
must provide updates on a monthly basis of the employee lists after the original employee list has
been submitted. CONTRACTOR's and its subcontractors' obligation to provide monthly updates
of the employee lists will last until the end of the Agreement term. If a new contract is awarded to
a different contractor at the end of CONTRACTOR's Agreement, CONTRACTOR must provide
to the new contractor the name, address, date of hire, wages, benefit level, and job classification of
each employee employed at CONTRACTOR's locations covered by CONTRACTOR's Agreement
within three working days after CONTRACTOR has been notified by CITY of the identity of the
new contractor.
CITY shall have the right, in its sole discretion, to reject or require the removal either temporarily
or permanently, by notice to CONTRACTOR, any operator furnished by CONTRACTOR,
including any operator previously furnished by Contractor and accepted by CITY. With respect to
the service provided under this Agreement, CONTRACTOR shall promptly replace any operator
not acceptable to or rejected by CITY.
COMPLIANCE WITH SECTION 13(C) OF FEDERAL TRANSIT LAW (49 U.S.C. 5333.)
The CONTRACTOR is hereby notified that CITY receives federal mass transit funds, and that,
under Section 13(c) of the Federal Transit Act (49 U.S.C. Section 5333(b)), it must protect covered
mass transit employees affected by any "project" that CITY initiates that uses the federal mass
transit money. For covered employees, this includes: (a) continuing their collective bargaining
Resolution No. 2018-055 N.C.S. Page 23
rights; (b) protecting them against a worsening of their employment conditions (including
reductions in wages and benefits); (c) providing priority of reemployment if the employee is laid
off or his job is eliminated; and (d) providing paid training.
No provision of the Contractor's Agreement will require CONTRACTOR to dismiss or displace
any employee or to rearrange the workforce covered by any Section 13(c) agreement as a result of
any "project" as defined by the Section 13(c) agreements to which Contractor hereby agrees to be
bound. The Section 13(c) agreement requires the CITY to preserve and continue existing collective
bargaining agreements, subject to any negotiated changes, and to staff positions for the operation
of service in compliance with the 13(c) agreements. CONTRACTOR will be responsible for
defending, and shall hold CITY harmless from, any claims or controversies alleging any violation
or breach of the Section 13(c) agreement (including alleged worsening of their employment
conditions), whether made by CONTRACTOR's own employees, the employees of its
subcontractors, employees of any former of CITY, or any other employees that allege to have been
affected by the project, arising from or related to any organization or reorganization of workforce
or any modification of the terms and conditions of employment of employees hired to operate the
service on the effective date of the Agreement or as a result of any increases or reductions in the
level of those services thereafter. A copy of the existing 13(c) agreement is available from CITY
upon request.
Notwithstanding any other provision of the Agreement, no cost or liability for which
CONTRACTOR is responsible under this paragraph shall be deemed an allowable cost payable to
CONTRACTOR or a claim or liability for which CONTRACTOR is entitled to indemnification
by CITY.
CONTRACT INCORPORATION
CONTRACTOR shall be aware that the contents of this contract the "FTA Grant Contract
Provisions" as well as the CITY of Petaluma's "Professional Service Agreement" are part of this
contract. Any modifications to this contract will require prior negotiations and approval of the
CITY. Failure of a proposer to accept this obligation may result in the rejections in cancellation of
this contract.
ABILITY TO PERFORM AND MEET REQUIREMENTS OF THE CONTRACT
CONTACTOR shall maintain fluency in Spanish and English from at least one personnel
who greets the riding public (e.g. dispatch or office staff) and basic knowledge of
conversational, transportation related Spanish for bus operators. CONTRACTOR is to
develop a basic Transportation Spanish course to be taught to all positions that greet the
riding public (see above) and provide a training schedule that leads to overall improved
relations with Petaluma Transit's Spanish speaking riders.
CONTRACTOR will maintain the following staffing levels in operations at a minimum: (1)
General Manager (GM), (1) FTE Safety & Training Supervisor/Road Supervisor (RS), (1)
Road Supervisor, (2) FTE Dispatchers, and (2) Part -Time Dispatchers. The City requires at
least two dispatchers (one can be the GM or RS if they are property trained in all aspects of
dispatching, including paratransit reservations/software systems) be on duty every weekday
Resolution No. 2018-055 N.C.S. Page 24
from 9am to 5pm. The City requires at least one Road Supervisor or Manager be present
during all hours of operations.
• CONTRACTOR shall integrate the CITY's Avail AVL/CAD fixed route operations
software system into daily operations and communication operational and maintenance
information to stakeholders (e.g. CITY, drivers, riders, shop personnel), acted upon, and
finalized in performance reports.
• CONTRACTOR shall utilize electronic Enterprise Asset and Fleet Management and
software system to track maintenance activities, work -orders, parts, and inventory for the
Petaluma Transit/Paratransit bus fleet.
• CONTRACTOR shall fully integrate the paratransit scheduling into daily operations.
Information based on events in the field (operations and/or maintenance) shall be
communicated, acted upon, and finalized in performance reports. Mobile computing devices
shall be provided by the CONTRACTOR and integrated into the paratransit software
scheduling system (e.g. tablets, cell phones, or mobile data terminals).
• CONTRACTOR shall provide reports including: daily, weekly, and monthly route level
data, including boardings by route, by fare type, and productivity by route.
• CONTRACTOR shall adhere to all provided detailed maintenance strategy information and
anticipated daily functions of all shop personnel, included in this contract.
• Road Supervisor position primary responsibilities shall be in assisting operations, train
operators, etc. Driving of vehicles for revenue service in place of a bus driver shall be
minimized and utilized on a contingent, temporary basis.
• CONTRACTOR shall secure, reconcile, and prepare deposits of fares directly into the
City's revenue account, documenting fares on the daily ridership reports and on the monthly
service billing/reports. Fare reconciliation (cash, pass purchased, Clipper Card transactions,
etc.) shall occur on a daily basis. CITY shall provide regular cash collection services via
armored car at a minimum of once per week.
• CONTRACTOR shall maintain data collection, record keeping, and reporting to meet the
ridership and National Transit Database Report (NTD) requirements. CITY is working with
Avail (AVL/CAD) to achieve NTD certification of the ridership data collected by the Avail
system, in hopes of avoiding further manual sampling during this contract term.
• CONTRACTOR shall maintain at a minimum the following staffing levels in maintenance
at a minimum: (1) FTE Mechanic, (1) FTE Fleet Technician and (1) FTE Fueler/Washer,
Utility/Bus Shelter Maintenance Helper.
• CONTRACTOR shall conform to all aspects of fueling, washing, utility, and bus shelter
maintenance as outlined in this contract. The fueler, washer, utility, bus shelter maintenance
helper is responsible for interior and exterior bus cleaning (using CITY drive-through
automatic bus wash on site), maintenance shop janitorial, bus stop janitorial (rarely), bus
shelter maintenance (as needed/occasional) and other duties. This includes conformance to
staffing plan, frequency per day and per vehicles, equipment, personnel ratio for the number
of vehicles, and detailing process and schedules.
• CONTRACTOR shall provide one (1) FTE dedicated to the "feeler washer, utility, bus
shelter maintenance helper" at a minimum. This position shall be trained and possess and
maintain a valid California Commercial Driver's License with air brake certification so that
the position may operate buses in non -revenue service (fueling).
• CONTACTOR shall maintain ASE A and H series Master Technician certifications for the
for Maintenance Manager Mechanic position within one year of contract starting and within
Resolution No. 2018-055 N.C.S. Page 25
six months of any subsequent fillings of the position. CONTRACTOR shall provide
additional and ongoing training(s) as needed that will enable the Mechanic to meet the
challenges of both vehicle maintenance and the wide variety of managerial and
administrative duties that is expected of this position at Petaluma Transit and to maintain
the ASE Master Technician certifications.
• CONTRACTOR maintenance staff shall maintain sufficient experience and certification
with Cummins powered heavy-duty buses, including proficiency with Cummins InSite
software, Diesel -Electric hybrid buses, including BAE hybrid drives, air brakes (DOT
certification), and other desired experience, including familiarity and training on wheelchair
lifts and ramps and AVL/CAD systems at a minimum. Maintenance staff shall become
familiarized with and acquire skill necessary to maintain the Petaluma Transit fleet over the
course of the contract as emerging technologies are implemented (items such as Bus Electric
Vehicle and bus automation technology).
• CONTRACTOR shall attempt to reduce towing of vehicles and reduce service interruptions
when possible when vehicle operational issues arise while accounting for safety of operators
and passengers.
• CONTRACTOR shall engage in discussions related to labor relations for employees
represented by Amalgamated Transportation Union (ATU) Local #1575. The current
Collective Bargaining Agreement (CBA) covering 3 years was ratified in November, 2016
and covers the term July 1, 2016 to June 30, 2019.
• CONTRACTOR shall fully integrate Avail AVL system into daily operations including
monitoring for methods for improving service.
• CONTACTOR shall maintain a competitive pay structure for bus drivers to ensure adequate
driver staffing, including a recruitment and retention plan incorporating a sign -on bonus
plan or other similar considerations. Other indirect compensation, retention and morale -
building items such team building events, shall be included in the employee
compensation/retention package.
• CONTRACTOR shall maintain a program to equitably share the incentive monies
obtainable by meeting or exceeding performance criteria contained this contract with drivers
and dispatchers as outlined in their proposal to this contract.
• CONTACTOR shall provide mobility for drivers shuttling between the Operations and
Maintenance Facility, Eastside Transit Center (ETC), Copeland (downtown/SMART
Station) Transit Center and other on -street relief locations. This includes providing an
adequate number of vendor -provided vehicles for this function and not utilizing city owned
vehicles or buses for this purpose. CITY will NOT pay for costs of providing driver lunches
and on -street reliefs.
PRICING AND INVOICING
Firm fixed prices per month and variable prices per revenue hour are requested are included in the
contract.
The Total Cost, invoiced to CITY on a monthly basis, will be the CONTRACTOR's variable costs
per hour for each mode (fixed route and paratransit), fixed costs to operate the vehicles and provide
maintenance for both anodes, and the monthly liability insurance (auto & general), in accordance
with the Scope of Services and as submitted on Form 1. 1.2
Resolution No, 2018-055 N.C.S. Page 26
The CITY pays for all fuel, parts, and outside repair services for revenue vehicles with the
exception of warranty and accident repairs, provided that the repairs are not required due to
CONTRACTOR negligence. The firm fixed-rate per hour shall remain unchanged during the entire
period of each Contract Year.
ADA Eligibility Determination will be provided through separate contract between the City and
CARE Evaluators, Inc. CONTRACTOR is not involved in the determination process but does work
collaboratively with CITY and CARE staff to ensure paratransit rides are provided to and from the
evaluation site on a weekly basis.
SERVICE DESCRIPTION
Petaluma Transit currently features six (6) fixed routes operating on thirty (30) and sixty (60),
minute headways from 6:15am to 8:25pm Monday through Friday. Saturday service consists of a
reduced three (3) route service platform running from 7:30am to 8:25pm. Sunday service is
provided on 3 routes, with 2 buses from 8:30am to 5:25pm. The Service currently requires four (4)
buses for the midday and majority of the service day, with seven buses (7) in the AM school peak
(7-8:30am) and nine (9) buses in the PM peak. In Fiscal Year 2016-17 Petaluma Transit provided
19,797 fixed route revenue hours.
For Fiscal Year 2018-19 CONTRACTORS shall assume fixed route service levels for a BASELINE
ANNUAL FIXED ROUTE HOUR TOTAL OF 19,797.
The CITY's required Americans with Disabilities Act (ADA) Complementary Paratransit Service
that parallels all local fixed route bus service in the Petaluma Transit service area is called
PETALUMA PARATRANSIT. The CITY requires all users of Petaluma Transit Petaluma
Paratransit to establish eligibility by completing evaluation interviews with the CITY's third -party
ADA Eligibility Evaluation Contractor (currently CARE Evaluators) prior to admission to the
system. Petaluma Paratransit operates a "premium ADA" service, with the Petaluma City Limits as
its service area boundaries, serving all eligible users within City Limits regardless of the presence
(or lack of) an active fixed route.
PURPOSE
The City provides fixed route and ADA demand response paratransit service within the City
limits. Separate contracts are led by the City for bus stop janitorial service and ADA Eligibility
Determination functions.
Fleet
CITY provides a variety of bus types in its fixed -route, and Paratransit fleet for the service
provided under this contract. See Attachment 9 for information on quantity, manufacturer, type,
and operator. All fixed route buses are wheelchair accessible and operate on clean diesel or diesel-
electric hybrid engines, and all paratransit vans operate on gasoline. The CITY pays for all parts
(except warranty and insurance parts), provided that the repairs are not required due to
Resolution No. 2018-055 N.C.S. Page 27
CONTRACTOR negligence), and fuel for the revenue vehicles, including; tires, oil and
lubricants. Fuel is currently obtained at 482 Kenilworth Drive (Petaluma City School District
Yard). CONTRACTOR shall supply sufficient vehicles for driver shuttle and road supervision
purposes and shall supply fuel for these vehicles.
Fixed Route
Petaluma Transit's Fixed Route fleet currently uses both clean diesel and diesel electric hybrid
engines (subject to change over life of contract). All revenue vehicles fuel will be provided by CITY
to CONTRACTOR at a City provided fueling site within Petaluma (currently Petaluma City
Schools Corporate Yard). The fueler/washer/utility/bus shelter maintenance helper shall shuttle
vehicles to the fuel station to refuel vehicles as needed. CONTACTOR shall provide adequate
number of vehicles for purposes of driver mobility (shuttling employees for shift change over, relief
breaks, etc.) function and not utilize city owned vehicles, transit or paratransit buses for this
purpose. CITY will NOT pay for costs of providing driver lunches and on -street reliefs.
Petaluma Paratransit
All Petaluma Paratransit vehicles operate on gasoline. All revenue vehicle fuel will be provided by
CITY to CONTRACTOR at a specified location within Petaluma (currently the Petaluma City
Schools Corporate Yard located at 482 Kenilworth Road). The successful Proposer will manage all
service operations and maintenance functions from the CITY's Operations and Maintenance
Facility. This CITY facility is leased to the successful CONTRACTOR(s) for $1 each per year and
allows consolidation of Petaluma Transit activity into one centralized location. The
CONTRACTOR must obtain and keep current all required licenses, including City Business
license, and permits to operate in the Petaluma Transit (PT) service area within the scope of this
contract service.
ADJUSTMENT TO SERVICE
Except as otherwise stated specifically in this contract Petaluma Transit reserves the right to adjust
service at any time. Modifications to services may include, but are not limited to, extending,
deleting or adding routes, or parts of routes, and expanding or decreasing revenue hours. Revenue
hours begin at the first pick-up, even if that pick-up is a no show.
In the event that actual annual revenue hours fall below eighty percent (80%) or exceed one hundred
twenty percent (120%) of the total projected annual revenue the CONTRACTOR or the CITY
reserves the right to negotiate a revised unit cost per revenue hour or a revision of the monthly fixed
rate.
In the event of a regulatory change that may significantly affect the ability of the CONTRACTOR
to continue to provide service at the contractual rate, the CITY may at its own discretion, work with
the CONTRACTOR to adjust rates to address the issue. The CITY would conduct a cost evaluation
to ensure that any rate increases do not invalidate the price evaluation contained in the RFP selection
process.
Resolution No. 2018-055 N.C.S. Page 28
SERVICE HOURS
Service hours effective January 2018 will be as follows:
Monday — Friday: 6:15 a.m. — 8:25pm
Saturday: 7:30 a.m. — 8:25pm
Sunday: 8:30 a.m. — 5:25pm.
CONTRACTOR will be expected to provide dispatch service on-site during all hours stated above
plus additional time prior to and subsequent of revenue service to assure all runs are covered by
qualified drivers. Exact hours of operation are subject to change. CONTRACTOR shall conform to
the dispatch & supervision staffing plan included in their proposal to this contract.
HOLIDAY SCHEDULE
Petaluma Transit reserves the right to operate modified schedules as it deems appropriate in
conjunction with holidays or other extenuating situations, with one week notice to the
CONTRACTOR. The modified schedules will in no way alter the Contract, nor will be considered
an adjustment to service, nor will it result in compensation either to the CONTRACTOR or to
CITY.
There will be NO SERVICE on the following holidays:
• New Year's Day
• Independence Day
• Thanksgiving Day
• Christmas Day
Petaluma Transit will operate on a SUNDAY schedule on the following holidays:
• Memorial Day
• Labor Day
• Presidents Day
• Martin Luther King, Jr. Day
• Day After Thanksgiving
• Veterans Day
• December 24ti, (Christmas Eve)
DESCRIPTION OF SERVICE
Petaluma Transit's fixed -route system consists of six routes on weekdays, five on Saturdays, and
three on Sundays, operating on a dual-hubbed system with timed -transfers at the Eastside Transit
Center (ETC) and, to a lesser extent, the Downtown Petaluma SMART Station/Copeland Transit
Mall. The URL of the Petaluma Transit website is http://transit.cityofpetaluma.net/routes/. Four
buses operate all day on weekdays, with additional buses deployed to expand school bell time
capacity in the early morning and afternoon. Currently, three buses meet at the ETC twice an hour
to transfer riders between routes. Since August 2016, two additional buses are added to the 2/11
interlined block to elongate the running time cycles on each route from 30 to 40 minutes (traffic
Resolution No. 2018-055 N.C.S. Page 29
congestion) and increase frequency from 30 minutes to 20 minutes on these busiest of routes on
weekday afternoons. This occurs on weekdays from 3:15pm to 5:15pm. Peale pull is 7 buses in the
AM peak, 4 all -day, and then 9 in the PM peak around 2:30pm. Evening service extends to 8:25pm
Monday through Saturday, and 5:25pm on Sundays.
On Weekends, fixed -route service features a three -bus deployment scheme throughout both days.
Ridership is lighter on Saturdays and Sundays, averaging about 400 daily rides on Saturday, and
around 200 on Sundays. Petaluma has experienced significant ridership growth in the past 10 years.
Please see the Petaluma Transit Website at http://transit.cityofpetaluma.net/routes for full
timetables.
Petaluma Transit Petaluma Paratransit's ADA service is in compliance with all ADA paratransit
service standards. Revenue service for ADA Paratransit begins with the first passenger pick-up on
a bus and ends at the time the last passenger is dropped off, on a per vehicle billing basis. Revenue
service does not include lunches. Deadhead from yard to first pick up, from last drop off to yard,
and to and from lunches or breaks, is approved by City, reported by CONTRACTOR and paid by
CITY. Petaluma Paratransit operates the same hours as Petaluma Transit (fixed route) and serves
eligible patrons with origins and destinations anywhere within Petaluma Urbanized Area, which is
generally the City Limits, regardless of the presence or absence of an active fixed route (the ADA
3/4 mile limit is disregarded except when serving slightly beyond city limits due to an active fixed
route nearby).
The CONTRACTOR from time to time will be required to provide special event and marketing -
related services. Special event services may vary from year to year. Special event and marketing
event services shall be billed at no more than the fixed route revenue hour rate.
Total estimated hours, and miles for these services are:
Baseline Amzual FY 16-17 Revenue Hours Miles
PT Fixed -route 19,797 246,443
PT ADA Paratransit 9,250 75,496
Baseline Totals Contract 28,047 321,939
These figures form the BASELINE CONTRACT HOURS from which
Adjustment of Service criteria (see above, Section 2.1.3) shall be indexed.
SCHEDULES
The CONTRACTOR shall provide Petaluma Transit services in a safe, courteous, reliable manner,
and in accordance with trip schedules provided by CITY. CITY representatives shall from time to
time ride in CITY -furnished, CONTRACTOR -operated vehicles, with or without prior notice to
the CONTRACTOR, to ensure compliance with this Contract. CITY staff consistently monitor the
service remotely using the AVL/CAD system. Current schedules can be found here at
http://traiisit.cityofpetaluma.net/routes/
FARES
Resolution No. 2018-055 N.C.S. Page 30
The CITY establishes Petaluma Transit's fare structure and array of fare media. Petaluma Transit
currently features (effective August 2014) the following fare structure:
■ $1.50 for adults
■ $1.00 for students
■ $.75 for seniors/disabled riders
■ $3.00 per one-way trip for Petaluma Paratransit.
Monthly (and Quarterly for Students) passes are available in each demographic. Passes are sold at
an array of outlets in the community and online at the Petaluma Transit Website e -store
http://transit.cityofpetaluma.net/fares/. Petaluma Transit accepts the Clipper Card, which is a
regional stored value smart card, for payment on fixed route. The Transit Maintenance and
Operations Center is a busy Clipper sales location and the volume of walk-in Clipper customers has
the potential to impact daily dispatch activity. CONTRACTOR shall staff accordingly.
DRIVERS
Prior to the start of each month, CONTRACTOR shall purchase monthly bus passes for distribution via bus
operators. CONTRACTOR shall purchase twenty-one (21) adult passes and eighteen (18) student passes and
distribute to Petaluma Transit fixed -route bus operators.
QUALIFICATIONS AND STANDARDS
The CONTRACTOR shall conduct an adequate background check on each Petaluma Transit driver to ensure
all drivers meet the following standards and are qualified to perform Petaluma Transit transportation
services:
■ All operators must be employees (full or part time) of the CONTRACTOR. The
CONTRACTOR may not sub -contract with individuals to execute trip assignments.
■ Continuous possession of a valid driver's license, a California DMV Transit Certificate,
passenger endorsement, air brake endorsement (fixed -route only), VTT (fixed -route only)
and current possession of a Class A, or B license (fixed -route only).
■ Not more than two moving violations in the past five years and no DWIIDUI convictions
within the last seven years.
■ Ability to read, write, and speak English. Spanish-speaking drivers are desired.
■ Sensitivity to passenger's needs. Petaluma Transit seeks drivers who are good with people
and calm in the face of traffic and stressful conditions.
■ Must pass Federal Drug and Alcohol Testing regulations. (See Appendix B)
■ Candidates with felony conviction history must be identified by CONTRACTOR and made
subject to review of conviction history and approval by CITY prior to hiring.
Resolution No. 2018-055 N.C.S. Page 31
TRAINING
Fixed Route
CITY of Petaluma shall offer one training course at the start-up of the contract for CONTRACTOR's trainers
and supervisors to instruct them in Petaluma Transit's unique policies and procedures. After the initial
training course at contract start up, 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 Petaluma Transit operations in order to ensure that these new
experienced drivers are trained to an equivalent level as the new trainee program required below in 2.2.2 "a"
and 2.2.2 "b."
All drivers, hired by the CONTRACTOR must attend, at a minimum, the following training:
■ A minimum of one -hundred ten (I 10) hours of training per driver, of which at least sixty
(60) hours shall be behind the wheel of a vehicle, including at least (16) hours of
Petaluma Transit system & route training/cadeting. This training must be completed
before a driver can enter unsupervised passenger revenue service.
■ Within this required training period, CONTRACTOR shall instruct drivers in at least
(3) three hours of disability awareness sensitivity training, which includes ADA
regulations and procedures; a half hour (.5) of sexual harassment training; five (5) hours
of passenger control/difficult passenger training; eight (8) hours of defensive driving
training.
• CITY reserves the right to review all training materials, and monitor training sessions.
The CONTRACTOR shall arrange and pay for this training.
■ CONTRACTOR shall be required every year to ensure all 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" training.
■ The cost of driver's wages during all training shall be borne by the CONTRACTOR.
Maximum class size shall be 10 operators.
■ CONTRACTOR shall be required to ensure all operators and dispatch staff are aware
of proper radio and direct 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.
Written documentation of all training, including new hires, recurrent, and retraining, shall be maintained by
the CONTRACTOR and furnished to the CITY Transit Division Manager upon request.
All training programs shall be subject to CITY approval within a reasonable timeframe.
UNIFORM SPECIFICATIONS AND APPEARANCE STANDARDS
a. Uniform Specifications
Fixed Route
Resolution No. 2018-055 N.C.S. Page 32
The CONTRACTOR shall develop a dress code which will be subject to CITY approval. Such dress code
will feature, at a minimum both shirt/blouse and slacks. Standardized dress shorts permitted with CITY
prior approval. Drivers shall wear name tags clearly displaying their names at all times while performing
their duties. The CONTRACTOR shall provide an adequate supply of uniforms for drivers and maintenance
staff. CONTRACTOR shall provide regular cleaning of maintenance uniforms and shop cloths. Uniforms
shall clearly separately display both the name of the contracting firm and of Petaluma Transit. Each driver
shall have an accurate time piece available and in clear sight at all times during vehicle operations. It shall
be the CONTRACTORS responsibility to create and include Petaluma Transit patches on all driver uniform
shirts and ensure they are displayed prominently while drivers perform their duties. The CITY has previously
provided Petaluma Transit polo shirts to drivers and dispatchers and those are also approved to be worn
during work hours, but are NOT to be considered a substitute for CONTRACTOR provided uniforms.
This code shall include shoes which shall be solid, plain -toe oxford -style work shoes or athletic sports shoes.
Sandals, cleated, or open -toe shoes will not be permitted.
Consideration for safety must be applied to all dress code components.
Appearance Standards:
General Appearance: At all times while on duty, drivers shall be well groomed, clean and in complete
uniform. Drivers shall conform to the following standards of appearance at all times while on duty or when
in uniform. All drivers must be neat in appearance, clothing/uniform clean and pressed, hair clean and neatly
cared for. No colognes or perfumes are allowed on drivers and office staff while performing duties.
NO -SMOKING POLICY
Per compliance under CITY ordinance 8.20 ""Regulation of Smoking and Tobacco Sales" CONTACTOR
bus drivers shall not smoke within 20' of any unit, enclosed area or common area/public space. This includes
any building or entrance point to the 555 N. McDowell facility and any bus stop, transit facility, Park -n -
Ride, or other public gathering location. The prohibition includes all: tobacco, cigarette, marijuana or e -
cigarettes ("vaporizers"),
REMOVAL
The CITY of Petaluma may require the CONTRACTOR to immediately, pending investigation, remove any
driver from Petaluma Transit service for any one of, but not necessarily limited to, the following:
• Committing unsafe or inappropriate acts while providing service.
■ Revocation, suspension, or non -renewal of a valid California driver's License or Conviction
of any felony criminal offense.
■ Unacceptable customer service as reported by customers, other drivers, or directly observed
by CITY staff or agents thereof.
■ Threat or abuse of another CITY or CONTRACTOR employee (verbal or physical)
■ Operators not in the approved uniform.
PERSONNEL
The CONTRACTOR shall furnish all operators, the feeler washer/utility/bus shelter maintenance helper,
fleet technician, dispatchers, road supervisors, administrative personnel, mechanic, and other personnel
Resolution No. 2018-055 N.C.S. Page 33
necessary for providing the Petaluma Transit's fixed route, paratransit, and maintenance services in
accordance with this Contract.
Petaluma Transit reserves the right to review the resumes of management personnel and the Mechanic
assigned to this Contract. The CONTRACTOR's Designated Representative, shall meet weekly or as often
as CITY requests with the CITY's Transit Division Manager and other Transit Division staff.
As part of this contract, CONTRACTOR shall include driver and non -driver wage and benefit packages
which will be offered to each of the above employment classifications upon contract commencement.
REQUIRED MANAGEMENT PERSONNEL
The CONTRACTOR shall provide necessary managerial staff noted in this contract, including road
supervision, dedicated solely to this Contract. The CONTRACTOR shall provide one management/road
supervisor personnel on duty at all times, including prior to driver rollout to assure complete route
coverage/schedule adherence. The CITY maintains the right of approval of any change in personnel at the
General Manager level prior to any change. Should CONTRACTOR change General Manager (or
equivalent) or Mechanic nvithout CITY approval, CITY shall withhold $1,000 of payments each week that
the City is not provided with a FTE replacement for either position, as liquidated damages from
CONTRACTOR. Should CONTRACTOR change General Manager or Mechanic nvith City approval, City
shall withhold $1,000 of payments each week after four weeks that the City is not provided with an FTE
replacement for this position, as liquidated damages from CONTRACTOR.
The CITY shall hold right of refusal over CONTRACTOR assignment of the managerial team positions.
SUPERVISION
CONTRACTOR shall employ a minimum of two full time Training Manager/Road Supervisor positions to
provide daily street supervision of contracted service including the monitoring of and assistance with
schedule adherence, on -street operation, and on -route compliance. This supervision will include providing
on -street schedule adherence support, conducting ride checks (on -board) to ensure operator adherence to
procedures (i.e., fare collection, ADA compliance, technical driving, and passenger relations), and field
response to any and all events. Such supervision will also include responses to investigation of accidents
and incidents. The CITY of Petaluma also reserves the right to provide similar investigations and
adherence checks of its own with or without notice to ensure compliance with terms of the Contract.
Training Manager/Road Supervisor must be licensed to drive in revenue service. At times, the Road
Supervisor will be expected to provide supervision in a revenue vehicle with the ability to carry passengers
to aid on -route drivers in maintaining on time performance. In the event that a Road Supervisor/Safety &
Training Supervisor/Road Supervisor or General Manager drives as a substitute in scheduled revenue
service these hours will be deducted by CONTRACTOR from the billed hours for the month.
The CITY shall withhold $600 of payments each week that the CITY is not provided with an FTE
replacement for the Road Supervisor after 30 days that the City is not provided with an FTE replacement
for this position, as liquidated damages from CONTRACTOR.
MAINTENANCE TECH & BUS WASHER/FUELER
CONTRACTOR shall maintain the following staffing levels in maintenance at a minimum: (1) FTE
Mechanic, (1) FTE Fleet Technician and (1) FTE Fueler/Washer, Utility/Bus Shelter Maintenance Helper.
The fueler washer, utility, bus shelter maintenance helper is responsible for interior and exterior bus
cleaning (using CITY drive-through automatic bus wash on site), maintenance shop janitorial, bus stop
Resolution No. 2018-055 N.C.S. Page 34
janitorial (rarely), bus shelter maintenance (as needed/occasional) and other duties. This includes
conformance to staffing plan, frequency per day and per vehicles, equipment, personnel ratio for the
number of vehicles, and detailing process and schedules.
The CITY shall withhold $300 of payments per vacancy each week that the CITY is not provided with a
maintenance technician or bus washer/ fueler after 30 days that the City is not provided with an FTE
replacement for these positions, as liquidated damages from CONTRACTOR.
DISPATCHING: RADIOS & TELEPHONE SYSTEMS
CONTRACTOR shall provide at least one person in the office, answering telephone calls and providing
dispatch support at all times of operations, with the exception of 9am-5pm on weekdays, when at least 2
persons must be providing dispatch services at all times. This calculation of 2 persons may include the
General Manager, but only if he/she is trained in dispatching and available to take calls.
The CITY will provide working radios on all revenue Petaluma Transit fixed -route vehicles, and cell
phones for all paratransit vehicles. The CITY will provide the phones and radio equipment, including base
station and accessories. The CONTRACTOR will provide adequate dispatch and radio/phone monitoring
personnel to enable effective driver/vehicle assignments and prompt responses to driver and/or vehicle
problems which could impact Petaluma Transit service.
The CITY is providing a Cisco telephone system with adequate phone lines for the CONTRACTOR.
CITY shall provide internet access for CONTRACTOR, CONTRACTOR is required to abide by CITY
procedures and rules of internet usage and security.
CITY shall support and maintain all CITY -provided phone, computing, and radio equipment. As with all
maintenance, the CONTRACTOR shall coordinate repair of all radio and base station equipment with
CITY. CITY shall be responsible for payment for repair and purchase of any required new equipment,
except in cases of lost equipment or damage due to CONTRACTOR negligence.
SAFETY AND SECURITY
The CONTRACTOR shall take all -reasonable and necessary precautions to provide security for the CITY's
Operations and Maintenance Facility, staff, and any equipment provided by the CITY, as well as for records
of Petaluma Transit operations. CONTRACTOR shall be responsible for safety and security of passengers
during operations and CONTRACTOR's operational areas within the 555 N. McDowell Petaluma Transit
Operations and Maintenance Facility. CITY has installed a card -access ID card key system that
CONTRACTOR is required to participate in; new hires are issued unique access cards for exterior doors to
regulate access. CONTRACTOR shall work collaboratively with City to ensure departing employees turn
in access cards and new hires are submitted to CITY and issued access cards. CITY has video surveillance
of Operations and Maintenance Facility and retain right to review video footage at any time and will share
access with CONTRACTOR management to enhance security. Safety meetings shall be held with all
employees at least once per month, and at least one (1) hour in duration (or every other month for 2 hours).
CONTRACTOR shall immediately report all hazardous conditions (e.g. trees, signs, slides, etc.) in the
service area to the CITY and any other appropriate authority and take necessary precautions to safeguard
passengers, personnel and equipment.
CITY provides electronic surveillance system (cameras) on site, and will likely invest in adding to this
system in the future, and has recently equipped doors on the facility with electronic secured card -access
locks to boost employee security. CONTRACTOR shall help support the function of these investments and
Resolution No. 2018-055 N.C.S. Page 35
take all -reasonable and necessary precautions to provide security for this security equipment.
CONTRACTOR shall bear any costs associated with issuance of cards to CONTRACTOR employees and
repair of any damage to the equipment if caused by CONTRACTOR negligence.
CONTRACTOR shall not permit drivers to bear weapons of any type on CONTRACTOR, or CITY
property, facilities, or vehicles while operating a vehicle under this contract.
INJURY AND ILLNESS PREVENTION PLAN
CONTRACTOR shall maintain and provide a copy of the firm's Injury and Illness Prevention Plan in
compliance .with Title 8 of the California Code of Regulation, Sec. 3203.
CITY -FURNISHED VEHICLES
FLEET
The CONTRACTOR shall be initially provided fourteen (14) ramp -equipped low -floor heavy-duty transit
buses for fixed route service. City will attempt to make available an adequate number of vehicles to the
CONTRACTOR to assure at least a twenty percent spare ratio. CONTRACTOR may utilize spare vehicles
for official Petaluma Transit driver training. See Appendix B for November 2017 Petaluma Transit Fleet
Roster. The CONTRACTOR shall be initially provided nine (9) lift -equipped paratransit vans.
RESPONSIBILITIES OF CITY -PROVIDED FLEET
The CITY shall pay for all repairs on CITY revenue vehicles with exception of warranty and insurance
repairs, provided that the repairs are not required due to CONTRACTOR negligence.
The CITY will pay for all normal wear and tear items as identified by the City's maintenance contractor.
The CITY of Petaluma reserves the right to add/subtract or substitute vehicles for those described above,
should the requirement arise during the term of the Contract, and negotiate any appropriate Contract
modifications with CONTRACTOR.
The CITY does NOT provide CONTRACTOR with any non -revenue vehicles to conduct daily non -revenue
service tasks. CONTRACTOR shall be responsible for providing any non -revenue vehicles that may be
desired for running of errands, field review of operations, shuttling of drivers, driver reliefs, etc.
CITY will provide the fixed route CONTRACTOR a two-way radio system for each fixed route bus,
including FCC frequency, 4 handhelds, and one (1) base station located at the CITY Operations and
Maintenance Facility dispatch office. The radio equipment is to be available for normal dispatching as well
as emergency situations (accidents, mechanical breakdowns, etc.), thereby enabling the CONTRACTOR to
immediately dispatch substitute vehicles. CONTRACTOR assumes the responsibility of coordinating
maintenance of the radio system. CITY shall be responsible for maintenance (parts & replacement) costs of
the system. CONTRACTOR shall be responsible for maintaining proper radio etiquette at all times to ensure
that the CITY's FCC broadcasting license is protected.
INITIAL VEHICLE ACCEPTANCE
At the beginning of this contract, CITY and its agents will jointly inspect each vehicle with the
CONTRACTOR and sign off on an original inspection sheet to establish a baseline vehicle condition.
CONTRACTOR will be required to bring the buses into a state of good repair acceptable to the CITY.
Resolution No. 2018-055 N.C.S. Page 36
At the conclusion of contract, CITY and its agents will jointly inspect each vehicle with the outgoing
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, the CITY will jointly inspect the vehicles with the new
CONTRACTOR. An inspection acceptance form will be generated at that time. It is the sole responsibility
of the outgoing CONTRACTOR, at its expense, to ensure all CITY vehicles are in good operating condition,
free of damage and/or neglect both inside and outside. Should the outgoing CONTRACTOR fail or refuse
to meet this requirement, the City may, at its option, repair the vehicles at OUTGOING CONTRACTOR'S
expense.
OPERATING MODE
The CITY of Petaluma provides all vehicles, fuel, and fare media required for scheduled service. The
CONTRACTOR provides required drivers, supervisoryfrnanagement services, and all other operational
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.
FACILITIES
CONTRACTOR shall occupy and perform services as required by this contract from the CITY's Petaluma
Transit Maintenance & Operations Center, located at 555 N. McDowell Blvd. CONTRACTOR will share
this facility with CITY staff who occupy a portion of the facility.
SOFTWARE/HARDWARE
The CITY will supply basic administrative office hardware and software, for this contract, with the exception
of additional proprietary computers used for driver monitoring systems or other proprietary activities. Should
CONTRACTOR desire to have proprietary software installed on CITY computers, it must be approved by
CITY for installation on CITY computers. CITY provides high-speed internet access that is shared with
CONTRACTOR at no cost. Should CONTRACTOR desire a separate computer network with
CONTRACTOR computer hardware it will be at CONTRACTORS's expense.
CONTRACTOR shall provide TRAPEZE PASS paratransit scheduling software system.
CONTRACTOR shall be responsible for ongoing maintenance, tech support, and hosting of said scheduling
software and providing supporting hardware such as tablet computers, MDTs, etc.
High-speed internet access for CONTRACTOR is provided by CITY. Limited free Wi-Fi is provided for
facility guests by CITY.
The Petaluma Paratransit client data generated and stored by any paratransit scheduling software system,
whether CITY owned or provided and/or hosted by CONTRACTOR, is the property of CITY and shall be
turned over to the CITY upon request or at the end of either the scheduling software lifecycle, or this
agreement.
FARE COLLECTION
CONTRACTOR shall collect the fares and charges that have been and may be established by the CITY.
CONTRACTOR shall train employees and provide pass sales at the Petaluma Transit M&O Facility (555
N. McDowell) as well as sell Clipper fare media and support add -value transactions, and most frequently,
Resolution No. 2018-055 N.C.S. Page 37
sale of Senior and Youth Clipper cards. CONTRACTOR shall assist in the issuance of RTC (Regional
Transit Discount Cards) Cards at the M&O Facility. Fare collection and all related security measures shall
be solely the responsibility of the CONTRACTOR. The CONTRACTOR shall be required to provide the
CITY with the following materials or information:
■ Fares collected, which shall be deposited into CITY transit revenue account daily then
summarized by day and route on monthly reports.
■ Fare boxes (vault -style) for all fixed route buses shall be provided by the CITY and
maintained by the CONTRACTOR. CITY is currently using bottom -loading Diamond non-
electronic fareboxes.
■ Paratransit vehicles currently do NOT have fareboxes, as fares are collected into bank bags
by drivers during the course of the service day. It is possible, that CITY will purchase and
equip paratransit vans with non -electronic fareboxes during this agreement. No change in
billing rate will be considered.
■ Fare media and pass sales summary data shall be collected and submitted to the CITY of
Petaluma's Transit Division Manager monthly or upon request.
The CITY reserves the right to approve any fare collection/securement 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.
TELEPHONE INFORMATION SERVICE
CONTRACTOR shall provide customer information service to the public in English and Spanish during all
hours of system operation.
CONTRACTOR shall take paratransit client reservations every day between 9am and 5pm while providing
general information (where is my ride?) during all times that revenue service is being operated (see Section
2.1.1. above).
CITY shall provide for CONTRACTOR sufficient telephone lines and telephone equipment dedicated to the
Petaluma Transit operation to ensure effective communications. These phone lines shall be used solely for
the purpose of conducting Petaluma Transit business and shall not be used by the CONTRACTOR for any
other purpose. These telephones shall be answered as "Petaluma Transit" or "Petaluma Paratransit." This
does not include mobile phones which if needed, are the responsibility of the CONTRACTOR to provide.
CITY -provided telephone lines (each offers multiple rollovers) and their respective phone equipment and
telephone numbers shall remain the property of the CITY of Petaluma under conclusion or termination of
the contract.
CONTRACTOR shall establish a phone answering method and "hold messages" for the CITY's Cisco Phone
System that are approved by CITY. CITY reserves right to require the recording of various informational
messages that CONTRACTOR will ensure are placed into the phone system to educate callers on Petaluma
Transit services and events while caller is on hold.
EQUIPMENT CONDITION
CITY provides CONTRACTOR with access to a modern, indoor, drive-through bus wash onsite at the
Operations and Maintenance Facility. Vehicles placed in service by CONTRACTOR must, without
exception conform to the following:
Resolution No. 2018-055 N.C.S. Page 38
■ Exteriors shall be washed and detailed at least twice per week, per vehicle.
■ Interiors shall be cleaned daily, including sweeping of floors and seats.
■ Interiors shall be detailed thoroughly at least twice per month.
■ Interior floors shall be mopped at least twice per week, or more often as needed in wet
weather.
■ Drivers' area will be wiped down at least twice per week. This shall include, but not be
limited to, dash controls, dashboard, above the driver area, and along the front dashboard.
■ Have fully operational heating and air conditioning, wheelchair ramps and lifts, securement
belts, flip seats, radios, fareboxes, AVL systems, Wi-Fi, surveillance camera systems, and
destination signs.
■ Be free of body damage, have no missing or unpainted panels.
■ Be free of graffiti on the exterior and on the interior of vehicles.
■ Have all safety items fully operational; (i.e., lights, brakes, horn, tires, wheelchair tie downs,
seat belts, etc.)
• No vehicle shall be cannibalized for parts for any reason without prior written consent of
the CITY of Petaluma.
No vehicle shall be retired or put into revenue service without CITY authorization. No
vehicle shall be deployed outside its assigned mode (fixed route or paratransit) without
CITY authorization.
DATA & REPORTS
MONTHLY REPORTS
The following performance indicators must be reported monthly;
■ Ridership from each day of previous month, sorted by route and fare type
• Roadcalls with reason for call and summary (date, time)
■ Number of missed/late trips, including route number, day/time, and cause
• Number of complaints, nature of complaint, resolution, video clip if relevant (See
description in Section 2.9.5 below) & status of follow-up efforts
■ Total accidents, sorted by preventable versus non -preventable
■ Passenger incidents
■ Wheelchair boardings
■ Number of overloads experienced
■ Number of Drug and Alcohol tests and outcome of tests
■ Route performance, including ridership, fares collected, revenue hours and revenue
miles by route, passengers per hour, deadhead hours and miles by route
■ Driver/Dispatcher training activities
■ Requests for services not currently being provided
■ Summary of preventative maintenance cycles due and performed, with type of PM
noted (maintenance)
• Summary of downed vehicles (unavailable for operations, beyond PMs)
(maintenance) and estimated time for reinstatement to revenue service
• Vehicle Miles by vehicle — Fleet Roster update
■ An array of accurate reports as produced by industry standard state-of-the-art
paratransit scheduling software, including NTD reports.
Resolution No. 2018-055 N.C.S. Page 39
For Petaluma Paratransit service, CITY will select the format and type of reports required. Key metrics that
must be easily produced include:
■ Daily booked trips
■ Cancellations
■ "No show" Trips
■ Attendant/Companion Trips
■ Revenue Miles
■ Deadhead Miles
■ Revenue Hours
■ Deadhead Hours
■ Fare breakdown (cash, tickets, free rides, institutional billed clients)
• Number of vehicles in service
• Number of Subscription Trips
■ Evaluation Trips
■ Trips utilizing a bus lift
■ Number of denials due to insufficient capacity or adversarial denials
■ Number of late trips
■ Indication of excessively long trips and longest trip travel time.
OTHER PERIODIC REPORTS
Written accident and incident reports must be submitted to the CITY within one business day.
Report should include supervisor's report and police report if these are available.
Quarterly Distribution/Expenditure report on 2.9.9 incentive monies
Annual parts inventory.
RIDERSHIP REPORTS
Ridership information will be collected on all Petaluma Transit services on a daily basis. Ridership shall be
tallied on the Avail MDT Fare Screen, as well as tallied on the traditional clicker installed in each bus, then
entered onto each drivers printed manifest. Ridership will be separated by route, trip, day, and fare category.
This report will be e-mailed in Excel format as a part of the monthly report and may be requested more often
at CITY discretion.
PASSENGER COMPLAINTS
CONTRACTOR will contact by telephone, and follow up with written correspondence (if necessary, as
deemed by CONTRACTOR or CITY) to the complaint. If an investigation is required, CONTRACTOR will
conduct an investigation and the initiator will be contacted by telephone or written correspondence regarding
the results of the investigation. CONTRACTOR shall respond to passenger complaints within one (1)
business day of receipt. The CONTRACTOR will be required to track and submit written report to CITY,
all complaint information within two (2) business days of receipt. CONTRACTOR shall resolve all
complaints within a timely manner and submit a summary of the resolution to the CITY. CONTRACTOR
will be responsible for reviewing video recordings, making clips of incidents/complaints and providing said
Resolution No. 2018-055 N.C.S. Page 40
video clips to the CITY upon request. The CITY may implement a new customer service tracking software
and would require CONTRACTOR utilization of this system.
NTD REPORTING
All public transit service provided for CITY, including fixed route, and ADA paratransit must be reported
annually to the Federal Transit Administration (FTA) in a completed National Transit Database (NTD)
report. As part of the annual NTD reporting requirement, the CONTRACTOR shall conduct on -board data
sampling in any year CITY is required to sample as directed by the FTA/NTD, to statistically compute valid
passenger mile data. The CITY conducted a full -sampling in Fiscal Year 2016-17. The City of Petaluma is
currently on a three year sampling cycle per FTA guidelines, so it is very possible that sampling will again
occur in FY 2019-20. CITY is working with NTD and Avail (AVL/CAD system on its fixed route buses) to
certify the ridership data being generated by Avail prior to FY 2019-20. If this is successful no further manual
sampling will be required. CITY staff in collaboration with CONTRACTOR will perform NTD -compliant
sampling per the following procedures.
CITY shall generate and provide to CONTRACTOR a list of all trips to be sampled in advance of the
sampling period. The CONTRACTOR agrees to use the technique described in FTA Circular C 2710.IA
(dated July 18, 1988) or any subsequent FTA Circular to perform the samples. The CONTRACTOR shall
submit the daily random sample trip sheets no later than the tenth (10'x') calendar day for the previous month's
sampled trips. CONTRACTOR shall conduct any mandatory sampling that NTD may require of Petaluma
Transit at any time during contract term. CITY staff assists with sampling of trips; however,
CONTRACTOR shall cover trips that CITY staff are unable or unwilling to sample.
DRUG-FREE WORKPLACE POLICY
The CONTRACTOR is required to develop and implement procedures which comply with the CITY of
Petaluma Drug -Free Workplace Policy and applicable FTA requirements.
PERFORMANCE SPECIFICATIONS
All performance specifications will be strictly adhered to in order to provide the highest level of service
possible. The CITY of Petaluma will use its Avail AVL/CAD system, as well as whichever paratransit
scheduling software is utilized, to monitor and evaluate CONTRACTOR in its performance of the Contract
to ensure all performance specifications are adhered to.
To receive full compensation, the CONTRACTOR is required to meet or exceed the following standards of
performance on a monthly basis:
Operating Performance Standards - Vehicles shall be operated with due regard for the safety,
comfort and convenience of passengers and the general public. Service shall be provided as
scheduled or according to any adjusted schedule established by CITY, including route modifications
required as a result of a declared emergency. The CONTRACTOR shall strive to maintain on-time
performance; however, CONTRACTOR shall not be held responsible for the failure to provide on-
time service due to weather, unavoidable vehicle malfunctions, traffic congestion, or naturally
occurring disasters, if sufficient documentation is provided to CITY.
Personnel Performance Standards
Resolution No. 2018-055 N.C.S. Page 41
KNOWLEDGE OF SERVICE
All 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 passenger relations, and working effectively with difficult customers/crowd
control. Personnel must report passenger complaints and/or operation problems to the
CONTRACTOR's designated representative/Manager who will be responsible to inform
the Transit Division Manager, or his designee. All passenger complaints must be reported
to CITY within one (1) business day of being received.
COLLECTION OF DATA
Drivers must diligently record operating data (fares, transfer requests) via the Avail AVL
system and traditional paper manifests accurately and completely each shift, and submit the
required operating reports each day. Drivers must also strive to make all timed connections
using the AVL system and radios to coordinate passenger transfer opportunities.
INCENTIVES
It is the intention of the CITY to provide incentives for performance to encourage and
stimulate expected transit service provision. Incentives will be measured via
CONTRACTOR provided records and the existing Avail AVL system, plus whichever
paratransit software system is deployed, and calculated and paid quarterly. Incentive
payments must be spent at the site for the benefit of the employees. The incentives include:
■ Preventable Accidents: The CONTRACTOR will be eligible for an incentive
of $500 per month if it meets the standard of ZERO preventable accidents per
month.
■ ADA Paratransit Productivity: The CONTRACTOR will be eligible for an
incentive of $700 per month if it exceeds the standard of 3.0 passengers per
revenue hour, while still maintaining 90% on-time performance.
■ Road calls: The CONTRACTOR will be eligible for an incentive of $500 per
month if it meets the standard of ZERO road calls per month.
■ Timely Provision of Trips: The CONTRACTOR will be eligible for an
incentive of $300 per month if it meets the standard of ZERO late yard pulls/on-
street reliefs per month. (Fixed Route) "LATE YARD PULL" is 10 minutes or
more after specified time for yard departure.
■ Maintenance Manager certification: The CONTRACTOR will be eligible for
an incentive of $80 per month for the Maintenance Manager position being fully
occupied (without any vacancy) with employee holding ASE A and H Master
Certifications over prior year while serving as Maintenance Manager for
Petaluma Transit under CONTRACTOR.
■ Timely hiring.- The CONTRACTOR will be eligible for an incentive of $500
per instance of filling a vacant driver, bus fueler/washer, or maintenance tech
position and $1,000 for Maintenance Manager or General Manager vacancy
being filled within 30 days of the position being vacated and providing the
newly hired employee is still employed after a period of 90 days from initial
hiring date.
Resolution No. 2018-055 N.C.S. Page 42
LIQUIDATED DAMAGES
The 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 CITY to deduct the amount of
liquidated damages from the monthly amount due the CONTRACTOR. Liquidated
Damages events will be measured via CONTRACTOR provided records and the existing
Avail AVL system, plus whichever paratransit software system is deployed, and calculated
and paid quarterly.
From the nature of the services to be rendered, the CONTRACTOR and the CITY agree
that it is extremely difficult to fix actual damages which. may result from the failure on the
part of the CONTRACTOR to perform certain of its obligations under the Agreement.
CONTRACTOR and CITY agree that the following defaults under the Agreement will
damage the reputation of the CITY's transit program. Such damage shall reduce the
ridership, and, therefore the revenue for such program. Accordingly, it is hereby agreed that
the CITY shall be entitled to the following liquidated damages as compensation for such
damage. Liquidated Damages include:
• Failure to Voluntarily Report.• $100 for each occurrence of an action that
would trigger liquidated damages per this contract that is NOT REPORTED
TO THE CITY WITHIN the specified reporting window. This includes
failure to deduct revenue hours driven by road supervisors and/or managers
from monthly billing.
• Falsification of Reports: $500 for each occurrence of the CONTRACTOR
submitting knowingly false or misleading information to the CITY.
• Late Pard Pull/Late Trip (Fixed Route): $50 for each bus trip that is more
than 10 minutes late departing its initial timepoint in revenue service, due to
mechanical or staffing problems such as late reporting drivers.
• Absent supervisory staff. $200 for each day of CONTRACTOR having less
than one General Manager or Road Supervisor personnel on duty at all times
during service operations, including prior to driver rollout to assure complete
route coverage/schedule adherence.
• Inproper bus/van usage: $200 per day for each occurrence of
CONTRACTOR usage of fixed -route bus or paratransit vehicle for purpose
of driver relief, shift change or shuttling drivers, instead of using
CONTACTOR provided vehicle.
• Early Trips, a. k. a. Bus Running "Hot": $25 for each occurrence of bus
departing from any designated time point earlier than its scheduled departure
and/or from any time point within its published schedule. The CITY
maintains a zero -tolerance policy on "running hot", and allows a one -minute
(1) grace period, hence two (2) minutes early departing any timepoint
constitutes "running hot".
• Failure to Properly Train Drivers: $100 for each Failure to train each driver
assigned to this Contract in accordance with CITY requirements and
CONTRACTOR's training program approved by CITY. This may be
enforced in cases of driver incompetence such as, but not limited to: off
Resolution No. 2018-055 N.C.S. Page 43
route, missed stops, bypasses, poor customer service resulting in complaints,
etc.
• Failure to Properly Train Dispatchers: $500 for each Failure to train each
dispatcher assigned to this Contract in accordance with CITY requirements
and CONTRACTOR's training program approved by CITY. This includes
failure to train dispatchers with regular training intervals included in
CONTACTOR training guide materials in Exhibit A.
• Failure to Provide Service/Missed Trip fixed route): $150 for each missed
trip, defined as 20 minute or more later than scheduled departure times from
published timepoints, when CONTRACTOR are unable to provide regularly
scheduled service due to a lack of available bus drivers or revenue vehicles
that meet minimum vehicle standards. This includes having all safety items
fully operational; (i.e., lights, brakes, horn, tires, wheelchair tie downs, seat
belts, etc.), and having fully operational heating and air conditioning,
wheelchair ramps and lifts, securement belts, flip seats, radios, fareboxes,
and destination signs.
• Failure to Provide Service/Missed Trip (Paratransit): $150 for each missed
trip, defined as arrival at a pickup more than 20 minutes or more past the
assigned pickup window, when CONTRACTOR is unable to provide
regularly scheduled service due to a lack of available bus drivers or revenue
vehicles that meet minimum vehicle standards. This includes having all
safety items fully operational.
• Operator discourtesy: $75 per reported/verified occurrence.
• Smoking violation: $50 per occurrence of CONTACTOR employee violating
smoking policy including but not limited to: smoking within 555 N.
McDowell facility (excepting designated smoking area) or any bus stop,
transfer point or Park -n -Ride.
• Uniform violation: $50 per occurrence of CONTACTOR employee violating
uniform policy guidelines included within this contract.
• Management.• Change of CONTRACTOR General Manager or Maintenance
Manager/Mechanic with or without City approval; after 30 days of the
position be vacated, City shall withhold $500 of payments each week that
the City is not provided with an FTE replacement for this position, as
liquidated damages from CONTRACTOR.
• Maintenance tech & bus washer/feeler - $300 for each week, after 30 days
of the position being vacated, that the City is not provided with an FTE
replacement for this position, as liquidated damages from CONTRACTOR.
• Customer Complaints: Failure to investigate, bring to resolution and
document (report to CITY through the complaint management software) any
passenger complaint within two (2) business days, $75 per occurrence.
The CONTRACTOR shall deduct from its billing rate all 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, shall not act as a waiver as to the CITY's right to enforce the
Resolution No. 2018-055 N.C.S. Page 44
provisions of said Contract, or assess liquidated damages in the future. The assessment of liquidated
damages and/or deductions as provided under this Contract shall in no way relieve the
CONTRACTOR of its obligation to provide sufficient service, vehicles, or drivers, or to meet any
of the terms of this contract.
MARKETING AND PUBLIC RELATIONS
The CITY of Petaluma shall be responsible for all marketing and public relations activities relating
to Petaluma Transit.
CITY shall furnish all schedules, maps, transfers, passes and other printed materials required for
marketing the service to the CONTRACTOR. The CONTRACTOR shall distribute Petaluma
Transit passenger notices, cooperate, and participate in marketing promotions, advertising, public
relations, and public education programs and projects undertaken by CITY from time to time. CITY
shall be the exclusive public media spokesperson in connection with transportation service. Under
no circumstances shall the CONTRACTOR or its employees be permitted to distribute any
unauthorized printed or written materials pertaining to Petaluma Transit service without permission
from the CITY of Petaluma.
CONTRACTOR shall bill CITY at the regular fixed route billing rate in effect at the time for all
marketing events that require a non -regularly scheduled bus/driver.
ADVERTISING ON EXTERIOR AND INTERIOR OF BUSES AND IN BUS SHELTERS
The CITY of Petaluma may, during the course of this Contract, require the CONTRACTOR to allow
prospective contractors contracted by the CITY access to all buses assigned to this contract to install
and remove advertising material. All advertising materials are subject to CITY approval prior to
being installed.
At this time, CITY administers the CITY's bus and shelter advertising program and provides signage
to CONTRACTOR to install (in existing frames for fixed -route, and vinyl applied directly onto the
exterior of the paratransit vans). CONTRACTOR shall support CITY in administering the
advertising revenue program, including installing and removing signs/posters as requested. Shelter
posters are installed and removed from CITY -owned shelters by a combination of CITY and
CONTRACTOR staff. At this time, sales of (and activity involved with) shelter posters are minimal,
but it is anticipated that these spaces will increase in activity during the term of this agreement.
CITY is considering awarding a new third -party contract that will provide these services.
CONTRACTOR will be responsible for working with contractors to ensure a successful bus exterior
advertising contract program.
SIGNAGE
CONTRACTOR shall display required head, side, and tail signage, in plain view, in all Petaluma
Transit vehicles, while in revenue service. CITY will supply CONTRACTOR with software
programs for electronic head signage and update said at its discretion. CITY's Avail AVL software
operates the headsigns for CONTRACTOR drivers when functioning normally. During times when
the Avail system is not functioning normally, drivers are required to manually program the headsign
controller unit. CITY Transit Division Manager reserves the right to direct CONTRACTOR as to
which messages shall be displayed during revenue services as required. CONTRACTOR shall be
responsible for ensuring proper function and display of revenue vehicle signage at all times.
Resolution No. 2018-055 N.C.S. Page 45
OPERATING DURING AN EMERGENCY
In the event of an emergency, CONTRACTOR shall deploy vehicles in a manner described by the
CITY. Emergency service does NOT constitute an expansion of service. CITY shall be obligated
to compensate CONTRACTOR for emergency service that significantly exceeds the normal expense
of operating the transit service during such period of declared emergency. CONTRACTOR shall be
responsible for accurate tracking and reporting to CITY of all resources (labor & other) expended
in the provision of emergency service.
CONTRACTOR employees are required to report for duty and participate in the role of government
emergency response personnel.
EMERGENCY SERVICE PLANNING
The CONTRACTOR shall participate in CITY emergency preparedness planning and drills.
Examples of emergencies shall include: electrical power failure, earthquakes, strikes, wildfires, and
other natural disasters. Staff shall be appropriately trained in proper handling of these situations.
MODIFICATION OF SERVICE AND FARES
In the event of an emergency that is declared as such by local authorities or if decided by the CITY
Transit Division Manager, the established notice of fare and service changes shall not apply, and
CONTRACTOR will use its best efforts to effect at the earliest possible opportunity the modification
of the existing service, or the addition of service that is ordered by the CITY to respond to the
emergency.
Resolution No. 2018-055 N.C.S. Page 46
FTA GRANT CONTRACT PROVISIONS (SERVICES)
The FTA Grant Contract Provisions set forth herein shall be incorporated into and become part of
the contemplated contract documents executed in connection with an award of this contract to the
CONTRACTOR. In case of any conflict or discrepancy, the FTA Grant Contract Provisions set
forth herein shall prevail over all other terms and conditions contained in this Professional
Services Agreement/contract. Parties referenced in the following clauses are defined as:
"Awarding Agency" is the sub -recipient of the State of California Department of Transportation.
"PROJECT" is the Awarding Agency's federally supported project.
"CONTRACTOR" is the third -party prospective contractor who has entered into this third -party
contract with the Awarding Agency to provide goods or services directly to the Awarding Agency
for the accomplishment of the PROJECT.
"Sub -agreements" are agreements made between the CONTRACTOR and any subcontractors to
facilitate the accomplishment of this third -party contract.
NO OBLIGATION TO THIRD -PARTIES BY USE OF A DISCLAIMER
A. No Federal Government Oblijzation to Third Parties. The CONTRACTOR agrees that,
absent of the Federal Government's express written consent, the Federal Government shall
not be subject to any obligations or liabilities to any contractor, any third -party contractor,
or any other person not a party to the Grant Agreement in connection with the performance
of the PROJECT. Notwithstanding any concurrence provided by the Federal Government
in or approval of any solicitation, or third -party agreement, the Federal Government
continues to have no obligation or liabilities to any party, including the CONTRACTOR or
third -party contractor.
B. Third -Party Contracts and Sub -agreements Affected. To the extent applicable, federal
requirements extend to third -party contractors and their contracts at every tier, and to the
sub -agreements of third -party contractors and the sub -agreements at every tier.
Accordingly, the CONTRACTOR agrees to include, and to require its third -party
contractors to include appropriate clauses in each third -party contract and each sub -
agreement financed in whole or in part with financial assistance provided by the FTA.
C. No Relationship between the California Department of Transportation and Third -Party
Contractors. Nothing contained in this Contract or otherwise, shall create any contractual
relationship, obligation or liability between the California Department of Transportation and
any third -party contractors, and no third -party contract shall relieve the CONTRACTOR of
his responsibilities and obligations hereunder. The CONTRACTOR agrees to be fully
responsible to the Awarding Agency for the acts and omissions of its third -party contractors
and of persons either directly or indirectly employed by any of them as it is for the acts and
Resolution No. 2018-055 N.C.S. Page 47
omissions of persons directly employed by the CONTRACTOR. The CONTRACTOR'S
obligation to pay its third -party contractors is an independent obligation from the Awarding
Agency's obligation to make payments to the CONTRACTOR. As a result, the California
Department of Transportation shall have no obligation to pay or to enforce the payment of
any moneys to any third -party contractor.
D. Obligations on Behalf of the California Department of Transportation. The CONTRACTOR
shall have no authority to contract for or on behalf of, or incur obligations on behalf of the
California Department of Transportation.
E. Awarding Agency Approval of Sub -agreements. The Awarding Agency shall approve in
writing all proposed Sub -agreements, Memorandums of Understanding (MOU), or similar
documents relating to the performance of the Contract prior to implementation. The
CONTRACTOR agrees that it will not enter into any Sub -agreements unless the same are
approved in writing by the Awarding Agency. Any proposed amendments or modifications
to such Sub -agreements must be approved by the Awarding Agency prior to
implementation.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS
A. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and US Department of
Transportation regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its
actions pertaining to this PROJECT. Upon execution of an underlying contract, the
CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, it may make, or causes to be made, and pertaining to the underlying
contract or the federally assisted PROJECT for which this contracted work is being
performed. In addition to other penalties that may be applicable, the CONTRACTOR
further acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 in the
CONTRACTOR to the extent the Federal Govermnent deems appropriate.
B. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a PROJECT that is financed in whole or in
part with federal assistance originally awarded by the FTA under the authority of 49
U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18
U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the CONTRACTOR, to the
extent the Federal Government deems appropriate.
C. The CONTRACTOR agrees to include the above two clauses in each sub -agreement
financed in whole or in part with Federal Assistance provided by the California
Department of Transportation. It is further agreed that these clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
Resolution No. 2018-055 N.C.S. Page 48
3. ACCESS TO RECORDS AND REPORTS
Access to Records
The Awarding Agency, the California Department of Transportation, the State Auditor
General, and any duly authorized representative of the Federal government shall have
access to any books, records, and documents of the CONTRACTOR and its
subcontractors that are pertinent to this Contract of audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested. The CONTRACTOR shall
include a clause to this effect in every sub -agreement entered into relative to the
PROJECT.
Record Keeping
The CONTRACTOR and all subcontractors shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of this Contract. All
parties shall make such materials available at their respective offices at all reasonable
times during the performance and for three (3) years from the date of final payment under
this Contract and all sub -agreements.
Accounting Records
The CONTRACTOR shall establish and maintain separate accounting records and
reporting procedures specified for the fiscal activities of the PROJECT. The
CONTRACTOR'S accounting system shall conform to generally accepted accounting
principles (GAAP) and uniform standards that may be established by California
Department of Transportation. All records shall provide a breakdown of total costs
charged to the PROJECT including properly executed payrolls, time records, invoices, and
vouchers.
4. FEDERAL CHANGES, AMENDMENTS TO STATE, AND LOCAL LAWS,
REGULATIONS, AND DIRECTIVES
The terms of the most recent amendments to any federal, State, or local laws, regulations,
FTA directives, and amendments to the grant or cooperative contract that may be
subsequently adopted, are applicable to the PROJECT to the maximum extent feasible,
unless the California Department of Transportation provides otherwise in writing.
5. CIVIL RIGHTS (TITLE VI, EEO, & ADA)
During the performance of this Contract, the CONTRACTOR its assignees and successors
in interest, agree to comply with all federal statutes and regulations applicable to grantee
sub -recipients under the Federal Transit Act, including, but not limited to the following:
A. Race, Color, Creed, National Origin, Sex. In accordance with Title VI of the Civil Rights
Act, as amended, 42 U.S.C. Section 2000e, and federal transit law at 49 U.S.C. Section
5332, the CONTRACTOR Agrees to comply with all applicable equal employment
Resolution No. 2018-055 N.C.S. Page 49
opportunity (EEO) requirements of the U.S. Department of Labor (U.S. DOL) regulations,
"Office of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246,
"Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. Section
2000e note), and with any applicable federal statutes, executive orders, regulations, and
federal policies that may in the future affect construction activities undertaken in the course
of the PROJECT. The CONTRACTOR agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard
to their race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following; employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation;
and selection from training, including apprenticeship. In addition, the CONTRACTOR
agrees to comply with any implementing requirements the California Department of
Transportation any issue.
B. Nondiscrimination. The CONTRACTOR, with regard to the work performed by it during
the contract term shall act in accordance with Title VI. Specifically, the CONTRACTOR
shall not discriminate on the basis of race, color, national origin, religion, sex, age, or
disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The CONTRACTOR shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the U.S. Department of
Transportation's Regulations, including employment practices when the Contract covers a
program whose goal is employment. Further, in accordance with Section 102 of the
Americans with Disabilities Act (ADA), as amended, 42 U.S.C. Section 12112, the
CONTRACTOR agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the CONTRACTOR agrees to comply
with any implementing requirements the California Department of Transportation may
issue.
C. Solicitations for Subcontractors Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding or negotiation by the CONTRACTOR for work
performed under a sub -agreement, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR
of the subcontractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports. The CONTRACTOR shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information and its facilities as may be
determined by the Awarding Agency or the California Department of Transportation to be
pertinent to ascertain compliance with such Regulations or directives. Where any
information required of a CONTRACTOR is in the exclusive possession of another who
fails or refuses to furnish the information, the CONTRACTOR shall certify to the Awarding
Resolution No. 2018-055 N.C.S. Page 50
Agency of the California Department of Transportation as appropriate, and shall set fourth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the CONTRACTOR'S noncompliance with
the nondiscrimination provisions of the Contract, the Awarding Agency shall:
1. Withholding of payment to the CONTRACTOR under the Contract until the
CONTRACTOR complies, and/or
2. Cancellation, termination, or suspension of the Contract, in whole or in part.
F. Incorporation of Provisions. The CONTRACTOR shall include the provisions of these
paragraphs A through F in every sub -agreement, including procurements of materials and
leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.
The CONTRACTOR will take such action with respect to any subcontractor or procurement
as the Awarding Agency or the California Department of Transportation may direct as a
means of enforcing such provisions including sanctions for noncompliance; provided,
however, that in the event a CONTRACTOR becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such directions, the CONTRACTOR
may request the Awarding Agency to enter into such litigation to protect the interest of the
Awarding Agency, and, in addition, the CONTRACTOR may request the California
Department of Transportation to enter into such litigation to protect the interests of the
California Department of Transportation.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with
any California Department of Transportation requests which would cause the California
Department of Transportation to be in violation of the FTA terms and conditions. The
CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with
any Awarding Agency requests which would cause the Awarding Agency to be in violation
of the FTA terms and conditions.
7. ENERGY CONSERVATION
The CONTRACTOR agrees to comply with the mandatory energy efficiency standards and
policies within the applicable California Department of Transportation energy conservation
plans issued in compliance with the Energy Policy and Conservation Act, 42, U.S.C. Section
6321 et seq.
Resolution No. 2018-055 N.C.S. Page 51
8. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The CONTRACTOR agrees to comply with U.S. Department of Transportation regulations,
"Participation by Disadvantaged Enterprises in Department of Transportation Financial
Assistance Programs," 49 CFR Part 26 and will cooperate with the California Department
of Transportation with regard to maximum utilization of disadvantaged business enterprise,
and will use its best efforts to ensure that disadvantaged business enterprise shall have the
maximum opportunity to compete for sub contractual work under this Contract.
Prompt Payment and Return of Retainage
A. All payments to the CONTRACTOR shall be made in accordance with California
Government Code (GC), Chapter 4.5, commencing with Section 927, which is known
as the California Prompt Payment Act. If an authorized disbursement is not made
within the thirty (30) calendar -day departmental limit stipulated by the California
Prompt Payment Act, interest penalties may be payable to the CONTRACTOR.
B. Unless the approved project is for Construction, the CONTRACTOR shall not hold
retainage (withhold retention) from any subcontractor. The STATE shall not hold
retainage (i.e. withhold retention) from any CONTRACTOR.
C. If a dispute arises regarding Construction projects only, the CONTRACTOR may
exercise its rights under California Public Contract Code (PCC) Sections 10262 and
10262.5 or California Business and Professions Code (BPC) Section 7108.5, as
applicable.
D. The CONTRACTOR must pay third -parry contractors within 7 days of receipt of
each undisputed progress payment from the STATE, unless the PROJECT is for
Construction. In the case of a Construction project only, the CONTRACTOR is
required to pay its subcontractors for satisfactory performance of work related to this
Agreement no later than 30 days after the CONTRACTOR's receipt of payment for
that work from the STATE. In addition, the CONTRACTOR is required to return
any retainage (retention) payment to any subcontractor within 30 days after the
subcontractor's work related to this Agreement is satisfactorily completed.
9. INTELLIGENT TRANSPORTATION SYSTEMS (ITS) NATIONAL ARCHITECTURE
To the extent applicable, the CONTRACTOR agrees to conform to the National Intelligent
Transportation System (ITS) Architecture and Standards as required by 23 U.S.C. Section
517(d), 23 U.S.C. Section 512 note, and 23 CFR Part 655 and 940, and follow the provisions
of the FTA Notice, "FTA National ITS Architecture Policy on Transit projects," 66 Fed.
Reg. 1455 et seq., January 8, 2001, and any other implementing directives the FTA may
issue at a later date, except to the extent the FTA determines otherwise in writing.
Resolution No. 2018-055 N.C.S. Page 52
10. ADDITIONAL TERMINATION PROVISIONS
A. Termination for Convenience (General Provision). When it is in the Awarding Agency's
best interest, the Awarding Agency reserves the right to terminate this Contract, in whole
or in part, at any time by providing a TEN (10) DAY WRITTEN NOTICE to the
CONTRACTOR. The CONTRACTOR shall be paid its costs, including contract closeout
costs, and profit on work performed up to the time of termination. The CONTRACTOR
shall promptly submit its termination claim to the Awarding Agency. If the CONTRACTOR
has any property in its possession belonging to the Awarding Agency, the CONTRACTOR
will account for the same, and dispose of it in the manner the Awarding Agency directs.
B. Termination for Default (General Provision). If the CONTRACTOR does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services,
the CONTRACTOR fails to perform in the manner called for in the contract, or if the
CONTRACTOR fails to comply with any other provisions of the contract, the Awarding
Agency may terminate this contract for default. Termination shall be effected by serving a
notice of termination on the CONTRACTOR setting forth the manner in which the
CONTRACTOR is in default. The CONTRACTOR will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the Awarding Agency that the CONTRACTOR had an excusable
reason for not performing, such as a strike, fire, or flood, events which are not the fault of
or are beyond the control of the CONTRACTOR, the Awarding Agency, after setting up a
new delivery of performance schedule, may allow the CONTRACTOR to continue work,
or treat the termination as a termination for convenience.
C. Mutual Termination. The PROJECT may also be terminated if the Awarding Agency and
the CONTRACTOR agree that its continuation would not produce beneficial results
commensurate with the further expenditure of funds or if there are inadequate funds to
operate the PROJECT equipment or otherwise complete the PROJECT.
11. DEBARMENT AND SUSPENSION
A. The CONTRACTOR agrees to comply with the requirements of Executive Order Nos.
12549 and 12689, "Debarment and Suspension," 31 U.S.C. Section 6101 note; and U.S.
DEPARTMENT OF TRANSPORTATION regulations on Debarment and Suspension and
49 CFR Part 29.
B. Unless otherwise permitted by the California Department of Transportation, the
CONTRACTOR agrees to refrain from awarding any third -party contract of any amount to
or entering into any sub -contract of any amount with a party included in the "U.S. General
Services Administration's (U.S. GSA) List of Parties Excluded from Federal procurement
and Non -procurement Program," implementing Executive Order Nos. 12549 and 12689,
"Debarment and Suspension" and 49 CFR Part 29. The list also include the names of parties
debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible
Resolution No. 2018-055 N.C.S. Page 53
for contract award under statutory or regulatory authority other than Executive Order Nos.
12546 and 12689.
C, Before entering into any sub -agreements with any subcontractor, the CONTRACTOR
agrees to obtain a debarment and suspension certification from each prospective recipient
containing information about the debarment and suspension status and other specific
information of that awarding agency and its "principals," as defined at 49 CFR Part 29.
D. Before entering into any third -party contract exceeding $25,000,00, the CONTRACTOR
agrees to obtain a debarment and suspension certification from each third -party contractor
containing information about the debarment and suspension status of that third -party
contractor and its "principals," as defined at 49 CFR 29.105(p). The CONTRACTOR also
agrees to require each third -party contractor to refrain from awarding any sub -agreements
of any amount, at any tier, to a debarred or suspended subcontractor, and to obtain a similar
certification for any third -party subcontractor, at any tier, seeking a contract exceeding
$25,000.00.
12. BUY AMERICA
The CONTRACTOR shall comply with the Buy -America requirements of 49 U.S.C.
53230) and 49 CFR Part 661 for all procurements of steel, iron, and manufactured products
used in PROJECT. Buy -America requirements apply to all purchases, including materials
and supplies funded as operating costs, if the purchase exceeds the threshold for small
purchases (currently $100,000.00). Separate requirements for rolling stock are set out at 49
U.S.C. 53230)(2)(c) and 49 CFR 661.11. Rolling stock must be assembled in the United
States and have a 60 percent domestic content.
13 PROVISIONS FOR RESOLUTION OF DISPUTES, BREACHES, OR OTHER
LITIGATION
The Awarding Agency and the CONTRACTOR shall deal in good faith and attempt to
resolve potential disputes informally. If the dispute persists, the CONTRACTOR shall
submit to the Awarding Agency Representative for this Contract or designee a written
demand for a decision regarding the disposition of any dispute arising under this Contract.
The Awarding Agency Representative shall make a written decision regarding the dispute
and will provide it to the CONTRACTOR. The CONTRACTOR shall have the opportunity
to challenge in writing within ten (10) working days to the Awarding Agency's Executive
Director or his/her designee. If the CONTRACTOR'S challenge is not made within the ten
(10) day period, the Awarding Agency Representative's decision shall become the final
decision of the Awarding Agency. The Awarding Agency and the CONTRACTOR shall
submit written, factual information and supporting data in support of their respective
positions. The decision of the Awarding Agency shall be final, conclusive, and binding
regarding the dispute, unless the CONTRACTOR commences an action in court of
competent jurisdiction to contest the decision in accordance with Division 3.6 of the
California Government Code,
Resolution No. 2018-055 N.C.S. Page 54
14. LOBBYING
A. The CONTRACTOR agrees that it will not use federal assistance funds to support lobbying.
In accordance with 31 U.S.C. and U.S. Department of Transportation Regulations, "New
Restrictions on Lobbying." 49 CFR Part 20, if the bid is for an award for $100,000.00 or
more the Awarding Agency will not make any federal assistance available to the
CONTRACTOR until the Awarding Agency has received the CONTRACTOR'S
certification that the CONTRACTOR has not and will not use federal appropriated funds to
pay any person or organization to influence or attempt to influence an officer or employee
of any federal agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal grant,
cooperative agreement, or any other federal award from which funding for the PROJECT is
originally derived, consistent with 31 U.S.C. Section 1352, and;
B. If applicable, if any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an office or employee of any
federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress, in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with the form instructions.
C. The CONTRACTOR shall require that the language of the above two clauses be included
in the award documents for all sub -awards at all tiers (including sub -agreements, sub -grants,
and contracts under grants, loans, and cooperative agreements) which exceed $100,000.00
and that all awarding agencies shall certify and disclose accordingly.
This Contract is a material representation of facts upon which reliance was placed when the
Contract was made or entered into. These provisions are a prerequisite for making or
entering into a Contract imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to comply with these provisions shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each failure.
15. CLEAN AIR ACT
A. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq. The
CONTRACTOR agrees to report each violation to the Awarding Agency and understands
and agrees that the Awarding Agency will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
B. The CONTRACTOR also agrees to include these requirements in each sub -agreement
exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
Resolution No. 2018-055 N.C.S. Page 55
16. CLEAN WATER ACT
A. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et seq. The CONTRACTOR agrees to report each violation to the Awarding Agency and
understands and agrees that the Awarding Agency will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
B. The CONTRACTOR also agrees to include these requirements in each sub -agreement
exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
17. FLY AMERICA
A. Shipments by Ocean Vessel. For third -party contacts that may involve equipment,
materials, or commodities which may be transported by ocean vessels, the
CONTRACTOR and sub -agreements must comply with 46 U.S.C. Section 55303 and 46
CFR Part 381, "Cargo Preferences -U.S. Flag Vessels."
B. Shipments by Air Carrier. For third -party contracts that may involve shipments of
federally assisted property by air carrier, the CONTRACTOR and sub -agreements must
comply with the "Fly America" Act and 49 U.S.C. Section 40118, "Use of United States
of America Flag Carriers," and 41 CFR Section 301-10.131 through 301-10.143.
C. Project Travel. In accordance with Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1973, as amended, ("Fly America" Act), 49 U.S.C. 40118
and 41 CFR Part 301-10, the CONTRACTOR and all subcontractors are required to use
U.S. Flag air carriers for U.S. Government -financed international air travel and
transportation, to the extent such service is available or applicable.
18. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
The CONTRACTOR agrees to comply with applicable transit employee protective
requirements, as follows:
A. The CONTRACTOR agrees to carry out the transit operations work on the underlying
contract in compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees employed under this
Contact and to meet the employee protective requirements of 49 U.S.C. 5333(b), and
U.S.DOL guidelines at 29 CFR Part 215, and any amendments there to.
B. The CONTRACTOR also agrees to include the applicable requirements in each sub -
agreement involving transit operations financed in whole or in part with federal assistance
provided by the FTA.
19. CHARTER SERVICE OPERATIONS
Resolution No. 2018-055 N.C.S. Page 56
The CONTRACTOR agrees to comply with 49 U.S.C. Section 5323(d) and 49 CFR Part
604, which provides that recipients and awarding agencies of the FTA assistance are
prohibited from providing charter service using federally funded equipment or facilities if
there is at least one private charter operator willing and able to provide the service, except
under one of the exceptions listed at 49 CFR -Subpart B. Any charter service provided under
one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the
provision of mass transportation. The CONTRACTOR assures and certifies that the
revenues generated by its incidental charter bus operations (if any) are, and shall remain,
equal to or greater than the cost (including depreciation on federally assisted equipment) of
providing the service. The CONTRACTOR understands that the requirements of 49 CFR
Part 604 will apply to any charter service provided, the definitions in 49 CFR part 604 apply
to this contract, and any violation of this contract may require corrective measures and the
imposition of penalties, including debarment from the receipt of further federal assistance
for transportation.
20. SCHOOL BUS OPERATIONS
Pursuant to 49 U.S.C. 5323(F) and 49 CFR Part 605, the CONTRACTOR agrees that it and all its
subcontractors will: (1) engage in school transportation operations in competition with private
school transportation operators only to the extent permitted by an exception provided by 49 U.S.C.
5323(F) and implementing regulations, and (2) comply with requirements of 49 CFR Part 605
before providing any school transportation using equipment of facilities acquired with federal
assistance awarded by the FTA and authorized by 49 U.S.C. Chapter 53 or Title 23 U.S.C, for
transportation projects. The CONTRACTOR understands that the requirements of 49 CFR Part 605
will apply to any school transportation it provides, that the definitions of 49 CFR Part 605 apply to
any school transportation agreement, and a violation of the contract may require corrective
measures and the imposition of penalties, including debarment from the receipt of further federal
assistance for transportation.
21. DRUG AND ALCOHOL TESTING
The CONTRACTOR certifies by signing a Contract with the Awarding Agency that it will
provide a drug-free workplace, and shall establish policy prohibiting activities involving
controlled substances in compliance with Government Code Section 8355, et seq. The
CONTRACTOR is required to include the language of this paragraph in award documents
for all sub -awards at all tiers (including sub -agreements, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all awarding agencies shall disclose
accordingly. To the extent the CONTRACTOR, any third -party contractor at any tier, any
awarding agency at any tier, or their employees, perform a safety sensitive function under
the PROJECT, the CONTRACTOR agrees to comply with, and assure the compliance of
each affected third -party contractor at any tier, each affected awarding agency at any tier,
and their employees with 49 U.S.C. Section 5331, and the FTA regulations, "Prevention
of Alcohol Misuse and Prohibited Drug use in Transit Operations," 49 CFR Part 655.
Resolution No. 2018-055 N.C.S. Page 57
The follow drug and alcohol testing options are compliant with drug and alcohol rules.
One of these options must be selected. Options 2 and Options 3 require additional
information to be completed:
The CONTRACTOR agrees to:
Participate in the Awarding Agency's drug and alcohol program established in compliance
with 49 CFR Part 655.
22. RECYCLED PRODUCTS
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive
Order 12873, as they apply to the procurement of the items designated in Subpart B of 40
CFR Part 247.
Resolution No. 2018-055 N.C.S. Page 58
CITY OF PETALUMA
FEDERAL DRUG AND ALCOHOL TESTING REGULATIONS
CONTRACTOR COMPLIANCE GUIDELINES
Effective January 1, 1995, all contract service providers that perform safety -sensitive functions (as
defined by Federal Transit Administration (FTA) rules) for the CITY TRANSIT OPERATION-
PETALUMA TRANSIT (PT) must comply with the FTA drug and alcohol testing regulations (49
CFR Part 653 and Part 654_ and the U.S. Department of Transportation (DOT) Procedures for
Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40). Non-compliance
shall result in suspension or termination of contract and/or non -Payment of outstanding invoices.
For purposes of this compliance program, safety sensitive employees are defined as follows:
Those employees whose job functions are, or whose job descriptions include the performance of
functions, related to the safe operation of mass transportation service.
The following are categories of safety -sensitive functions:
■ operating a revenue service vehicle, including when not in revenue service;
■ operating a non -revenue service vehicle when required to be operated by a holder of a
Commercial Driver's License (CDL);
■ controlling dispatch or movement of a revenue service vehicle or equipment used in revenue
service;
■ maintaining (including repairs, overhaul, and rebuilding) revenue service vehicles or equipment
used in revenue service; and
■ carrying a firearm for security purposes.
Any supervisor who performs or whose job description includes the performance of any function
listed above is also considered a safety -sensitive employee.
Resolution No. 2018-055 N.C.S. Page 59
IMPLEMENTATION GUIDELINES
The Purchasing Officer shall ensure that all contracts for services that include the performance of
safety -sensitive functions as defined above shall include a provision requiring compliance with
mandated DOT/FTA drug and alcohol testing regulations. The City reserves the right to audit the
CONTRACTOR's drug and alcohol testing program prior to awarding the contract.
Prior to start of work, the CONTRACTOR must certify to the Purchasing Officer that their firm is
in compliance with the DOT/FTA regulations. (Compliance can be achieved through an in-house
program or through a consortium.) The certification shall remain in effect during the term of the
contract. A copy of the signed certification shall be sent by the Purchasing Officer to the Transit
Division Manager.
Using the EZ format prescribed by the FTA for the annual report (see appendix B to 49 CFR Part
653 and Part 654), each covered contractor shall send a quarterly drug and alcohol testing report to
the Transit Division Manager. The quarterly report must be submitted no later than the 15" of the
month following the close of each quarter. Continued payment of contractor invoices by the CITY
is contingent upon contractor submission of the required reports on a timely basis and compliance
with FTA -mandated rules.
On an annual basis, and no later than February 15 of each year, each covered contractor shall submit
to the Transit Division Manager annual drug and alcohol testing data using the appropriate FTA
prescribed forms. The report shall cover testing conducted during the previous calendar year.
The Transit Division Manager shall be responsible for filing the contractor's annual reports with
the FTA. The reports shall be submitted to the FTA no later than March 15 of each year.
The Transit Division Manager for each covered contract shall be responsible for the ongoing
monitoring of contractor compliance with DOT/FTA regulations, including ensuring that the
quarterly and annual reports as described above are submitted on time.
On an annual basis, the Transit Division Manager shall audit contractor compliance, which may
include site visits.
The Transit Division Manager shall be responsible for coordinating contractor responses to the
audit findings and ensuring the corrective actions are taken on a timely basis.
Jared Hall, Transit Division Manager
Resolution No. 2018-055 N.C.S. Page 60
FTA CERTIFICATION FORMS
FORM
4A Certification of Restrictions on Lobbying
4B Certification Regarding Financial Contributions
4C Clean Air — Clean Water Certification
4D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
4E Disclosure of Lobbying Activities
Resolution No. 2018-055 N.C.S. Page 61
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, , hereby certify on behalf of
that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, 'Disclosure Form to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
This certificate is a material representation of fact upon which reliance is placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Date Executed:
SIGNATURE:
Name/Title:
Resolution No. 2018-055 N.C.S. Page 62
CERTIFICATION REGARDING FINANCIAL CONTRIBUTIONS
Certification to be executed by CONTRACTOR and each proposed first tier subcontractor whose
subcontract exceeds $100,000. Make additional copies of the Certification as necessary.
CONTRACTOR is responsible for collecting the Certification from each first tier subcontractor whose
subcontract exceeds $100,000 and submitting it along with its own Certification to the CITY when
executing this contract.
The undersigned certifies that:
It will not make any monetary or in-kind contribution (including loans) to any CITY employee,
council member, or any candidate for Council, during the duration of this agreement.
2. It understands that the term "contribution" shall have the same meaning as defined in Government
Code section 82015 and implementing regulations adopted by the Fair Political Practices
Commission.
3. The CONTRACTOR shall continue to comply with this prohibition for three months following
the award of the agreement.
Date:
Name of Firm:
Signature:
Print Name/Title:
Resolution No. 2018-055 N.C.S. Page 63
CLEAN AIR — CLEAN WATER CERTIFICATION
THIS CERTIFICATION APPLIES TO ALL CONTRACTS EXCEEDING $100,000, INCLUDING
INDEFINITE QUANTITIES WHERE THE AMOUNT IS EXPECTED TO EXCEED $100,000 IN ANY
YEAR.
The undersigned certifies that:
Clean Air Certification:
(1) The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuantto the Clean Air Act, as amended, 42 U.S.C. §§7401, et seq. The CONTRACTOR agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
(2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Clean Water Certification:
(1) The CONTRACTOR agrees to comply will all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq. The
CONTRACTOR agrees to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Date:
Name of Firm:
Signature:
Print Name/Title:
Resolution No. 2018-055 N.C.S. Page 64
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
(Pursuant to 49 CFR Pail 29, Appendix B)
A. By signing and entering into this contract, the CONTRACTOR is providing the signed
certification set out below.
The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
2. The CONTRACTOR shall provide immediate written notice to the CITY if at any
time the CONTRACTOR learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 (49 CFR Part 29). You may contact the CITY for assistance
in obtaining a copy of those regulations.
4. The CONTRACTOR agrees by executing this contract that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR
part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing
by the department or agency with which this transaction originated.
The CONTRACTOR further agrees by executing this contract that it will include
the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion", as set out below in Subsection (B), in all subcontracts
and in all solicitations for lower tier covered transactions as modified to identify
the subcontractor.
Resolution No. 2018-055 N.C.S. Page 65
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Non -procurement List issued by U.S. General
Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
Except for transactions authorized under Paragraph 4 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to all remedies available to the Federal
Government, the department or agency with which this transaction originated may
pursue available remedies including suspension and/or debarment.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction
The CONTRACTOR certifies, by submission of this bid or proposal, that neither it
nor its "principals," as defined at 49 C.F.R. § 29.105(p), is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
2. If CONTRACTOR is unable to certify to the statements in this certification,
Proposer shall attach an explanation to this proposal.
Date:
Name of Proposer:
Signature:
Print Name/Title:
Resolution No. 2018-055 N.C.S. Page 66
Form 1.1.2: BUDGET PROPOSAL
OPERATIONS AND MAINTENANCE
Both Modes - Fixed Route and Paratransit
Instructions to Proposers: This Form 1. 1.2 is to be used to submit the budget proposed for all work described in this RFP. The proposed budget must consist of
fixed hourly costs, by mode of service, and fixed monthly costs.DO NOT ADD ADDITIONAL LINES TO FORM, EXCEPTING "OPTIONS" SECTION, IF
Base Years
Option Years
Fiscal Year (FY19 means FY 18-19, July 2018 thru June
2019)
FY19
FY20
FY21
FY22
FY23
FY24
FY26
Variable Cost Per Hour: Fixed Route
$
31.48
$ 33.06
$ 34.33
$ 35.57
$ 37.05
$
38.16
$ 39.26
Variable Cost Per Hour: Paratransit
$
29.90
$ 31.40
$ 32.61
$ 33.78
$ 35.19
$
36.25
$ 37.30
Monthly Fixed Fee
$
63,896
$ 63,080
$ 64,933
$ 66,567
$ 67,761
$
69,473
$ 71,545
Monthly Liability Insurance (General & Auto)
$
5,495
$ 5,543
$ 5,593
$ 5,736
$ 5,822
$
5,877
$ 5,932
Total Monthly Fixed Cost (Fixed Fee + Insurance)
$
69,391
$ 68,624
$ 70,526
$ 72,303
$ 73,584
$
75,350
$ 77,477
One -Time Start -Up Expenses
Elements of CosUHour
Operator Wages
$
20.75
$ 21.74
$ 22.49
$ 23.22
$ 24.13
$
24.74
$ 25.34
Operator Benefits
$
10.22
$ 10.78
$ 11.29
$ 11.78
$ 12.33
$
12.81
$ 13.30
Other Hourly Operating Costs (specify and list):
1. Describe
2. Describe
3. Describe
4. Describe
5. Describe
TOTAL MONTHLY T PER HOUR
Elements of Monthly Fixed Fee
30.972.
33.8
3 .
3 .
General Manager Salary
$
6,375
$ 6,567
$ 6,764
$ 6,967
$ 7,176
$
7,391
$ 7,613
General Manager Benefits
$
1,057
$ 1,103
$ 1,151
$ 1,202
$ 1,255
$
1,311
$ 1,370
Safety & Training SupervisorlRoad Sup. Salary
$
4,071
$ 4,194
$ 4,319
$ 4,449
$ 4,582
$
4,720
$ 4,861
Safety & Training Supervisor/Road Sup. Benefits
$
386
$ 396
$ 407
$ 418
$ 429
$
441
$ 453
Road Supervisor Salary
$
3,587
$ 3,695
$ 3,805
$ 3,920
$ 4,037
$
4,158
$ 4,283
Road Supervisor Benefits
$
345
$ 354
$ 363
$ 373
$ 383
$
393
$ 404
Dispatchers Salary
$
11,178
$ 11,513
$ 11,859
$ 12,215
$ 12,581
$ 13,347
Dispatchers Benefits
$
1,090
$ 1,119
$ 1,148
$ 1,178
$ 1,210
$ 1,275
Paratransit schedulingldisptaching software (lease)
$
1,887
$ 1,915
$ 1,966
$ 1,923
$ 1,980
$ 2,101
Trapeze Self Service Trip Booking
$
121
$ 125
$ 129
$ 133
$ 136
L35
$ 145
Trapeze Text Notification
214
221
$ 228
236
244
260
Subtotal (Monthly Operations)
Mechanic Salary
$
30,313
5,858
31,20
$ 6,034
32,1 0
$ 6,215
33,011
$ 6,402
3 ,0 3
$ 6,594
$
6,791
36,11
$ 6,995
Mechanic Benefits
$
1,229
$ 1,273
$ 1,318
$ 1,366
$ 1,415
$
1,467
$ 1,521
Fleet Technician Salary
$
3,559
$ 3,666
$ 3,776
$ 31889
$ 4,006
$
4,126
$ 4,250
Fleet Technician Benefits
$
858
890
$ 924
$ 960
$ 997
$
1,037
$ 1,078
Fueler/Washer/UtilitylBus Shelter Helper Salary
$
3,121
215
$ 3,311
$ 3,410
$ 3,513
$
3,618
$ 3,727
FuelerfWasher/UtilitylBus Shelter Helper Benefits
$
787
817
$ 849
$ 883
$ 918
$
955
$ 993
Other Salary 1- escn e
L$1
If
Subtotal (Monthly Maintenance)
sli 111111111f, 11111
Non -Vehicle Insurance
$
15,412895
324
$ 334
6,394
$ 344
f 16,910
$ 354
T 17,443
$ 365
T
$
17,994
376
18,564
$ 387
Office Expenses
$
381
$ 393
$ 404
$ 417
$ 429
$
442
$ 455
Uniform Expenses
$
255
$ 262
$ 270
$ 278
$ 287
$
295
$ 304
Training Expenses
$
1,394
$ 1,028
$ 1,059
$ 1,091
$ 1,123
$
1,157
$ 1,192
Incentives/Liquidated Damages
$
-
$
$ -
$ -
$ -
$
-
$ -
Letter of Credit
$
-
$
$ -
$ -
$ -
$
-
$ -
Contract Overhead- Describe
$
7,239
$ 5,938
$ 6,137
$ 6,328
$ 6,552
$
6,729
$ 6,920
Other Expenses (specify):
1. Mobile Eye Install
$
563
$ -
$ -
$ -
$ -
$
-
$ -
1a. Mobile Eye
$
459
$ 459
$ 459
$ 409
$
$
$
ib. Drive Cam
$
332
$ 332
$ 332
$ 296
$
$
$
2. Equipment Depreciation
$
402
$ 402
$ 402
$ 336
$ 270
$
$
3.Interest
$
642
$ 596
$ 560
$ 523
$ 499
$
494
$ 494
4. Software & Cell Phone
$
276
$ 284
$ 292
$ 301
$ 310
$
320
$ 329
5. Business Tax & License
$
67
$ 69
$ 72
$ 74
$ 76
$
78
$ 81
6. Bus Passes
$
990
$ 1,020
$ 1,050
$ 1,082
$ 1,114
$
1,148
$ 1,182
7. Employment Verification
$
372
$ 383
$ 395
$ 406
$ 419
$
431
$ 444
8. Tool Allowance
$
50
$ 52
$ 53
$ 55
$ 56
$
58
$ 60
9. Service Supplies
$
107
$ 110
$ 113
$ 117
$ 120
$
124
$ 128
Profit
Subtotal (on racExpenses)
"Options" - Describe option (i.e. additional staff or software
system) available in your proposal
Resolution No. 2018-055 N.C.S.
Page 67