Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PRR25305 Responsive Docs
slotransit.org REQUEST FOR PROPOSALS (RFP) Operation and Maintenance of Fixed Route, Public Transit Services SPECIFICATION: 91433 SLO TRANSIT, City of San Luis Obispo San Luis Obispo, California RFP RELEASE DATE December 16, 2015 PROPOSALS DUE March 9, 2016 PROJECTED AWARD DATE May 3, 2016 SERVICE START-UP DATE July 1, 2016 ISSUING OFFICE: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 slotransit.org Table of Contents SLO TRANSIT, City of San Luis Obispo TABLE OF CONTENTS ............................................................................................................................................................ 2 PART ONE: REQUEST FOR PROPOSALS (RFP) ......................................................................................................................... 8 PART TWO: OPERATIONS AND MAINTENANCE AGREEMENT................................................................................................ 47 PART THREE: SCOPE OF WORK ............................................................................................................................................ 73 PART FOUR: APPENDICES ................................................................................................................................................... 94 slotransit.org TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................................................................. 2 PART ONE: REQUEST FOR PROPOSALS (RFP) ........................................................................................................................... 8 GENERAL INFORMATION ................................................................................................................................................... 10 A. Introduction .................................................................................................................................................................. 10 B. Service Description ....................................................................................................................................................... 10 C. Fleet .............................................................................................................................................................................. 10 D. Administration and Funding .......................................................................................................................................... 10 E. Pending Issues ............................................................................................................................................................... 11 F. Areas of Emphasis ......................................................................................................................................................... 11 SELECTION PROCESS .......................................................................................................................................................... 11 A. Tentative Schedule ........................................................................................................................................................ 11 B. RFP Package .................................................................................................................................................................. 12 C. Pre-Proposal Conference and Site Visits ....................................................................................................................... 12 D. Submission of Questions ............................................................................................................................................... 12 E. Protests ......................................................................................................................................................................... 13 F. Proposal Submittal Deadline ......................................................................................................................................... 14 G. Evaluation of Proposals ................................................................................................................................................. 14 H. Interview ....................................................................................................................................................................... 18 I. Selection ....................................................................................................................................................................... 18 CONDITIONS AND INSTRUCTIONS FOR SUBMITTAL OF PROPOSALS ................................................................................... 19 A. Adherence to Proposal Form ........................................................................................................................................ 19 B. Required Submittal Information ..................................................................................................................................... 19 C. Use of Subcontractor .................................................................................................................................................... 19 D. Representations ............................................................................................................................................................ 20 E. Pre-Contractual Expenses ............................................................................................................................................. 20 F. Effective Period of Proposal ............................................................................................................................................ 20 G. Withdrawal of Proposal ................................................................................................................................................ 20 H. RFP Addendum .............................................................................................................................................................. 20 I. Verbal Agreement or Conversation ............................................................................................................................... 21 J. Special Funding Considerations .................................................................................................................................... 21 K. Exceptions and Alternatives .......................................................................................................................................... 21 L. Performance Bond/Security .......................................................................................................................................... 21 M. Non-Exclusivity of Contract ........................................................................................................................................... 21 N. Non-Collusion Affidavit ................................................................................................................................................. 21 O. Conflict of Interest ........................................................................................................................................................ 22 P. Authorized Amendment ............................................................................................................................................... 22 Q. Applicable Law .............................................................................................................................................................. 22 R. Lobbying ........................................................................................................................................................................ 22 S. Facility Visits .................................................................................................................................................................. 22 T. Federal Proposal and Contract Certifications ................................................................................................................ 22 U. Worker’s Compensation Insurance Certification .......................................................................................................... 23 V. Summary of Insurance & Indemnity Requirements ....................................................................................................... 23 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ........................................................................... 41 ACTIVITIES ......................................................................................................................................................................... 41 slotransit.org PART TWO: OPERATIONS AND MAINTENANCE AGREEMENT.................................................................................................. 47 Purpose of Agreement .................................................................................................................................................. 49 Term of Agreement ....................................................................................................................................................... 49 Scope of Work ............................................................................................................................................................... 50 Maximum Obligation .................................................................................................................................................... 50 Price Formula ................................................................................................................................................................ 50 Extra Services ................................................................................................................................................................ 51 General and Vehicles Insurance .................................................................................................................................... 51 Worker’s Compensation ............................................................................................................................................... 54 Indemnification ............................................................................................................................................................. 54 Performance Bond ........................................................................................................................................................ 55 Invoices ......................................................................................................................................................................... 55 Payment ........................................................................................................................................................................ 55 Operating Revenues ...................................................................................................................................................... 56 Control .......................................................................................................................................................................... 56 Contract Assignment ..................................................................................................................................................... 56 Dispute Resolution ........................................................................................................................................................ 56 Resolution of Federal Procurement Issues ................................................................................................................... 57 Stop Work ..................................................................................................................................................................... 57 Termination for Default ................................................................................................................................................ 57 Termination for Convenience ....................................................................................................................................... 58 Remedies on Breach (Waiver of Remedies) .................................................................................................................. 59 Rights Upon Termination Or Expiration And Waiver Of Claims .................................................................................... 59 Changes ......................................................................................................................................................................... 59 Modification of Agreement .......................................................................................................................................... 59 Notices .......................................................................................................................................................................... 59 Proprietary Rights ......................................................................................................................................................... 60 Force Majeure ............................................................................................................................................................... 60 Information and Documents ......................................................................................................................................... 60 Emergency Procedures ................................................................................................................................................. 60 Access to Records and Reports (Audit and Inspection) ................................................................................................ 61 Transfer of Title to Equipment ...................................................................................................................................... 61 Transportation Data Reporting ..................................................................................................................................... 61 Permits and Licenses ..................................................................................................................................................... 61 Non-Discrimination in Employment and Service .......................................................................................................... 62 Labor Provisions ............................................................................................................................................................ 62 Transit Employee Protective Agreements .................................................................................................................... 63 Access Requirements for Persons with Disabilities ...................................................................................................... 64 Civil Rights ..................................................................................................................................................................... 64 Disadvantaged Business Enterprise .............................................................................................................................. 65 Drug and Alcohol Testing .............................................................................................................................................. 66 Charter Service Operations ........................................................................................................................................... 66 School Bus Operations .................................................................................................................................................. 66 Miscellaneous Provisions .............................................................................................................................................. 66 Lobbying ........................................................................................................................................................................ 69 Compliance with Federal, State, and Local Laws .......................................................................................................... 69 Program Fraud and False or Fraudulent Statements Or Related Acts .......................................................................... 70 Incorporation of Federal Transit Administration (FTA) Terms ...................................................................................... 70 Privacy Act..................................................................................................................................................................... 70 Independent Contractor ............................................................................................................................................... 71 Transition to Future Operator ...................................................................................................................................... 71 Severability ................................................................................................................................................................... 71 Precedence of Contract Documents ............................................................................................................................. 71 Additional Terms ........................................................................................................................................................... 72 slotransit.org PART THREE: SCOPE OF WORK .............................................................................................................................................. 73 1. GENERAL INFORMATION ....................................................................................................................................... 75 ROLE OF THE CITY .............................................................................................................................................................. 75 A. Contract Administration ............................................................................................................................................... 75 B. Policies & Procedures ................................................................................................................................................... 75 C. Point of Contact ............................................................................................................................................................ 75 D. Routes & Schedules ...................................................................................................................................................... 75 E. Funding Management ................................................................................................................................................... 76 F. Vehicles, Equipment & Facilities ................................................................................................................................... 76 G. Marketing, Advertising & Public Communications ....................................................................................................... 77 H. Schedules, Passes, Tickets, Transfers and Service Brochures ........................................................................................ 77 I. Monitoring and Auditing ............................................................................................................................................... 77 J. Purchase of Fuel ............................................................................................................................................................ 77 K. Compensation ............................................................................................................................................................... 77 L. Federal Clauses ............................................................................................................................................................. 78 ROLE OF THE CONTRACTOR ............................................................................................................................................... 79 A. Policies & Procedures ................................................................................................................................................... 79 B. Operations: Routes & Schedules .................................................................................................................................. 79 C. Funding Management ................................................................................................................................................... 79 D. Maintenance & Cleaning: Vehicles, Equipment, Facilities and Street Furnishings ...................................................... 80 E. Facility Maintenance Program ...................................................................................................................................... 81 F. Marketing ...................................................................................................................................................................... 82 G. Point(s) of Contact ........................................................................................................................................................ 82 H. Staffing .......................................................................................................................................................................... 82 I. Failing to Employ Required Management - Penalty ..................................................................................................... 84 J. Other Positions ............................................................................................................................................................. 84 K. Union Relations ............................................................................................................................................................. 86 L. Drug Testing .................................................................................................................................................................. 86 M. Customer Service .......................................................................................................................................................... 86 N. Training ......................................................................................................................................................................... 87 O. Training Equipment ....................................................................................................................................................... 87 P. Uniforms ....................................................................................................................................................................... 87 Q. Time Keeping ................................................................................................................................................................ 87 R. System Safety ................................................................................................................................................................ 87 S. Insurance ...................................................................................................................................................................... 88 T. Preventive Maintenance and Inspection ...................................................................................................................... 88 U. Vehicle Repair ............................................................................................................................................................... 88 V. Overhaul and Replacement (Major Components) ........................................................................................................ 89 W. Maintenance Records .................................................................................................................................................... 89 X. Parts Inventory .............................................................................................................................................................. 90 Y. Farebox Revenue Collection and Accounting ............................................................................................................... 90 Z. Operational Contingencies ........................................................................................................................................... 90 AA. Declared Emergencies .................................................................................................................................................. 91 BB. Disadvantaged Business Enterprises Goal .................................................................................................................... 91 CC. Reporting ...................................................................................................................................................................... 91 DD. Financial Records .......................................................................................................................................................... 91 EE. Operating Reports ......................................................................................................................................................... 91 FF. Accident and Incident Reporting ................................................................................................................................... 92 GG. Compensation ............................................................................................................................................................... 92 HH. Surveys .......................................................................................................................................................................... 93 II. Penalties & Incentives (Liquidated Damages) ............................................................................................................... 93 slotransit.org JJ. Environmentally Friendly / Recycling Program ............................................................................................................. 93 PART FOUR: APPENDICES ..................................................................................................................................................... 94 Appendix A: Route Schedule and Stats .............................................................................................................................. 96 Table 1: Revenue Service Quick Stats ................................................................................................................................... 96 Table 2: Revenue Service Quick Stats (Continued) ............................................................................................................... 97 Table 3: Route 1 Schedule ..................................................................................................................................................... 98 Table 4: Route 2 Schedule ..................................................................................................................................................... 99 Table 5: Route 3 Schedule ................................................................................................................................................... 100 Table 6: Route 4 A&B Schedule ........................................................................................................................................... 101 Table 7: Route 5 A&B Schedule ........................................................................................................................................... 102 Table 8: Route 6A Schedule ................................................................................................................................................ 103 Table 9: Route 6B Schedule ................................................................................................................................................ 104 Table 10: Route 6 A/B Schedule .......................................................................................................................................... 105 Table 11: Trolley Schedule .................................................................................................................................................. 106 Table 12: Tripper Schedule ................................................................................................................................................. 107 Appendix B: Fleet Roster ................................................................................................................................................. 108 Appendix C: Short Range Transit Plan .............................................................................................................................. 109 Appendix D: City Provided Equipment ............................................................................................................................. 110 Appendix E: Transit Operations & Maintenance Facility .................................................................................................. 111 Appendix F: Federal Clauses ............................................................................................................................................ 112 1. Fly America Requirements .............................................................................................................................................. 112 2. Buy America Requirements ............................................................................................................................................. 112 3. Charter Bus Requirements .............................................................................................................................................. 114 4. School Bus Requirements................................................................................................................................................ 115 5. Cargo Preference Requirements ..................................................................................................................................... 115 6. Seismic Safety Requirements .......................................................................................................................................... 115 7. Energy Conservation Requirements ................................................................................................................................ 116 8. Clean Water Requirements ............................................................................................................................................. 116 9. Bus Testing ...................................................................................................................................................................... 117 10. Pre-award and Post Delivery Audits Requirements ...................................................................................................... 118 11. Lobbying ........................................................................................................................................................................ 119 12. Access to Records and Reports ..................................................................................................................................... 121 13. Federal Changes ............................................................................................................................................................ 123 14. Bonding Requirements .................................................................................................................................................. 124 15. Clean Air ........................................................................................................................................................................ 127 16. Recycled Products ......................................................................................................................................................... 127 17. Davis-Bacon and Copeland Anti-Kickback Acts ............................................................................................................. 128 18. Contract Work Hours and Safety Standards Act ........................................................................................................... 133 19. [ RESERVED ] .................................................................................................................................................................. 134 20. No Government Obligation to Third Parties ................................................................................................................. 134 21. Program Fraud and False or Fraudulent Statements and Related Acts ........................................................................ 135 22. Termination ................................................................................................................................................................... 136 23. Government-Wide Debarment and Suspension (Nonprocurement) ............................................................................ 139 24. Privacy Act ..................................................................................................................................................................... 140 25. Civil Rights Requirements ............................................................................................................................................. 141 26. Breaches and Dispute Resolution ................................................................................................................................. 142 27. Patent and Rights in Data .............................................................................................................................................. 143 slotransit.org 28. Transit Employee Protective Agreements ..................................................................................................................... 146 29. Disadvantaged Business Enterprise (DBE)..................................................................................................................... 147 30. [ RESERVED ] .................................................................................................................................................................. 149 31. Incorporation of Federal Transit Administration (FTA) Terms ...................................................................................... 149 32. Drug and Alcohol Testing .............................................................................................................................................. 149 Appendix G: Penalties & Incentives (Liquidated Damages) .............................................................................................. 152 Table 1: Penalties & Incentives (Liquidated Damages) ....................................................................................................... 157 Appendix H: Disadvantaged Business Enterprises (DBE) Goal .......................................................................................... 159 Appendix I: Reporting Requirements ............................................................................................................................... 156 slotransit.org Part One: Request for Proposals (RFP) SLO TRANSIT, City of San Luis Obispo TABLE OF CONTENTS .................................................................................................................................. 2 PART ONE: REQUEST FOR PROPOSALS (RFP) ................................................................................................ 8 1. GENERAL INFORMATION ....................................................................................................................................... 10 A. Introduction .................................................................................................................................................................. 10 B. Service Description ....................................................................................................................................................... 10 C. Fleet .............................................................................................................................................................................. 10 D. Administration and Funding .......................................................................................................................................... 10 E. Pending Issues ............................................................................................................................................................... 11 F. Areas of Emphasis ......................................................................................................................................................... 11 2. SELECTION PROCESS .............................................................................................................................................. 11 A. Tentative Schedule ........................................................................................................................................................ 11 B. RFP Package .................................................................................................................................................................. 12 C. Pre-Proposal Conference and Site Visits ....................................................................................................................... 12 D. Submission of Questions ............................................................................................................................................... 12 E. Protests ......................................................................................................................................................................... 13 F. Proposal Submittal Deadline ......................................................................................................................................... 14 G. Evaluation of Proposals ................................................................................................................................................. 14 H. Interview ....................................................................................................................................................................... 18 I. Selection ....................................................................................................................................................................... 18 3. CONDITIONS AND INSTRUCTIONS FOR SUBMITTAL OF PROPOSALS ....................................................................... 19 A. Adherence to Proposal Form ........................................................................................................................................ 19 B. Required Submittal Information ..................................................................................................................................... 19 C. Use of Subcontractor .................................................................................................................................................... 19 D. Representations ............................................................................................................................................................ 20 E. Pre-Contractual Expenses ............................................................................................................................................. 20 F. Effective Period of Proposal ............................................................................................................................................ 20 G. Withdrawal of Proposal ................................................................................................................................................ 20 H. RFP Addendum .............................................................................................................................................................. 20 I. Verbal Agreement or Conversation ............................................................................................................................... 21 J. Special Funding Considerations .................................................................................................................................... 21 K. Exceptions and Alternatives .......................................................................................................................................... 21 L. Performance Bond/Security .......................................................................................................................................... 21 M. Non-Exclusivity of Contract ........................................................................................................................................... 21 N. Non-Collusion Affidavit ................................................................................................................................................. 21 O. Conflict of Interest ........................................................................................................................................................ 22 P. Authorized Amendment ............................................................................................................................................... 22 Q. Applicable Law .............................................................................................................................................................. 22 R. Lobbying ........................................................................................................................................................................ 22 S. Facility Visits .................................................................................................................................................................. 22 T. Federal Proposal and Contract Certifications ................................................................................................................ 22 U. Worker’s Compensation Insurance Certification .......................................................................................................... 23 V. Summary of Insurance & Indemnity Requirements ....................................................................................................... 23 slotransit.org slotransit.org Part One: Request for Proposals (RFP) SLO TRANSIT, City of San Luis Obispo GENERAL INFORMATION A. Introduction The City of San Luis Obispo is centrally located along California’s Central Coast, half way between San Francisco and Los Angeles along the Highway 101 corridor. The City of San Luis Obispo is the County Seat for San Luis Obispo County and as such, it is also the governmental, economic, medical and educational hub for the other cities in the county. San Luis Obispo has a population of roughly 45,119 (Source: 2010 Census) with an estimated additional population of 20,000 students when California PolyTechnic State University is in session. B. Service Description SLO TRANSIT is the local fixed-route transit operation for the City of San Luis Obispo, operating directly out of the City’s Public Works Department. SLO TRANSIT operates 10 vehicles at peak along eight fixed-routes within the 23 square miles of the city limits of San Luis Obispo and California PolyTechnic State University. SLO TRANSIT operates Monday through Friday approximately from 6 a.m. to 10 p.m. and Sat & Sun from 8 a.m. to 7 p.m. See Appendix A – Route Schedules & Stats for actual schedule information. SLO TRANSIT has seen steady increase in ridership over the last ten years and now transports over 1.1 Million riders annually. SLO TRANSIT ridership demographics reflect a broad cross section of riders, including: seniors, disabled, socially or economic transit dependent, K-12 students, collegial students, working professionals and choice riders. Operation and maintenance of all fixed-route services are contracted out to a third party vendor. For para-transit services within the service area the county’s consolidated para-transit service provider known as Run-About. Run- About is operated by SLO Regional Transit Authority (RTA) and who also provides inter-city services to the other cities and parts of the county. Therefore this contract does not include the operations of para-transit rather only local fixed route services. The public has direct access for participating in the improvements and management of SLO TRANSIT services. By direction of the City Council, a Mass Transit Committee (MTC) was formed in 1972 to provide them with input on matters related to transit. The committee is an advisory body comprised of nine-member citizen volunteers representing communities with Disabilities, Seniors, Students, Cal Poly University, Business, Technical, At-Large and two Alternatives. Their purpose is to gather input and representation of the general public on matters of setting priorities and planning processes. C. Fleet SLO TRANSIT provides a fleet of fixed-route vehicles for use in this contract. A shop truck is also provided to the contractor along with one accessible mini-van for road supervision and driver change-outs. A detailed vehicle list is included in Appendix B – Fleet Roster of the Scope of Work. All of the fixed-route buses are diesel powered while the Trolley, Cut-Away, Shop Truck and Minivan are gasoline powered. The inclusion of alternative fuel vehicles in the future is still yet to be determined but is a goal of the City and SLO TRANSIT. All SLO TRANSIT revenue buses are ADA accessible, have bike racks and air conditioning. Minor fleet changes and/or additions are expected over the life of the service contract, but the current fleet should be assumed to be unchanged for the purpose of this RFP as any modifications can and will be accommodated within the terms of the agreement. D. Administration and Funding The City of San Luis Obispo is a charter city governed by five (5) elected officials, including one Mayor. The City maintains a City Manager, administrative team, and ten other departments to exercise City Council decisions as they pertain to community services. Of which, the City’s Public Works Department and its subsequent Transit Division oversee transit operations in the City. slotransit.org Funding for SLO TRANSIT comes from a combination of Federal, State, and Local sources. SLO TRANSIT currently receives Federal Transit Administration (FTA) funding under Sections 5307 (small-urban), occasionally other federal funds; a portion of the Local Transportation Fund (LTF) revenues that are available to jurisdictions; and, State Transit Assistance (STA) funds allocated to SLO TRANSIT and its member jurisdictions. Approximately 40% of the proposed operating budget is funded from federal sources, 40% percent from state and local transportation fund sources, 20% percent from passenger fares. E. Pending Issues SLO TRANSIT is currently undergoing a Short Range Transit Plan update. The recommendation for service changes will be known before the effective date of this contract. For now it is anticipated that the recommended changes will result in cost neutral to minor cost increase change for operations. All bids should be based on what transit services are as of the date of issuing this RFP. See Appendix A – Route Schedules & Stats for actual schedule information. For an idea of possible route change recommendation see Appendix C – SLO Short Range Transit Plan (SRTP). However it should be emphasized that the recommendations made in the SRTP are in no way a guarantee that they will be carried out but rather reflect desirable changes that will be made as funding and social/political forces allow. Any system changes will be coordinated with the contractor in advance and or during the length of the contract. F. Areas of Emphasis SLO TRANSIT maintains the philosophy that system quality is essential for public service. Staff recognizes that an operation offering high quality, safe and reliable service is far superior to a broad, far-reaching service that is unreliable and of poor quality. It also follows that, a service of quality is what attracts and retains riders along with public support. The keys to the provision of a quality public transit service include effective system design and operation, on-time performance and excellent customer service. The success or failure largely depends on the ability and commitment level of those charged with its daily execution – drivers, dispatchers, mechanics and their supervisors. SLO TRANSIT seeks a service contractor with a demonstrated ability to attract and retain qualified and committed drivers, dispatcher, mechanics and other key operating staff over the term of the agreement. For this reason, the employee selection, training, retention, wages and benefit portions of the proposals will be closely scrutinized to determine which provides the best value to SLO TRANSIT and community it serves. SELECTION PROCESS A. Tentative Schedule The schedule and description of significant events relating to this procurement are provided below. SLO TRANSIT reserves the right to modify, at its sole discretion, this schedule and any specific time-of-day deadlines including the startup date. Event/Task Date 1: MTC Discussion on RFP Scope of Work November 10, 2015 2: Council Study Session on RFP Scope of Work November 17, 2015 3: Council Authorization for RFP December 15, 2015 4: Issue Request for Proposals (RFP) on eBidBoard, etc. December 16, 2015 5: Pre-Proposal Conference (2:00 p.m. PST) January 27, 2016 6: Submit Questions & Clarifications (4:00 p.m. PST) February 5, 2016 slotransit.org 7: SLO TRANSIT Response to Submitted Questions February 19, 2016 8: Proposals Due (3:00 p.m. PST) March 9, 2016 9: Pre-Award Survey and Screening March 23, 2016 10: Interview with Selected Contractors March 30, 2016 11: City Council Award Contract May 3, 2016 12: Executes Agreement with Selected Contractor May 4, 2016 13: Pre-Start Up Meeting with Selected Contractor May 4, 2016 14: Contractor Starts Service July 1, 2016 B. RFP Package Contractors are required to register on the eBidBoard website, providing access to the RFP package documents and any posted addenda. Please ensure contact information is correct on the electronic plan holder list on eBidBoard. It is the contractor’s responsibility to obtain all issued addenda through eBidBoard prior to the proposal deadline. The RFP package may be obtained in the following ways: DOWNLOAD, free of charge, on eBidBoard. Please access from the City’s website at: http://www/slocity.org/publicworks/bids.asp, then click on “Listing of Advertised RFPs and RFQs”, which will direct you to the City’s eBidBoard page. PICK-UP a printed copy at the SLO TRANSIT office by paying a non-refundable fee of $50.00. The office of SLO TRANSIT is located at: 919 Palm Street San Luis Obispo, CA 93401 REQUEST a printed copy by mail by paying a non-refundable fee of $80.00. Contact Dee Lawson, Transit Coordinator, at DLawson@SLOCity.org or (805) 781-7531 or fax your request to (805)781- 7563. Please include your company name, street address, phone, fax, and email address, along with the name and specification number of the proposal you are requesting. C. Pre-Proposal Conference and Site Visits There will be one pre-proposal conference / site visit as noted in the schedule above, to be held at the San Luis Obispo City Hall Council Chamber room, located at 990 Palm Street, San Luis Obispo, California 93401. From there transportation will be provided, for those who desire it, for a site visit of the Transit Operations & Maintenance Facility located at 29 Prado Road, San Luis Obispo, California 93401. Site visits are not required, but highly recommended. D. Submission of Questions Questions and comments on this RFP may be submitted in writing to SLO TRANSIT at 919 Palm Street, San Luis Obispo, California 93401 or by e-mail to the Transit Coordinator, Dee Lawson, at DLawson@SLOCity.org by 4:00 p.m. on February 5, 2016. A response to any substantive questions received by this date will be sent to all parties by February 19, 2016 as an addenda to this RFP. slotransit.org Addenda will be posted on the www.SLOTransit.org website for all interested parties to see. It will be the sole responsibility of bidding contractors to check for addendums on or after said date. SLO TRANSIT may elect to e-mail said notice of posted addenda for bidders who request to be notified and who signed up to be notified at the pre-proposal conference or by notifying Transit Coordinator, Dee Lawson, at DLawson@SLOCity.org. E. Protests SLO TRANSIT has written protest procedures to handle and resolve disputes relating to its procurements during the pre-bid, pre- award and post-award phases and in all instances disclose information regarding protests to FTA and to the California Department of Transportation, Division of Mass Transportation. Pre-bid protests regarding any aspect of the attached materials and/or SLO TRANSIT’s stated selection procedures must be submitted in writing (via mail or e-mail) to the Director of Public Works of the City of San Luis Obispo, 919 Palm Street, San Luis Obispo, California 93401, or by e-mail to DGrigsby@SLOCity.org by 4:00 p.m. on February 5, 2016. The Director of Public Works will respond to any such protests by February 19, 2016 with an addendum to this RFP which will also be posted on ebidboard and the www.SLOTransit.org website. It will be the sole responsibility of bidding contractors to check for addenda on or after said date. Protests made against an award must be made in writing and will be addressed according to SLO TRANSIT’s written award protest procedures, which read as follows: It is the City of San Luis Obispo’s intent to award the contract to the “best-in-value” bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401 Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.” Under certain limited circumstances, and after the protester has exhausted all administrative protest remedies made available to them at SLO TRANSIT, an interested party may protest to the FTA the award of a contract pursuant to an FTA grant. FTA's review of any protest shall be in accordance with FTA Circular 4220.1F. An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working days of the date the protester learned or should have learned of an adverse decision by the grantee or other basis of appeal to FTA. FTA's review of any protest will be limited to: slotransit.org (1) Violations of Federal law or regulations. Violations of State or local law shall be under the jurisdiction of State or local authorities. (2) Violation of SLO TRANSIT's protest procedures or SLO TRANSIT's failure to review a complaint or protest. The protest filed with FTA shall: (1) Include the name and address of the protester. (2) Identify SLO TRANSIT as the party responsible for the RFP and/or award process. (3) Contain a statement of the grounds for protest and any supporting documentation. (The grounds for protest filed with FTA must be fully supported to the extent feasible. Additional materials in support of an initial protest will only be considered if authorized by the FTA regulations.) (4) Include a copy of the protest filed with SLO TRANSIT, and a copy of SLO TRANSIT's decision, if any. (5) Indicate the ruling or relief desired from FTA. Such protest should be sent to: U.S. Department of Transportation California Department of Transportation Federal Transit Administration and Division of Mass Transportation 90 Seventh Street, Suite 4-310 P.O. Box 942874, M.S. 39 San Francisco, CA 94103-6701 Sacramento, CA 94274-0001 A copy of such protests should also be sent to SLO TRANSIT. F. Proposal Submittal Deadline Proposals will be accepted until 3:00 p.m. on March 9, 2016, at which time a non-public opening will be held. Until award of the contract, the proposals will be held in confidence and shall not be available for public review [Government Code Section 6254(h) and (k)]. Upon award of a contract, all proposals shall become public except for financial statements if submitted under separate cover with a request for confidentiality. Such statements shall be disclosed only upon order of a court of competent jurisdiction. G. Evaluation of Proposals An evaluation team will be established to review all proposals submitted pursuant to the terms of this RFP. Members of this team are expected to participate, if possible, in any interviews to be conducted with selected proposers. The evaluation of proposals will be based on the following criteria and relative value established by SLO TRANSIT. Procurement/Evaluation Method The selection of a contract operator for SLO Transit Service: Operations & Maintenance is based on a competitively negotiated method of procurement. Guidance from the Federal Transit Administration (FTA) defines this type of procurement as the most appropriate procurement method when: (1) price alone is not the determinant factor in selection; and (2) discussions are expected with prospective offerors after proposal submission. Further, SLO Transit has employed the “Best Value” approach in this type of procurement. FTA defines this process as follows: Best Value describes a competitive, negotiated procurement process in which the recipient reserves the right to select the most advantageous offer by evaluating and comparing factors in addition to cost or price such that a recipient may acquire technical superiority even if it must pay a premium price. slotransit.org A “premium” is the difference between the price of the lowest priced proposal and the one that the recipient believes offers the best value. The term “best value” also means the expected outcome of an acquisition that, in the recipient’s estimation, provides the greatest overall benefit in response to its material requirements. To achieve best value in the context of acquisitions for public transportation purposes, the evaluation factors for a specific procurement should reflect the subject matter and the elements that are most important to the recipient. While FTA does not mandate any specific evaluation factors, the recipient must disclose those factors in its solicitation. Evaluation factors may include, but are not limited to, technical design, technical approach, length of delivery schedules, quality of proposed personnel, past performance, and management plan. This definition is intended neither to limit nor to dictate qualitative measures a recipient may employ, except that they must support the purposes of the Federal public transportation program. FTA requires SLO Transit to base its determination of which proposal represents the “best value” on an analysis of the tradeoff of qualitative technical factors and price or cost factors. In the event that two or more proposals are considered by the Evaluation Committee to be basically equal in their technical merit, the evaluated cost or price becomes more important; in such a case, cost or price may ultimately be the deciding factor. Accordingly, the Evaluation Committee may not necessarily make a recommendation to award to the CONTRACTOR with the highest technical ranking nor make a recommendation to award to the CONTRACTOR with the lowest Price Proposal, if doing so would not be in the overall best interest of the City of San Luis Obispo’s public transit program. Proposals submitted in response to this RFP will be evaluated and scored by the Evaluation Committee established by the CITY, in accordance with the criteria outlined in related section The primary desire of the CITY for this procurement is to ensure an award will be made based on the highest quality of service that best matches the CITY’s requirements using the Federal Transit Administration’s (FTA approved Third Party Contracting Guidance (FTA C 4220.1F) “Best Value” methodology. Per FTA’s Third Party Contracting Guidance, Best Practices Procurement Manual, “Best Value” is defined as follows: “Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency. The Evaluation Committee will make a recommendation to award to the CITY, based upon the Evaluation Committees’ determination of the responsible Contractor whose proposal is most advantageous to the CITY. OVERALL RELATIVE IMPORTANCE OF EVALUATION CRITERIA The Technical Proposal is of greater importance than the Cost Proposal. The following items constitute the evaluation criteria (and their respective weights), which the Proposal Evaluation team will use in evaluating proposals submitted in response to this RFP. Evaluation Criteria Weight Percentage Technical 40% slotransit.org Interviews with Key Management Staff 30% Past Performance – Reference Checks 20% Financial Ability 10% EVALUATION CRITERIA Selected Evaluation Criteria within Content of Technical Proposal Technical (40%) Qualifications (20%) (Listed in order of importance) o Experience with providing Public Transit Fixed Route Service of similar size and scope o Experience with operating and maintaining a fleet of similar size o Capacity to perform contract requirements o Experience with current CITY owned equipment and ancillary vendors Proposed Personnel (20%) (Listed in order of importance) o Qualifications and Experience of proposed General Manager o Qualifications and Experience of proposed Maintenance Manager o Qualifications and Experience of proposed Operations Manager o Recruiting, hiring, training, and retraining program for Drivers o Organizational Chart detailing organizational structure and reporting relationships Transition Plan (10%) (Listed in order of importance) o Mobilization plan and schedule o Facility move in plan o Recruitment/ hiring plan o Tool and equipment assessment o Handling of Environmental requirements and permits for operation Proposed Management and Operations Plan (20%) (Listed in order of importance) o Proposed Approach and Methodology o Proposed Road Supervision Approach o CONTRACTOR’s experience with the FTA Uniform System of Accounts and with National Transit Database reporting o Proposed Fare Collection Plan including equipment to be used for collection of fares (farebox, fare registers, etc.), and relevant fare collection experience. o Proposed training program for maintenance personnel, vehicle operators, schedulers/dispatchers and supervisors o Proposed Customer Service Approach o Proposed Safety, Security and Risk Management Plan o Proposed Internal Communications Network, including methods of communicating instructions to supervisors and vehicle operators and the approach to routing/dispatching functions. Risks and Added Value Assessment (10%) o Understanding of risks and mitigation o Value added and innovation Proposed Maintenance and Equipment Plan (20%) (Listed in order of importance) slotransit.org o Proposed Vehicle Maintenance Plan o Proposed Bus Wash Plan and Interior Cleaning Plan o Approach to Road Call Management o Experience with Fleet Management Software o Safety Record o Proposed Warranty Plan o Proposed plan for intended utilization of the on-board video system from an operational perspective (i.e. operator training, improvement and reinforcement) Cost (Tradeoff Evaluation) The CONTRACTOR’S cost proposals will be evaluated alongside the Technical merit offered by each CONTRACTOR in a tradeoff fashion as per Federal Transit Administration “best value selection methodology” as detailed within the FTA Best Practices Procurement Manual. As required by the FTA Best Practices Procurement Manual, Chapter 4, Methods of Solicitation and Selection, the Buyer declares the following: all evaluation criteria factors other than cost, when combined, are significantly more important than cost alone. In the event that two or more proposals are considered by the Evaluation Committee to be basically equal in their technical merit, the evaluated cost or price becomes more important; in such a case, cost or price may ultimately be the deciding factor. Accordingly, the Evaluation Committee may not necessarily make a recommendation to award to the CONTRACTOR with the highest technical ranking nor make a recommendation to award to the CONTRACTOR with the lowest Price Proposal, if doing so would not be in the overall best interest of the CITY’s public transit program. Selected Evaluation Criteria within Past Performance Past Performance – Reference Checks (20%) (Listed in order of importance) o Applicability of Past Performance Reference o Overall services provided by the CONTRACTOR o Responsiveness of CONTRACTOR in addressing and correcting problems o Management Staff’s ability to meet the expectations and needs of the transit agency o CONTRACTOR’s Customer Service as provided by Bus Operator Staff o Would you choose to renew a contract with this CONTRACTOR Selected Evaluation Criteria within Interviews with Key Management Staff Interviews with Key Management Staff (30%) Section 1 – Proposed Key Management Staff (Listed in order of importance) o General Manager’s responses to scenario questions o Maintenance Manager’s responses to scenario questions o Transportation Manager’s responses to scenario questions o Qualifications and Experience of General Manager o Qualifications and Experience of Maintenance Manager o Qualifications and Experience of Operations Manager Selected Evaluation Criteria within Financial Ability Financial Ability (10%) Financial Ability and Risk Ranking by third-party independent accounting/auditing firm. The review shall include an analysis of: a) Cash and percentage of cash to total current assets and total assets of the Contractor b) Quick and Current Ratio analysis slotransit.org c) Net Sales Volume and Accounts Receivable Turnover d) Sources which produced the prospective vendors operating capital e) Availability and amount of short-term working capital financing f) Debt structure and leverage g) Working Capital Measures (cash, equivalents and receivables less current liabilities h) Working Capital Ratio to Total Annual Contract Revenue The CONTRACTOR’S financial statements will be reviewed as noted above to determine the Contractor’s ability to complete a contract of this value, financial risks associated with the Contractor, cash and credit line availability, sources of operating capital, review of Dunn and Bradstreet reports, and a review of pending litigation. Additionally other factors including but not limited to whether the financial statements and information provided were audited, comments and notes included with the audit report or management letters, the auditing firm itself and potential quality issues and variations from report to report and the translation of all financial information into U.S. currency for comparison purposes may be considered. In determining the Contractor’s compliance for sufficient working capital, the following formula will be used to determine if the Contractor has sufficient working capital: (Cash/Cash Equivalents) + (Accounts Receivable <90 Days – Accounts Payables) + (Stand-by Letter of Credit) = 25% of annual contract amount. NOTIFICATION TO UNSUCCESSFUL CONTRACTORS Unsuccessful CONTRACTORS shall be notified of the CITY’s Evaluation Committee’s recommendation of award to the successful CONTRACTOR within ten (10) working days of said recommendation SLO TRANSIT reserves the right to award the contract to other than the lowest cost proposal allowing for a more responsive proposal that addresses all of the above criteria and best satisfies the needs of SLO TRANSIT. H. Interview Prospective CONTRACTORS should be prepared to attend a Selected Contractors interview, tentatively scheduled to be held on March 30, 2016. Key management personnel must be available at the interview including, at a minimum, the proposed General Manager, Maintenance Manager and a responsible senior management employee who is authorized to bind the firm. SLO TRANSIT may choose, at its sole discretion, to not interview all or any proposers of this RFP. I. Selection The City of San Luis Obispo City Council receives a recommendation from Staff based on the results of the proposal evaluation; personal interviews; reference checks; and, best and final offer negotiations. Such a recommendation is tentatively scheduled for the May 3, 2016 meeting of the City of San Luis Obispo City Council. That meeting is scheduled for 6:00 p.m. at City Hall Council Chamber Room located at 990 Palm Street, San Luis Obispo, CA, 93401. SLO TRANSIT reserves the right to withdraw this RFP at any time without prior notice. SLO TRANSIT also makes no representations that any agreement will be awarded to any proposer responding to this RFP. SLO TRANSIT expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any proposer and of the suitability of the materials and/or services to be rendered. slotransit.org CONDITIONS AND INSTRUCTIONS FOR SUBMITTAL OF PROPOSALS A. Adherence to Proposal Form All proposals are to be prepared in conformity with these instructions and submitted on the forms provided. Attached are a Draft Transit Operations Agreement (Part Two) and a detailed Scope of Work (Part Three) for this project. These contain specific contractual and service conditions and the successful proposer, if any, will be expected to execute an agreement substantially consistent to the agreement attached. Unacceptable conditions, limitations, provisions, or failure to respond to specific instructions or information requested in the RFP may result in rejection of the proposal. B. Required Submittal Information Proposals must be received by no later than 3:00 p.m. (as determined by the City’s door locking mechanism) on March 9, 2016 at the address below. City of San Luis Obispo, SLO TRANSIT 919 Palm Street San Luis Obispo, CA 93401 Attn: Transit Coordinator If mail delivery is used, proposers should mail early enough to provide for arrival by the deadline. Proposers use mail or courier service at their own risk. SLO TRANSIT will not be liable or responsible for any late delivery of proposals. Proposals received after the date and time specified (e.g. 3:00:01 p.m.) will not be considered and will be returned to the proposer unopened. Each submitting firm must submit at least one (1) electronic copy in CD or thumb drive form with Cost Proposal as separate file, one (1) hard-copy separately sealed print original document, one (1) hard-copy separately sealed cost proposal and five (5) hard-copy duplicate copies of each proposal in a sealed package or envelope(s) marked "Transit Contract Proposal" and identifying the name of the proposing firm. The following information must be included in each proposal: 1. Completed Proposal Questionnaire including a completed, signed and dated Proposal Cost Form (Attachments 1 and 2); 2. Completed, signed and dated proposal certifications (Attachment 4); 3. Written indication of receipt of all RFP addenda, if any, by date issued; and, 4. All proposals must be accompanied by a check for Two Thousand Dollars ($2,000.00), and said check must be certified by a bank, and must be made payable to SLO TRANSIT. In lieu of such a check, a proposer may accompany his proposal with a bond for said amount payable to SLO TRANSIT, which bond must be signed by the proposer and by two Sureties, or an authorized surety company, all as provided by law. Such surety or check will be retained by SLO TRANSIT if the successful proposer fails or refuses to enter into a contract awarded him. SLO TRANSIT checks or bonds shall be returned to all proposers within two weeks of the execution of a contract with the selected proposer. C. Use of Subcontractor If the proposal consists of a "prime" contractor and one or more subcontractors, the proposer shall identify the subcontractors in the areas of their responsibility; but SLO TRANSIT will enter into an agreement only with the prime contractor who shall be responsible for all services required by the attached agreement. slotransit.org D. Representations In submitting a proposal, the proposing firm makes the following representations to SLO TRANSIT: a. The firm is familiar with all requirements of the general conditions, specifications and instructions and that in submitting a proposal the proposer affirms that they are sufficiently informed in all matters affecting the provision of the services specified, that they have checked the proposal for errors and omissions; that the price stated in the proposal is correct and as intended and is a complete and correct statement of the proposers price for providing the services described in this RFP and as such services may have been modified in the proposal. b. The firm is familiar with all matters affecting the performance of the work under this RFP, including all Federal, State, and Local laws, ordinances and regulations. c. The firm is in the business and is fully qualified and skilled in the field of public transit and is fully willing and able to satisfy the requirements of the contract at the stated rates and any award of contract is in reliance on such representations. E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by proposers and selected contractor in: a. Preparing a proposal in response to this RFP; b. Submitting a proposal to SLO TRANSIT; c. Negotiations with SLO TRANSIT on any matter related to the proposal; and, d. Other expenses incurred by contractor or proposer prior to the date of award of any agreement. SLO TRANSIT shall not be liable for any pre-contractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. SLO TRANSIT shall be held harmless and free from any and all liability, claims or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP. F. Effective Period of Proposal All proposals received shall remain in effect for 90 days from the date the proposals are opened. G. Withdrawal of Proposal Proposals may be withdrawn either in person, email Transit Coordinator, Dee Lawson at DLawson@SLOCity.org or written via request, at any time prior to the time fixed for the opening of proposals. No proposal will be returned after the date and time set for the opening thereof. H. RFP Addendum Any changes to the RFP requirements will be made by posted addenda on the eBidboard website and shall be considered part of the RFP. Upon issuance, such addenda shall be incorporated into the agreement documents, and shall prevail over inconsistent provisions of earlier issued documentation. Contractors registered as planholders on eBidboard will receive email notification of posted addenda. It will be the sole responsibility of bidding contractors to check the website for addendums. slotransit.org I. Verbal Agreement or Conversation No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of SLO TRANSIT shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. J. Special Funding Considerations Any contract resulting from this RFP will be funded primarily with funds available to SLO TRANSIT through the California Transportation Development Act (TDA) and the Federal Transit Administration (FTA). The contract for this service is contingent upon the provision of these funds to SLO TRANSIT. In the event that service is eliminated or reduced due to lack of funds, SLO TRANSIT reserves the right to terminate or revise any contract. The successful contractor must comply with all Federal and State requirements regarding funding and grants. K. Exceptions and Alternatives Prospective contractors may not take exception or make alterations to any requirement of the RFP. Exceptions can be cause for the rejection of a proposal. If alternatives or options are proposed, the prospective contractor must clearly identify such. SLO TRANSIT expressly reserves the right in its sole discretion to consider such alternatives and to award a contract based thereon if determined to be in the best interest of SLO TRANSIT. Since SLO TRANSIT desires to enter into one contract to provide all of the intended services, only those proposals to provide all service will be considered responsive. L. Performance Bond/Security A Performance Bond, or other surety approved by SLO TRANSIT in the amount of twenty five (25) percent of the first year contract value will be required after a contract is awarded. SLO TRANSIT reserves the exclusive right, however, to rescind this requirement at any time prior to or during the contract period. The Performance Bond or other approved surety shall be received by SLO TRANSIT within fifteen (15) working days of approval of any contract “Notice to Proceed” which may be awarded through this RFP process. At SLO TRANSIT’s sole discretion, the award of this contract may be rescinded absent such bond or other approved surety. M. Non-Exclusivity of Contract This contract is not exclusive. SLO TRANSIT has the right to hire others to perform the same or similar tasks. N. Non-Collusion Affidavit By submitting a proposal, the prospective contractor represents and warrants that such a proposal is genuine and not a sham, collusive or made in the interest or in behalf of any person or party not therein named and that the prospective contractor has not directly or indirectly or solicited any other contractor to put in a sham bid, or any other person, firm or corporation to refrain from presenting a proposal and that the prospective contractor has not in any manner sought by collusion to secure any advantage. If at any time it shall be found that the person, firm, or corporation to whom a contract has been awarded has, in presenting any proposal or proposals, colluded with any other party or parties, then the agreement so awarded shall be null and void. The proposer shall be liable to SLO TRANSIT for all loss or damage which SLO TRANSIT may suffer thereby and SLO TRANSIT may advertise for a new agreement for the services contemplated herein. slotransit.org O. Conflict of Interest By submitting a proposal in response to this RFP, the prospective contractor warrants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this agreement; that no appointed or elected official, member or other officer or employee of the City of San Luis Obispo or State of California or of SLO TRANSIT is interested directly or indirectly, in any manner whatsoever in or in the performance of the agreement or in the supplies, work or business to which it relates or in any portion of the profits thereof; or has been or will be offered or given any tangible consideration in connection with this proposal and/or agreement. Prospective contractor covenants that neither prospective contractor nor, to the best of the prospective contractor's knowledge after diligent inquiry, any director, officer, owner or employee of the prospective contractor has any interest nor shall they acquire any interest, directly or indirectly, which would conflict in any manner or degree with the faithful performance of the agreement hereunder. In the event that the prospective contractor has no prior knowledge of a conflict of interest as set forth above and hereafter acquires information which indicates that there may be an actual or apparent violation of any of the above, prospective contractor shall promptly bring such information to the attention of the Director of Public Works, prospective contractor shall thereafter cooperate with CITY’s review and investigation of such information, and comply with any instruction it receives from the Transit Manager in regard to remedying the situation. P. Authorized Amendment If this contract is not in compliance with Federal laws or State laws, or the laws change, or new requirements are issued that effect funding for this contract, this contract shall be amended to comply with Federal and State laws. Both parties shall execute any documents required to comply with Federal and State law. Q. Applicable Law This RFP and any resulting agreements shall be construed and governed in accordance with the laws of the State of California. R. Lobbying With the exception of contacting the Transit Coordinator, Dee Lawson, to ask questions regarding this RFP or participate in a site visit, any party submitting a proposal shall not contact or lobby any SLO TRANSIT employee, or agent regarding the RFP. Any party attempting to influence any part of the proposal, submittal or review process through ex parte contact of any SLO TRANSIT official may have their proposal rejected. In addition, pursuant to the Byrd Anti-Lobbying Amendment, 31, U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.], contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying” which is Form 2 in Attachment 4 to this RFP. S. Facility Visits There shall be no unauthorized site visits. There will be one pre-proposal conference / site visit as noted in the schedule above, to be held at the San Luis Obispo City Hall Council Chamber room, located at 990 Palm Street, San Luis Obispo, California 93401. From there transportation will be provided, for those who desire it, for a site visit of the Transit Operations & Maintenance Facility located at 29 Prado Road, San Luis Obispo, California 93401. Site visits are not required, but highly recommended. T. Federal Proposal and Contract Certifications The proposing firms will be required to complete and submit the following federally-required forms included in Attachment 4. Form 1. Certification of Lower Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion. slotransit.org FTA requires third party contractors to submit this certificate to the grantee. In addition, any subcontractor doing work valued at $25,000 or more is required to submit this certificate to SLO TRANSIT. Form 2. Certification of Restrictions on Lobbying FTA requires that each third party contractor submit this certification to the grantee. Any subcontractor doing work valued at more than $100,000 is also required to submit a certification to the grantee. Form 3. Disclosure of Lobbying Activities. Any third party contractor or subcontractor whose participation exceeds $100,000 and who is involved in lobbying activities must submit this statement. Form 4. Drug-Free Workplace Act Certification. Form 5. Non- Collusive Affidavit Form 6. Eligible Bidder Certification U. Worker’s Compensation Insurance Certification The successful contractor shall be required to provide a “Worker’s Compensation Insurance Certification” before commencing work. V. Summary of Insurance & Indemnity Requirements The specific insurance and indemnity requirements for any Agreement resulting from this solicitation are in Sections 7 and 9 of the Draft Transit Operations Agreement. They are also provided below in their entirety for reference. A copy of these requirements should be provided to any insurance broker or insurer of the prospective contractor to confirm compliance. 7. GENERAL AND VEHICLE INSURANCE (a) Throughout the term of this Agreement, CONTRACTOR shall procure and maintain a comprehensive general liability insurance policy providing no less than TEN MILLION DOLLARS ($10,000,000) per occurrence with a total policy limit of no less thanTEN MILLION DOLLARS ($10,000,000) combined single limit bodily injury and property damage coverage. Said policy shall include coverage for premises (specifically including dangerous condition of public property as well as coverage for the facility and property provided by the CITY OF SAN LUIS OBISPO (CITY) for CONTRACTOR’s use during the term of this contract, personal injury, and blanket contractual, but shall not include coverage for vehicle liability and/or vehicle physical damage insurance (vehicle liability and vehicle damage insurance shall be provided pursuant to Paragraph (b), below). CONTRACTOR shall name the CITY a n d each of its member jurisdictions or other parties as required by CITY, including their officials, officers, employees and agents, as additional insureds on said policy. CONTRACTOR shall cause such additional insureds to be added to its policy of insurance by way of an endorsement which endorsement shall be a CG 20 10 11/85 or equivalent additional insured endorsement. (The ADDITIONAL INSURED ENDORSEMENT) The ADDITIONAL INSURED ENDORSEMENT shall not be an omnibus endorsement, but shall specifically and directly name each additional insured. Such ADDITIONAL INSURED ENDORSEMENT will explicitly include coverage for the additional insureds for both ongoing and completed operations so long as the liability of an additional insured arises out of the work of the named insured, or so long as an additional insured’s liability arises out of the named insured’s performance of this Agreement. The ADDITIONAL INSURED ENDORSEMENT shall not contain any provisions which limit or restrict coverage for the additional insureds beyond the slotransit.org extent set forth above. Any insurance carrier providing insurance called for in this section shall be from a California admitted carrier and have a minimum rating of A.M. Best Rated A, or better. Any self-insured retention shall be declared by CONTRACTOR and approved in writing by CITY. With respect to any self-insured retention, the coverage provided for CITY, its member jurisdictions, and other parties required by SLO TRANSIT shall be equal and identical to the coverage of the CONTRACTOR. CONTRACTOR shall provide written documentation to CITY that establishes that as to any self-insured retention, the additional insured parties shall have coverage to the same extent as the CONTRACTOR. CONTRACTOR shall provide CITY with the ADDITIONAL INSURED ENDORSEMENTS required by this paragraph within thirty (30) days of the Notice of Contract Award and, upon request, a copy of the entire policy of insurance. Such policy or policies of insurance shall provide that they may not be cancelled without at least 30 days written notice to SLO TRANSIT. CONTRACTOR shall provide CITY a copy of the current policy of insurance and all endorsements, as well as documentation for coverage under any self-insured retention, within ten (10) days of receiving such a request from CITY.) (b) CONTRACTOR shall provide CITY with vehicle liability insurance in the amount of TEN MILLION DOLLARS ($10,000,000) per occurrence with a total policy limit of TEN MILLION DOLLARS ($10,000,000) combined single limit for bodily injury and property damage. Coverage will also include collision and comprehensive physical damage with a deductible not to exceed TEN THOUSAND DOLLARS ($10,000). Any deductible will be the responsibility of CONTRACTOR. CONTRACTOR shall name CITY and each of the member jurisdictions, or other parties as required by SLO TRANSIT, including their officers, employees and agents, as additional insured on said policy and shall furnish CITY with evidence of insurance within 30 days of the notice of contract award. Such policy or policies shall provide that they may not be cancelled without at least thirty (30) days written notice to CITY. CONTRACTOR shall provide CITY a copy of the current policy of insurance and all endorsements within ten (10) days of receiving such a request from CITY. (c) In case of damage, destruction or loss of any vehicle or equipment provided by CITY u n d e r the terms of this agreement, CITY a g r e e s that the liability of CONTRACTOR for said damage or destruction shall be limited to the fair market value of the vehicle or equipment at the time of loss. (d) During this agreement, CONTRACTOR shall maintain an appropriate Fidelity Bond or other security acceptable to CITY providing protection up to the amount of FIFTY THOUSAND DOLLARS ($50,000.00) with respect to any one occurrence of theft or other dishonest conduct by CONTRACTOR'S employees, officers or agents of CITY funds , equipment or inventory other than vehicles. In lieu of a Fidelity Bond, CONTRACTOR may provide SLO TRANSIT with an irrevocable and absolute Letter of Credit in the form set out in Exhibit D attached hereto and incorporated herein. SLO TRANSIT shall be entitled to draw upon the Letter of Credit to compensate it for all losses it sustains occasioned by the theft or other misconduct of CONTRACTOR’s employees, officers or agents. CITY losses shall include its investigative expenses, including the costs of its experts and attorneys, in addition to the value of the funds, equipment or property in question. At the earliest practicable time, and not later than thirty (30) days after discovery by CITY of the loss, CITY shall give CONTRACTOR written notice of such discovery. CONTRACTOR shall have thirty (30) days to directly reimburse such loss to CITY. With appropriate notice, CONTRACTOR shall be provided a reasonable time to investigate the loss. CONTRACTOR’s responsibility to reimburse CITY for the loss shall be to the full extent of such loss and shall not be limited to FIFTY THOUSAND DOLLARS. CONTRACTOR reserves the right to dispute the value of the loss. In the event that CONTRACTOR has not reimbursed the loss within said thirty (30) days, CITY may draw against the Letter of Credit to recover its loss and, as stated above, if the Letter of Credit is insufficient to fully compensate CITY, CONTRACTOR shall remain obligated to compensate CITY to the full extent of its loss. When a loss is alleged to have been caused the theft, fraud or other dishonesty of any one or more of CONTRACTOR’s employees, officers, or agents, but CITY is unable to designate the specific person causing such loss, CITY shall have the benefit of the Letter of Credit provided that the evidence submitted reasonably establishes that the loss was in fact due to the fraud slotransit.org or dishonesty of one or more such persons. Presentation of the Letter of Credit shall be required either electronically or not more than fifty (50) miles from San Luis Obispo, California. Notice shall be delivered in accordance with Section 25 of this Agreement. Not less than thirty (30) days after CITY has drawn against the letter of credit, CONTRACTOR shall deposit funds sufficient to restore the letter of credit to the original amount thereof. In lieu of a Fidelity Bond or Letter of Credit, CONTRACTOR may provide CITY with a cash deposit of FIFTY THOUSAND DOLLARS which shall be held without payment of interest by CITY and CITY shall be entitled to draw upon the deposit in the same manner and for the same purposes as regarding the above described Letter of Credit. Not less than thirty (30) Days after CITY has drawn against the cash deposit, CONTRACTOR shall restore the cash deposit to the original amount thereof. The cash deposit shall be held by CITY during the term of the Agreement. Within thirty (30) days of termination or expiration of the Agreement, CITY shall return the cash deposit to CONTRACTOR, less any amount used by CITY pursuant to this Agreement. (e) Should, at any time, any of the insurance policies required by this Agreement be unsatisfactory to CITY, at its sole discretion, CONTRACTOR shall promptly obtain a new policy, submit the same to CITY. Upon failure of CONTRACTOR to furnish, deliver or maintain any insurance and endorsements as required by this Agreement, at the election of CITY, this Agreement may be immediately terminated as provided herein. Failure of CONTRACTOR to obtain and maintain any required insurance shall not relieve CONTRACTOR of any liability under this Agreement (and CONTRACTOR may be answerable to CITY for damages or any other remedy on account of such breach) nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. (f) All insurance provided by CONTRACTOR shall be primary and any insurance or self- insurance maintained by CITY shall be excess of CONTRACTOR's insurance and shall not contribute to it. (g) CONTRACTOR’s failure to provide the insurance required by this section, or CONTRACTOR’s submission of insurance policies, endorsements and other documentation (whether or not such documentation is “accepted” by CITY) shall not waive or satisfy the CONTRACTOR’s obligation to provide CITY with the insurance required by this Agreement if it has failed to do so. Should CONTRACTOR fail to provide insurance in the form and amount specified by this Agreement, CONTRACTOR shall be directly liable to CITY to provide it with both a defense and indemnity for any losses which CITY incurs to the extent such losses would have been covered by insurance as is specified in this Agreement. Notwithstanding the above, CONTRACTOR shall not be required to indemnify CITY from loss or liability to the extent such loss or liability arises from the sole negligence or willful misconduct of CITY, its agents, directors and employees, at such time that such sole negligence or willful misconduct has been finally determined by a court of competent jurisdiction. (h) It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements as set forth above and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. The defense and indemnifications of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. All deductibles and self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of the liability. Policies containing any SIR provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and slotransit.org endorsement coverage under this Agreement. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. 9. INDEMNIFICATION To the fullest extend allowed by law, CONTRACTOR shall indemnify and hold CITY(and City of San Luis Obispo) and its representative officials, officers, directors, employees and agents free and harmless from and against any and all claims, suits, liens, demands, damages, injuries, liabilities, losses and expenses of any kind, including reasonable fees of attorneys and expert witnesses, to the extent they arise out of or are in any way connected with the performance of this Agreement by CITY, its agents, directors or employees, or by CONTRACTOR, its agents, directors or employees, whether such claims, liens, demands, damages, losses or expenses are based upon a contract or upon a claim for personal injury, death or property damage or upon any other legal or equitable theory whatsoever. CONTRACTOR agrees, at its own expense and upon written request by CITY, to defend any claim, suit, action or demand brought against CITY on any injury, loss or liability, actual or alleged, covered herein. Notwithstanding this defense obligation, CONTRACTOR shall not be required to indemnify CITY from loss or liability to the extent such loss or liability arises from the sole proven negligence or willful misconduct of CITY, its agents, directors and employees, at such time that such sole negligence or willful misconduct has been finally determined by a court of competent jurisdiction. CONTRACTOR shall provide CITY with a defense until such determination has been made (i.e. until a court of competent jurisdiction has determined that the loss or liability arises from the sole negligence or willful misconduct of CITY, CONTRACTOR shall provide a defense as to such loss or liability). CONTRACTOR’s indemnity obligations survive termination of this Agreement. slotransit.org ATTACHMENT 1 SLO TRANSIT PROPOSAL QUESTIONNAIRE Submitted proposals must respond to each of the following questions in the order presented. Proposals that do not address each question may be considered non-responsive and rejected. Responses must be submitted on paper separate from this questionnaire. Where a tabular format for an answer is specified, the proposer must provide a response for each column and row heading and may use the term "Not Applicable" where appropriate. Proposers should note that the Scope of Work contains minimum requirements for some areas which proposer is required to address in this questionnaire. Submittals not addressing such minimum requirements may be considered non-responsive and rejected. A. Experience and Qualifications 1. Provide a statement of your firm's organizational structure, experience, history, legal status (i.e., partnership, corporation, etc.), capabilities, financial solvency, list of owners and officers, and management philosophy. 2. List any recent relevant experience that your firm has providing and/or managing publicly funded fixed route, demand-response and commuter services. For each system, list dates of service, annual vehicle service hours, number of revenue vehicles, number of annual passengers, and the name and telephone number of responsible individuals who can verify service. Attach additional descriptive material, if necessary; however, the following information must be included at a minimum. Reference checks will be made from the list provided. System Number of Name & Dates of Type of Annual Revenue Annual Contact Phone Address Service Service VSH's Vehicles Passengers Name Number 3. Submit any certifications, as appropriate, that the proposing firm or any subcontractor is a Disadvantaged Business Enterprise (DBE). 4. Attach financial statements (last year-end income statement and balance sheet and most current interim income statement) in the following descending order of preference: (a.) Statements audited by a certified public accountant (CPA) or government auditing agency or 10K Report. (b.) CPA-reviewed statements (Information on the firm's financial status will be withheld from public review if submitted under separate cover with a request for confidentiality unless a court of competent jurisdiction orders disclosure.) 5. Are there past, current or pending financial/legal issues that might jeopardize your firm's ability to provide services per the requirements of the attached agreement at the prices quoted by you for the term? (Answer "yes" or "no". If the answer is "yes", give details.) 6. Has your firm applied for credit protection under any bankruptcy proceedings over the past five years? (Answer "yes" or "no". If the answer is "yes", give details.) 7. Has any public transit operator, since July 1, 2010, terminated a contract with your firm prior to the contract's intended expiration date? Your response must state yes or no. If the answer is yes, the following information must be provided for each contract termination. slotransit.org (a.) Transit operator name and address (b.) Name and telephone number of the primary contract administrator for said transit operator. (c.) Explanatory information. 8. Indicate additional resources possessed by your firm which would be available (with or without cost) for SLO TRANSIT to draw upon should the use of such resources be considered by SLO TRANSIT to be of benefit to the system. B. Personnel 1. Submit the names, qualifications and availability for the candidates for General Manager, Operations Manager, Maintenance Manager and any other responsible senior management employees. Indicate the name and qualifications of the individual proposed to conduct training and safety activities. Generally describe the other personnel who will participate in the performance of this contract, such as years of experience, skill and availability. Names of management personnel being proposed shall be kept confidential if requested. 2. Describe how the proposed operation would be organized. An organization chart must be attached indicating all job classifications in the organization and the number of employees (split between full- time and part-time) which would be used in each job classification. Provide a brief description of the duties of each position. Provide any information on the firm's personnel or management approach that would assist in determining the quality of the proposed organizational approach. 3. For each job classification shown in the organization chart submitted above, list the proposed wage scale include both training and starting wages, if different. Include any budgeted step increases, cost of living adjustments and/or wage scale increases and the time period between such increases. In addition, use the following format to show the average wage scale used to develop the proposal budget. Average Hourly Wage Classification Job Number of Positions Total Labor Hours Year #1 Year #2 Year #3 Year #4 4. Please describe the proposed fringe benefit package in detail including a description of each benefit to be provided including, but not limited to the availability and value of such potential items as vacation; sick leave; holidays; and, health coverage such as medical, dental, vision and disability. This description must include the dollar value of such benefits; the employee cost or percentage share of those costs; the positions to which they apply; minimum employee eligibility requirements; whether it is employee-only or full dependent coverage; the specific coverage description; and, how long an employee must wait to begin receiving the benefit. The above list of possible benefits is for illustration purposes only and is not intended to prescribe the type or value of the benefits to be provided to any or all project employees. This level of detail, however, is essential for the fair and complete evaluation of the proposals received. 5. What is your firm's intention regarding the use of the current contractor's employees subject to the provisions of California Labor Code Sections 1070-1074? In accordance with applicable State Labor Codes, SLO TRANSIT shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor for a period of not less than 90 days. Information including the current number of employees, wages, benefit levels, and job classifications of employees performing slotransit.org services under the existing contract shall be made available upon request to any entity that the awarding SLO TRANSIT has identified as a bona fide bidder. To receive this preference, the successful contractor or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. C. Operational Approach 1. Provide an overview of your start-up approach and transition plan from the existing contractor to the new contractor and attach an implementation schedule outlining the steps to be taken up to the point of the beginning of the operation of the service. This transition plan must demonstrate that the proposer has thoroughly considered all that needs to be done to transition to the new contract with minimal service disruption and minimal assistance from SLO TRANSIT staff. The startup plan is to assume that the contract is awarded on May 3, 2016 and that the first day of service under the new contract will be July 1, 2016. 2. In three pages or less, outline the proposed driver training and safety program for new drivers and the retraining program for veteran drivers. Include an outline of the topics covered; the time devoted to each; number of classroom hours; number of behind-the-wheel hours with trainers; number of driving hours in regular service with a trainer or instructor; and, the amount of time devoted to customer relations and sensitivity training. 3. Submit a brief description of the training program for dispatchers and telephone receptionists including an outline of topics covered and time devoted to each topic. The description must address customer relations and sensitivity training in addition to other topics that might be covered. 4. Submit a description of the scheduling, dispatching and public information process proposed for SLO TRANSIT’s services. Describe the proposed public information hours and the minimum staffing levels to be maintained during this period. 5. Using one page or less, describe your proposed method of dispatching. Include a description of any relevant experience with any program being proposed such as a computer reservation, computer assisted or fully automated dispatching system. 6. Describe your firm's proposed program to accommodate driver "no shows", absenteeism, vacations and turnover of employees. What assurance does SLO TRANSIT have that drivers will always be available as needed? 7. Describe how your firm would monitor the quality of the service provided under this contract. 8. Describe the proposed Management Information System that will be used to report operational and financial data including the necessary fixed route under the National Transit Database system as required in the "Scope of Work". D. Maintenance, Safety and Insurance 1. Describe your firm's proposed vehicle maintenance services and repair program including inspection schedules, staffing levels (by classification), and repair capabilities, cleaning and washing schedules. 2. Describe in detail your firm's proposed Preventive Maintenance and Inspection (PMI) program for all buses, trollies, general purpose vehicles, generators and fork-lift components and equipment used in transit service. Attach examples slotransit.org of the proposed documents to be used in the PMI program. Description of PMI program should include both mileage and time intervals. 3. Has your firm, or a system managed by principals from your firm, received an "unsatisfactory" rating from a law enforcement or other regulatory agency during the past three (3) years for maintenance, records or facility deficiencies or public fixed route? If the answer is "yes", state specifically what happened, the circumstances, what remedial measures were taken to correct the problem and any other pertinent details. 4. Has your firm, or a public transit system managed by principals from your firm, been cited, fined, or ordered to stop operations at any time over the past seven (7) years from any regulatory agency for improper maintenance, CHP inspection failure or for accidents caused by improper maintenance. If the answer is "yes", state specifically what happened, the circumstances, what remedial measures were taken to correct the problem and any other pertinent details. 5. Provide 3 comparable (size of operation) examples and List the number of total vehicle miles between preventable collision accidents for systems operated by your firm during each of the past three consecutive years. 6. Are there any recent, current or pending litigation involving public transit services operated by your firm due to accidents involving death or serious injury? ("Recent" shall be defined as any judgment entered or settlement reached within the past three years which resulted in a dismissal of a lawsuit.) If the answer is "yes", give details, to the extent allowed, including court and number of each case. 7. Provide a detailed statement indicating the proposed insurance program by type, dollar amount, deductible levels and the method of cost calculation being careful to note the unique insurance provisions of the attached Draft Transit Operations Agreement or as outlined in this RFP. E. Miscellaneous Requirements 1. Provide the proposed cost per vehicle service hour for extra services, as defined in the draft agreement, for each year of the proposed agreement. 2. Describe the amount and method of calculation for early payment discounts if any are being offered. Proposers should note the standard invoice and payment schedule contained in the draft agreement in responding to this question. 3. Please list and price any other items you propose to offer as an option in addition to the items required by this RFP, the Draft Agreement and the Scope of Work. 4. Briefly summarize why you consider your firm to be the best qualified to perform this contract indicating any new or creative ideas or details not mentioned earlier that would provide SLO TRANSIT with a high quality, safe, efficient and responsive transit operation. 5. Complete and submit Attachment 3 entitled Proposal Cost Form 6. Complete and submit the required proposal and contractor certifications found in Attachment 4. 7. Provide the name of the firm's contact person, address, telephone number, facsimile (FAX) number and e-mail address. ASSURANCE OF ABILITY TO PERFORM: SLO TRANSIT may require parties submitting proposals to supply additional information concerning such parties' ability to perform under this contract. Failure to supply any such additional information slotransit.org upon timely request shall be cause to reject the proposal. slotransit.org ATTACHMENT 2 SLO TRANSIT CURRENT LABOR AND BENEFIT INFORMATION (Projected as of December 1, 2015) NUMBER OF EMPLOYEES HOURLY WAGE PT FT* UNION DRIVERS: Training Wage $10.00 0 – 12 Months $13.42 3 13 – 24 Months $14.32 5 25 – 36 Months $15.33 1 3 37 – 48 Months $16.15 2 1 49 – 60 Months $16.85 1 2 Over 60 Months $17.43 4 8 NON-UNION DISPATCHER: $15.29 1 15.41 2 17.59 1 17.64 1 ROAD SUPERVISOR: $17.00 1 CLERK OFFICE: $16.65 1 TECHNICIAN II: $22.90 1 SERVICE EMPLOYEE: $12.00 3 $12.80 1 *Full Time = 40+ hours/week BENEFITS (Available to Union Employees): The following leave categories are available on an annual, nonaccrual basis: Seven (7) paid holidays Three (3) sick days One (1) personal day Vacation One (1) week after one (1) year of employment Two (2) weeks after two (2) years of employment Three (3) weeks after five (5) years of employment Four (4) weeks after ten (10) years of employment Medical Insurance The Company will make available group medical insurance to each full-time and part-time employee on the first of the month slotransit.org following 30 days of employment. The Company will pay 78% of the premium for the plan level selected under the Company’s PPO medical plan, or 70% of the premium toward the plan level selected under the EPO plan offered by the Company. The Company makes no guarantee that two plans will be available on or after October 1, 2012. Rate adjustments are anticipated each October 1 of the Agreement. Dental Insurance The Company will make available group dental insurance to each full-time and part-time, employee on the first of the month following 30 days of employment. The Company will pay 20% of the premium for the plan level selected under the Company’s PPO dental plan only. Employees may elect to participate in the HMO Dental plan with no Company contribution. The Company makes no guarantee that two plans will be available on or after October 1, 2012. Rate adjustments are anticipated each October 1 of the Agreement. Life Insurance The Company will provide $10,000 life insurance and $10,000 accidental death and dismemberment insurance to each full-time and part-time employee who has completed his or her probationary period, and will pay 100% of the cost of such coverage. Employees may elect to purchase higher amounts of coverage through the Company at t he employee’s cost, according to the premium amounts and increments offered by the Company. In addition, the Company will provide $25,000 in coverage at no cost to the employee, if the employee is fatally injured in a motor vehicle accident while wearing a seat belt. Uniform Apparel and Supplies The Company shall designate and approve, according to the Company’s policy, all appropriate uniform apparel and supplies that shall be worn whenever an employee is on duty. Upon successful completion of the training period, the Company shall provide at no cost to the employee five shirts, five pants, one tie, one light weather jacket, and a safety vest. Uniforms that are worn out in the normal course of employment will be repaired or replaced at no cost to the employee. The Company will provide each driver with a footwear allowance of up to $50.00 every 12 months to cover the cost of footwear required by the client. The footwear allowance will only be paid to new hire employees after 6 months of employment. The Company will only provide the footwear allowance after the employee submits the receipt to management and management approves the style of footwear purchased. The employee will be responsible to pay any cost above the $50.00 allowance. BENEFITS (Available to Non-Union Employees): Non Union employees have the same medical and uniform benefit as Union employees. Mechanics receive $50.00 per year for Shoe allowance. Mechanics receive $0.15 per hour pay increase for each ASE. slotransit.org ATTACHMENT 3 SLO TRANSIT PROPOSAL COST FORM Budget Elements Year One Year Two Year Three Year Four Office Expenses: Site Manager Wages $_______ $_______ $_______ $ _______ Site Manager Benefits _______ _______ _______ _______ Operations Supervisor Wages _______ _______ _______ Operations Supervisor Benefits _______ _______ _______ Non-Revenue Vehicles Insurance: _______ _______ _______ Materials and Supplies _______ _______ _______ _______ Telecommunications _______ _______ _______ _______ Other (Identify): _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ Subtotal $_______ $_______ $_______ $ _______ Operating Expenses: $_______ $_______ $_______ $ _______ Trainer Wages _______ _______ _______ _______ Trainer Benefits _______ _______ _______ _______ Driver Wages _______ _______ _______ _______ Driver Benefits _______ _______ _______ _______ Physical/Drug Tests _______ _______ _______ _______ Materials & Supplies _______ _______ _______ _______ Uniforms _______ _______ _______ _______ Other (Identify): _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ Subtotal $_______ $_______ $_______ $ _______ Maintenance Expenses: Maintenance Manager Wages $_______ $_______ $_______ $ _______ Maintenance Manager Benefits _______ _______ _______ Mechanic Wages _______ _______ _______ _______ Mechanic Benefits _______ _______ _______ _______ Other Maintenance Labor _______ _______ _______ _______ Other Maintenance Benefits _______ _______ _______ Maintenance parts & Supplies _______ _______ _______ Cleaning Supplies _______ _______ _______ _______ Lubricants & Fluids _______ _______ _______ _______ slotransit.org The above budget breakdown and the other attached materials represent an offer to do work as described in this proposal. It is understood that this offer shall remain in effect for 90 days from the date set for opening proposals unless withdrawn pursuant to the conditions of the subject RFP. Name of Proposing Firm: Signature: ____________________________ Date: __________________________ Person Authorized to Bind Proposing Firm Signer’s Name: ____________________________ Title: ____________________________ Materials & Supplies _______ _______ _______ _______ Other (Identify): _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ _________________________ _______ _______ _______ _______ Subtotal $_______ $_______ $_______ $ _______ Other Expenses: Start Up Costs Performance Bond Corporate Overhead & Support Management Fee Other (Identify) _________________________ _________________________ _________________________ Subtotal $_______ $_______ $_______ $ _______ Operating & Maintenance Expense $_______ $_______ $_______ $ _______ Revenue Vehicle Insurance Expense $_______ $_______ $_______ $ _______ Monthly Fee (Fixed Costs) $_______ $_______ $_______ $ _______ Vehicles Service Hour Rate (Variable Costs) $_______ $_______ $_______ $ _______ Insurance Rate per Revenue Vehicles $_______ $_______ $_______ $ _______ slotransit.org ATTACHMENT 4 SLO TRANSIT FEDERAL PROPOSAL & CONTRACT CERTIFICATIONS 1. Certification of Lower Tier Participants Regarding Disbarment, Suspension, and Other Ineligibility and Voluntary Exclusion 2. Certification of Restrictions on Lobbying 3. Disclosure of Lobbying Activities [No form is provided and this disclosure statement is required only from contractors or subcontractors whose participation exceeds $100,000 and who is involved in lobbying activities.] 4. Drug-Free Workplace Act Certification 5. Non-Collusive Affidavit 6. Eligible Bidder Certification 7. Worker’s Compensation Insurance Certification slotransit.org FORM 1 SLO TRANSIT CERTIFICATION OF LOWER TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING THIS CERTIFICATION, READ THE FOLLOWING INSTRUCTIONS WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION) (1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date slotransit.org SLO TRANSIT INSTRUCTIONS FOR FORM 1 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this class 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 recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom the proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. 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 Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal 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 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of prospective participant in a lower tier covered transaction that 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 List of Parties Excluded from Procurement of Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a 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. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to the other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. slotransit.org FORM 2 SLO TRANSIT CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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 making lobbying contacts to 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 [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (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 certification is a material representation of fact upon which reliance was 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 31, U.S.C. A 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. A 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Bidder understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official: Name and Title of Contractor’s Authorized Official: Date: slotransit.org FORM 3 SLO TRANSIT DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING | Cover 41 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. slotransit.org ACTIVITIES | Page 42 8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, Stata and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle initial (Ml). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. slotransit.org ACTIVITIES | Page 43 FORM 4 SLO TRANSIT DRUG-FREE WORKPLACE CERTIFICATION COMPANY/ORGANIZATION NAME: The contractor named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355 (a)(1)(B), to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355 (a)(1)(C), that every employee who works on the proposed contract: (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN THE COUNTY OF: CONTRACTOR SIGNATURE: TITLE: FEDERAL I.D. NUMBER slotransit.org ACTIVITIES | Page 44 FORM 5 SLO TRANSIT NON-COLLUSIVE AFFIDAVIT STATE OF COUNTY OF Being first duly sworn, deposes and says: That he is _____________________________ of the firm of _____________(Firm Name)________ the party making the foregoing Bid, that such Bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham Bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the Bid price of affiant or of any other proposer, or to fix any overhead, profit or cost element of said Bid price, or of that of any other proposer, or to secure any advantage against SLO TRANSIT or any person interested in the proposed contract; and that all statements in said Bid are true. That neither any officer, director or employee of SLO TRANSIT is in any manner interested, directly or indirectly, in the Bid to which this Non-Collusive Affidavit is attached, nor in the Contract which may be made pursuant to said Bid, nor in any expected profits which may arise therefrom. Dated: ______________________________ Name of Bidder Official Address: ___________________________________ By ___________________________________ Title Subscribed and sworn to before me this ___________ day of _________________________, 2016. By Notary Public My Commission Expires: slotransit.org ACTIVITIES | Page 45 FORM 6 SLO TRANSIT ELIGIBLE BIDDER CERTIFICATION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer hereby certifies that they are not on the Comptroller General of the United States of America list of ineligible bidders. The certification in this clause is a material representation of fact relied upon by SLO TRANSIT. If is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to SLO TRANSIT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Date Name of Bidder/Proposer By Title By Title Official Address slotransit.org ACTIVITIES | Page 46 FORM 7 SLO TRANSIT WORKER’S COMPENSATION INSURANCE CERTIFICATION The Contractor shall secure the payment of Workmen’s Compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code and shall furnish SLO TRANSIT with a certificate evidencing such coverage together with verification thereof as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workmen’s Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.” Signed (Contractor) Date Print Name and Title slotransit.org Part Two: Operations and Maintenance Agreement | Page 47 Part Two: Operations and Maintenance Agreement SLO TRANSIT, City of San Luis Obispo TRANSIT OPERATIONS AGREEMENT BETWEEN SLO TRANSIT AND CONTRACTOR_Toc438019218 PART TWO: OPERATIONS AND MAINTENANCE AGREEMENT (DRAFT) ............................................................ 47 Purpose of Agreement ............................................................................................................................................................... 49 Term of Agreement ................................................................................................................................................................... 49 Scope of Work............................................................................................................................................................................ 50 Maximum Obligation ................................................................................................................................................................. 50 Price Formula ............................................................................................................................................................................. 50 Extra Services ............................................................................................................................................................................. 51 General and Vehicles Insurance................................................................................................................................................. 51 Worker’s Compensation ............................................................................................................................................................ 54 Indemnification .......................................................................................................................................................................... 54 Performance Bond ..................................................................................................................................................................... 55 Invoices ...................................................................................................................................................................................... 55 Payment ..................................................................................................................................................................................... 55 Operating Revenues .................................................................................................................................................................. 56 Control 56 Contract Assignment ................................................................................................................................................................. 56 Dispute Resolution ..................................................................................................................................................................... 56 Resolution of Federal Procurement Issues ................................................................................................................................ 57 Stop Work .................................................................................................................................................................................. 57 Termination for Default ............................................................................................................................................................. 57 Termination for Convenience .................................................................................................................................................... 58 Remedies on Breach (Waiver of Remedies) .............................................................................................................................. 59 Rights Upon Termination Or Expiration And Waiver Of Claims ................................................................................................. 59 Changes...................................................................................................................................................................................... 59 Modification of Agreement ....................................................................................................................................................... 59 Notices 59 Proprietary Rights ...................................................................................................................................................................... 60 Force Majeure ............................................................................................................................................................................ 60 Information and Documents ...................................................................................................................................................... 60 Emergency Procedures .............................................................................................................................................................. 60 Access to Records and Reports (Audit and Inspection) ............................................................................................................. 61 Transfer of Title to Equipment ................................................................................................................................................... 61 Transportation Data Reporting .................................................................................................................................................. 61 Permits and Licenses ................................................................................................................................................................. 61 Non-Discrimination in Employment and Service ....................................................................................................................... 62 Labor Provisions ......................................................................................................................................................................... 62 Transit Employee Protective Agreements ................................................................................................................................. 63 Access Requirements for Persons with Disabilities ................................................................................................................... 64 Civil Rights .................................................................................................................................................................................. 64 Disadvantaged Business Enterprise ........................................................................................................................................... 65 slotransit.org Part Two: Operations and Maintenance Agreement | Page 48 Drug and Alcohol Testing ........................................................................................................................................................... 66 Charter Service Operations ........................................................................................................................................................ 66 School Bus Operations ............................................................................................................................................................... 66 Miscellaneous Provisions ........................................................................................................................................................... 66 Lobbying..................................................................................................................................................................................... 69 Compliance with Federal, State, and Local Laws ....................................................................................................................... 69 Program Fraud and False or Fraudulent Statements Or Related Acts ....................................................................................... 70 Incorporation of Federal Transit Administration (FTA) Terms ................................................................................................... 70 Privacy Act ................................................................................................................................................................................. 70 Independent Contractor ............................................................................................................................................................ 71 Transition to Future Operator ................................................................................................................................................... 71 Severability ................................................................................................................................................................................ 71 Precedence of Contract Documents .......................................................................................................................................... 71 Additional Terms ........................................................................................................................................................................ 72 slotransit.org Part Two: Operations and Maintenance Agreement | Page 49 Part Two: Operations and Maintenance Agreement SLO TRANSIT, City of San Luis Obispo This AGREEMENT is made this _______ day of ________, 2016, by and between the CITY OF SAN LUIS OBISPO a municipal corporation and charter city, hereinafter referred to as “CITY” and __________________, hereinafter referred to as “CONTRACTOR.” WITNESSED: WHEREAS, on ________________, 2015, the City Council authorized the release of a Request for Proposals (RFP) for the operation and maintenance of specified transportation services; and, WHEREAS, CONTRACTOR submitted a proposal dated _________________, 2016 in response to the said RFP to provide such services in the method and manner and for the costs set forth in the proposal, subsequent clarifications and the "Best and Final Offer" dated , 2016; and, WHEREAS, CITY has determined that CONTRACTOR has the management and technical personnel, expertise and other useful assets of sufficient quantity and quality to provide CITY’s transportation services; and, WHEREAS, the subject RFP is attached to this agreement as Exhibit B and CONTRACTOR's proposal including the “Best and Final Offer” is attached as Exhibit C and both are by this reference made a part of this agreement; NOW, THEREFORE, for good and valuable consideration, the parties do agree as follows: Purpose of Agreement CITY hereby contracts with CONTRACTOR to operate and maintain specified transportation services upon the terms and conditions hereinafter set forth. Term of Agreement a. Term. Subject to the terms and conditions of this agreement, the term of this agreement shall be from July 1, 2016 through and including June 30, 2020 with three (3) one-year contract extension options as indicated in Section 2.c. b. Month-to-Month Extensions. Upon completion of the term of this agreement, including any option term described below, CITY may, at its sole discretion, extend the term of this agreement on a month- to-month basis up to a maximum of six (6) months. CITY shall notify CONTRACTOR of such extensions at least thirty (30) days prior to the termination date of this agreement. The compensation rates in effect during the last monthly period of the full term of this agreement or any option terms as applicable shall remain in effect during any such extensions. slotransit.org Part Two: Operations and Maintenance Agreement | Page 50 c. Option Terms. CITY, at its sole discretion, may extend this agreement for up to three option terms of one year each for a maximum contract term, including the initial term, of four years (through June 30, 2020). If the CITY decides to consider exercising option term years, the price formulas for the extension years shall be negotiated. If the negotiation price formula are not advantageous to the CITY, the CITY can have the contract go to back to RFP. Scope of Work CONTRACTOR shall provide the transportation services set forth in Exhibit A entitled "Scope of Work" attached and by this reference made a part of this agreement. Such services shall continue to be provided by CONTRACTOR until the "Scope of Work" is amended pursuant to the terms and conditions of this agreement. Maximum Obligation CITY agrees to pay CONTRACTOR in consideration for its services as described herein. The maximum cost to be paid by CITY to CONTRACTOR shall not exceed $___________ in Year One; $____________in Year Two; and, $____________ in Year Three based on the services specified in Exhibit A. Price Formula CITY agrees to pay CONTRACTOR for performance of the services set forth in this agreement as follows: a. Payment of a fixed hourly rate per vehicle service hour of $____________ in Year One; $____________ in Year Two; $____________ in Year Four. A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service hours specified herein. A vehicle service hour shall be deemed to have commenced when a vehicle leaves CITY’s Transit Center (located at 990 Palm Street) to provide the services required herein and shall not include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service hour shall terminate when a vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of the vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor and all consumable material costs that can be tracked by vehicle service hour such as vehicle maintenance parts and supplies including oil. b. Payment of a fixed monthly rate of $____________ in Year One; $____________ in Year Two; $____________ in Year Three; and $____________ in Year Four to compensate CONTRACTOR for all work to be performed under this agreement as defined in Exhibit A, except that which is included under Paragraph 5(a) and Paragraph 7 of this agreement including, but not limited to: vehicle operator non-service wages; management, controller and maintenance employee wages and said employees fringe benefits and indirect labor costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies; project telephones; all other related operational costs; and the contract management fee. c. Payment of a fixed monthly rate of $____________ in Year One; $____________ in Year Two; $____________ in Year Three; and $____________ in Year Four for the cost incurred in providing all vehicle and general liability insurance required under this agreement as such insurance is defined in this agreement. This amount shall be in excess of the fixed monthly rate as defined herein. CITY reserves the right, however, to alternatively secure all or part of the specified insurance coverage slotransit.org Part Two: Operations and Maintenance Agreement | Page 51 through other means. d. Compensation for those items and services provided by CITY and which are specified in Exhibit A shall not be included in the hourly or monthly rates as defined above. Such items and services include, but are not limited to diesel fuel and gasoline; tires; radios including connection fees and service agreements; city owned vehicles; licenses for radios and vehicles; routine maintenance of radios; major facility furnishings; telephone system, building security, office copy machine; all major vehicle components which are engines, transmissions, differentials, and design retrofits; and, office, garage and parking facilities. Additionally, CITY s h a l l provide all marketing, tickets, passes, brochures, and related collateral service materials. Extra Services Special promotional and community services shall be considered extra services and will be provided only with the authorization of CITY and the mutual consent of the CONTRACTOR. Such services shall be defined as those non- permanent service hours operated outside of the services identified in Exhibit A. Extra services shall be considered a change to this agreement as defined herein and shall be in excess of the maximum price defined in Paragraph 4. The costs for extra services will be determined at a rate per vehicle service hours of $____________ in Year One; $____________ in Year Two; $____________ in Year Three; and $____________ in Year Four and billed separately from the services specified in Exhibit A. General and Vehicles Insurance a. Throughout the term of this Agreement, CONTRACTOR shall procure and maintain a comprehensive general liability insurance policy providing no less than TEN MILLION DOLLARS ($10,000,000) per occurrence with a total policy limit of no less than TEN MILLION DOLLARS ($10,000,000) combined single limit bodily injury and property damage coverage. Said policy shall include coverage for premises (specifically including dangerous condition of public property as well as coverage for the facility and property provided by CITY for CONTRACTOR’s use during the term of this contract), personal injury, and blanket contractual, but shall not include coverage for vehicle liability and/or vehicle physical damage insurance (vehicle liability and vehicle damage insurance shall be provided pursuant to Paragraph (b), below). CONTRACTOR shall name CITY a n d each of its member jurisdictions or other parties as required by CITY, including their officers, employees and agents, as additional insureds on said policy. CONTRACTOR shall cause such additional insureds to be added to its policy of insurance by way of an endorsement which endorsement shall be a CG 20 10 11/85 or equivalent additional insured endorsement. (The ADDITIONAL INSURED ENDORSEMENT) The ADDITIONAL INSURED ENDORSEMENT shall not be an omnibus endorsement, but shall specifically and directly name each additional insured. Such ADDITIONAL INSURED ENDORSEMENT will explicitly include coverage for the additional insureds for both ongoing and completed operations so long as the liability of an additional insured arises out of the work of the named insured, or so long as an additional insured’s liability arises out of the named insured’s performance of this Agreement. The ADDITIONAL INSURED ENDORSEMENT shall not contain any provisions which limit or restrict coverage for the additional insureds beyond the extent set forth above. Any insurance carrier providing insurance called for in this section shall be from a California admitted carrier and have a minimum rating of A.M. Best Rated A, or better. Any self-insured retention shall be declared by CONTRACTOR and slotransit.org Part Two: Operations and Maintenance Agreement | Page 52 approved in writing by CITY. With respect to any self-insured retention, t h e co v e r a g e provided for CITY, its member jurisdictions, and other parties required by CITY shall be equal and identical to the coverage of the CONTRACTOR. CONTRACTOR shall provide written documentation to CITY that establishes that as to any self-insured retention, the additional insured parties shall have coverage to the same extent as the CONTRACTOR. CONTRACTOR shall provide CITY with the ADDITIONAL INSURED ENDORSEMENTS required by this paragraph within thirty (30) days of the Notice of Contract Award and, upon request, a copy of the entire policy of insurance. Such policy or policies of insurance shall provide that they may not be cancelled without at least 30 days written notice to CITY. CONTRACTOR shall provide CITY a copy of the current policy of insurance and all endorsements, as well as documentation for coverage under any self-insured retention, within ten (10) days of receiving such a request from CITY). b. CONTRACTOR shall provide CITY with vehicle liability insurance in the amount of TEN MILLION DOLLARS ($10,000,000) per occurrence with a total policy limit of TEN MILLION DOLLARS ($10,000,000) combined single limit for bodily injury and property damage. Coverage will also include collision and comprehensive physical damage with a deductible not to exceed TEN THOUSAND DOLLARS ($10,000). Any deductible will be the responsibility of CONTRACTOR. CONTRACTOR shall name CITY and each of the member jurisdictions, or other parties as required by CITY, including their officers, employees and agents, as additional insured on said policy and shall furnish CITY with evidence of insurance within 30 days of the notice of contract award. Such policy or policies shall provide that they may not be cancelled without at least thirty (30) days written notice to CITY. CONTRACTOR shall provide CITY a copy of the current policy of insurance and all endorsements within ten (10) days of receiving such a request from CITY. c. In case of damage, destruction or loss of any vehicle or equipment provided by CITY u n d e r the terms of this agreement, CITY agrees that the liability of CONTRACTOR for said damage or destruction shall be limited to the fair market value of the vehicle or equipment at the time of loss. d. During this agreement, CONTRACTOR shall maintain an appropriate Fidelity Bond or other security acceptable to CITY providing protection up to the amount of FIFTY THOUSAND DOLLARS ($50,000.00) with respect to any one occurrence of theft or other dishonest conduct by CONTRACTOR'S employees, officers or agents of CITY funds, equipment or inventory other than vehicles. In lieu of a Fidelity Bond, CONTRACTOR may provide CITY with an irrevocable and absolute Letter of Credit in the form set out in Exhibit D attached hereto and incorporated herein. CITY shall be entitled to draw upon the Letter of Credit to compensate it for all losses it sustains occasioned by the theft or other misconduct of CONTRACTOR’s employees, officers or agents. CITY’s losses shall include its investigative expenses, including the costs of its experts and attorneys, in addition to the value of the funds, equipment or property in question. At the earliest practicable time, and not later than thirty (30) days after discovery by CITY of the loss, CITY shall give CONTRACTOR written notice of such discovery. CONTRACTOR shall have thirty (30) days to directly reimburse such loss to CITY. With appropriate notice, CONTRACTOR shall be provided a reasonable time to investigate the loss. CONTRACTOR’s responsibility to reimburse CITY for the loss shall be to the full extent of such loss and shall not be limited to TWENTY-FIVE THOUSAND DOLLARS. CONTRACTOR reserves the right to dispute the value of the loss. In the event that slotransit.org Part Two: Operations and Maintenance Agreement | Page 53 CONTRACTOR has not reimbursed the loss within said thirty (30) days, CITY may draw against the Letter of Credit to recover its loss and, as stated above, if the Letter of Credit is insufficient to fully compensate CITY, CONTRACTOR shall remain obligated to compensate CITY to the full extent of its loss. When a loss is alleged to have been caused the theft, fraud or other dishonesty of any one or more of CONTRACTOR’s employees, officers, or agents, but CITY is unable to designate the specific person causing such loss, CITY shall have the benefit of the Letter of Credit provided that the evidence submitted reasonably establishes that the loss was in fact due to the fraud or dishonesty of one or more such persons. Presentation of the Letter of Credit shall be required either electronically or not more than fifty (50) miles from San Luis Obispo, California. Notice shall be delivered in accordance with Section 25 of this Agreement. Not less than thirty (30) days after CITY has drawn against the letter of credit, CONTRACTOR shall deposit funds sufficient to restore the letter of credit to the original amount thereof. In lieu of a Fidelity Bond or Letter of Credit, CONTRACTOR may provide CITY with a cash deposit of FIFTY THOUSAND DOLLARS which shall be held without payment of interest by CITY and CITY shall be entitled to draw upon the deposit in the same manner and for the same purposes as regarding the above described Letter of Credit. Not less than thirty (30) days after CITY has drawn against the cash deposit, CONTRACTOR shall restore the cash deposit to the original amount thereof. The cash deposit shall be held by CITY during the term of the Agreement. Within thirty (30) days of termination or expiration of the Agreement, CITY shall return the cash deposit to CONTRACTOR, less any amount used by CITY p u r s u a n t to this Agreement. e. Should, at any time, any of the insurance policies required by this Agreement be unsatisfactory to CITY, at its sole discretion, CONTRACTOR shall promptly obtain a new policy, submit the same to CITY. Upon failure of CONTRACTOR to furnish, deliver or maintain any insurance and endorsements as required by this Agreement, at the election of CITY, this Agreement may be immediately terminated as provided herein. Failure of CONTRACTOR to obtain and maintain any required insurance shall not relieve CONTRACTOR of any liability under this Agreement (and CONTRACTOR may be answerable to CITY for damages or any other remedy on account of such breach) nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. f. All insurance provided by CONTRACTOR shall be primary and any insurance or self-insurance maintained by CITY and its member jurisdictions shall be excess of CONTRACTOR's insurance and shall not contribute to it. g. CONTRACTOR’s failure to provide the insurance required by this section, or CONTRACTOR’s submission of insurance policies, endorsements and other documentation (whether or not such documentation is “accepted” by CITY) shall not waive or satisfy the CONTRACTOR’s obligation to provide CITY with the insurance required by this Agreement if it has failed to do so. Should slotransit.org Part Two: Operations and Maintenance Agreement | Page 54 CONTRACTOR fail to provide insurance in the form and amount specified by this Agreement, CONTRACTOR shall be directly liable to CITY to provide it with both a defense and indemnity for any losses which CITY incurs to the extent such losses would have been covered by insurance as is specified in this Agreement. Notwithstanding the above, CONTRACTOR shall not be required to indemnify CITY from loss or liability to the extent such loss or liability arises from the sole negligence or willful misconduct of CITY, its agents, directors and employees, at such time that such sole negligence or willful misconduct has been finally determined by a court of competent jurisdiction. h. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements as set forth above and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. The defense and indemnifications of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. All deductibles and self- insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of the liability. Policies containing any SIR provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsement coverage under this Agreement. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. Worker’s Compensation CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions and furnish CITY with a Certificate of Insurance before commencing the performance of this agreement. Furthermore, CONTRACTOR shall indemnify CITY, its officers and employees, for any claims in law or equity occasioned by failure of CONTRACTOR to comply with this provision or which arise out of any job related injury, including third party claims against CITY by CONTRACTOR’S or subcontractor’s employees. The indemnification provisions of this paragraph shall survive the termination of this agreement or any extensions thereof. Indemnification To the fullest extent allowed by law, CONTRACTOR shall indemnify and hold CITY (and CITY’s member jurisdictions) and its representative officers, directors, employees and agents free and harmless from and against any and all claims, suits, liens, demands, damages, injuries, liabilities, losses and expenses of any kind, including reasonable fees of attorneys and expert witnesses, to the extent they arise out of or are in any way connected with the performance of this Agreement by CITY, its agents, directors or employees, or by CONTRACTOR, its agents, directors or employees, whether such claims, liens, demands, damages, losses or expenses are based upon a contract or upon a claim for personal injury, death or property damage or upon any other legal or equitable theory whatsoever. CONTRACTOR agrees, at its own expense and upon written request by CITY, to defend any claim, suit, action or demand brought against CITY on any injury, loss or liability, actual or alleged, covered herein. Notwithstanding this defense obligation, CONTRACTOR shall not be required to indemnify CITY from loss or liability to the extent slotransit.org Part Two: Operations and Maintenance Agreement | Page 55 such loss or liability arises from the sole negligence or willful misconduct of CITY, its agents, directors and employees, at such time that such sole negligence or willful misconduct has been finally determined by a court of competent jurisdiction. CONTRACTOR shall provide CITY with a defense until such determination has been made (i.e. until a court of competent jurisdiction has determined that the loss or liability arises from the sole negligence or willful misconduct of CITY, CONTRACTOR shall provide a defense as to such loss or liability). CONTRACTOR’s indemnity obligations survive termination of this Agreement. Performance Bond The faithful performance by CONTRACTOR of each and every term, condition, and provision of this agreement is expressly made a condition precedent for the payment of any sums agreed herein to be paid to CONTRACTOR by CITY. To insure performance, CONTRACTOR shall post with CITY a bond or other acceptable security in the amount of TWENTY-FIVE PERCENT (25%) of the first year contract price. Such bond or security shall be subject to the approval of CITY's Attorney and Finance Director and shall be executed by CONTRACTOR and a surety company licensed to do business as such in the State of California. The condition of the bond shall be that the CONTRACTOR shall fully and faithfully perform all conditions and covenants of this agreement or the face amount of such bond shall be forfeited to CITY. The bond may be a renewable one-year bond, and shall be renewed annually before its expiration date; provided, however, that such bond must remain in full force and effect from and after the date CITY makes any demands for payment on the bond until CITY releases such claim. Provision of such bond or its equivalent is a material covenant of this agreement and CITY shall not approve any security which is not unconditionally payable to CITY upon CITY demand. CITY reserves the right to rescind the requirement for a performance bond at any time. Invoices a. All hourly costs shall be invoiced to CITY monthly following the service month provided. Said invoices shall specify the dates of service and the number of vehicle service hours claimed. Hourly costs shall be directly traceable by dispatcher and/or driver trip sheets and/or employee time cards, copies of which will be submitted to CITY monthly with each invoice. b. The monthly fixed rate and insurance rate shall be invoiced monthly following the service month provided. All reports and submissions required under this agreement shall be accurately completed and submitted to CITY prior to payment of said monthly rate invoices. c. Any extra services provided under this agreement shall be invoiced separately following the provision of such services. Copies of all appropriate passenger and service logs shall be attached to each extra service invoice prior to payment. Payment All payments by CITY to CONTRACTOR shall be made in arrears. Payment shall be made by CITY no more than thirty (30) days from receipt of an invoice. Payment of invoices will be made on a monthly basis. If CITY disputes any item on an invoice for a reasonable cause, CITY may deduct that disputed item from the payment, but shall not delay payment for the undisputed portions. The amounts and reasons for such deletions shall be documented to CONTRACTOR within fifteen (15) working days of the receipt of the invoice by CITY. Payments shall be by voucher or check payable to and mailed first-class to: [INSERT CONTRACTOR NAME & MAILING ADDRESS] slotransit.org Part Two: Operations and Maintenance Agreement | Page 56 Operating Revenues All operating revenues collected by CONTRACTOR are the property of CITY. Operating revenues include, but are not limited to, all fares and the proceeds from the sale of tickets and passes. Operating revenues shall be counted and kept separately under appropriate security. Within one working day from collection, unless otherwise agreed upon, CONTRACTOR shall deposit fares at a banking institution as directed by CITY. Reports on the revenues collected and deposited shall be provided to CITY on a timely basis. CITY shall be provided with a written description of CONTRACTOR'S procedures regarding the collection, counting and controlling of fare revenues. These procedures are subject to CITY's audit and approval. Control d. All services to be rendered by CONTRACTOR under this agreement shall be subject to the control of CITY. CONTRACTOR shall advise CITY of matters of importance and make recommendations when appropriate; however, final CITY shall rest with CITY. e. CITY shall not interfere with the management of CONTRACTOR'S normal internal business affairs and shall not attempt to directly discipline or terminate CONTRACTOR employees. CITY may advise CONTRACTOR of the performance of any employee having a negative effect on the service being provided. Contract Assignment This agreement shall not be sold, assigned, transferred, conveyed or encumbered by CONTRACTOR without the prior written consent of CITY which consent may be withheld in CITY’s sole and absolute discretion. Any assignment, transfer, conveyance or encumbrance of this agreement without CITY’s prior written approval shall be null and void. CONTRACTOR shall not sell or otherwise transfer its interest in this agreement without prior written notification to CITY. Upon receiving such notification from CONTRACTOR, CITY may, at its sole discretion, decide to exercise its right to terminate this agreement. Subject to this provision, the agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. Dispute Resolution a. Disputes arising in the performance of this agreement shall be decided in writing by the Transit Manager. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, CONTRACTOR mails or otherwise furnishes a written appeal to the Transit Manager. In connection with any such appeal, CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Transit Manager shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide be the decision. b. Unless otherwise directed by CITY, CONTRACTOR shall continue performance under this agreement while matters in dispute are being resolved. c. Should either party to this agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. d. Unless this agreement provides otherwise, all claims, counterclaims, disputes and other matters in slotransit.org Part Two: Operations and Maintenance Agreement | Page 57 question between CITY and CONTRACTOR arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California. e. The duties and obligations imposed by this agreement and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by CITY or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. Resolution of Federal Procurement Issues The Federal Procurement Regulations shall be used where applicable to define, resolve, and settle procurement issues. Unless otherwise directed by CITY, CONTRACTOR shall continue performance under this agreement while matters in dispute are being resolved. Stop Work CITY may stop work on CITY's transportation system upon forty-eight (48) hours written notice to CONTRACTOR. CITY shall be liable for all relevant costs incurred prior to the stop-work period and for restart, if any. When exercising this provision, CITY shall be obligated for the costs of severance for personnel assigned to CITY's transportation system in accordance with the published policy and procedures of CONTRACTOR, a copy of which shall be provided to CITY upon request. Additionally, the cost associated with operations and facilities close down, shall be the obligation of CITY. CONTRACTOR shall make all reasonable efforts to minimize costs to CITY. Termination for Default a. All the terms, conditions, and covenants of this agreement are considered material and in the event CONTRACTOR breaches or defaults in the performance of any such terms, conditions, or covenants which are to be kept, done or performed by it, CITY shall give CONTRACTOR ten days written notice either by certified mail or by personal service, describing such breach or default, and if CONTRACTOR fails, neglects or refuses for a period or more than ten days thereafter to remedy, or cure such breach or default, then CITY without further notice, may terminate this agreement. In the event of termination of this agreement as hereinabove specified, CITY shall have the right to take immediate possession of all equipment and facilities provided by CITY to CONTRACTOR and of the facilities and equipment supplied by CONTRACTOR under the provisions of this agreement. In the event CITY does take possession of CONTRACTOR-supplied facilities and equipment, CONTRACTOR shall be reimbursed by CITY for the actual cost of the temporary use of said facilities and equipment. If it is later determined by CITY that 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 CONTRACTOR, CITY, after setting up a new delivery of performance schedule, may allow CONTRACTOR to continue work, or treat the termination as a termination for convenience. b. Bankruptcy: Either (a) the appointment of a receiver to take full possession of all or substantially all of the assets of CONTRACTOR or (b) a general assignment by CONTRACTOR for the benefit of creditors, or (c) any action taken by or suffered by CONTRACTOR under any insolvency or bankruptcy act shall constitute a breach of the agreement by CONTRACTOR and CITY shall have the option to terminate this agreement. The parties specifically agree that the selection of slotransit.org Part Two: Operations and Maintenance Agreement | Page 58 CONTRACTOR is based on factors that render contractor especially suited to perform this agreement, such that the identity of contractor is central to the obligations in this contract. Accordingly, this contract is similar to a personal services contract and non-assignable under 11 USC 365 (c). Termination for Convenience The performance of work under this agreement may be terminated by CITY in accordance with this clause in whole, or from time to time in part, whenever the Transit Manager shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to CONTRACTOR of a notice of termination specifying the extent to which performance of work under the agreement is terminated, and the date upon which such termination becomes effective. After receipt of a notice of termination, and except as otherwise directed by the Transit Manager, CONTRACTOR shall: a. Stop work under the agreement on the date and to the extent specified in the notice of termination; b. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; assign to CITY in the manner, at the times, and to the extent directed by the Transit Manager, all of the right, title, and interest of CONTRACTOR under the orders and subcontracts so terminated, in which case CITY shall have the right, in its discretion, to settle or pay and or all claims arising out of the termination of such orders and subcontracts; settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Transit Manager, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; transfer title to CITY and deliver in the manner, at the times, and to the extent, if any, directed by Transit Manager the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as part of, or acquired in connection with the performance of, the work. terminated, and the completed or partially completed plans, drawings, information and other property which, if the agreement had been completed, would have been required to be furnished to CITY; use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s) directed or authorized by the Transit Manager, any property of the types referred to above, provided, however, that CONTRACTOR shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price(s) approved by the Transit Manager, and provided further, that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by CITY to CONTRACTOR under this agreement or shall otherwise be credited to the price or cost of the work covered by this Contract or paid in such other manner as the Transit Manager may direct; complete performance of such part of the work as shall not have been terminated by the notice of termination; and take such action as may be necessary, or as the Transit Manager may direct, for the protection or preservation of the property related to this agreement which is in the possession of CONTRACTOR and in which CITY has or may acquire an interest. d. CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination slotransit.org Part Two: Operations and Maintenance Agreement | Page 59 claim to CITY to be paid CONTRACTOR. Remedies on Breach (Waiver of Remedies) The duties and obligations imposed by the agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by CITY or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach hereunder, except as may be specifically agreed in writing. In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this agreement, such waiver shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant or condition of this agreement. It is agreed that in the event of failure by CONTRACTOR to perform the services required by this agreement, in addition to all other remedies, penalties and damages provided by law, CITY may provide such services, and deduct the cost of doing so from the amounts due or to become due to the CONTRACTOR. The costs to be deducted shall be the actual costs to CITY to provide such services. Rights Upon Termination Or Expiration And Waiver Of Claims Upon expiration or earlier termination of this agreement, CITY shall have the right to provide the services by means of its own employees or pursuant to contract with other carrier(s) or otherwise. CONTRACTOR agrees to forever waive any claim, of any sort or nature, against CITY based upon CITY's operation, or contracting for the operation, of the service, or any portion of it. CONTRACTOR shall also waive any right that it otherwise might have to claim entitlement to benefits afforded to private mass transportation companies under Section 3(e) of the Federal Transit Act of 1964 (49 USC Sec. 1602(e)), as it now exists or hereafter may be amended. CONTRACTOR also hereby forever waives any claims of unfair competition that it otherwise might assert, any rights that otherwise might accrue to it under the above- mentioned provisions or under any other similar or comparable provisions of the law. Having entered into this agreement shall not be the sole reason whereby the CONTRACTOR shall be inhibited, penalized, or disqualified from submitting proposals for subsequent transportation, management, and operation programs under the jurisdiction of CITY. Changes CITY, without invalidating this agreement may order additions to or deletions from the work to be performed. Such changes shall be specified to CONTRACTOR in writing. If justified, the "Maximum Obligation" will be adjusted accordingly. New provisions must be mutually agreeable to both CITY and CONTRACTOR. A shift of vehicle service hours between services within the maximum value or an increase or decrease of up to ten percent within the current span of service would not constitute a change as defined in this agreement, but any such shift or change shall only occur at the direction of CITY. Modification of Agreement This writing constitutes the entire agreement between the parties relative to the subject matter of this agreement and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this agreement. There are no understandings, agreements or conditions with respect to the subject matter of this agreement except those contained in this writing. Notices All notices required to be given with respect to this agreement shall be in writing and mailed first class, slotransit.org Part Two: Operations and Maintenance Agreement | Page 60 postage prepaid to the persons named below or at such addresses as the parties may file with each other for such purpose. If to CONTRACTOR Copy To: If to CITY: Transit Manager City of San Luis Obispo, SLO TRANSIT 919 Palm Street San Luis Obispo, CA 93401 Proprietary Rights All inventions, improvements, discoveries, proprietary rights, copyrights and patents made by CONTRACTOR under this agreement shall be made available to CITY with no royalties, charges, or other costs, but shall be owned by CONTRACTOR. All manuals prepared by CONTRACTOR for use by CONTRACTOR in other locales shall be made available to CITY at no charge but shall be owned by CONTRACTOR and shall not be disclosed, or released by CITY without prior written consent of CONTRACTOR. Reports and manuals prepared by CONTRACTOR under this agreement for specific use in CITY's system shall become the property of CITY. CONTRACTOR, however, shall have the right to print and issue copies of these reports. CONTRACTOR may make presentations and releases relating to the project. Papers and other formal publications shall be approved by CITY prior to release. Force Majeure CONTRACTOR shall not be held responsible for losses, failure to perform, or excess costs caused by events beyond the control of CONTRACTOR. Such events may include, but are not restricted to, the following: fire, epidemics, earthquake, flood, or other natural disaster; acts of the government; riots, strikes, war or other civil disorders; or fuel shortages. In every case, CONTRACTOR shall resume performance at the earliest possible date following the cessation of such unforeseen causes or events. CONTRACTOR shall be entitled to no compensation for any service, the performance of which is excused pursuant to this paragraph. Information and Documents All information, data, reports, records, maps, survey results as are existing, available, and necessary for carrying out the work under this agreement, shall be furnished to CONTRACTOR without charge by CITY, and CITY shall cooperate in every way possible in the carrying out of the work without undue delay. Emergency Procedures In the event of a major emergency such as an earthquake, flood, or man-made catastrophe, CONTRACTOR shall make transportation and communication resources available to the degree possible for emergency assistance. If the normal line of direct CITY from CITY is intact, CONTRACTOR shall follow instruction of CITY. If the normal line of direct CITY is broken, and for the period it is broken, CONTRACTOR shall make best use of transportation resources following to the degree possible the direction of an organization such as the San Luis Obispo Office of Emergency Services, the police, Red Cross, or National Guard, which appears to have assumed responsibility within CITY's service area. Emergency uses of transportation may include evacuation, transportation slotransit.org Part Two: Operations and Maintenance Agreement | Page 61 of injured, and movement of people to food and shelter. CONTRACTOR shall be reimbursed in accordance with the normal "Price Formula" and "Payment" or, if the normal method does not cover the types of emergency services involved, then on the basis of fair, equitable and prompt reimbursement of CONTRACTOR'S actual costs. Reimbursement for such major emergency services shall be over and above the "Maximum Obligation" of this contract. Immediately when the emergency condition ceases, CONTRACTOR shall reinstate normal transportation services. Access to Records and Reports (Audit and Inspection) a. In accordance with 49 C.F.R. 18.36(i), CONTRACTOR shall permit CITY, the FTA Administrator, the Comptroller General of the United States, the California State Controller, and the Sacramento Area Council of Governments or any of their authorized representatives access to any to books, documents, papers and records of CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Further, CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. b. CONTRACTOR agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case CONTRACTOR agrees to maintain same until CITY, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). Transfer of Title to Equipment All equipment, parts and supplies purchased by CONTRACTOR under this agreement, either as a direct charge expense or within the defined scope of services, shall become the property of CITY upon either the payment of the direct charge invoice or the expiration or termination of this agreement for any reason unless otherwise specified in writing. The applicable depreciation schedule and residual value, if any, of such items shall be established prior to the execution of this agreement. CONTRACTOR shall maintain a perpetual inventory of all such equipment and supplies purchased under this and any prior agreement, to be submitted for review on or before August 31 of each year. CONTRACTOR shall be responsible for the replacement of any equipment, parts and supplies purchased or provided, either by CITY or CONTRACTOR, under this agreement that is lost or unreasonably destroyed while under the control of CONTRACTOR. Transportation Data Reporting CONTRACTOR shall report operating and financial data to CITY in accordance with the California Public Utilities Code, Chapter 4, Section 99243, and California Administrative Code Title 21, Chapter 3, Subchapter 2, as required under California Transportation Development Act, and with Level "R" of the Uniform Financial Accounting and Reporting Elements as required by the National Transit Database System and the Federal Transit Act of 1964 as both are amended from time to time. Permits and Licenses At its sole cost and expense, CONTRACTOR shall obtain any and all permits, licenses, certificates, or entitlement to operate as are now or hereafter required by any agency, specifically including, but not limited to, those that may be required by the California Public Utilities Commission, the California Highway Patrol, the slotransit.org Part Two: Operations and Maintenance Agreement | Page 62 Department of Motor Vehicles and local jurisdictions, to enable CONTRACTOR to perform this agreement. Copies of all such entitlements shall be provided to CITY when received by CONTRACTOR. In the event that any aspect of this agreement requires prior approval by the PUC, the CONTRACTOR shall submit necessary application forms. Both parties shall appear as necessary and cooperate in the commission approval process. CITY reserves the right to oppose, support or be neutral on any such request and on the PUC's ruling thereon. CONTRACTOR covenants to obtain all such approvals before commencing operations, and to conform to the PUC ruling thereon, at its sole cost and expense. Non-Discrimination in Employment and Service a. In connection with the execution of this agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, or national origin or ancestry. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or terminations; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. CONTRACTOR must submit a properly executed and current Employer Information Report (EEO-1) upon request of CITY. CONTRACTOR further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. b. CONTRACTOR shall also comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) and with all applicable regulations, statutes, laws, etc., promulgated pursuant to the civil rights acts of the state and federal government now in existence or hereafter enacted. Further, CONTRACTOR shall also comply with the provisions of Section 1735 of the California Labor Code. c. CONTRACTOR shall not discriminate, nor allow any of its officers, employees, or agents to discriminate against any passenger or patron because of race, color, sex, age, or national origin or ancestry. d. CONTRACTOR shall promptly notify CITY of any discrimination complaints. CONTRACTOR shall, at its sole cost and expense, conform to any final orders issued by any State or Federal agency with jurisdiction to correct the CONTRACTOR'S discrimination in employment and/or service and shall fully save harmless and indemnify CITY in this regard. Labor Provisions In accordance with 40 U.S.C. 329 and 29 CFR Part 5, CONTRACTOR hereby certifies compliance with the following provisions related to the employment of mechanics and laborers under the Contract Work Hours and Safety Standards Act. a. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week. slotransit.org Part Two: Operations and Maintenance Agreement | Page 63 b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5, contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen or guards, employed in violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 515 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5. c. Withholding for Unpaid Wages and Liquidated Damages. CITY shall upon its own action or upon written request of authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR Section 5.5. d. Non-Construction Grants. Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the recipient shall require the contracting Officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by contractor or subcontractor for inspection, copying, or transcription by authorized representatives of Department of Transportation (“DOT”) and the Department of Labor and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. e. Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (a) through (e) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (a) through (e) of this paragraph. f. CONTRACTOR and any subcontractor shall comply with 40 U.S.C. 3701. Transit Employee Protective Agreements a. General Transit Employee Protective Requirements – To the extent that the Federal Transit Administration (FTA) determines that transit operations are involved, CONTRACTOR agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.-Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient’s project from which Federal assistance is provided to support work on the underlying contract. slotransit.org Part Two: Operations and Maintenance Agreement | Page 64 CONTRACTOR agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternative provisions for these projects are set forth in subsections (b) and (c) of this clause. b. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities – If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, CONTRACTOR agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL’s letter of certification to FTA, the date of which is set forth Grant Amendment or Cooperative Agreement with the state. CONTRACTOR agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. c. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5311 in Nonurbanized Areas – If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, CONTRACTOR agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. d. CONTRACTOR also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or part with Federal assistance provided by FTA. Access Requirements for Persons with Disabilities CONTRACTOR agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; 49 U.S.C. § 5301(d); and all regulations promulgated to implement the ADA and Section 504 of the Rehabilitation Act of 1973, as amended, as may be applicable to CONTRACTOR. Civil Rights During the performance of this contract, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows: a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex age, or disability. In addition, CONTRACTOR agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. b. Equal Employment Opportunity. The following equal employment opportunity requirements apply to the underlying contract: slotransit.org Part Two: Operations and Maintenance Agreement | Page 65 c. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue. d. Age – In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue. e. Disabilities – In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, CONTRACTOR agrees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue. f. Subcontracts. CONTRACTOR agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. g. Employer Information Report. CONTRACTOR must submit a properly executed and current Employer Information Report (EEO-1) upon request of CITY Disadvantaged Business Enterprise e. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 applies to this agreement. f. CONTRACTOR agrees to ensure that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this agreement. In this regard, CONTRACTOR and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. CONTRACTOR and its subcontractors shall not discriminate on the slotransit.org Part Two: Operations and Maintenance Agreement | Page 66 basis of race, creed, national origin, age or sex in the award and performance of federal-assisted contracts. g. CONTRACTOR shall cooperate fully with CITY in meeting any of CITY's commitments and goals with regard to the maximum utilization of disadvantaged business enterprises. CONTRACTOR shall keep records of DBE participation in all activities carried out pursuant to this agreement, and shall report to CITY all such participation and efforts made to encourage DBE participation as required by CITY. See Appendix H – DBE Goal for the current established goal. h. CONTRACTOR shall incorporate the provisions of this paragraph in all applicable subcontracts. Drug and Alcohol Testing CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or CITY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. CONTRACTOR agrees further to certify annually its compliance with Part 655 and to submit the Management Information System (MIS) reports by March 1 of each year to CITY. To certify compliance, CONTRACTOR shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register. Charter Service Operations The CONTRACTOR agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, and any amendments thereto that may be issued, which provides that recipients and subrecipients of 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 at 49 CFR 604.9. 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. School Bus Operations CONTRACTOR agrees that neither it nor any subcontractor performing work in connection with this agreement will engage in school bus operations for the transportation of students or school personnel exclusively in competition with private school bus operators, except as permitted by 49 U.S.C. § 5323(f) and FTA regulations , “School Bus Operations,” 49 C.F.R. Part 605, and any amendments thereto that may be issued. Any applicable school bus agreement required by these regulations is incorporated by reference and made part of this agreement. Miscellaneous Provisions a. Energy Conservation. CONTRACTOR agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act. slotransit.org Part Two: Operations and Maintenance Agreement | Page 67 b. Interest of Members of or Delegates to Congress. In accordance with 18 USC, Section 431, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. c. Conflict of Interest. No employee, officer, director or agent of CITY shall participate in the selection, award or administration of this agreement if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, or any member of his immediate family, or an organization which employs, or is about to employ same, has a financial or other interest in the firm selected for award. No employee, officer, or agent of CITY shall have any interest, direct or indirect, in this contract or the proceeds thereof during his tenure or for one year thereafter. d. Clean Water Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issues pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to CITY and understands and agrees that CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 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. e. Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONTRACTOR agrees to report each violation to CITY and understands and agrees that CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. CONTRACTOR also agrees to include this requirement in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. f. Debarred Bidders. This agreement is a covered transaction for purposes of 49 CFR Part 29. As such, CONTRACTOR has verified by signed certification that none of its principals, as defined at 49 CRR 29.995, or affiliates, as defined by 49 CFR 29.905, are excluded or disqualified at 49 CFR 29.940 and 29.945. CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49CFR 29, Subpart C in any lower tier covered transaction it enters into. g. Conflict of Transportation Interests. The CONTRACTOR shall not divert any revenues, passengers, or other business from CITY's project to any taxi or other transportation operation of CONTRACTOR without the written approval of CITY. h. Conflicting Use. The CONTRACTOR shall not use any vehicle, equipment, personnel or other facilities which are dedicated to CITY for performing services under this agreement for any use whatsoever other than provided for in this agreement without the prior approval of CITY. i. Fair Employment and Housing Act. CONTRACTOR shall comply with the requirements of the California Fair Employment and Housing Act, j. Working Conditions. It shall be a condition of this agreement, and shall be made a condition of each subcontract entered into pursuant to this agreement, that the CONTRACTOR or the subcontractor shall not require any laborer or mechanic employed in connection with the performance of this agreement to work under working conditions which are unsanitary, hazardous or dangerous to his health or safety, slotransit.org Part Two: Operations and Maintenance Agreement | Page 68 as determined under the California Occupational Safety and Health Act of 1973 (Chapter 993, Statutes of 1973). k. Federal Changes. CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between CITY and FTA, as they may be amended or promulgated from time to time during the term of this contract. CONTRACTOR’S failure to so comply shall constitute a material breach of this contract. l. No Obligation by the Federal Government. 1. CITY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to CITY, CONTRACTOR, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. CONTRACTOR agrees to include the above clause in each subcontract financed in whole in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. m. Fly America Requirements. CONTRACTOR agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. n. Recycled Products. CONTRACTOR agrees to comply with all of 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. CONTRACTOR agrees to include these requirements in every subcontract. o. Taxes/Licenses. CONTRACTOR shall be responsible for paying any and all Federal, State, and Local taxes. CONTRACTOR shall also be responsible for securing and paying for any and all business licenses and taxes that may be required for the operation of services within the scope of this agreement. p. Failure to Act. No action or failure to act by either party shall be a waiver of a right or duty afforded under this agreement, nor shall such action or failure to act constitute a breach of this agreement, except as specifically agreed to in writing. slotransit.org Part Two: Operations and Maintenance Agreement | Page 69 q. Conflict of Interests. CONTRACTOR shall not divert any revenues, passengers, or other business from CITY to any taxi or other transportation operation. r. Waiver and Non-Waiver. A waiver by one party of a right to a remedy for breach of this contract by the other party shall not be deemed to waive the right to a remedy for a subsequent breach by the other party. Both parties, having had the opportunity to consult an attorney regarding the provisions of this agreement, agree to waive the principle of contract interpretation that an ambiguity will be construed against the party that drafted the ambiguous provision. s. Time is of the Essence. Time is of the essence in this agreement. CONTRACTOR’S failure to deliver goods/services on time shall be a material breach of this contract. If CONTRACTOR fails to deliver goods/services on time, CITY, at its discretion, may procure those goods/services from another source. If the price paid by CITY for goods/services procured from another source under this paragraph is higher than the price under this agreement, CONTRACTOR shall pay CITY the difference between those prices. CITY may deduct that difference from any amount CITY owes CONTRACTOR. t. Intelligent Transportation System (ITS). For all ITS property and services, the Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the National ITS Architecture and Standards to the extent required by 23 U.S.C. Section 517(d) and 23 CFR part 655 and 940. Lobbying CONTRACTOR shall comply with 31 U.S.C. 1352, which provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered Federal actions: 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. CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.” Compliance with Federal, State, and Local Laws CONTRACTOR warrants and covenants that it shall fully and completely comply with all applicable Federal, State, and Local laws and ordinances, and all lawful orders, rules and regulations issued by any CITY with jurisdiction in all aspects of its performance of this agreement. CONTRACTOR shall hold CITY harmless from any claims or charges by reason of the CONTRACTOR's or any subcontractor's failure to slotransit.org Part Two: Operations and Maintenance Agreement | Page 70 comply with the applicable laws or any regulations adopted pursuant thereto and shall reimburse CITY for any fines, damages or expenses of any kind incurred by it by reason of said failure. This paragraph shall survive the termination of this agreement or any extensions thereof. Program Fraud and False or Fraudulent Statements Or Related Acts a. CONTRACTOR acknowledges that the provisions of the Program Fraud Civic Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies”, 49 C.F.R. Part 31, apply to its actions pertaining to this agreement. Upon execution of the underlying contract, CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, 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 on CONTRACTOR to the extent the Federal Government deems appropriate. b. 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 FTA under CITY of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l) on CONTRACTOR, to the extent the Federal Government deems appropriate. c. CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 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 4220.1E 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. CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any CITY requests, which would cause CITY to be in violation of the FTA terms and conditions. Privacy Act The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Government under any contract involving Federal Privacy Act requirements. CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, CONTRACTOR agrees to obtain the express consent of the Federal Government before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. CONTRACTOR also slotransit.org Part Two: Operations and Maintenance Agreement | Page 71 agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Independent Contractor a. Neither of the parties hereunder shall be deemed to be the agent, employee, partner, or joint venture of the other. CONTRACTOR is and should be an independent contractor performing services under this agreement for the consideration herein set forth. b. CONTRACTOR'S employees shall at all times be and remain the sole employees of CONTRACTOR, and CONTRACTOR shall be solely responsible for payment of all employees' wages and benefits. CONTRACTOR, without any cost or expenses to CITY, shall faithfully comply with the requirements of all applicable State and Federal enactments with respect to employer's liability, worker's compensation, unemployment insurance and other forms of Social Security, and also with respect to withholding of income tax at its source from wages of said employee and shall indemnify and hold harmless CITY from and against any and all liability, damages, claims, costs and expenses of whatever nature arising from alleged violation of such enactments or from any claims of subrogation provided for in such enactment or otherwise. c. This agreement does not constitute a contract of employment between CITY and CONTRACTOR or any agents, officers or employees of CONTRACTOR. After the expiration or termination of this agreement, CONTRACTOR'S successor shall be permitted to hire any CONTRACTOR employees previously employed on this program. At that time, in hiring a CONTRACTOR employee or a former CONTRACTOR employee, CITY shall ensure and require that such employment process fairly treat former CONTRACTOR employees as members of the general public with no discrimination, no waiver of job advertising, no consideration of employee's seniority with CONTRACTOR and no other privilege different from that accorded to members of the general public. Transition to Future Operator Up to and for a minimum of thirty (30) days following the effective date of termination or expiration of this agreement, CONTRACTOR shall provide to either CITY or any future operator selected by CITY, CONTRACTOR'S full cooperation in the transition to the successor operator. This shall include, at a minimum, consultation regarding labor and management issues (including a delineation of wages and benefits by employee category), access to non-confidential personnel files and maintenance records. CONTRACTOR shall provide its best professional effort to assure a smooth transition from CONTRACTOR'S services to those provided by the new operator and shall cooperate fully with CITY and the new operator to this end. Severability If any provision of this agreement is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall have no effect on the validity of the remaining provisions of this agreement and such remaining provisions shall continue to remain in full force and effect. Precedence of Contract Documents The total agreement between the parties consists of the documents specified in this paragraph. In the event of slotransit.org Part Two: Operations and Maintenance Agreement | Page 72 a conflict or ambiguity arising between said documents, or any term or condition therein, the document having precedence shall be determined as follows: a. Any supplemental agreements executed after the date of this agreement. b. This agreement and attachments thereto, including Exhibit A (Scope of Work). c. Exhibits B (RFP) and C (CONTRACTOR’S proposal including any “Best & Final Offer”) to this agreement. Additional Terms In the case of dispute the prevailing party in any action between the parties to this agreement, brought to enforce the terms of this agreement, may recover from the other party its reasonable costs and attorneys’ fees in connection with such an action. The validity in whole or in part of any provision of this agreement shall not affect the validity of other provisions. CITY's failure to insist in any one or more instances upon the performance of any term or terms of this agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such a term or terms, and CONTRACTOR'S obligations in respect thereto shall continue in full force and effect. Time shall be of the essence. Changes hereto shall not be binding upon CITY except when specifically confirmed in writing by CITY. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. CITY [CONTACTOR] By: By: Title: Title: Attest: By: By: Title: Title: Approved as to Form: By: Title: slotransit.org Part Three: Scope of Work | Page 73 Part Three: Scope of Work (AKA Exhibit A) SLO TRANSIT, City of San Luis Obispo PART THREE: SCOPE OF WORK ................................................................................................................... 73 1. GENERAL INFORMATION ....................................................................................................................................... 75 2. ROLE OF THE CITY .................................................................................................................................................. 75 A. Contract Administration ................................................................................................................................................ 75 B. Policies & Procedures .................................................................................................................................................... 75 C. Point of Contact ............................................................................................................................................................ 75 D. Routes & Schedules ....................................................................................................................................................... 75 E. Funding Management ................................................................................................................................................... 76 F. Vehicles, Equipment & Facilities ................................................................................................................................... 76 G. Marketing, Advertising & Public Communications........................................................................................................ 77 H. Schedules, Passes, Tickets, Transfers and Service Brochures ........................................................................................ 77 I. Monitoring and Auditing ............................................................................................................................................... 77 J. Purchase of Fuel ............................................................................................................................................................ 77 K. Compensation ............................................................................................................................................................... 77 L. Federal Clauses.............................................................................................................................................................. 78 3. ROLE OF THE CONTRACTOR ................................................................................................................................... 79 A. Policies & Procedures .................................................................................................................................................... 79 B. Operations: Routes & Schedules ................................................................................................................................... 79 C. Funding Management ................................................................................................................................................... 79 D. Maintenance & Cleaning: Vehicles, Equipment, Facilities and Street Furnishings ...................................................... 80 E. Facility Maintenance Program ...................................................................................................................................... 81 F. Marketing ...................................................................................................................................................................... 82 G. Point(s) of Contact......................................................................................................................................................... 82 H. Staffing .......................................................................................................................................................................... 82 I. Failing to Employ Required Management - Penalty ...................................................................................................... 84 J. Other Positions .............................................................................................................................................................. 84 K. Union Relations ............................................................................................................................................................. 86 L. Drug Testing .................................................................................................................................................................. 86 M. Customer Service .......................................................................................................................................................... 86 N. Training ......................................................................................................................................................................... 87 O. Training Equipment ....................................................................................................................................................... 87 P. Uniforms ........................................................................................................................................................................ 87 Q. Time Keeping ................................................................................................................................................................. 87 R. System Safety ................................................................................................................................................................ 87 S. Insurance ....................................................................................................................................................................... 88 T. Preventive Maintenance and Inspection ...................................................................................................................... 88 U. Vehicle Repair ............................................................................................................................................................... 88 V. Overhaul and Replacement (Major Components) ........................................................................................................ 89 W. Maintenance Records .................................................................................................................................................... 89 slotransit.org Part Three: Scope of Work | Page 74 X. Parts Inventory .............................................................................................................................................................. 90 Y. Farebox Revenue Collection and Accounting ................................................................................................................ 90 Z. Operational Contingencies ............................................................................................................................................ 90 AA. Declared Emergencies ................................................................................................................................................... 91 BB. Disadvantaged Business Enterprises Goal ..................................................................................................................... 91 CC. Reporting ....................................................................................................................................................................... 91 DD. Financial Records........................................................................................................................................................... 91 EE. Operating Reports ......................................................................................................................................................... 91 FF. Accident and Incident Reporting ................................................................................................................................... 92 GG. Compensation ............................................................................................................................................................... 92 HH. Surveys .......................................................................................................................................................................... 93 II. Penalties & Incentives (Liquidated Damages) ............................................................................................................... 93 JJ. Environmentally Friendly / Recycling Program ............................................................................................................. 93 slotransit.org Part Three: Scope of Work | Page 75 Part Three: Scope of Work (AKA Exhibit A) SLO TRANSIT, City of San Luis Obispo 1. GENERAL INFORMATION This Scope-of-Work contains technical specifications concerning work to be performed by the independent CONTRACTOR upon entering into a written agreement with the CITY. Proposing Contractors are instructed to review the requirements outlined herein, and to prepare proposals which respond, as indicated in the Request for Proposals, referencing the Scope-of-Work as appropriate. This section describes the role of both the CITY and the CONTRACTOR, how they interrelate in this contract. This section also defines the expectations for the CONTRACTOR in the area of transit operation, maintenance and other performance requirements along with the penalties and incentives for not meeting such criteria. ROLE OF THE CITY The CITY is responsible for the general administration of the public transit system as it is developed to meet the community needs and which demonstrate a stewardship of limited public resources, as outlined herein. A. Contract Administration The CITY is responsible for the administration of this contract, establishing clarifications, amendments and addendums as well as issuing penalties (liquidated damages) and incentives as established per the contract. Appendix G – Penalties & Incentives for a list of Penalties (Liquidated Damages) and Incentives. B. Policies & Procedures The CITY will establish policies, procedures and ordinances which do not conflict with Federal, State, Local laws and statues, nor the CONTRACTOR’s documented safety practices. C. Point of Contact The CITY will provide a Transit Manager, or their designee, as the primary point of contact for issues related to administering the public transit system and its related contract. Unless otherwise noted, the option of a Transit Manager’s Designee is synonymous with use of “Transit Manager.” D. Routes & Schedules CITY shall be responsible for all planning and scheduling activities relative to routes, public schedules, service areas, days and hours of operations, bus stop locations, location of street furnishings, preparation of planning documents and other such activities relative to overall system administration. The CONTRACTOR will provide assistance, as requested by the City, in the development of these. Additionally, at times, the CITY may need to develop new routes and schedules or make adjustments to existing service to reflect new developments, changing road conditions, for improved operational functionality, to meet changing rider needs and/or reflective of budget changes. The CITY will inform the CONTRACTOR of these changes in advance. Short Range Transit Plan As required, the City from time to time conducts a comprehensive analysis of its public transit system slotransit.org Part Three: Scope of Work | Page 76 known as a Short Range Transit Plan (SRTP). These plans usually recommend significant operational changes. The current SRTP update is underway and is scheduled for adoption in spring of 2016. The contractor will cooperate with CITY in implementation of these changes. In addition, the SRTP is updated approximately every five (5) years and will be updated at least once during the upcoming Contract period, if all extensions are executed. Significant Service Changes If service changes result in a greater than or equal to 15% change (up or down) in service hours, this shall be cause for the CITY and the CONTRACTOR to renegotiation of the contract, if necessary. E. Funding Management The CITY is responsible for the funding associated with administering the public transit system and the reporting to vested local, regional, state and federal agencies. The City will be responsible for budgets, grant applications and accounting. However, the CITY will rely on the CONTRACTOR to provide support data associated with such reporting and fund management. F. Vehicles, Equipment & Facilities The CITY shall provide fixed-route vehicles (buses), and at its discretion, ancillary support vehicles. The CITY will also provide system support equipment, such as: fare boxes, communication radios, an AVL system, compute r server, vehicle cameras, router/modems, limited computers, facility access control system, etc. As well, the CITY will provide an Operation and Maintenance facility, public Transit Center, street furnishings (e.g. bus stops) and some equipment (e.g. vehicle lifts) which the CITY has deemed prudent to provide. The provision for equipment does not include mechanic tools which the CONTRACTOR is responsible for providing either directly or by making employees provide on their own. The CITY retains the right to perform spot-checks on any of these without prior notice. The CITY must be provided access to the facilities and vehicles 24 hours a day, 365 days a year. The CITY retains the right to acquire additional, replace existing, substitute existing or retire existing vehicles/equipment entirely without replacement; according its own external and internal regulations, budgets or as it deems necessary. Vehicles The CITY currently provides a fleet of twenty (20) vehicles. These include seventeen (17) diesel fixed- route buses ranging from 30-40’ in length, one (1) diesel 30’ Trolley, one (1) 28’ gasoline cut-away vehicle, one (1) accessible minivan and one (1) shop truck with utility bed. The CONTRACTOR shall be responsible for the upkeep of all vehicles to the satisfaction of the Transit Manager. For a complete list of currently available fixed-route and ancillary support vehicles please refer to Appendix B. These vehicles will be leased out to the CONTRACTOR in the amount of $1 per vehicle per year and to be paid prior to the start of every fiscal year (July 1st). Equipment Where it has been deemed prudent, the CITY has provided some equipment, such as vehicle lifts, generator and a forklift. The CONTRACTOR shall assume all liability for said equipment and responsibility upon the date of Contract agreement. There is no cost associated with the use of CITY owned equipment but the CONTRACTOR is responsible for their regular maintenance upkeep and other needs to keep equipment in service. In addition, the CONTRACTOR is responsible for replacement if damaged beyond repair at the determination of the Transit manager. For a complete list of CITY provided equipment please refer to Appendix D – City Provided Equipment slotransit.org Part Three: Scope of Work | Page 77 Facilities The City provides a public Transit Center, located adjacent to City Hall at 990 Palm Street and a Bus Maintenance and Operations Center located at 29 Prado Road. The CONTRACTOR shall be responsible for the upkeep of the Operations and Maintenance facility and of any spills that occur at the public Transit Center to the satisfaction of the Transit Manager. For a complete list and description of available transit facilities please refer to Appendix E. These facilities will be leased out to the CONTRACTOR in the amount of $1 per year and to be paid prior to the start of every fiscal year (July 1st). Street Furnishings SLO TRANSIT, or its designee, shall purchase, install, maintain and replace all street furnishings provided for the benefit of the public using the SLO TRANSIT system. Such furnishings shall include, but not be limited to, bus stop signs, posts, schedule holders, benches and shelters. Some upkeep is expected from the CONTRACTOR, as designated by the Transit Manager. G. Marketing, Advertising & Public Communications The CITY shall prepare, place, schedule and pay for all advertising and promotional materials designed to inform the public of SLO TRANSIT service updates and to promote ridership increase. Specifically, the City is responsible for the development of advertisement, marketing, promotional materials/events, design/production of collateral service materials, management of social media, as well as the development of press releases and public communication which convey pertinent information to the public. However the CITY may rely on the CONTRACTOR to support such communication efforts with their staff’s participation and compliance with established marketing programs. H. Schedules, Passes, Tickets, Transfers and Service Brochures CITY shall prepare, print and provide all required schedules, passes, tickets, transfers, service brochures and like materials. CONTRACTOR shall distribute and disseminate such materials as appropriate in accordance with the provisions of this agreement and any directions supplemental thereto as provided by SLO TRANSIT. I. Monitoring and Auditing The CITY shall have the right to have authorized personnel to board, at no cost to CITY, all buses utilized by CONTRACTOR in the performance of service for the purpose of monitoring service. In addition, the CITY reserves the right to monitor services in person or by making use of video surveillance and by audit all records in connection with providing the public transit service, using hired personnel, without prior notification to the CONTRACTOR. J. Purchase of Fuel The CITY shall review and approve the bid process the CONTRACTOR has used to identify an appropriate fueling location on a quarterly basis. CONTRACTOR shall provide measures to ensure fuel usage is only for use related to providing the public transit system and not for personal use. K. Compensation The CITY shall compensate the CONTRACTOR for work performed that is in conformity with this contract no later than 30 days after monthly invoices which are due on the 10th calendar day following the month in closing are deemed complete, unless expenses are being challenged by the CITY. The CITY holds the right to challenge slotransit.org Part Three: Scope of Work | Page 78 expenses that appear to be outside the scope of work, are in excess or dispute, or have not been legitimized by the monthly invoice submittal. L. Federal Clauses As recipient of Federal funds, the CITY abides by all applicable Federal Clauses the Master Agreement and all pertinent Circulars related to Transit operations and by extension, so will the CONTRACTOR. See Appendix F – Federal Clauses for a complete list of Federal Clauses. For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, as amended, Title 23, United States Code (Highways), the Moving Ahead for Progress in the 21st Century Act (MAP-21), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), as amended by the SAFETEA-LU Technical Corrections Act of 2008, or other Federal laws that FTA administers. slotransit.org Part Three: Scope of Work | Page 79 ROLE OF THE CONTRACTOR The CONTRACTOR is responsible for abiding by the CITY’s criteria for operations of the public transit system as established herein this document. A. Policies & Procedures The CONTRACTOR shall abide by CITY established policy, procedures and ordinances that do not contradict Federal, State, and Local laws and statutes. The CONTRACTOR shall abide by CONTRACTOR’s documented safety practices and procedures as approved by the City, and ensure that all their employees are made aware of these and that corrective action(s) is taken if/when they are not in compliance. The CONTRACTOR may establish its own additional internal policies and procedures to ensure a safe and efficient operation and as additional stewards of the public transit system. B. Operations: Routes & Schedules Abide by established Routes & Schedules, as set by the CITY, as well as provide feedback before, during and post implementation in order to achieve a workable transit model which best meets community needs and yet reflects the transit system’s reasonable capabilities. See Appendix A – Route Schedule & Stats for a complete description of Routes & Schedules Service Change Assistance At times, routes and schedules may need to be adjusted to reflect CITY growth, road conditions, operational functionality, changing rider needs or changes to the transit budget. The CITY will make every effort to inform the CONTRACTOR of these changes. CONTRACTOR will provide personnel to assist in service change activities including, but not limited to, the following: new bus stop evaluations, identifying bus stop location changes, runtime evaluation, bus stop schedule information changes, painting red curb, rider alerts, passenger notifications, schedule deliveries, and other field work assistance necessary to implement route/schedule changes. Short Range Transit Plan As required, the City from time to time conducts a comprehensive analysis of its public transit system known as a Short Range Transit Plan (SRTP). These plans usually recommend significant operational changes. The current SRTP update is underway and is scheduled for adoption in spring of 2016. The CONTRACTOR will cooperate with CITY in implementation of these changes. In addition, the SRTP is updated approximately every five (5) years and will be updated at least once during the upcoming Contract period. Significant Service Changes If service changes result in a greater than or equal to 15% change (up or down) in service hours, this shall be cause for the CITY and the CONTRACTOR to request of renegotiation the contract, if necessary. C. Funding Management The CITY is responsible for the funding associated with administering the public transit system; however the CONTRACTOR is required to keep detailed records of expenditures and revenues (such as farebox) that assist in the development of budgets and vested organization reporting. The CITY retains ownership of such data and records. The CONTRACTOR shall adopt and practice methods of operation that demonstrate a good stewardship of limited public funds. slotransit.org Part Three: Scope of Work | Page 80 D. Maintenance & Cleaning: Vehicles, Equipment, Facilities and Street Furnishings The CONTRACTOR shall be responsible for the maintenance of CITY provided vehicles, equipment and facilities, as established by manufacturer’s manuals. A penalty may be assessed if it is deemed that the CONTRACTOR failed to do so, and as such, is responsible for the premature ruin of a vehicle, equipment and or facility. The penalty will reflect the cost to replace or fix the damaged asset that has occurred, as determined by the Transit Manager. Facility – Interior Cleaning CONTRACTOR shall be solely responsible for janitorial services to the building and grounds of the Operations & Maintenance Facility, either directly or by subcontracting. Facility cleaning will be done on a weekly basis and include, but not be limited to the activities of: vacuuming, mopping, dusting, window cleaning, emptying the trash, spot cleaning and restroom cleaning. Failure to provide adequate cleanliness is subject to Liquidated Damages, as described in Appendix G, subject to the Transit Manager’s discretion. If major repairs are required, CONTRACTOR shall notify the Transit Manager in writing. Facility – Exterior Cleaning CONTRACTOR shall be solely responsible for cleaning and landscaping of the exterior of the Operations & Maintenance Facility. Exterior facility cleaning will be done on a twice monthly basis and shall include, but not be limited to: organizing, sweeping, weeding, pruning and picking up the trash around the exterior of the entire facility, either by performing the tasks directly or by subcontracting. Spills must be addressed immediately. Failure to provide adequate cleanliness is subject to Liquidated Damages, as described in Appendix G, subject to the Transit Manager’s discretion. If major repairs are required, CONTRACTOR shall notify the Transit Manager in writing. Vehicles - Interior Cleaning The interior of all vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. Vehicles shall be swept, mopped, dusted and wiped daily. During the daily interior cleaning process, all foreign matter such as gum, grease, dirt and graffiti shall be removed from interior surfaces, including interior panels, windows, seats and upholstery. All graffiti and dirt adhered to the seats, interior panels and windows must be removed within 24 hours. Any damage to seat upholstery shall be repaired within twenty-four (24) hours upon discovery. The interiors of all vehicles shall be thoroughly cleaned at least twice per week, including all windows, seats, floor, stanchions and grab rails. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Floors shall be waxed with a non-slip wax at least once per month, or more often as necessary. The interior glass for the destination sign shall be cleaned as necessary to maintain a clean appearance and maximize visibility. Vehicles - Exterior Cleaning CONTRACTOR shall remove all graffiti, dirt and/or other marks on the vehicle exterior within twenty- four (24) hours of discovery. Exteriors of all vehicles shall be washed as required to maintain a clean, inviting appearance and in no event less than once per week unless otherwise indicated by the Transit Manager, as in the case of drought conditions. Exterior washing shall include the vehicle body, all windows and wheels. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with a preservative at least once per month, or as necessary to maintain an attractive appearance. slotransit.org Part Three: Scope of Work | Page 81 CONTRACTOR shall maintain an up-to-date record of all washings and cleanings. Said record shall be made available to Transit Manager upon request. A vehicle may be removed from service by the Transit Manager for unacceptable appearance, and CONTRACTOR shall be subject to penalties. CONTRACTOR shall be subject to random spot checks where a CITY staff member checks a sample of vehicles. CITY reserves the right to pull vehicles out of service if they do not meet the standards set forth in this contract. This check will look for cleanliness problems, graffiti, W/C lift operation, seat conditions, mechanical operations, mechanical conditions, and any other critical items CITY deems important. Hand Sanitizers Where found on vehicles, hand sanitizer dispensers are made available for the benefit of the public. The CONTRACTOR will maintain these in working order and assure that they are refilled as needed, but may charge back to the CITY, at-cost, the expense of refilling them by itemizing this cost in the monthly invoice and by providing back-up as proof of purchase. Street Furnishings SLO TRANSIT, or its designee, shall purchase, install, maintain and replace all street furnishings provided for the benefit of the public using the SLO TRANSIT system. Some upkeep is expected from the CONTRACTOR, as designated by the Transit Manager. This may require weed abatement, applying safety tape to indicate its unavailability and debris/part recovery (e.g. broken glass and collecting broken pieces) The CONTRACTOR shall make an attempt to use sanitation/germ killing cleaning products but consideration should also be given to environmentally friendly cleaning products. These products are subject to approval by the Transit Manager. Provided vehicles, equipment and facilities are only for the public transit system purpose. Vehicles, equipment and facilities cannot be used for any other purposes without explicit consent from the Transit Manager. E. Facility Maintenance Program The CONTRACTOR shall create and submit for approval, by the Transit Manager, a Facility Maintenance Program specifying a designation of work, the method, degree and frequency of work of its Facility Maintenance Program to satisfy requirements of in Section D. At a minimum the facility must be maintained, secured, safely operated and accessible. Failure to comply with the approved Preventative Maintenance Program is subject to Liquidated Damages as described in Appendix G – Penalties & Incentives. Spill Containment Plan & Clean Up In addition to regular preventative maintenance and upkeep, the Contractor shall develop a Spill Containment plan. This plan will address, to the satisfaction of the Transit Manager, how spills of vehicles fluids will be mitigated, managed and addressed. The Contractor shall also have spill containment kit(s) with proper personal protective equipment, clean-up equipment and materials to address such spills should they occur. The Transit Manager is to be notified of all spills within 24 hours of the event. Since incidental vehicle fluid leakage is typical in any transit operation, the Contractor shall slotransit.org Part Three: Scope of Work | Page 82 also once a year have bus bays at the Transit Center and Bus Yard steam cleaned to reduce the risk of run-off. F. Marketing The CONTRACTOR is responsible for abiding by and supporting CITY established advertising/marketing efforts. This may include, but is not limited to: stocking of brochures, maps, guides, flyers, on-vehicle ad placement and removal (i.e. car cards), driver’s deliberate (as oppose to passive) participation in distribution of materials, audibly informing the public on and off transit vehicles of running promotions, staffing public events, making vehicles and drivers “show ready” for on camera appearances, etc. The CONTRACTOR may charge back an employee’s time, at no more than their regular hourly rate (plus overtime rate if required), when they are used away from typical fixed-route operations. The CONTRACTOR cannot double charge the CITY if the promotion runs parallel to their typical on-duty obligations. G. Point(s) of Contact The CONTRACTOR must provide the CITY a current up-to-date list of point of contacts for key positions as described herein in this document. These include at a minimum: One (1) Resident General Manager, One (1) Maintenance Manager and One (1) Operations Manager. These are key personnel who will be expected to provide primary contact with CITY staff and be responsible for management and supervision of CONTRACTOR’s employees. The names and resumes of these specific individuals and all other CONTRACTOR’s Management Staff shall be provided as part of the CONTRACTOR’s Proposal. Additionally, the CONTRACTOR must provide the contact information (name, title, phone, email address, mailing address) of related key individuals based in corporate and/or regional offices. H. Staffing The CONTRACTOR is responsible for all issues related to employment (i.e. recruitment, qualification verification, training, retention, compensations, corrective actions, dismissal and all points in between) related to securing and retaining qualified staffing needed for meeting operational needs of the public transit system, as established by the CITY. Where there is a known need, the CITY has established the minimum key positions and criteria that are required to be met. These individuals will be expected to located at the CITY’s Transit Operations & Maintenance facility located at 29 Prado Road, and shall perform no other work, thus, solely working on this Contract. The key positions include the following with each needing approval by the City prior to use on the Contract: Resident General Manager The CONTRACTOR shall designate and provide the services of a full-time Resident General Manager (GM), subject to the review and approval of the Transit Manager. A Resident GM is defined as the local area top-level manager who operates directly out of the designated local facility and not remotely from another location. The GM must have a minimum of five (5) years of experience in the transportation operations field, including at least three (3) years of supervisory experience with management of drivers and transit operations. Four years of college may be substituted for two years of transportation experience or for one year of supervisory experience. The GM’s primary responsibility is to abide by the established scope of work herein described in the contract and maintaining compliance with local, state and federal laws and regulations (i.e., FTA, EPA, OSHA, DOT, ADA and EEOC). This includes ensuring necessary staff, slotransit.org Part Three: Scope of Work | Page 83 vehicles, equipment and facilities are in adequate availability and compatibility to established laws, policies, procedures, schedules, routes, promotions and reporting requirements and are carried out in a safe and professional manner as extended stewards of the public transit system. The GM will hold regular meetings, as designated by the Transit Manager, to convey and discuss issues, trends and happenings as they relate to the public transit system. The GM cannot be replaced without the written consent of the Transit Manager unless their replacement is due to proven unlawful actions. Where possible, notice of at least 30 calendar days must be made to notify the Transit Manager of a requested change to the GM position. Where due to unanticipated and unpreventable incidents that cause a designated GM to become unavailable, the Transit Manager will be notified immediately. The position must not remain vacant for more than 30 days. Operations Manager CONTRACTOR shall provide the services of a capable Operations Manager, subject to approval of the Transit Manager. The Operations Manager must have at a minimum four (4) years’ experience in the industry and have a CDL license and the appropriate endorsements to provide revenue service on an emergency basis. The Operations Manager is subordinate position to the GM and will assist the GM in the oversight of employees of CONTRACTOR and monitor operational activities associated with this contract. The Operations Supervisor must have sufficient skillsets to be capable of assuming the duties of the GM on an interim basis at times the GM is unavailable due to sickness or vacation. Technical expertise is considered as important as administrative abilities for this position. The Operations Manager cannot be replaced without the written consent of the Transit Manager unless their replacement is due to proven unlawful actions. If an acceptable replacement is not found within ten (10) days after the Operations Supervisor has departed, CONTRACTOR shall assign a senior management official, or other supervisor approved by the Transit Manager to serve as interim Operations Manager until a suitable permanent replacement is found. CONTRACTOR shall undertake all reasonable efforts in good faith to maintain quality and continuity in its selection of the Operations Manager. Maintenance Manager CONTRACTOR shall provide the services of a capable Maintenance Manager, subject to approval of the Transit Manager. The Maintenance Manager shall be directly responsible for maintaining the fleet, and other maintenance work, as specified by law and described in this contract. The Maintenance Manager should have at a minimum four (4) years’ experience in the industry, two (2) of those in a supervisory capacity, CDL Operator’s license (with required endorsements) and have at a minimum four (4) ASE mechanic certifications or similar. The four (4) minimum ASE certifications must include the following ASE type of certifications: diesel/gasoline engines, drive train, brakes, suspension and steering, electrical, preventive and heating and A/C. While some maintenance work can be outsourced, it is expected that a vast majority will be conducted in house. Technical expertise is considered as important as administrative abilities for this position. These individuals will be expected to work out of the CITY’s Transit Operations and Maintenance facility, located at 29 Prado Road, and shall perform no other work, thus, solely work on this Contract. CONTRACTOR shall assure CITY that none of these key positions, designated for this project, will be slotransit.org Part Three: Scope of Work | Page 84 replaced without the written consent of the Transit Manager. Should the services of any of these key positons become no longer available to the CONTRACTOR, the resume and qualifications of the proposed replacement shall be submitted to the Transit Manager for approval as soon as possible, but in no event, later than ten (10) business days - except in the case of the GM which is allowed 15 business days - prior to the departure of the incumbent, unless CONTRACTOR is not provided with such notice by the departing employee. In such cases, the CONTRACTOR shall find a suitable replacement within fifteen (15) business days, with the exception of the GM which has twenty (20) business days. The proposed replacement candidates will be interviewed by the Transit Manager. The Transit Manager shall have up to five (5) working days following receipt of these qualifications to respond to CONTRACTOR concerning acceptance of the candidate for replacement. The Transit Manger retains the right to approve or deny proposed replacements. I. Failing to Employ Required Management - Penalty If an acceptable replacement is not found within the allotted time, CONTRACTOR shall be assessed a penalty as indicated under Appendix G – Penalties & Incentives , including all fringe benefits for each calendar day of the position not filled. This assessment will not be made commencing the thirty first (31) day following the failure to employ a GM and on the sixteenth (16) day following failure to employ an Operations or Maintenance Manager. J. Other Positions As opposed to the previous listed positions, the following positions are completely under the discretion of the CONTRACTOR to employ and dismiss in accordance with applicable laws. However, as determined by the CITY, the following positions must be established as they play a key role in the successful operations of this public transit system. Road Supervisor / Trainer(s) CONTRACTOR shall provide full time Road Supervisor(s) to monitor drivers, passengers and vehicles operating in revenue service. If the Road Supervisor also doubles as a “Driver Trainer,” the CONTRACTOR shall ensure that at least a second Road Supervisor is available to respond to issues in the field. The Road Supervisor position requires at least two years industry supervisory experience, have valid CDL’s and endorsements. The Road Supervisor(s) serve as first line supervisors and respond to issues and developments in the field. Work shifts of Road Supervisors (in conjunction with the Operations Manager) shall sufficiently cover revenue service hours. At a minimum, there must be one Road Supervisor available during all Revenue Service Hours. At the discretion of the Transit Manager, Road Supervisor(s) may be asked to support special projects, such as NTD sampling, surveys and other projects. CONTRACTOR shall develop, implement and maintain formal procedures to be used by Road Supervisory personnel. Dispatcher(s)/Call Taker(s) CONTRACTOR shall provide an adequate fixed number of persons to perform dispatching/call taking functions during all operating hours. This position is viewed as safety-sensitive and mission-critical position. Therefore, this position shall primarily focus on dispatching/call taking and not perform other work that is not directly related to the dispatching/call taking function (e.g. HR, Payroll, administrative/clerical tasks) except for perhaps minor duties (e.g. data-entry work) as long as they do slotransit.org Part Three: Scope of Work | Page 85 not detract from effectively maintaining the safety, performance or customer service level of the public transit system. These persons shall be directly involved in maintaining the successful operation of the public transit system. Work duties include, but are not limited to: ensuring all routes are fully covered (staffed), making vehicle assignments in accordance with maintenance schedules/issues, assure public schedules are maintained, coordinate driver breaks and swaps, exercising “catch-up” or “shadow-bus” procedures, coordinate vehicle maintenance swaps, maintaining proper radio communication, help direct contingency operational changes (e.g. detours), answer public inquiries over the phone and maintaining the daily dispatch log. The dispatch log format and contents is subject to the approval of the Transit Manager. Dispatchers and call takers, as well as any other individuals who may from time to time be assigned to working the telephone/information phone lines shall be trained in proper telephone etiquette. Employees will be monitored for courtesy and tact; refresher training offered, as necessary. Duties will include taking general public calls, inquiries and complaints. Administrative/Clerical Staff Separate from Dispatching, Administrative staff can be used for administrative/ clerical functions as they relate to the CONTRACTOR and CITY work. This work may include: HR functions, payroll, accounting, data-entry, etc. Mechanic(s)/Technician(s) The CONTRACTOR will provide sufficient support mechanics/technicians as to maintain continuity of operations but no less than one mechanic (not including the Maintenance Manager) per Nine (9) vehicles. Upon acquisition of the nineteenth (19th) operable vehicle (discarding vehicles in contingency fleets or to be retired) an additional mechanic/technician shall be brought on. At least one other mechanic must also have a minimum of four (4) ASE certifications in the categories of: diesel/gasoline engines, drive train, brakes, suspension & steering, electrical, preventive maintenance and heating & A/C. Utility(s) Utility staff provides support to daily operations in the general realm of restocking, refueling, cleaning and other support functions. Drivers (a.k.a. Operators) CONTRACTOR shall be entirely responsible for the employment, training, licensing, retention and supervision of drivers as necessary to successfully maintain system operations. Such responsibilities shall include, although not necessarily be limited to: driver recruitment, screening, selection, training, testing, payroll, supervision, union relations, evaluation, corrective actions, termination and all points in between. CONTRACTOR shall use appropriate driver screening and selection criteria in order to employ qualified drivers of CITY vehicles. These criteria will include, although not necessarily be limited to: Department of Motor Vehicles license check, Criminal record check, and Drug and substance abuse testing in conformance with all United States Department of slotransit.org Part Three: Scope of Work | Page 86 Transportation regulations, State of California and City of San Luis Obispo requirements. CONTRACTOR shall be responsible for all applicable labor assignments for revenue service drivers. The composition of CONTRACTOR’s labor assignments shall reflect a balance between efficient labor utilization and reasonable personnel practices supporting driver longevity retention. Drivers shall be in uniform at all times while in service or otherwise on duty. The CONTRACTOR shall provide driver uniforms for its employees. CONTRACTOR shall comply with applicable state and federal employment laws at all times, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964 (PL 88-352). In times where the AVL system is not working, drivers will have to audibly call out stops for the primary benefit of visually impaired passengers as specified by Americans with Disability Act laws. Drivers will, when requested by CITY, hand out notices to passengers or otherwise render assistance in CITY’s monitoring and supervising operations. Driver will conduct surveys to collect passenger data as specified by the CITY. Drivers will be required to honor special passes, collect tickets and issue and collect transfers as directed by CITY. Drivers will not handle money, unless in aid of passengers with disabilities. Drivers will record ridership counts by passenger category on manual and/or electronic counters provided on the buses if deemed necessary by the CITY. Drivers will enforce CITY’s rules of conduct with passengers. Driver(s) Use for Non-Revenue Service From time to time the CITY participates at public events or promotional opportunities and requires the assistance of the CONTRACTOR. In such cases, the CONTRACTOR may assign a driver who has demonstrated excellent public relation skills. The CITY retains the right to accept or refuse the driver selection. The CONTRACTOR may charge back an employee’s time, at no more than their regular hourly rate, when they are used away from typical fixed-route operations. The CONTRACTOR cannot double charge the CITY if the promotion runs parallel to their typical on-duty obligations. K. Union Relations The CONTRACTOR shall be responsible for all issues related to Union(s) vested in this contract. However, the GM shall keep the CITY informed of issues that might or will affect the public transit system. L. Drug Testing Drug testing must be done in compliance with the United States Department of Transportation regulations. This includes pre-employment, post-accident, random and probable cause testing. CONTRACTOR will submit a copy of their drug testing policy and program to CITY prior to commencing work on the contract. CONTRACTOR will also submit ongoing reports as required by CITY, the United States Department of Transportation, and the Federal Transit Administration. The CONTRACTOR will bear the cost of this program. M. Customer Service CITY shall provide telephone extensions for use by CONTRACTOR for providing telephone information and receiving reservations for revenue service. Contractor shall maintain a courteous, professional and composed demeanor during all interactions with the public. The existing telephone lines will be provided for revenue services. CONTRACTOR shall provide trained personnel to receive incoming telephone calls. Telephones will be answered during all hours there is a bus in revenue service to provide information as requested by customers slotransit.org Part Three: Scope of Work | Page 87 and other agencies. Adequate customer information staffing shall be provided during these times. CONTRACTOR shall arrange work shifts which efficiently reflect the volume of incoming telephone calls. When dealing with the public in person, the CONTRACTOR will be in clothing that identities them as CONTRACTOR employees, if not in uniform. The CONTRACTOR will do what is reasonable to address customer comments, concerns and complaints; demonstrating professionalism and tactfulness as extended stewards of CITY resources. Issues that cannot be resolved may be escalated to the Transit Manager or their designee. N. Training All positions shall receive formal training at the sole expense of CONTRACTOR. CONTRACTOR shall develop, implement and maintain a formal training and retraining program for all drivers in accordance with Federal and State of California laws. The program must provide a minimum of 40 hours of training for new employees, including classroom instruction, behind-the-wheel training, and in-service training, under supervision of a qualified instructor. The program must provide formal retraining measures, including criteria for determining the success of retraining efforts. CONTRACTOR shall not conduct behind-the-wheel training with vehicles provided by CITY while in revenue service hours. “Cadeting,” however, is allowed in order for drivers to achieve proficiency as operators of revenue fixed-route vehicles. All drivers must complete CONTRACTOR formal training program as approved by CITY and be licensed with a valid California Class 2 Operator’s License and endorsements, prior to entering revenue service. O. Training Equipment CONTRACTOR shall provide all training equipment including, but not limited to, the following: TV, media (DVD) player, video recorder and all other audio and visual equipment associated with driver and safety training, unless otherwise already provided by the CITY. P. Uniforms The CONTRACTOR shall provide its employees who have contact with the public, uniforms, (polo shirts and khakis) either directly or by providing an allowance, and establish a uniform code for proper decorum subject to the approval of the Transit Manger. Changes to the uniform or uniform code must be approved or made by the Transit Manger. Where both organizations find it advantageous, scheduled changes can be made to the uniforms which are in-line with promotional opportunities, such as: Hawaiian (or Guayabera shirt) weekends which are allowed during “Summer Schedule months.” In such instances, drivers choosing to participate will provide their own Hawaiian (or Guayabera) shirts that still meet proper decorum. Q. Time Keeping At all times during operation of any bus in connection with these services, administrative staff and drivers shall have available a time piece havin the ability to measure seconds and to be at the accuracy of plus (+) one (1) minute per month and set each day in accordance with the CITY’s Automatic Vehicle Locations (AVL) system. R. System Safety The safe operation of the public transit is considered to be the highest priority of the CITY. CONTRACTOR shall assume full responsibility for assuring the safety of passengers and indemnify the CITY of issues arising from CONTRACTOR’s work. The CONTRACTOR shall also be responsible to ensure operations personnel and CITY’s capital assets are maintained at the highest possible level throughout the duration of the slotransit.org Part Three: Scope of Work | Page 88 Agreement. CONTRACTOR shall comply with all applicable California Highway Patrol and OSHA requirements. Safety Program CONTRACTOR shall develop, implement and maintain a formal organizational safety program. CONTRACTOR shall assume full responsibility for assuring that the safety of passengers, operating personnel and SLO TRANSIT vehicles and equipment are maintained at the highest possible level throughout the term of this agreement. CONTRACTOR shall comply with all applicable California Highway Patrol and OSHA requirements, and shall furnish SLO TRANSIT with copies of annual CHP inspections and safety compliance reports including pull notices and any other related documents. S. Insurance CONTRACTOR shall procure and maintain in full force, insurance at the levels prescribed in Part 2 – Insurance Requirements, of the Agreement. CONTRACTOR’s insurance policy shall cover CITY employees with appropriate California DMV licenses to operate CITY owned equipment at the sole request of the Transit Manager. CONTRACTOR shall charge CITY for the direct cost of insurance only. CITY’s designated employees will be covered for liability insurance. T. Preventive Maintenance and Inspection CONTRACTOR shall perform all preventive maintenance work on all vehicles and equipment used in the provision of the service associated with this agreement. CONTRACTOR shall adhere strictly to the preventive maintenance schedules in accordance with industry standards. This schedule shall be considered by CONTRACTOR to be the minimum requirement only, and shall not be regarded as reasonable cause for deferred maintenance in specific instances where CONTRACTOR employees observe that maintenance is needed in advance of schedule. CONTRACTOR shall not defer maintenance for reasons of shortage of maintenance staff or operable buses, nor shall service be curtailed for the purpose of performing maintenance without prior consent of SLO TRANSIT. CONTRACTOR shall adjust the work schedules of its employees, as necessary to meet all scheduled services and complete maintenance activities according to the established maintenance schedule. All maintenance procedures must meet or exceed all manufacturer recommendations, CARB, OSHA, CHP and any other fleet regulatory requirement. Preventive Maintenance Program The CONTRACTOR shall create and submit for approval, by the Transit Manager, a Preventive Maintenance Program specifying the method, degree of work and frequency of its Preventive Maintenance Program. Failure to comply with the approved Preventive Maintenance Program is subject to Liquidated Damages as described in Appendix G. U. Vehicle Repair All repairs to vehicles shall be performed either by or under the direction of CONTRACTOR unless otherwise specified by SLO TRANSIT. Repairs shall include, although not be limited to, work to correct loss, damage, or mitigation of wear and tear of vehicles, body repair and painting due to damage, replacement or repair of worn or damaged seats and rebuilding or replacement of all vehicle components, systems or accessories except as provided under this agreement. Repair work shall be conducted as soon as possible upon learning that such work is required. CONTRACTOR shall repair problems noted during scheduled inspections on a timely basis. slotransit.org Part Three: Scope of Work | Page 89 CONTRACTOR shall assure CITY that required repairs shall not be deferred beyond a reasonable time. CONTRACTOR shall document the time and nature of repair work completed. Preventive maintenance and running repairs shall receive first priority in the application of CONTRACTOR'S resources. Major repairs, such as major component rebuilds or replacement, shall be second priority and performance of such work shall depend on the availability of resources. CONTRACTOR shall be expected to consult with SLO TRANSIT immediately when available resources cannot cover all maintenance and repair work. In such circumstances, work priorities shall be set by SLO TRANSIT and/or SLO TRANSIT may use other vendors and suppliers to make major repairs should CONTRACTOR be unable for whatever reason to perform this work. All expenditures by CONTRACTOR for major repairs in excess of this agreement must be pre- authorized by SLO TRANSIT and be procured through standard SLO TRANSIT purchasing procedures. All parts, materials, lubricants, fluids, oils and service procedures used by CONTRACTOR on all SLO TRANSIT vehicles and equipment shall meet or exceed Original Equipment Manufacturer (OEM) specifications and requirements. All outside vendors, such as machine shops, component re-builders or accident repair shops, shall be fully authorized by the OEM to make repairs and utilize only parts, materials, lubricants, fluids, oils and procedures that meet or exceed OEM specifications and requirements. CONTRACTOR shall maintain records on all SLO TRANSIT vehicles including warranty work, preventive maintenance, and repairs done on each unit. CONTRACTOR shall maintain and repair equipment in accordance with manufacturer's instructions and warranty conditions as well as general practices of the transit industry. Any insurance or warranty payment received by CONTRACTOR for loss or damage for which SLO TRANSIT is financially responsible shall be assigned to SLO TRANSIT. CONTRACTOR shall be familiar with vehicle and equipment warranties and shall comply with all warranty provisions in the conduct of its maintenance functions. CONTRACTOR shall be responsible for any warranty deductibles that may accrue. V. Overhaul and Replacement (Major Components) CONTRACTOR shall be responsible for monitoring the condition and performance of vehicle engines, transmissions, differentials and all parts in between so as to maximize their useful life and avoid costly catastrophic failures. At a minimum, CONTRACTOR’S monitoring program shall consider miles accumulated; fuel, oil, transmission fluid and differential oil consumption trends; loss of power; and erratic performance. A comprehensive fluid analysis program, to be approved by SLO TRANSIT, is required. If CONTRACTOR determines that an engine, transmission or differential unit needs to be overhauled or replaced, CONTRACTOR shall notify SLO TRANSIT in writing detailing the reasons for such a determination. The notice shall include detailed findings and a summary of any data that supports the conclusion. If SLO TRANSIT determines that the need for such work resulted from poor maintenance, monitoring failure, neglect or abuse by CONTRACTOR, SLO TRANSIT shall not be liable for the cost of such work. To the extent possible, CONTRACTOR shall be responsible for the labor cost of removing and replacing the affected component and assist in the solicitation and evaluation of outside vendors for the desired overhaul or replacement. W. Maintenance Records CONTRACTOR shall prepare, maintain, reduce to written or electronic form and make available to SLO TRANSIT, records and data relative to vehicle, vehicle accessory and radio system maintenance. Maintenance records shall be maintained on each vehicle indicating all warranty work, preventive maintenance, mileage, road calls, fuel and oil consumption, downtime and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner so as to fulfill any applicable requirements of state or federal slotransit.org Part Three: Scope of Work | Page 90 statutes, as well as any needs of SLO TRANSIT to accurately enable it to evaluate CONTRACTOR'S maintenance performance. Records of all maintenance and inspections shall be made available to SLO TRANSIT, the California Highway Patrol and other such regulatory agencies with jurisdiction when requested. SLO TRANSIT maintains the right to inspect, examine and test, at any reasonable time, any equipment used in the performance of maintenance work in order to ensure compliance with this agreement. Such inspection shall not relieve the CONTRACTOR of the obligation to continually monitor the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. CONTRACTOR shall transport any or all vehicles to any required inspection facilities when requested. In the event that CONTRACTOR is instructed by SLO TRANSIT or any other regulatory agency to remove any equipment from service due to mechanical reasons, CONTRACTOR shall make any and all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is again placed in service. All maintenance records and reports shall be retained and maintained for as long as each vehicle is owned and/or operated by SLO TRANSIT or until this agreement expires or is terminated. X. Parts Inventory CONTRACTOR shall establish and maintain an ongoing spare parts inventory sufficient to minimize vehicle down time and ensure that peak vehicle requirements are met. All parts and any equipment or vehicles purchased in support of or under this agreement shall become the property of SLO TRANSIT and shall be returned to SLO TRANSIT upon the completion or termination of this agreement for any reason. Y. Farebox Revenue Collection and Accounting All farebox revenues collected on vehicles operated in fixed route service are the property of the CITY. CONTRACTOR shall make all reasonable efforts to collect fares on behalf of CITY. CITY shall provide a fare and transfer policy and shall retain sole option to adjust such policy and fares. CITY shall provide electronic registering fareboxes, farebox receiving vault, and farebox computer. CONTRACTOR shall provide bill counters and coin counters. CONTRACTOR shall develop a secure fare revenue processing process, subject to approval by Transit Manager, to account for revenues collected on fixed route buses and deposit them into local bank account designated by CITY for that purpose. CONTRACTOR shall not open vaults prior to 8.00 a.m. on the next operating day following the day for which revenues were collected. CITY reserves the right to count revenues contained in each farebox vault. CONTRACTOR shall faithfully deposit farebox revenue into CITY’s account not later than one (1) banking day after the day for which revenues are collected. CONTRACTOR shall be responsible for any and all lost revenue collected in fareboxes and shall pay the CITY the lost revenue if the amount of collected fares is LESS than calculated fare revenue from the electronic and non- electronic fareboxes that is in excess of .5% difference between reported fares collected by GFI fareboxes and deposited fares, as reconciled at the end of each month. Z. Operational Contingencies CONTRACTOR shall develop, implement, and maintain formal procedures to respond to emergencies and routine problems. Such occurrences to be addressed include, although are not necessarily limited to: in- service vehicle failures, revenue vehicle buses operating more than fifteen (15) minutes behind published schedule, lift failures on buses in service, passenger disturbances, passenger injuries and vehicle collisions. slotransit.org Part Three: Scope of Work | Page 91 Note that vehicle issues that present unsafe or non-ADA compliance must be removed from revenue service. AA. Declared Emergencies In the event of a declared emergency, the CONTRACTOR shall deploy vehicles in a manner described by the CITY. CITY shall only be obligated to provide compensation to the CONTRACTOR for service which significantly exceeds the normal expense of operating the service during such period of declared emergency. BB. Disadvantaged Business Enterprises Goal SLO TRANSIT is a federal recipient of public funds and uses these funds for many of its contract opportunities. As such, SLO TRANSIT is also committed to Federal Transit Administrations desire for minority and or women owned businesses, known as Disadvantage Business Enterprises (or DBEs), to have equal access and opportunity to contracts paid for with these public funds. Therefore SLO TRANSIT has established a proportionate goal, to total funds received, for DBEs to have greater opportunities to access via contract work. A monitoring program is also in place to help gauge the success of the established goal program; whereby, the participation levels of certified DBEs and the funds spent with them are tracked and reported to the federal government on a biannual basis. Whereas the Operations & Maintenance contract reflects a use of Federal Funds the CITY encourages the CONTRACTOR to adopt the CITY’s established DBE goal and assist the CITY in achieving said goal, support DBE outreach efforts and report on DBE subcontracting to the CITY. See Appendix H – DBE Goal for the established and current goal. CC. Reporting As part of providing a public transit system, reports are established to provide clear and transparent information regarding the use of limited public funds. The CONTRACTOR will comply with the CITY’s reporting requirements as established in Appendix I – Reporting Requirements. DD. Financial Records Financial and accounting records shall be prepared and maintained in a complete, detailed and accurate manner, in accordance with generally accepted accounting principles, pursuant to the requirements of any applicable state or federal statute or regulation regarding accounting and financial reporting for publicly financed transit systems, including but not limited to, Level R or the Uniform Financial and Reporting Elements as required under the National Transit Database System (Section 15) of the Federal Transit Act of 1964, and Section 99243 of the California Public Utilities Code, as each of the foregoing are now in force or may hereafter be amended. Such records shall fairly and clearly disclose all of CONTRACTOR'S costs incurred by virtue of its operation of SLO TRANSIT, including but not limited to, pay and employee benefits, materials and supplies, utilities, maintenance, contractual services, and all the related operating costs. CONTRACTOR'S records shall be kept with sufficient detail to constitute an audit trail to verify that all costs charged to SLO TRANSIT by virtue of this agreement are due to the operation of SLO TRANSIT's system only and are not due to the operation of any other service by CONTRACTOR. Such records shall be provided to SLO TRANSIT upon request for purposes of complying with Federal, State, and Local reporting requirements. EE. Operating Reports CONTRACTOR shall gather, maintain, prepare and submit to SLO TRANSIT such operating information, records slotransit.org Part Three: Scope of Work | Page 92 and reports as may reasonably be required to allow SLO TRANSIT to evaluate and analyze the type and quality of the services provided pursuant to this agreement. Such information and records shall include, but not be limited to, passenger boardings by service, route, day and fare category; vehicle service and revenue hours and miles by service, day and route; required ADA information; farebox revenues received; vehicle mileage, fuel consumption; accident, incident and road call information; service quality information including missed trips, on-time performance, wait times, service complaints and unfulfilled service requests; staffing and training information; maintenance activity by vehicle including wheelchair lift, air conditioning and service availability status. A monthly activity report including the above and any other pertinent information shall be submitted to SLO TRANSIT by the 10th day of the month following the reporting period. The report shall highlight any problems encountered along with suggested solutions. The CONTRACTOR will comply with the CITY’s reporting requirements as established in Appendix I – Reporting Requirements. CONTRACTOR shall assist in conducting all required surveys, compiling data in the required format and submitting reports to SLO TRANSIT for compliance with the National Transit Database System (Section 15) of the Federal Transit Act for motor bus, commuter bus and demand response services. FF. Accident and Incident Reporting CONTRACTOR shall develop, implement and maintain formal procedures to respond to and report emergencies and routine problems that from time to time occur in the course of providing transit service. Such occurrences to be addressed include, but are not limited to, in-service vehicle failures, in-service lift failures, passenger disturbances, passenger injuries and vehicle accidents. CONTRACTOR shall notify CITY’s Transit Manager, or their designee in their absence, of any accident involving a CITY vehicle immediately and under no circumstance longer than four (4) hours of its occurrence. In the case of an injury accident or incident, verbal notification shall occur immediately or as soon as possible thereafter. A complete written report of any accident or incident shall be delivered to the Transit Manager as soon as it is practical to do so. CONTRACTOR is requested, but not required, to cause all vehicle operators to report public safety incidents observed by them to the on-duty dispatcher, who, in turn, is to be requested by CONTRACTOR to refer all such incident reports to the proper authorities. Such observed incidents shall include, but not be limited to, fires, criminal acts, suspicious circumstances, public right-of-way obstructions, natural disasters, public intoxication and the like. Beyond reporting such incidents, neither CONTRACTOR nor any of its employees shall have any responsibility of any kind or character to act further with respect to them. GG. Compensation The CONTRACTOR is solely responsible for documenting work and expenditures in order to receive compensation. Failure to provide proof can be causation for denial of compensation by the CITY. Backup materials substantiating charges must be included in the monthly invoices. The CITY reserves the right to review documentation and challenge charges. Fuel Cost Reimbursement The CITY will pay all fuel related costs for Revenue CITY owned vehicles. CITY owned support vehicles are to be used exclusively for supervising and maintenance duties. The CITY will receive a monthly fuel credit if these vehicles are used in non-contractual related operations support. The Transit Manager will slotransit.org Part Three: Scope of Work | Page 93 be notified on each occasion that a CITY vehicle is used for this purpose and the circumstances. CITY support vehicles will keep a trip log approved by the Transit Manager. CITY owned vehicles are not allowed to travel out of the CITY of San Luis Obispo without authorization of the Transit Manager in advance. The revenue vehicle mileage rate assumes all variable and consumable costs of the CONTRACTOR. Passed-Through Purchases At times, the procurement of goods or services may be expedited if the CONTRACTOR pursues them directly. This is known in the industry as a pass-through purchase. Unless identified by the CITY, the CONTRACTOR shall provide no less than three quotes for purchases above $5,000. If not delegated to the CONTRACTOR, the Transit Manager has the right to approve which quote will be used, at their discretion. Back-up materials substantiating such purchase must be provided in the monthly invoices. HH.Surveys SLO TRANSIT will design and CONTRACTOR will assist, to the extent practical, in the conduct of periodic surveys during the term of this agreement. CONTRACTOR shall cooperate with SLO TRANSIT in any such activities by making available needed equipment, facilities and personnel accordingly at no additional expense to SLO TRANSIT. This shall include, but not be limited to the conducting of semi-annual passenger boarding and alighting surveys. II. Penalties & Incentives (Liquidated Damages) The CITY has established a set of standards which it expects its CONTRACTOR, at a minimum, to abide by. Failure to meet such standard is cause for penalty. In other cases, if the CONTRACTOR exceeds a standard, the CITY will reward the CONTRACTOR with an Incentive. Besides other already identified in this document (e.g. failure to employ), the Penalties and Incentives are established in Appendix G – Penalties & Incentives. Use of Incentives The creation of incentives is to encourage and motivate a high level of performance, as the majority of these Incentives depend on the performance of Drivers and local CONTRACTOR staff. The Incentives are to be used for the direct benefit of local CONTRACTOR staff and not corporate. The CONTRACTOR may establish its own additional local property employee incentives. JJ. Environmentally Friendly / Recycling Program Contract shall implement, maintain, and encourage a recycling program for their employees. CONTRACTOR will implement measures to reduce paper trash as a requirement of the CITY. Revenues derived from such Recycling Program must be used for the benefit of CONTRACTOR’s onsite staff employees. slotransit.org Part Four: Appendices | Page 94 Part Four: Appendices SLO TRANSIT, City of San Luis Obispo Table of Contents PART FOUR: APPENDICES ............................................................................................................................. 94 Appendix A: Route Schedule and Stats .............................................................................................................................. 96 Table 1: Revenue Service Quick Stats .................................................................................................................................... 96 Table 2: Revenue Service Quick Stats (Continued) ................................................................................................................ 97 Table 3: Route 1 Schedule ..................................................................................................................................................... 98 Table 4: Route 2 Schedule ..................................................................................................................................................... 99 Table 5: Route 3 Schedule ................................................................................................................................................... 100 Table 6: Route 4 A&B Schedule ........................................................................................................................................... 101 Table 7: Route 5 A&B Schedule ........................................................................................................................................... 102 Table 8: Route 6A Schedule ................................................................................................................................................. 103 Table 9: Route 6B Schedule ................................................................................................................................................. 104 Table 10: Route 6 A/B Schedule .......................................................................................................................................... 105 Table 11: Trolley Schedule................................................................................................................................................... 106 Table 12: Tripper Schedule .................................................................................................................................................. 107 Appendix B: Fleet Roster ................................................................................................................................................. 108 Appendix C: Short Range Transit Plan .............................................................................................................................. 109 Appendix D: City Provided Equipment ............................................................................................................................. 110 Appendix E: Transit Operations & Maintenance Facility .................................................................................................. 111 Appendix F: Federal Clauses ............................................................................................................................................ 112 1. Fly America Requirements .............................................................................................................................................. 112 2. Buy America Requirements ............................................................................................................................................. 112 3. Charter Bus Requirements .............................................................................................................................................. 114 4. School Bus Requirements ................................................................................................................................................ 115 5. Cargo Preference Requirements ..................................................................................................................................... 115 6. Seismic Safety Requirements .......................................................................................................................................... 115 7. Energy Conservation Requirements ................................................................................................................................ 116 8. Clean Water Requirements ............................................................................................................................................. 116 9. Bus Testing ...................................................................................................................................................................... 117 10. Pre-award and Post Delivery Audits Requirements ...................................................................................................... 118 11. Lobbying ........................................................................................................................................................................ 119 12. Access to Records and Reports...................................................................................................................................... 121 13. Federal Changes ............................................................................................................................................................ 123 14. Bonding Requirements .................................................................................................................................................. 124 15. Clean Air ........................................................................................................................................................................ 127 16. Recycled Products ......................................................................................................................................................... 127 17. Davis-Bacon and Copeland Anti-Kickback Acts .............................................................................................................. 128 18. Contract Work Hours and Safety Standards Act............................................................................................................ 133 19. [ RESERVED ] .................................................................................................................................................................. 134 slotransit.org Part Four: Appendices | Page 95 20. No Government Obligation to Third Parties .................................................................................................................. 134 21. Program Fraud and False or Fraudulent Statements and Related Acts ........................................................................ 135 22. Termination ................................................................................................................................................................... 136 23. Government-Wide Debarment and Suspension (Nonprocurement) ............................................................................ 139 24. Privacy Act ..................................................................................................................................................................... 140 25. Civil Rights Requirements .............................................................................................................................................. 141 26. Breaches and Dispute Resolution .................................................................................................................................. 142 27. Patent and Rights in Data .............................................................................................................................................. 143 28. Transit Employee Protective Agreements ..................................................................................................................... 146 29. Disadvantaged Business Enterprise (DBE) ..................................................................................................................... 147 30. [ RESERVED ] .................................................................................................................................................................. 149 31. Incorporation of Federal Transit Administration (FTA) Terms ...................................................................................... 149 32. Drug and Alcohol Testing............................................................................................................................................... 149 Appendix G: Penalties & Incentives (Liquidated Damages) .............................................................................................. 152 Table 1: Penalties & Incentives (Liquidated Damages) ....................................................................................................... 157 Appendix H: Disadvantaged Business Enterprises (DBE) Goal .......................................................................................... 159 Appendix I: Reporting Requirements ............................................................................................................................... 156 slotransit.org Part Four: Appendices | Page 96 Appendix A: Route Schedule and Stats Table 1: Revenue Service Quick Stats Weekday Schedule (172 Days):Weekday Schedule (80 Days):Route 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A Route 6BRoute 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A/BStart Time7:15 AM 6:03 AM 6:04 AM 6:34 AM 6:40 AM 6:20 AM 6:20 AM 7:16 AM 7:02 AMStart Time7:15 AM 6:03 AM 6:04 AM 6:34 AM 6:40 AM 6:20 AM 6:20 AM 8:45 AMEnd Time6:09 PM 9:18 PM 9:45 PM 10:44 PM 6:08 PM 8:21 PM 7:17 PM 10:29 PM 10:56 PMEnd Time6:09 PM 5:40 PM 6:17 PM 6:15 PM 6:08 PM 8:21 PM 7:17 PM 5:56 PM# of Buses1 1 1 1 1 1 1 1 1# of Buses1 1 1 1 1 1 11Bus Size30' 30' 35'40', DD 40', DD 40', DD 40', DD40' 40'Bus Size30' 30' 35'40', DD 40', DD 40', DD 40', DD40'Loop Dura.56 min 35 min 32 min 55 min 55 min 57 min 57 min 22 min 24 minLoop Dura.56 min 35 min 32 min 55 min 55 min 57 min 57 min53Frequency60 min 40 min 40 min 30 min 30 min 30 min 30 min 30 min 30 minFrequency60 min 40 min 40 min 30 min 30 min 30 min 30 min 30minRev. Hours1113.1 13.72 16.17 11.47 14.09 12.57 12.99 13.08Rev. Hours1111.7 12.22 11.32 11.47 14.09 12.578.9Rev. Miles121124.7 142.5 153.1 146.4 192.3 188.5 86.690Rev. Miles121124.7 142.5 153.1 146.4 192.3 188.574Total "Weekday" Mileage per Day: 1,245Total "Weekday" Hours per Day:118Total "Weekday" Mileage per Day:1,143Total "Weekday" Hours per Day:93Total "Weekday" Mileage per Year: 214,157Total "Weekday" Hours per Year: 20,329Total "Weekday" Mileage per Year: 91,400Total "Weekday" Hours per Year: 7,462Saturday Schedule (51 Days):Route 2 Route 3Route 4ARoute 5B Route 6A/BStart Time8:03 AM 8:04 AM 8:10 AM 8:20 AM 8:45 AMTotal Annual Revenue Miles:End Time5:40 PM 5:37 PM 6:05 PM 6:17 PM 5:56 PM# of Buses1 1 1 1 1Bus Size30' 35'40', DD 40', DD40'Loop Dura.35 32 55 57 53Frequency40 min 40 min 30 min 30 min 30minRev. Hours9.61 9.55 9.92 9.95 8.9Rev. Miles102.8 113.2132 145 74Total "Saturday" Mileage per Day:567Total "Saturday" Hours per Day:48Total "Saturday" Mileage per Year: 29,484Total "Saturday" Hours per Year: 2,492Sunday Schedule (59 Days):Route 2 Route 3Route 4ARoute 5BTotal Annual Revenue Hours:Start Time8:03 AM 8:04 AM 8:10 AM 8:20 AMEnd Time5:00 PM 5:37 PM 6:05 PM 6:17 PM# of Buses1 1 1 1Bus Size30' 35'40', DD 40', DDLoop Dura.35 32 55 57Frequency40 min 40 min 30 min 30 minRev. Hours8.95 9.55 9.92 9.95Rev. Miles96113.2132 145Total "Sunday" Mileage per Day:486Total "Sunday" Hours per Day:38Total "Sunday" Mileage per Year: 28,686Total "Sunday" Hours per Year: 2,26432,546Revenue Service Quick StatsRegular Schedule (Labor Day to Mid June)Summer Schedule (Mid June to Labor Day)363,727 slotransit.org Part Four: Appendices | Page 97 Table 2: Revenue Service Quick Stats (Continued) Daily Scheduled REVENUE MILES Per Route Per Labor Day to Mid June Schedule* Route 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A Route 6B Route 6A/B Route 2 ev. Route 3 ev. Route 4A ev. Route 6A/B ev.Trolley Tripper Mon 121 124.7 142.5 153.1 144.8 192.3 188.5 86.6 90 N/A 21 31.8 58.1 34.1 N/A 11.88 Tue 121 124.7 142.5 153.1 144.8 192.3 188.5 86.6 90 N/A 21 31.8 58.1 34.1 N/A 11.88 Wed 121 124.7 142.5 153.1 144.8 192.3 188.5 86.6 90 N/A 21 31.8 58.1 34.1 N/A 11.88 Thu 121 124.7 142.5 153.1 144.8 192.3 188.5 86.6 90 N/A 21 31.8 58.1 34.1 35 11.88 Fri 121 124.7 142.5 153.1 144.8 192.3 188.5 86.6 90 N/A 21 31.8 58.1 34.1 35 11.88 Sat N/A 102.8 113.2 132 N/A N/A 145 N/A N/A 74 N/A N/A N/A N/A 35 N/A Sun N/A 96 113.2 132 N/A N/A 145 N/A N/A N/A N/A N/A N/A N/A 35 N/A * Mileage is based on Arc GIS Daily Scheduled REVENUE MILES Per Route Per Summer Schedule* Route 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A/B Mon 121 124.7 142.5 153.1 146.4 178.8 188.5 Tue 121 124.7 142.5 153.1 146.4 178.8 188.5 Wed 121 124.7 142.5 153.1 146.4 178.8 188.5 Thu 121 124.7 142.5 153.1 146.4 178.8 188.5 Fri 121 124.7 142.5 153.1 146.4 178.8 188.5 Sat N/A 102.8 113.2 132 N/A N/A 145 74 Sun N/A 96 113.2 132 N/A N/A 145 N/A * Mileage is based on Arc GIS Daily Scheduled REVENUE HOURS Per Route Per Labor Day to Mid June Schedule Route 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A Route 6B Route 6A/B Route 2 ev. Route 3 ev. Route 4A ev. Route 6A/B ev.Trolley Tripper Mon 11 11.7 12.22 11.32 11.47 14.09 12.57 10.78 10.87 N/A 1.4 1.5 4.85 4.42 N/A 2.35 Tue 11 11.7 12.22 11.32 11.47 14.09 12.57 10.78 10.87 N/A 1.4 1.5 4.85 4.42 N/A 2.35 Wed 11 11.7 12.22 11.32 11.47 14.09 12.57 10.78 10.87 N/A 1.4 1.5 4.85 4.42 N/A 2.35 Thu 11 11.7 12.22 11.32 11.47 14.09 12.57 10.78 10.87 N/A 1.4 1.5 4.85 4.42 4 2.35 Fri 11 11.7 12.22 11.32 11.47 14.09 12.57 10.78 10.87 N/A 1.4 1.5 4.85 4.42 4 2.35 Sat N/A 9.61 9.55 9.92 N/A N/A 9.95 N/A N/A 8.9 N/A N/A N/A N/A 4 N/A Sun N/A 8.95 9.55 9.92 N/A N/A 9.95 N/A N/A N/A N/A N/A N/A N/A 0 N/A Daily Scheduled REVENUE HOURS Per Route Per Summer Schedule Route 1 Route 2 Route 3 Route 4A Route 4B Route 5A Route 5B Route 6A/B Mon 11 11.7 12.22 11.32 11.47 14.09 12.57 N/A Tue 11 11.7 12.22 11.32 11.47 14.09 12.57 N/A Wed 11 11.7 12.22 11.32 11.47 14.09 12.57 N/A Thu 11 11.7 12.22 11.32 11.47 14.09 12.57 N/A Fri 11 11.7 12.22 11.32 11.47 14.09 12.57 N/A Sat N/A 9.61 9.55 9.92 N/A N/A 9.95 8.9 Sun N/A 8.95 9.55 9.92 N/A N/A 9.95 N/A NOTES:No service on Thanksgiving and Chrismas Day Winter Service (14 days during the week of Chrismas and New Years) is reflected in "Regular Weekday Schedule" Daytime Service Daytime Service Evening Service (Starts at 6pm) Evening Service (Starts at 6pm)Daytime Service Daytime Service slotransit.org Part Four: Appendices | Page 98 Table 3: Route 1 Schedule # of BusesDTC Broad @ Caudill Orcutt @ Laurel Johnson @ Lizzie DTC Foothill @ University Pratrica @ Foothill Foothill @ Casa Arival DTC A 7:15 AM 7:25 AM 7:31 AM 7:40 AM 7:47 AM 7:53 AM 7:58 AM 8:02 AM 8:09 AM A 8:15 AM 8:25 AM 8:31 AM 8:40 AM 8:47 AM 8:53 AM 8:58 AM 9:02 AM 9:09 AM A 9:15 AM 9:25 AM 9:31 AM 9:40 AM 9:47 AM 9:53 AM 9:58 AM 10:02 AM 10:09 AM A 10:15 AM 10:25 AM 10:31 AM 10:40 AM 10:47 AM 10:53 AM 10:58 AM 11:02 AM 11:09 AM A 11:15 AM 11:25 AM 11:31 AM 11:40 AM 11:47 AM 11:53 AM 11:58 AM 12:02 PM 12:09 PM A 12:15 PM 12:25 PM 12:31 PM 12:40 PM 12:47 PM 12:53 PM 12:58 PM 1:02 PM 1:09 PM A 1:15 PM 1:25 PM 1:31 PM 1:40 PM 1:47 PM 1:53 PM 1:58 PM 2:02 PM 2:09 PM A 2:15 PM 2:25 PM 2:31 PM 2:40 PM 2:47 PM 2:53 PM 2:58 PM 3:02 PM 3:09 PM A 3:15 PM 3:25 PM 3:31 PM 3:40 PM 3:47 PM 3:53 PM 3:58 PM 4:02 PM 4:09 PM A 4:15 PM 4:25 PM 4:31 PM 4:40 PM 4:47 PM 4:53 PM 4:58 PM 5:02 PM 5:09 PM A 5:15 PM 5:25 PM 5:31 PM 5:40 PM 5:47 PM 5:53 PM 5:58 PM 6:02 PM 6:09 PM Route 1 slotransit.org Part Four: Appendices | Page 99 Table 4: Route 2 Schedule # of BusesDTC (Depart) Higuera @ South Prado Day Center Higuera @ Suburban Higuera @ South DTC (Arrival) 6:03 AM 6:10 AM 6:20 AM A 6:25 AM 6:33 AM 6:37 AM 6:43 AM 6:50 AM 7:00 AM A 7:05 AM 7:13 AM 7:17 AM 7:23 AM 7:30 AM 7:40 AM A 7:45 AM 7:53 AM 7:57 AM 8:03 AM 8:10 AM 8:20 AM A 8:25 AM 8:33 AM 8:37 AM 8:43 AM 8:50 AM 9:00 AM A 9:05 AM 9:13 AM 9:17 AM 9:23 AM 9:30 AM 9:40 AM A 9:45 AM 9:53 AM 9:57 AM 10:03 AM 10:10 AM 10:20 AM A 10:25 AM 10:33 AM 10:37 AM 10:43 AM 10:50 AM 11:00 AM A 11:05 AM 11:13 AM 11:17 AM 11:23 AM 11:30 AM 11:40 AM A 11:45 AM 11:53 AM 11:57 AM 12:03 PM 12:10 PM 12:20 PM A 12:45 PM 12:53 PM 12:57 PM 1:03 PM 1:10 PM 1:20 PM A 1:05 PM 1:13 PM 1:17 PM 1:23 PM 1:30 PM 1:40 PM A 1:45 PM 1:53 PM 1:57 PM 2:03 PM 2:10 PM 2:20 PM A 2:25 PM 2:33 PM 2:37 PM 2:43 PM 2:50 PM 3:00 PM A 3:05 PM 3:13 PM 3:17 PM 3:23 PM 3:30 PM 3:40 PM A 3:45 PM 3:53 PM 3:57 PM 4:03 PM 4:10 PM 4:20 PM A 4:25 PM 4:33 PM 4:37 PM 4:43 PM 4:50 PM 5:00 PM A 5:05 PM 5:13 PM 5:17 PM 5:23 PM 5:30 PM 5:40 PM A 6:50 PM 6:56 PM - 7:03 PM 7:08 PM 7:18 PM A 7:50 PM 7:56 PM - 8:03 PM 8:08 PM 8:18 PM A 8:50 PM 8:56 PM - 9:03 PM 9:08 PM 9:18 PM Approximate Weekend Schedule Route 2 slotransit.org Part Four: Appendices | Page 100 Table 5: Route 3 Schedule # of BusesDTC (Depart) Johnson @ Lizzie Orcutt @ Laurel Broad @ Marigold Broad @ Santa Barbara DTC (Arrival) A 6:04 AM 6:10 AM 6:17 AM A 6:25 AM 6:31 AM 6:37 AM 6:44 AM 6:50 AM 6:57 AM A 7:05 AM 7:11 AM 7:17 AM 7:24 AM 7:30 AM 7:37 AM A 7:45 AM 7:51 AM 7:57 AM 8:04 AM 8:10 AM 8:17 AM A 8:25 AM 8:31 AM 8:37 AM 8:44 AM 8:50 AM 8:57 AM A 9:05 AM 9:11 AM 9:17 AM 9:24 AM 9:30 AM 9:37 AM A 9:45 AM 9:51 AM 9:57 AM 10:04 AM 10:10 AM 10:17 AM A 10:25 AM 10:31 AM 10:37 AM 10:44 AM 10:50 AM 10:57 AM A 11:05 AM 11:11 AM 11:17 AM 11:24 AM 11:30 AM 11:37 AM A 11:45 AM 11:51 AM 11:57 AM 12:04 PM 12:10 PM 12:17 PM A 12:45 PM 12:51 PM 12:57 PM 1:04 PM 1:10 PM 1:17 PM A 1:05 PM 1:11 PM 1:17 PM 1:24 PM 1:30 PM 1:37 PM A 1:45 PM 1:51 PM 1:57 PM 2:04 PM 2:10 PM 2:17 PM A 2:25 PM 2:31 PM 2:37 PM 2:44 PM 2:50 PM 2:57 PM A 3:05 PM 3:11 PM 3:17 PM 3:24 PM 3:30 PM 3:37 PM A 3:45 PM 3:51 PM 3:57 PM 4:04 PM 4:10 PM 4:17 PM A 4:25 PM 4:31 PM 4:37 PM 4:44 PM 4:50 PM 4:57 PM A 5:05 PM 5:11 PM 5:17 PM 5:24 PM 5:30 PM 5:37 PM A 5:45 PM 5:51 PM 5:57 PM 6:04 PM 6:10 PM 6:17 PM A 6:18 PM 6:22 PM 6:28 PM 6:34 PM 6:39 PM 6:45 PM A 7:18 PM 7:22 PM 7:28 PM 7:34 PM 7:39 PM 7:45 PM A 8:18 PM 8:22 PM 8:28 PM 8:34 PM 8:39 PM 8:45 PM A 9:18 PM 9:22 PM 9:28 PM 9:34 PM 9:39 PM 9:45 PM Approximate Weekend Schedule Route 3 slotransit.org Part Four: Appendices | Page 101 Table 6: Route 4 A&B Schedule # of BusesDTC (Arrive) South @ Parker Promena de LOVR @ Irish Hills LOVR @ Oceanaire Descanso @ LOVR Ramona @ Palomar Kennedy Library (Arrive) Kennedy Library (Depart) DTC (Depart) A 6:34 AM 6:38 AM 6:44 AM 6:53 AM 6:55 AM 7:05 AM A 7:10 AM 7:17 AM 7:22 AM 7:28 AM 7:34 AM - 7:44 AM 7:53 AM 7:55 AM 8:05 AM B 7:40 AM 7:47 AM 7:52 AM 7:58 AM 8:04 AM 8:08 AM 8:14 AM 8:23 AM 8:25 AM 8:35 AM A 8:10 AM 8:17 AM 8:22 AM 8:28 AM 8:34 AM - 8:44 AM 8:53 AM 8:55 AM 9:05 AM B 8:40 AM 8:47 AM 8:52 AM 8:58 AM 9:04 AM 9:08 AM 9:14 AM 9:23 AM 9:25 AM 9:35 AM A 9:10 AM 9:17 AM 9:22 AM 9:28 AM 9:34 AM - 9:44 AM 9:53 AM 9:55 AM 10:05 AM B 9:40 AM 9:47 AM 9:52 AM 9:58 AM 10:04 AM 10:08 AM 10:14 AM 10:23 AM 10:25 AM 10:35 AM A 10:10 AM 10:17 AM 10:22 AM 10:28 AM 10:34 AM - 10:44 AM 10:53 AM 10:55 AM 11:05 AM B 10:40 AM 10:47 AM 10:52 AM 10:58 AM 11:04 AM 11:08 AM 11:14 AM 11:23 AM 11:25 AM 11:35 AM A 11:10 AM 11:17 AM 11:22 AM 11:28 AM 11:34 AM - 11:44 AM 11:53 AM 11:55 AM 12:05 PM B 11:40 AM 11:47 AM 11:52 AM 11:58 AM 12:04 PM 12:08 PM 12:14 PM 12:23 PM 12:25 PM 12:35 PM A 12:10 PM 12:17 PM 12:22 PM 12:28 PM 12:34 PM - 12:44 PM 12:53 PM 12:55 PM 1:05 PM B 12:40 PM 12:47 PM 12:52 PM - 1:04 PM 1:08 PM 1:14 PM 1:23 PM 1:25 PM 1:35 PM A 1:10 PM 1:17 PM 1:22 PM 1:28 PM 1:34 PM - 1:44 PM 1:53 PM 1:55 PM 2:05 PM B 1:40 PM 1:47 PM 1:52 PM - 2:04 PM 2:08 PM 2:14 PM 2:23 PM 2:25 PM 2:35 PM A 2:10 PM 2:17 PM 2:22 PM 2:28 PM 2:34 PM - 2:44 PM 2:53 PM 2:55 PM 3:05 PM B 2:40 PM 2:47 PM 2:52 PM - 3:04 PM 3:08 PM 3:14 PM 3:23 PM 3:25 PM 3:35 PM A 3:10 PM 3:17 PM 3:22 PM 3:28 PM 3:34 PM - 3:44 PM 3:53 PM 3:55 PM 4:05 PM B 3:40 PM 3:47 PM 3:52 PM - 4:04 PM 4:08 PM 4:14 PM 4:23 PM 4:25 PM 4:35 PM A 4:10 PM 4:17 PM 4:22 PM 4:28 PM 4:34 PM - 4:44 PM 4:53 PM 4:55 PM 5:05 PM B 4:40 PM 4:47 PM 4:52 PM - 5:04 PM 5:08 PM 5:14 PM 5:23 PM 5:25 PM 5:35 PM A 5:10 PM 5:17 PM 5:22 PM 5:28 PM 5:34 PM - 5:44 PM 5:53 PM 6:05 AM 6:15 AM B 5:40 PM 5:47 PM 5:52 PM - 6:04 PM 6:08 PM A 6:20 PM 6:27 PM 6:32 PM 6:38 PM 6:44 PM - 6:54 PM 7:03 PM 7:05 PM 7:15 PM A 7:20 PM 7:27 PM 7:32 PM 7:38 PM 7:44 PM - 7:54 PM 8:03 PM 8:05 PM 8:15 PM A 8:20 PM 8:27 PM 8:32 PM 8:38 PM 8:44 PM - 8:54 PM 9:03 PM 9:05 PM 9:15 PM A 9:20 PM 9:27 PM 9:32 PM 9:38 PM 9:44 PM - 9:54 PM 10:03 PM 10:05 PM 10:15 PM A 10:20 PM 10:27 PM 10:32 PM 10:38 PM 10:44 PM - Route 4A Aproximate Weekend Schedule Route 4 A & B slotransit.org Part Four: Appendices | Page 102 Table 7: Route 5 A&B Schedule # of BusesDTC (Depart) PAC (Arrive) PAC (Depart) Foothill @ University Descanso @ LOVR LOVR @ Oceanaire LOVR @ Irish Hills Promena de South @ Parker Amtrak Station DTC (Arrival) A 6:20 AM 6:21 AM 6:24 AM 6:32 AM 6:36 AM 6:41 AM 6:47 AM A 7:50 AM 7:58 AM 8:03 AM 8:11 AM 8:20 AM 8:21 AM 8:24 AM 8:32 AM 8:36 AM 8:41 AM 8:47 AM B 8:20 AM 8:28 AM 8:33 AM 8:41 AM 8:50 AM 8:51 AM 8:54 AM 9:02 AM 9:06 AM 9:11 AM 9:17 AM A 8:50 AM 8:58 AM 9:03 AM 9:11 AM 9:20 AM 9:21 AM 9:24 AM 9:32 AM 9:36 AM 9:41 AM 9:47 AM B 9:20 AM 9:28 AM 9:33 AM 9:41 AM 9:50 AM 9:51 AM 9:54 AM 10:02 AM 10:06 AM 10:11 AM 10:17 AM A 9:50 AM 9:58 AM 10:03 AM 10:11 AM 10:20 AM 10:21 AM 10:24 AM 10:32 AM 10:36 AM 10:41 AM 10:47 AM B 10:20 AM 10:28 AM 10:33 AM 10:41 AM 10:50 AM 10:51 AM 10:54 AM 11:02 AM 11:06 AM 11:11 AM 11:17 AM A 10:50 AM 10:58 AM 11:03 AM 11:11 AM 11:20 AM 11:21 AM 11:24 AM 11:32 AM 11:36 AM 11:41 AM 11:47 AM B 11:20 AM 11:28 AM 11:33 AM 11:41 AM 11:50 AM 11:51 AM 11:54 AM 12:02 PM 12:06 PM 12:11 PM 12:17 PM A 11:50 AM 11:58 AM 12:03 PM 12:11 PM 12:20 PM 12:21 PM - 12:32 PM 12:36 PM 12:41 PM 12:47 PM B 12:20 PM 12:28 PM 12:33 PM 12:41 PM 12:50 PM 12:51 PM 12:54 PM 1:02 PM 1:06 PM 1:11 PM 1:17 PM A 12:50 PM 12:58 PM 1:03 PM 1:11 PM 1:20 PM 1:21 PM - 1:32 PM 1:36 PM 1:41 PM 1:47 PM B 1:20 PM 1:28 PM 1:33 PM 1:41 PM 1:50 PM 1:51 PM 1:54 PM 2:02 PM 2:06 PM 2:11 PM 2:17 PM A 1:50 PM 1:58 PM 2:03 PM 2:11 PM 2:20 PM 2:21 PM - 2:32 PM 2:36 PM 2:41 PM 2:47 PM B 2:20 PM 2:28 PM 2:33 PM 2:41 PM 2:50 PM 2:51 PM 2:54 PM 3:02 PM 3:06 PM 3:11 PM 3:17 PM A 2:50 PM 2:58 PM 3:03 PM 3:11 PM 3:20 PM 3:21 PM - 3:32 PM 3:36 PM 3:41 PM 3:47 PM B 3:20 PM 3:28 PM 3:33 PM 3:41 PM 3:50 PM 3:51 PM 3:54 PM 4:02 PM 4:06 PM 4:11 PM 4:17 PM A 3:50 PM 3:58 PM 4:03 PM 4:11 PM 4:20 PM 4:21 PM - 4:32 PM 4:36 PM 4:41 PM 4:47 PM B 4:20 PM 4:28 PM 4:33 PM 4:41 PM 4:50 PM 4:51 PM 4:54 PM 5:02 PM 5:06 PM 5:11 PM 5:17 PM A 4:50 PM 4:58 PM 5:03 PM 5:11 PM 5:20 PM 5:21 PM - 5:32 PM 5:36 PM 5:41 PM 5:47 PM B 5:20 PM 5:28 PM 5:33 PM 5:41 PM 5:50 PM 5:51 PM 5:54 PM 6:02 PM 6:06 PM 6:11 PM 6:17 PM A 5:50 PM 5:58 PM 6:03 PM 6:11 PM 6:20 PM 6:21 PM - 6:32 PM 6:36 PM 6:41 PM 6:47 PM A 6:20 PM 6:28 PM 6:33 PM 6:41 PM 6:50 PM 6:51 PM 6:54 PM 7:02 PM 7:06 PM 7:11 PM 7:17 PM A 6:50 PM 6:58 PM 7:03 PM 7:11 PM 7:20 PM 7:21 PM - 7:32 PM 7:36 PM 7:41 PM 7:46 PM 7:50 PM 7:58 PM 8:03 PM 8:11 PM 8:20 PM 8:21 PM Route 5B Approximate Weekend Schedule Route 5 A & B slotransit.org Part Four: Appendices | Page 103 Table 8: Route 6A Schedule # of BusesKennedy Library Patricia @ Foothill Ramona @ Palomar Casa @ Deseret Kennedy Library 1 7:16 AM 7:19 AM 7:25 AM 7:29 AM 1 8:10 AM 8:16 AM 8:19 AM 8:25 AM 8:29 AM 1 8:40 AM 8:46 AM 8:49 AM 8:55 AM 8:59 AM 1 9:10 AM 9:16 AM 9:19 AM 9:25 AM 9:29 AM 1 9:40 AM 9:46 AM 9:49 AM 9:55 AM 9:59 AM 1 10:10 AM 10:16 AM 10:19 AM 10:25 AM 10:29 AM 1 10:40 AM 10:46 AM 10:49 AM 10:55 AM 10:59 AM 1 11:10 AM 11:16 AM 11:19 AM 11:25 AM 11:29 AM 1 11:40 AM 11:46 AM 11:49 AM 11:55 AM 11:59 AM 1 12:10 PM 12:16 PM 12:19 PM 12:25 PM 12:29 PM 1 12:40 PM 12:46 PM 12:49 PM 12:55 PM 12:59 PM 1 1:10 PM 1:16 PM 1:19 PM 1:25 PM 1:29 PM 1 1:40 PM 1:46 PM 1:49 PM 1:55 PM 1:59 PM 1 2:10 PM 2:16 PM 2:19 PM 2:25 PM 2:29 PM 1 2:40 PM 2:46 PM 2:49 PM 2:55 PM 2:59 PM 1 3:10 PM 3:16 PM 3:19 PM 3:25 PM 3:29 PM 1 3:40 PM 3:46 PM 3:49 PM 3:55 PM 3:59 PM 1 4:10 PM 4:16 PM 4:19 PM 4:25 PM 4:29 PM 1 4:40 PM 4:46 PM 4:49 PM 4:55 PM 4:59 PM 1 5:10 PM 5:16 PM 5:19 PM 5:25 PM 5:29 PM 1 5:40 PM 5:46 PM 5:49 PM 5:55 PM 5:59 PM No Weekend Service Route 6A slotransit.org Part Four: Appendices | Page 104 Table 9: Route 6B Schedule # of BusesKennedy Library DTC (Arrive) DTC (Depart) California @ Taft Kennedy Library 1 7:02 AM 7:09 AM 7:15 AM 7:20 AM 7:26 AM 1 7:32 AM 7:39 AM 7:45 AM 7:50 AM 7:56 AM 1 8:02 AM 8:09 AM 8:15 AM 8:20 AM 8:26 AM 1 8:32 AM 8:39 AM 8:45 AM 8:50 AM 8:56 AM 1 9:02 AM 9:09 AM 9:15 AM 9:20 AM 9:26 AM 1 9:32 AM 9:39 AM 9:45 AM 9:50 AM 9:56 AM 1 10:02 AM 10:09 AM 10:15 AM 10:20 AM 10:26 AM 1 10:32 AM 10:39 AM 10:45 AM 10:50 AM 10:56 AM 1 11:02 AM 11:09 AM 11:15 AM 11:20 AM 11:26 AM 1 11:32 AM 11:39 AM 11:45 AM 11:50 AM 11:56 AM 1 12:02 PM 12:09 PM 12:15 PM 12:20 PM 12:26 PM 1 12:32 PM 12:39 PM 12:45 PM 12:50 PM 12:56 PM 1 1:02 PM 1:09 PM 1:15 PM 1:20 PM 1:26 PM 1 1:32 PM 1:39 PM 1:45 PM 1:50 PM 1:56 PM 1 2:02 PM 2:09 PM 2:15 PM 2:20 PM 2:26 PM 1 2:32 PM 2:39 PM 2:45 PM 2:50 PM 2:56 PM 1 3:02 PM 3:09 PM 3:15 PM 3:20 PM 3:26 PM 1 3:32 PM 3:39 PM 3:45 PM 3:50 PM 3:56 PM 1 4:02 PM 4:09 PM 4:15 PM 4:20 PM 4:26 PM 1 4:32 PM 4:39 PM 4:45 PM 4:50 PM 4:56 PM 1 5:02 PM 5:09 PM 5:15 PM 5:20 PM 5:26 PM 1 5:32 PM 5:39 PM 5:45 PM 5:50 PM 5:56 PM 1 6:02 PM 6:09 PM Route 6B slotransit.org Part Four: Appendices | Page 105 Table 10: Route 6 A/B Schedule # of BusesKennedy Library Patricia @ Foothill Ramona @ Palomar Casa @ Deseret Kennedy Library Kennedy Library DTC (Arrive) DTC (Depart) California @ Taft Kennedy Library 8:45 AM 8:50 AM 8:56 AM A 9:10 AM 9:16 AM 9:19 AM 9:25 AM 9:29 AM 9:32 AM 9:39 AM 9:45 AM 9:50 AM 9:56 AM A 10:10 AM 10:16 AM 10:19 AM 10:25 AM 10:29 AM 10:32 AM 10:39 AM 10:45 AM 10:50 AM 10:56 AM A 11:10 AM 11:16 AM 11:19 AM 11:25 AM 11:29 AM 11:32 AM 11:39 AM 11:45 AM 11:50 AM 11:56 AM A 12:10 PM 12:16 PM 12:19 PM 12:25 PM 12:29 PM 12:32 PM 12:39 PM 12:45 PM 12:50 PM 12:56 PM A 1:10 PM 1:16 PM 1:19 PM 1:25 PM 1:29 PM 1:32 PM 1:39 PM 1:45 PM 1:50 PM 1:56 PM A 2:10 PM 2:16 PM 2:19 PM 2:25 PM 2:29 PM 2:32 PM 2:39 PM 2:45 PM 2:50 PM 2:56 PM A 3:10 PM 3:16 PM 3:19 PM 3:25 PM 3:29 PM 3:32 PM 3:39 PM 3:45 PM 3:50 PM 3:56 PM A 4:10 PM 4:16 PM 4:19 PM 4:25 PM 4:29 PM 4:32 PM 4:39 PM 4:45 PM 4:50 PM 4:56 PM A 5:10 PM 5:16 PM 5:19 PM 5:25 PM 5:29 PM 5:32 PM 5:39 PM 5:45 PM 5:50 PM 5:56 PM A 6:10 PM 6:16 PM 6:19 PM 6:25 PM 6:29 PM 6:32 PM 6:39 PM 6:45 PM 6:50 PM 6:56 PM A 7:10 PM 7:16 PM 7:19 PM 7:25 PM 7:29 PM 7:32 PM 7:39 PM 7:45 PM 7:50 PM 7:56 PM A 8:10 PM 8:16 PM 8:19 PM 8:25 PM 8:29 PM 8:32 PM 8:39 PM 8:45 PM 8:50 PM 8:56 PM A 9:10 PM 9:16 PM 9:19 PM 9:25 PM 9:29 PM 9:32 PM 9:39 PM 9:45 PM 9:50 PM 9:56 PM A 10:10 PM 10:16 PM 10:19 PM 10:25 PM 10:29 PM 10:32 PM 10:39 PM 10:45 PM 10:50 PM 10:56 PM Saturdays And Summer schedule starting Mid June till Labor day Route 6 A/B slotransit.org Part Four: Appendices | Page 106 Table 11: Trolley Schedule # of BusesLa Cuesta Inn Monterey @ Osos Marsh @ Chorro Monterey @ California A 5:00:00 PM 5:03 PM 5:07 PM 5:13 PM A 5:20:00 PM 5:23 PM 5:27 PM 5:33 PM A 5:40:00 PM 5:43 PM 5:47 PM 5:53 PM A 6:00:00 PM 6:03 PM 6:07 PM 6:13 PM A 6:20:00 PM 6:23 PM 6:27 PM 6:33 PM A 6:40:00 PM 6:43 PM 6:47 PM 6:53 PM A 7:10:00 PM 7:13 PM 7:17 PM 7:23 PM A 7:30:00 PM 7:33 PM 7:37 PM 7:43 PM A 7:50:00 PM 7:53 PM 7:57 PM 8:03 PM A 8:10:00 PM 8:13 PM 8:17 PM 8:23 PM A 8:30:00 PM 8:33 PM 8:37 PM 8:43 PM A 8:50:00 PM 8:53 PM 8:57 PM 9:03 PM Thursdays, Year-Round Fridays, June through Labor Day Saturdays, April through October Trolley slotransit.org Part Four: Appendices | Page 107 Table 12: Tripper Schedule # of BusesDTC (Depart)SLO High DTC (Arrive) A 8:30:00 AM 8:40 AM 8:50 AM A 9:01:00 AM 9:11 AM 9:21 AM A 9:25:00 AM 9:35 AM 9:45 AM A 7:06:00 AM 7:16 AM 7:26 AM A 7:36:00 AM 7:46 AM 7:56 AM A 9:06:00 AM 9:16 AM 9:26 AM A 3:00:00 PM 3:10 PM 3:20 PM A 3:35:00 PM 3:45 PM 3:55 PM A 4:00:00 PM 4:10 PM 4:20 PM No Weekend Service Tripper PM, Monday - Friday AM, Monday AM, Tuesday - Friday slotransit.org Part Four: Appendices | Page 108 Appendix B: Fleet Roster Unit Make Length ModelYear Manu.Age (yrs.)Remain YearsReplacement Year (Best Case) Mileage (11/18/15)AVG/Year MileageProjected Mileage ReplacementCapacity Vin # Fuel Current Status Use1151Gillig40'Low Floor2001 14-22013373,485 26,678 426,840 38/2 wc 15GGD181011070768 Diesel ACTIVE2152Gillig40'Low Floor2001 14-22013395,360 28,240 451,840 38/2 wc 15GGD181011070769 Diesel ACTIVE3153Gillig40'Low Floor2001 14-22013417,727 29,838 477,402 38/2 wc 15GGD181011070770 Diesel ACTIVE4754Gillig30'Low Floor20078 22017209,038 26,130 261,298 23/2 wc 15GGE271X71091169 Diesel ACTIVELimited Interchangeability (Routes 1 & 3)5755Gillig30'Low Floor20078 22017219,432 27,429 274,290 23/2 wc 15GGE271671091170 Diesel ACTIVELimited Interchangeability (Routes 1 & 3)6856DOUBLE K30'TROLLEY20087 5202052,371 7,482 89,779 24/2 WC 5B4MP67G993435801 Gasoline ACTIVENot Interchangeable W/ Fixed Route (Downtown Circular Serv Only)7857Gillig40'Low Floor20087 52020268,356 38,337 460,039 36/2 WC 15GGD271281176106 Diesel ACTIVE/FTA 5668858Gillig40'Low Floor20087 52020238,109 34,016 408,187 36/2 WC 15GGD271281176107 Diesel ACTIVE/FTA 5669859Gillig40'Low Floor20087 52020267,835 38,262 459,146 36/2 WC 15GGD271281176108 Diesel ACTIVE/PROP 1B10 860Gillig40'Low Floor20087 52020259,781 37,112 445,339 36/2 WC 15GGD271281176109 Diesel ACTIVE/PROP 1B11 861Gillig35'Low Floor20087 52020257,180 36,740 440,880 32/2WC 15GGB271581176110 Diesel ACTIVSTIP12 862Gillig35'Low Floor20087 52020262,480 37,497 449,966 32/2WC 15GGB271581176111 Diesel ACTIVSTIP13 963Alexander Dennis40'Double Deck20096 62021111,029 18,505 222,058 81/2WC SFET2A7239GN12228 Diesel ACTIVE/FTA 606Not Interchangeable W/ All Fixed Route (Routes 4 & 5 Only)14 1264Gillig40'Low Floor20123 92024138,044 46,015 552,176 36/2 WC 15GGD271XC1176686 Diesel ACTIVE-PROP 1B15 1365Gillig40'Low Floor2013210 2025131,728 65,864 790,368 36/2 WC 5GGD2714D1180508 Diesel ACTIVE FTA Y865 & Y95516 1366Gillig40'Low Floor2013210 2025114,047 57,024 684,282 32/2 WC 15GGD2716D1181949 Diesel ACTIVE 100% PROP 1B17 1167Ford28'Cut-Away20114 12019110,683 27,671 138,354 28/2 WC 1FDAFG5YXBEB82559 Gasoline ACTIVE 100% TDANot Interchangeable W/ Fixed Route (Tripper Service Only)PENDING GILLIG BRT40'2016/17 012 202832/2 wcDiesel PendingTo be delivered April 2017PENDING GILLIG BRT40'2016/17 012 202832/2 wcDiesel PendingTo be delivered April 2017PENDING GILLIG BRT40'2016/17 012 202832/2 wcDiesel PendingTo be delivered April 2017Total Veh:17Avg Age: 7.9*9 Vehicles needed for peak fixed route service slotransit.org Part Four: Appendices | Page 109 Appendix C: Short Range Transit Plan Please visit: http://www.slocity.org/government/department-directory/public-works/slo-transit/short-range- transit-plan for the most recent information for the SLO Transit SRTP slotransit.org Part Four: Appendices | Page 110 Appendix D: City Provided Equipment Inventory Report Vehicle Nr Location Tag Number Make Model Acquired Cost Asset Serial Nr 0000 Classroom 13832 GFI Odyssey $13,675.32 Fare Box OD027844 Maintenance Bays 14837 Sefac $6,037.00 Jacks 13651 Safec $6,037.00 SAFEC Jacks 14840 Safec $6,037.00 Jack 13655 Safec $6,037.00 Jack 13654 Safec $6,037.00 Jack 14838 Sefac $6,037.00 Jacks 13652 Safec $6,037.00 Jacks 14839 Safec $6,037.00 Jacks On Vehicle 13805 GFI Odyssey $13,675.32 Fare Box 13829 GFI Odyssey $13,675.32 Fare box 13806 GFI Odyssey $13,675.32 Fare box 13807 GFI Odyssey $13,675.32 Fare box 13808 GFI Odyssey $13,675.32 Fare box 13809 GFI Odyssey $13,675.32 Fare box Parts Room 13824 GFI Odyssey $13,675.32 Fare Box OD027842 13823 GFI Odyssey $13,675.32 Fare Box OD027846 DRI AVL Equipment $10,359.75 DR600 0151 Bus Parking 0201 Gillig $254,799.00 Transit Coach - Low Floor VIN: 15GGD181011070768 On Vehicle 14814 GFI Odyssey $13,675.32 Fare Box OD027857 0152 Bus Parking 0202 Gillig $254,799.00 Transit Coach - Low Floor VIN: 15GGD181011070769 On Vehicle 14913 GFI Odyssey $13,675.32 Fare Box OD27858 0153 Bus Parking 0203 Gillig $254,799.00 Transit Coach - Low Floor VIN: 15GGD181011070770 On Vehicle 14822 GFI Odyssey $13,675.32 Fare Box OD027843 0754 Bus Parking 0861 Gillig $280,850.00 Transit Coach - Low Floor VIN: 15GGE271X71091169 On Vehicle 13837 GFI Odyssey $13,675.32 Fare Box OD027843 0755 Bus Parking 0824 Gillig $346,022.50 Transit Coach - Low Floor VIN: 15GGE271671091170 On Vehicle 14916 GFI Odyssey $13,675.32 Fare Box OD027851 0856 Bus Parking 0911 Double K $169,737.50 Trolley Bus 56 VIN: 5B4MP67G993435801 On Vehicle 13841 GFI Odyssey $13,675.32 Fare Box OD027847 0857 Bus Parking 0912 Gillig $374,248.75 Transit Coach - Low Floor VIN: 15GGD271281176106 On Vehicle 14854 GFI Odyssey $13,675.32 Fare Box OD027849 0858 Bus Parking 0913 Gillig $373,782.50 Transit Coach - Low Floor VIN: 15GGD271281176107 On Vehicle 14848 GFI Odyssey $13,675.32 Fare Box OD027845 0859 Bus Parking 0914 Gillig $360,830.02 Transit Coach - Low Floor 15GGD271281176108 On Vehicle 14494 DRI $83,205.00 Equipment (DR600's & Modems) 14850 GFI Odyssey $13,675.32 Fare Box OD27840 0860 Bus Parking 0915 Gillig $360,830.02 Transit Coach - Low Floor VIN: 15GGD271281176109 On Vehicle 14818 GFI Odyssey $13,675.32 Fare Box OD027848 0861 Bus Parking 0916 Gillig $355,012.00 Transit Coach - Low Floor VIN: 15GGB271581176110 On Vehicle 14844 GFI Odyssey $13,675.32 Fare Box OD27856 0862 Bus Parking 0917 Gillig $355,012.00 Transit Coach - Low Floor VIN: 15GGB271581176111 On Vehicle 14920 GFI Odyssey $13,675.32 Fare Box OD27852 0963 Bus Parking 1106 Alexander Dennis DD Model $843,369.00 Transit Coach - Low Floor SFET2A7239GN12228 1202 Bus Parking 13424 Panasonic CDCE $6,604.60 Dell Laptop Win7 Intel Core 15 AB23456789OCTSA23281 Outside Maintenance Dodge Caravan $40,091.72 Road Supervisor Vehicle 2D4RN4DG7BR794983 1264 Bus Parking 1204 Gillig $414,700.00 Transit Coach - Low Floor VIN: 15GGD271XC1176686 1365 Bus Parking 1303 Gillig $431,552.56 Transit Coach - Low Floor VIN: 15GGD2714D1180508 1366 Bus Parking 1304 Gillig $428,721.44 Transit Coach - Low Floor VIN: 15GGD2716D1181949 slotransit.org Part Four: Appendices | Page 111 Appendix E: Transit Operations & Maintenance Facility The Transit Operations & Maintenance Facility was originally constructed in 1976 and is located at 29 Prado Road, San Luis Obispo, CA 93401. The facility consists of 10,600 square feet of bus bay parking along with a 5,480 square foot combined administration and maintenance building, located at the center of the property. The building is comprised of 1,650 square feet of administrative offices and 3,830 square feet of maintenance bays. The administrative office portion of the building is separated into three primary rooms. One room is used for the General Manager, the second is shared by Dispatch and Road Supervisors and the third room is a driver assembly (break) room. The remainder of the building consists of gender-specific restroom/locker rooms. A potential remodel of a portion of the building space has been identified to create a classroom. Within the maintenance portion of the building there is a parts room that the City is currently designing to be converted into the classroom. At this time, the completion of this work is unknown. slotransit.org Part Four: Appendices | Page 112 Appendix F: Federal Clauses 1. Fly America Requirements 49 U.S.C. §40118 41 CFR Part 301-10 The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. Buy America Requirements 49 U.S.C. 5323(j) 49 CFR Part 661 The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA- funded contracts, but does not specify the language to be used. The following language has been developed by FTA. slotransit.org Part Four: Appendices | Page 113 Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). slotransit.org Part Four: Appendices | Page 114 The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ 3. Charter Bus Requirements 49 U.S.C. 5323(d) 49 CFR Part 604 The Charter Bus requirements apply to the following type of contract: Operational Service Contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors. The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FTA. Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of 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 at 49 CFR 604.9. 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. slotransit.org Part Four: Appendices | Page 115 4. School Bus Requirements 49 U.S.C. 5323(F) 49 CFR Part 605 The School Bus requirements apply to the following type of contract: Operational Service Contracts. The School Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors. The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FTA. School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 5. Cargo Preference Requirements 46 U.S.C. 1241 46 CFR Part 381 The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 6. Seismic Safety Requirements slotransit.org Part Four: Appendices | Page 116 42 U.S.C. 7701 et seq. 49 CFR Part 41 The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. The regulations do not provide suggested language for third-party contract clauses. The following language has been developed by FTA. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 7. Energy Conservation Requirements 42 U.S.C. 6321 et seq. 49 CFR Part 18 The Energy Conservation requirements are applicable to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 8. Clean Water Requirements 33 U.S.C. 1251 The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. slotransit.org Part Four: Appendices | Page 117 Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the 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. 9. Bus Testing 49 U.S.C. 5318(e) 49 CFR Part 665 The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Bus Testing requirements should not flow down, except to the turnkey contractor as stated in Master Agreement. Clause and language therein are merely suggested. 49 CFR Part 665 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. Bus Testing Certification and language therein are merely suggested. Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2. A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4. If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. slotransit.org Part Four: Appendices | Page 118 CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ 10. Pre-award and Post Delivery Audits Requirements 49 U.S.C. 5323 49 CFR Part 663 These requirements apply only to the acquisition of Rolling Stock/Turnkey. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. These requirements should not flow down, except to the turnkey contractor as stated in Master Agreement. Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. Buy America certification is mandated under FTA regulation, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of 1982, as amended," 49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 5323(j). Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling slotransit.org Part Four: Appendices | Page 119 stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT (To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at $100,000.) Certificate of Compliance The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11: Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ Certificate of Non-Compliance The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7. Date: ___________________________________ Signature: ___________________________________ Company Name: ___________________________________ Title: ___________________________________ 11. Lobbying slotransit.org Part Four: Appendices | Page 120 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ] Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer o r employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) slotransit.org Part Four: Appendices | Page 121 The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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 making lobbying contacts to 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 [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement o f its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official ___________________________________ Name and Title of Contractor's Authorized Official ___________________________________ Date ___________________________________ 12. Access to Records and Reports 49 U.S.C. 5325 slotransit.org Part Four: Appendices | Page 122 18 CFR 18.36 (i) 49 CFR 633.17 Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. FTA does not require the inclusion of these requirements in subcontracts. The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. slotransit.org Part Four: Appendices | Page 123 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Contract Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I. State Grantees a. Contracts below SAT ($100,000) None Those imposed on state pass thru to Contractor None None None None b. Contracts above $100,000/Capital Projects None unless1 non- competitive award Those imposed on state pass thru to Contractor Yes, if non- competitive award or if funded thru2 5307/5309/5311 None unless non- competitive award None unless non- competitive award None unless non- competitive award II. Non State Grantees a. Contracts below SAT ($100,000) Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes b. Contracts above $100,000/Capital Projects Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Sources of Authority 1. 49 USC 5325 (a) 2. 49 CFR 633.17 3. 18 CFR 18.36 (i) 13. Federal Changes 49 CFR Part 18 The Federal Changes requirement applies to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Federal Changes requirement flows down appropriately to each applicable changed requirement. No specific language is mandated. The following language has been developed by FTA. slotransit.org Part Four: Appendices | Page 124 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 14. Bonding Requirements For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1. 1.50% of the contract price if the contract price is not more than $1 million; 2. 2.40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3. 3.$2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Bonding requirements flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: a. Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. b. Rights Reserved slotransit.org Part Four: Appendices | Page 125 In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. The Contractor shall be required to obtain performance and payment bonds as follows: a. Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. b. Payment bonds 1. The penal amount of the payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million. ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a. The following situations may warrant a performance bond: slotransit.org Part Four: Appendices | Page 126 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. b. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. c. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. d. When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million; ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is increased. The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a slotransit.org Part Four: Appendices | Page 127 minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 15. Clean Air 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. The Clean Air requirements flow down to all subcontracts which exceed $100,000. No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the 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. 16. Recycled Products 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. slotransit.org Part Four: Appendices | Page 128 These requirements flow down to all to all contractor and subcontractor tiers. No specific clause is mandated, but FTA has developed the following language. Recovered Materials - 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. 17. Davis-Bacon and Copeland Anti-Kickback Acts The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied. Davis-Bacon and Copeland Anti-Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. slotransit.org Part Four: Appendices | Page 129 (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officershall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: slotransit.org Part Four: Appendices | Page 130 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated slotransit.org Part Four: Appendices | Page 131 in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; 2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually slotransit.org Part Four: Appendices | Page 132 registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. slotransit.org Part Four: Appendices | Page 133 (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 18. Contract Work Hours and Safety Standards Act The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC 3701(b)(3)(A)(iii). The Act applies to construction contracts and, in very limited circumstances, non-construction projects that employ “laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial slotransit.org Part Four: Appendices | Page 134 items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied. Contract Work Hours and Safety Standards 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. [ RESERVED ] 20. No Government Obligation to Third Parties Applicable to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases. Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. slotransit.org Part Four: Appendices | Page 135 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 21. Program Fraud and False or Fraudulent Statements and Related Acts 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 These requirements are applicable to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases. These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the 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, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. 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 FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. slotransit.org Part Four: Appendices | Page 136 22. Termination 49 U.S.C.Part 18 FTA Circular 4220.1E All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (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 (Recipient) 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 (Recipient) 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 (Recipient), 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. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] 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 If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written slotransit.org Part Four: Appendices | Page 137 notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature slotransit.org Part Four: Appendices | Page 138 of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to slotransit.org Part Four: Appendices | Page 139 perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 23. Government-Wide Debarment and Suspension (Nonprocurement) 49 CFR Part 29 Executive Order 12549 In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29. 220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment slotransit.org Part Four: Appendices | Page 140 This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 24. Privacy Act 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: 1. 1.The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 2. 2.The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. slotransit.org Part Four: Appendices | Page 141 25. Civil Rights Requirements 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The Civil Rights Requirements apply to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shorten the lengthy text. Civil Rights - The following requirements apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the 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 for slotransit.org Part Four: Appendices | Page 142 training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 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 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 26. Breaches and Dispute Resolution 49 CFR Part 18 FTA Circular 4220.1E All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. The Breaches and Dispute Resolutions requirements flow down to all tiers. FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts slotransit.org Part Four: Appendices | Page 143 he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 27. Patent and Rights in Data 37 CFR Part 401 49 CFR Parts 18 and 19 Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier. The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: 1. The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog slotransit.org Part Four: Appendices | Page 144 item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. 2. The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: a. Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. b. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. c. When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. d. Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its slotransit.org Part Four: Appendices | Page 145 officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. e. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. f. Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. g. Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 3. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. 4. The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: 1. General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. 2. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and slotransit.org Part Four: Appendices | Page 146 the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. 3. The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 28. Transit Employee Protective Agreements 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215 The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.) Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. These provisions are applicable to all contracts and subcontracts at every tier. Since no mandatory language is specified, FTA had developed the following language. Transit Employee Protective Provisions. 1. The Contractor agrees to the comply with applicable transit employee protective requirements as follows: a. General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. b. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. slotransit.org Part Four: Appendices | Page 147 § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. c. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. 2. The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 29. Disadvantaged Business Enterprise (DBE) 49 CFR Part 26 The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. slotransit.org Part Four: Appendices | Page 148 Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is __ %. A separate contract goal [of __ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to slotransit.org Part Four: Appendices | Page 149 return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the {insert agency name} and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. 30. [ RESERVED ] 31. Incorporation of Federal Transit Administration (FTA) Terms FTA Circular 4220.1E The incorporation of FTA terms applies to all contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. The incorporation of FTA terms has unlimited flow down. FTA has developed the following incorporation of terms language: 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 4220.1E 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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 32. Drug and Alcohol Testing 49 U.S.C. §5331 49 CFR Parts 653 and 654 The Drug and Alcohol testing provisions apply to Operational Service Contracts. Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro- purchases. Anyone who performs a safety-sensitive function for the recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non-urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance subcontractors. Introduction slotransit.org Part Four: Appendices | Page 150 FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Parts 653 and 654. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. How a recipient does so depends on several factors, including whether the contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the contractor, and the financial resources available to the recipient to oversee the contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and contractors comply with the rules. Therefore, FTA has developed three model contract provisions for recipients to use "as is" or to modify to fit their particular situations. Explanation of Model Contract Clauses Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety-sensitive employees to that program. Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 653 and 654, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Under option 3, the recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why. Drug and Alcohol Testing Option 1 The contractor agrees to: (a) participate in ( grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654. Drug and Alcohol Testing slotransit.org Part Four: Appendices | Page 151 Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Drug and Alcohol Testing Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before ( insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium). slotransit.org Part Four: Appendices | Page 152 Appendix G: Penalties & Incentives (Liquidated Damages) Penalties: Issued Monthly (per occurrence) Penalties City’s election not to reduce the amount owed by it to Contractor for the assessments detailed this section shall not act as a waiver as to City’s right to make such assessments in the future. In addition, the penalties detailed in this section shall not relieve Contractor of its obligations to satisfy each and every requirement under the terms of the Agreement. The invalidity or unenforceability of any particular assessment established in this Section shall not affect the validity or unenforceability of other assessments established in this Agreement. The Transit Manager’s decision with regard to the assessment of payment increases or reductions is final and may not be appealed. After bonuses or penalties are assessed, the rate of consideration shall revert to the rates specified in the Service and Payment schedule until the next assessment is made. This Performance Incentives Program does not lessen City’s right to declare a material breach of contract for non-compliance reasons, nor does it constitute a waiver of any other remedies provided by law. This program is in addition to, and not in lieu of, all other City remedies for failure to perform the Agreement. Cleanliness Vehicle Cleanliness Penalty Should a vehicle be pulled out of revenue service for severe non-compliance of the vehicle cleanliness standards set forth in the scope of work, the Contractor shall be assessed a penalty of one hundred dollars ($100.00) per occurrence. Should a vehicle in revenue service be determined to not meet the vehicle cleanliness standards, the contractor shall be assessed a penalty of one hundred dollars ($100.00). Facility Cleanliness Penalty Contractor shall pay City the sum of one hundred dollars ($100.00) per day, after notice to cure, if the Transit Manager deems the Bus Operations and Maintenance Facility as unsatisfactory. Facility Damage Penalty Contractor shall pay City the sum of the cost of repairs plus one hundred dollars ($100.00) per day for any damage incurred by the Contractor to the Bus Operations and Maintenance Facility. Schedule Adherence Late Departure/Pull–Out (leaving more than ≥5 minutes of schedule) Contractor shall pay City the sum of one hundred dollars ($100.00) for each failure to begin operation of a schedule past five (≥5) minutes of the route pull (scheduled start time) designated by City. Early Departure/Pull-Out (leaving ≥1 minutes of schedule) Contractor shall pay City the sum of two hundred dollars ($200.00) for each event where the bus leaves (≥1) minutes before the route pull (scheduled start time) designated by City. slotransit.org Part Four: Appendices | Page 153 Off-Route Contractor shall pay City the sum of fifty dollars ($50.00) for each occasion on which a bus is “off-route”, that is operating on streets other than those designated on the route maps established by City for the route being run. This excludes detours due to street closures on any specific route. This penalty is cumulative with other penalties. Missed Run/Trip (leaving ≥15 minutes of schedule) Contractor shall pay City the sum of two hundred fifty dollars ($250.00) for each occasion of failure to complete a run and/or trip on any route. This penalty is cumulative with other penalties. Missed-Stop(s) [per stop] Contractor shall pay City the sum of fifty dollars ($50.00) for each bus stop not served as a result of missed service. This penalty is cumulative with other penalties Missed Passenger(s) [group per stop] The Contractor shall pay the City the sum of fifty dollars ($50.00) per passenger that left behind by the bus for failing to stop. Failure to Operate Service (At-All) Contractor shall pay City the sum of the “Daily Cost of Operating” plus one-thousand dollars ($1000.00) for each day on which the contractor fails to operate the transit service At-All. This penalty is cumulative with other penalties. Performance A bus shall be considered “NOT ON-TIME” if: it arrives at a particular scheduled arrival time two (2) minutes and zero (0) seconds or earlier; (b) it arrives over four (4) minutes and fifty nine (59) seconds after the scheduled arrival time; (c) it departs before the scheduled departure time; and/or (d) it departs over five (5) minutes and zero (0) second after the scheduled departure time. Service performance standards require that ninety five percent (95%) of all buses providing service perform “ON-TIME”, and zero percent (0%) of those buses qualify as “HOT”. (“HOT” is defined as leaving before the scheduled departure time.) On-Time Performance <95% Contractor shall pay City a monthly lump-sum of two-hundred fifty dollar ($250.00) as a penalty payment for each revenue service route for which on time performance is less than 95% on any one transit route. On-Time Performance <90% Contractor shall pay City a monthly lump-sum of five-hundred dollars ($500.00) penalty payment for each revenue service route (local transit) on which on time performance is less than 90%. On-Time Performance <85% slotransit.org Part Four: Appendices | Page 154 Contractor shall pay City a monthly lump-sum of one-thousand dollars ($1,000.00) penalty payment for each revenue service route (local transit) on which on time performance is less than 85%. Reporting Unsatisfactory CHP Rating (per report) Contractor shall pay City the sum of four-hundred dollars ($400.00) for each inspection that SLO TRANSIT receives an unsatisfactory rating from the California Highway Patrol. In addition to other applicable penalties, the Contractor shall pay City the sum of two hundred fifty dollars ($250.00) for each bus that receives an unsatisfactory rating by the California Highway Patrol. In addition to other applicable penalties, the Contractor shall pay City the sum of five hundred dollars ($500.00) per day that the California Highway Patrol terminates service due an unsatisfactory rating. Failure to Employ (Management) Contractor shall pay City an amount equal to one-hundred fifty percent (150%) of daily salary including all fringe benefits shall be deducted for each day the positions of Resident Manager, Operations Manager, and/or the Maintenance Manager is vacant. This assessment will not be made until the thirtieth (30) day following notice of employment separation and/or departure from this project. Failure to Report (off routes, early, hot, etc.) Contractor shall pay City the sum of one hundred dollars ($100.00) per incident for failing to report penalties and/or liquidated damages. Late Reports Contractor shall pay City the sum of fifty dollars ($50.00) per report for each occasion on which Contractor fails to submit when due any periodic editions of the reports required by City. Farebox Deposit Shortage (%) Diff Reconciliation Contractor shall be responsible for any and all lost revenue collected in fareboxes and shall pay the City the lost revenue if the amount of collected fares is; equal to or greater than 0.5% LESS of GFI calculated fare revenue from the electronic fareboxes. Staff Performance Uniform Non-Compliance Contractor shall pay City the sum of twenty-five dollars ($25.00) per incident that a driver or Road Supervisor of the Contractor fails to comply with to the Uniform/Dress Code. Failure to Announce Stops (ADA) The Contract shall pay the City one-hundred dollars ($100.00) per bus stop that a bus driver fails to announce bus stops if vehicle annunciator system is not working and the vehicle remains in revenue service. Preventable Accident The Contractor shall pay the City a sum of fifty dollars ($50.00) for each preventable collision accident involving any of the revenue vehicles, whether in or out of service. slotransit.org Part Four: Appendices | Page 155 Improperly Licensed Driver (endorsements) The Contractor shall pay the City a sum of one-thousand ($1,000.00) for each driver lacking the proper license and endorsements. Failure to Abide by City Policies The Contractor shall pay the City a sum of one-hundred ($100.00) for each failure to abide by City policies. Failure to Load Passenger Before Driver Swap The Contractor shall pay the City a sum of fifty dollars ($50.00) for each incident that a driver fails to load passenger before beginning a driver swap during a revenue service. Fare Evasion by Driver The Contractor shall pay the City a sum of fifty to one- hundred dollars ($50.00-$100.00) plus fare for each incident that a driver allows family or friends to ride a route without paying required fare. Failure to pass FTA Audit of Drug & Alcohol Program Contractor shall pay City the sum of five-hundred dollars ($500.00) per incident where the Contractor fails to pass any FTA Audit of the FTA Drug and Alcohol Program. Breaking CA Vehicle Code Contractor shall pay City the sum of five-hundred dollars ($500.00) per incident that a driver is found in violation of the CA Vehicle Code. Maintenance Non-Compliance Preventative Maintenance Schedule Contractor shall pay City the sum of two-hundred dollars ($200.00) for any infraction that a Preventative Maintenance Inspection is not completed per adopted schedule. Non-Compliance Facility Maintenance Schedule Contractor shall pay City the sum of two-hundred dollars ($200.00) for any infraction that a Facility Maintenance Inspection is not completed per adopted schedule. Inoperable Lifts/Non ADA Compliance Contractor shall pay City the sum of two-hundred dollars ($200.00) per incident that a bus is placed in service with an inoperative wheelchair lift. Total Vehicle Miles between Roadcalls and Chargeable Service Calls The Contractor shall pay the City the rate of one cent ($0.01) per total system vehicle miles in the event that systemwide total vehicle miles between roadcalls and chargeable service calls falls less than four thousand (4,000) miles. Misuse of Fuel (stealing fuel, other than for service) Contractor shall pay City the sum of two-hundred dollars ($200.00) for each occasion that the City finds there has been a misuse of fuel, whether the fuel was for contractor vehicles or contactor staff’s private vehicles. Incentives: Issued Quarterly No Preventable Accidents with 90,000 miles between accidents slotransit.org Part Four: Appendices | Page 156 City shall pay the sum of one-hundred dollars ($100.00) to the Contractor as an incentive for the Contractor’s staff when there are no Preventable accidents and 90,000 between accidents. No Preventable Accidents with 70,000 miles between accidents City shall pay the sum of fifty dollars ($50.00) to the contractor as an incentive for the contractor’s staff when there are no Preventable accidents and 70,000 between accidents. No Preventable Accidents with 50,000 miles between accidents City shall pay the sum of fifty dollars ($50.00) to the contractor as an incentive for the contractor’s staff when there are no Preventable accidents and 50,000 between accidents. slotransit.org Part Four: Appendices | Page 157 Table 1: Penalties & Incentives (Liquidated Damages) Amount Vehicle Cleanliness Related Issue $100 Facility Cleanliness Related Issue $100 Facility Damage At Cost + $100 Late Departure /Pull-Out (leaving more than ≥5 min of posted schedule)$100 Early Departure / Pull-Out (leaving ≥1 minute earlier than posted schedule)$200 Off-Route $50 Missed Run/Trip (leaving ≥ 15 minutes of posted schedule)$250 Missed-Stop(s) [per stop]$50 Missed Passenger(s) [group per stop]$50 Failure to Operate Service (At-All)Equal To Daily Cost + $1000 On-Time Performance <95%$250 On-Time Performance <90%$500 On-Time Performance <85%$1,000 Unsatisfactory CHP Rating (per report)$400 Unsatisfactory CHP Rating (per bus)$250 Unsatisfactory CHP Rating (per day)$500 Failure to Employ (management)150% of Wage (inc fringe) Failure to Report (off routes, early, hot, etc.) (per incident)$100 Late Report [(general monthly reports) past 10th day]$50 Farebox vs. Deposit Shortage (%) Diff reconciliation If > 0.5% of GFI Report Uniform Non-Compliance $25 Failure to Announce Stops (ADA) (per stop)$100 Preventable Accident (per accident)$50 Improperly Licensed Driver (endorsements)$1,000 Failure to Abide City Policies $100 Failure to load passenger before driver swap $50 Fare Evasion by Driver $50-$100 plus Fare Failure to pass FTA Audit of Drug & Alcohol Testing $500 NEW: Breaking CA DMV Vehicle Code $500 Non-Compliance Preventative Maint Schedule $200 Non-Compliance Facility Maint Schedule $200 Inoperable Lifts/Non ADA compliance $250 Total Vehicle Miles between Roadcalls and Chargeable $0.01 Misuse of Fuel (stealing fuel, other than for service)$200Staff PerformanceMaint.Penalties: Issued Monthly (per occurrence)CleanSchedule AdherencePerform.Reporting slotransit.org Part Four: Appendices | Page 158 Amount No accidents 90K miles between accidents $75 No accidents 70K miles between accidents $50 No accidents 50K miles between accidents $50 On-Time Performance ≥ 98%$100 On-Time Performance ≥ 95%$100 Total:$375 Incentives: Issued Quarterly Incentives slotransit.org Part Four: Appendices | Page 159 Appendix H: Disadvantaged Business Enterprises (DBE) Goal Methodology For Calculating the Proposed DBE Goal for Federal Fiscal Year 2015 through Federal Fiscal Year 2017 (FFY15-FFY17) The City of San Luis Obispo’s SLO Transit fixed-route bus system (SLO TRANSIT) is proposing an overall Disadvantaged Business Enterprise (DBE) goal of 1.7% for U.S. Department of Transportation, Federal Transit Administration (FTA) assisted contracts in federal fiscal years 2015 through 2017 (FFY15 through FFY17). Prior to FFY15, the FTA required that any recipient of greater than $250,000 in FTA funds annually must establish a DBE goal. Recently, the FTA shifted from a requirement to calculate annually the DBE goal to calculating it every three years. As such, SLO TRANSIT is herein complying with this new requirement. SLO TRANSIT will receive approximately $1.1 million in FTA funding in FFY15 through FFY 17. Staff calculated the three-year DBE goal based upon the proposed SLO TRANSIT FY14-15 budget. SLO TRANSIT will adjust its DBE goal, if necessary, when future budgets are known or if contracting opportunities increase due to new capital federal funding sources. The Code of Federal Regulations, Title 49 Section 26 (49 CFR 26) describes several methods to calculate a DBE goal. The method staff chose to develop SLO TRANSIT’s FFY15 through FFY17 goal specifies that a simple percentage of DBE vendors in the contracted types of work be weighted by the proportion of total contract opportunities in that type of work as shown in the overall budget to determine a base goal. The base goal is to be further adjusted, as appropriate, to reflect the recipient’s actual experience or other qualifying factors to narrowly tailor the goal to area market conditions. The final goal is expressed as both the percentage and the amount of federal dollars in DBE contract opportunities. SLO TRANSIT’s goal will be reached through race neutral means by doing the following: DBE participation through a prime contract which a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry DBE goals; DBE participation on prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contract that did not consider a firm’s DBE status in making the award. SLO TRANSIT will not reach its goal through race conscious contract goals. To calculate SLO TRANSIT’s proposed FFY15 through FFY17 DBE Goal, staff used data from the proposed SLO TRANSIT FY14-15 budget, the latest (2008) US Bureau of Census County Business Patterns (CBP) database, and the California Department of Transportation (Caltrans) database of all statewide certified DBE vendors. Both the CBP and Caltrans DBE vendor database offer vendor groupings according to the type of work they perform as categorized by the North American Industry Classification System (NAICS), which provides a two to six-digit number corresponding to every known type of work performed by businesses in North America. In order to compare data from all three data sources using a common classification, staff identified all of the goods and services that SLO TRANSIT typically contracts by a corresponding NAICS code. The following text and tables describe the steps taken to calculate the goal. First, staff examined the proposed SLO TRANSIT FY14-15 budget to determine the type and amount of contracts which could be awarded from the operating and capital sections of the budget. From an operating and capital budget of $3,633,658, potential contract opportunities equal $3,068,203 outside of vehicle procurement. The slotransit.org Part Four: Appendices | Page 160 FTA provides an estimated $1,189,140 in operating and capital funding assistance. The following table shows the calculations for the first step. Second, staff identified every piece of potential contract work in the FY14-15 budget by a corresponding NAICS code. Staff aggregated the types of work into the four broader Procurement Groups of Construction, Transportation, Wholesale and Services identified in the Step 2 Table below. The four Procurement Groups derived from all contract opportunities are shown in the following table by dollar amount and percentage of total contract opportunities in each Procurement Group. Third, staff determined the market area from which vendors who bid on SLO TRANSIT contracts would likely be chosen. Since it is conceivable that a vendor may come from as far north as Sonoma, or as far south as Santa Barbara for the award of a large contract, staff included all of Caltrans Districts 04 and 05 when conducting its DBE calculation. In addition, staff included any DBE vendor in the state that indicated that they perform work in Districts 04 and 05, regardless of the vendor’s location. The following fourteen counties fall within Caltrans Districts 04 and 05, creating SLO TRANSIT’s market area: Alameda County Contra Costa County Marin County Monterey County Napa County San Benito County San Francisco County San Luis Obispo County San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Solano County Sonoma County After determining the market area, staff extracted a count of all vendors in the market area from the County Business Patterns (CBP) database by using the same NAICS code attached to each piece of potential contract (A) (B)(C)(D)(E) Total $ Procurement in Operating & Capital Budget $ Procurement in Operating & Capital Budget (B)/(A) $ FTA Operating & Capital Assitance $ FTA Operating & Capital Assitance in Procurement (C)*(D) FY15 Operating Budget 3,633,658$ 3,068,203$ 84%1,189,140$ 1,004,091$ FY15 Capital Budget 199,740$ 199,740$ 100%199,740$ 199,740$ Total: 3,833,398$ 3,267,943$ 1,388,880$ 1,203,831$ Step 1: SLO Transit FY15 Operating & Capital Budget Contract Opportunities Procurement Group Construction Transport Wholesale Services Total $in Group (FY15 Budget)-$ -$ -$ 1,589,580$ 1,589,580$ % of All Procurements in Group 0.0% 0.0%0.0% 100.0%100% $ FTA in Group {(1)%* $ Step 1. (E)} -$ -$ -$ 1,203,831$ 1,203,831$ Step 2. SLO Transit’s FY15 Operating & Capital Budget Contract Opportunities by Procurement Group slotransit.org Part Four: Appendices | Page 154 work in the SLO TRANSIT FY-1415 budget. Next, staff performed exactly the same operation on the Caltrans DBE vendor directory to obtain a count of DBE vendors in the SLO TRANSIT market area. The count of all vendors, DBE vendors and the percentage DBE vendors by Procurement Group in SLO TRANSIT’s market area are shown in the following Step 3 Table. Fourth, staff used the DBE percentage obtained above for each Procurement Group and multiplied that by the percentage (weight) of the total work to be performed in that Procurement Group as determined in Step 2. This produced the base DBE goal for FFY15 through FFY17. Procurement Group Construction Transport Wholesale Services # of Firms 2382 485991 221210,323110, 423120,423130, 424120,424720, 8112 522190,5241, 541, 561612, 561720,562112, 621111,8111, 812332 In NIACS Caltrans District 4 Alameda 671 17 1,492 7,612 9,792 Contra Costa 471 6 734 5,040 6,251 Marin 181 7 260 2,353 2,801 Napa 85 1 106 692 884 San Francisco 377 18 573 7,448 8,416 San Mateo 427 20 743 4,179 5,369 Santa Clara 797 16 1,448 10,822 13,083 Solano 190 6 318 1,047 1,561 Sonoma 393 6 461 2,383 3,243 Caltrans District 5 Monterey 219 325 1,448 1,992 San Benito 29 33 135 207 San Luis Obispo 210 267 1,486 1,963 Santa Barbara 260 4 371 2,201 2,836 Santa Cruz 173 1 210 1,358 1,742 TOTAL: 4,483 102 7,341 48,204 60,140 Step 3. SLO Transit's Market Area Firms by NAICS in Procurement Group Total Firms and Certified DBEs Construction Transport Wholesale Services #DBE's NAICs NAICs NAICs NAICs in NAICs Distrist 04 & 05 & Statewide DBE's 155 6 77 824 1062 % DBE's 3.46% 5.88%1.05% 1.71% 1.77% Sources: US Bureau of the Census, County Business Patterns, 2008 CA Dept. of Transportation, UCP Directory of DBEs, 5/1/14 Certified DBE's slotransit.org Part Four: Appendices | Page 155 To obtain the final DBE goal using the chosen method prescribed by 49 CFR 26.45, staff examined the actual rate of DBE participation during the last three years relative to the adopted DBE goals to determine if the FFY15 through FFY17 base goal should to be adjusted. Although SLO TRANSIT didn’t need to set a DBE goal due to the fact that the only projects was direct labor cost, fuel and vehicle cost that was purchase with FTA funding, SLO TRANSIT attempted to achieve 2% DBE goal and was not successful in achieving this goal. SLO TRANSIT had no large construction contracts available to bid during the analysis period. In previous years, SLO TRANSIT adopted annual goals of 2% DBE participation. SLO TRANSIT’s FY14-15 capital budget has no significant contract opportunities as it relates to large construction projects, which would warrant an upward adjustment to the FFY15 through FFY17 goal. SLO TRANSIT’s capital contracting funds have been on a consistent decline since 2008. And with the calculated rate falling well below the goals of the last three years, staff decided that the calculated goal needed to be adjusted down to 1.7%. SLO TRANSIT has only one major contract for the operations & maintenance associated with providing the service. This contract is due to expire on June 30th, 2016. As in the past, SLO TRANSIT will be sure to include in the RFP and contract language that if awarded to a non-DBE vendor, such primary vendor must also adopt the same DBE goal and or demonstrate a good faith effort in achieving it. If approved by the City Council, SLO TRANSIT will establish a DBE Goal of 1.7% for FFY15 through FFY17. SLO TRANSIT’s proposed DBE Goal for FFY15 through FFY17 and supporting documents for SLO TRANSIT’s DBE Program are available for public inspection through August 6, 2015 at SLO TRANSIT’s Administrative Offices, 919 Palm St. and on our website at www.slotransit.org. Construction Transport Wholesale Services Total % DBE's in Market Area 3.45% 5.88%1.05% 1.71% 1.77% % Contract $ in Group 0.0% 0.0%0.0% 100.0%100% Weighted %DBE(% Contracts*%DBE)0.00% 0.00%0.00% 1.71% 1.71% $ FTA Assistance -$ -$ -$ 1,388,880$ 1,856,244$ $ FTA in DBE Contracts %DBE * Total $ FTA Assistance - - - 23,741.54 23,742 Step 4: SLO Transit's FFY15-FFY 17 DBE Goal for FTA Assisted Contracts slotransit.org Part Four: Appendices | Page 156 Appendix I: Reporting Requirements Contractor shall submit operating data and related information to the specification and satisfaction of City. As City’s needs for data change from time to time, Contractor shall assist City in implementing revised data collection procedures and methods. Contractor shall be responsible for accurately completing then forms developed by Contractor and approved by City at the time interval indicated. One original copy of each form shall be provided to City. Contractor shall duplicate forms as necessary for completion and submittal to City. Weekly reports shall be delivered to City no later than 3:00 p.m. on the second working day following the end of the operating week. Typically, this will be Tuesday. Monthly reports, including Contractor’s invoice, shall be submitted to City no later than the tenth (10th) day of the calendar month following the month of service provided. All reports shall be regarded as supportive documentation of Contractor’s invoice for payment and shall be submitted on a timely basis. 1. Daily Report The Transit Manager shall be immediately notified of any incident and accident. A written report shall be submitted to the Transit Manager within three (3) hours of the accident. Written Accident Report to include Police Report number, driver report, photos and video within 2 days of occurrence of the accident or incident. Unusual occurrence report. Serious unusual occurrences shall be reported immediately Video and driver reports pertaining to any complaint, incident or accident. 2. Weekly Reports The following reports shall be submitted to City on a weekly basis: Dispatch log (original) Fixed Route Passenger Summary Report Beginning of Month Fixed Route schedule adherence reports (time checks) NTD surveys, which consists of: the recording and summation of passenger activity; beginning and ending farebox revenue, calculation of passenger miles and total farebox revenue collected Incident report per NTD Wheelchair Usage Report Bicycle Usage Report Written response to service complaints (upon occurrence) Passenger comments and complaints log 3. Monthly Reports and Invoice The following reports shall be submitted to City on a monthly basis: Schedule adherence reports will include a separate summary of on-time performance for revenue services. Invoice for services provided General Manager’s report, outlining activities for the month including any unusual events, incidents, suggestions, etc. slotransit.org Part Four: Appendices | Page 157 Fluids and fuel consumption report by vehicle Hours and mileage report by vehicle, including revenue hours/miles, non-revenue hours/miles, total vehicle service hours/miles, training hour/miles, yard hours/miles, and maintenance hours/miles. Mechanical defects during revenue and non-revenue service Body damage by vehicle Fixed Route revenue bank deposit slip Preventative maintenance report by vehicle Facility cleanliness report 4. Schedule Change and Runcut Reports The following reports shall be submitted to City five working days after a minor or major schedule change: Two complete copies of the drivers’ paddles, and runcuts Summary, format to be approved by City, which will include daily revenue hours and miles, non- revenue hours and miles, total hours and miles, and recover time by run by route, by service period (AM peak, midday, PM peak, and evening) and by day type (weekday, Saturday, Sunday, holiday, etc.). Attachment A AMENDMENT TO AGREEMENT NO. 2 THIS AMENDMENT TO AGREEMENT No. 2 is made and entered in on January 8, 2019, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and FIRST TRANSIT INC., a Delaware corporation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on June 16, 2015, the City entered into an Agreement with Contractor for Transit Operations & Maintenance services; and WHEREAS, on April 5, 2018, the parties made and entered into Amendment to Agreement No.1; and WHEREAS, the City desires to amend the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location System; and WHEREAS, the Contractor has submitted a proposal for this purpose that is acceptable to the City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. Contractor shall be responsible for providing an Automatic Vehicle Locator System (AVL System ). Contractor s scope of services and related compensation is hereby amended to include the equipment, software and services as set forth in Exhibit A attached hereto. Contractor agrees to maintain the AVL System in good working order at all times. Upon termination of the 2015 Agreement for Transit Operations and Maintenance services, the AVL System, and any service agreements or licenses or software, shall automatically become the sole property of the City. Contractor shall execute and agreements and otherwise cooperate to transfer title to the AVLS System and any supporting software, service agreement or licenses to City. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO: CONTRACTOR: By: __________________________________ By: ____________________________________ City Manager, Derek Johnson Senior Vice President, Fadi Chakbazof City of San Luis Obispo First Transit Inc. APPROVED AS TO FORM: By: _____________________________________ City Attorney, Christine Dietrick City of San Luis Obispo AMENDMENT TO AGREEMENT NO. 3 THIS AMENDMENT TO AGREEMENT is made this _______ day of ________, 2020, by and between the CITY OF SAN LUIS OBISPO a municipal corporation and charter city, hereinafter referred to FIRST TRANSIT INC. WITNESSETH: WHEREAS, on June 16, 2015, the City entered into an Agreement with Contractor for Transit Operations & Maintenance (Agreement); and, WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement No. 1, amending the scope of services to reflect changes in Revenue Service Hours as a result of the implementation of Short-Range Transit Plan; and WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement No. 2, amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location System; and a one- WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for the one-year contract extension; WHEREAS, the Contractor has submitted a proposal for this purpose and said proposal is acceptable to the City. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM OF AGREEMENT Subject to the terms and conditions of this Amendment to Agreement, the term of this Amendment to Agreement shall be from July 1, 2020 through and including June 30, 2021. 2. MAXIMUM OBLIGATION City agrees to pay Contractor in consideration for its services as described herein. The maximum cost to be paid by City to Contractor shall not exceed $2,820,950 3. PRICE FORMULA City agrees to pay Contractor for performance of the services set forth in this agreement as follows: a. Payment of a fixed hourly rate per vehicle service hour of $35.69 in Year One; A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service hours specified Transit Center (located at 990 Palm Street) to provide the services required herein and shall not include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service AMENDMENT TO AGREEMENT NO. 4 THIS AMENDMENT TO AGREEMENT is made on _____________________________, by and between the CITY OF SAN LUIS OBISPO a municipal corporation and charter city, hereinafter referred to as and FIRST TRANSIT INC., hereinafter referred to as WITNESSETH: WHEREAS, on June 16, 2015, the City entered into an Agreement with Contractor for Transit Operations & Maintenance (Agreement); and, WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement No. 1, amending the scope of services to reflect changes in Revenue Service Hours as a result of the implementation of Short-Range Transit Plan; and WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement No. 2, amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location System; and WHEREAS, on March 3, 2020, the City and Contractor entered into an Amendment to Agreement No. 3, to exercise the first of three possible extensions provisioned within the original contract at a negotiated price; and WHEREAS, the term is set to expire on June 30, 2021 and the City desires to exercise a second one-year contract extension option as indicated in the and WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for the one-year contract extension; and WHEREAS, the Contractor has submitted a proposal for this purpose and said proposal is acceptable to the City. Attached hereto as attachment A is a copy of the Proposal. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM OF AGREEMENT Term. Subject to the terms and conditions of this agreement, the term of this agreement shall be from July 1, 2021 through and including June 30, 2022. 2. MAXIMUM OBLIGATION City agrees to pay Contractor in consideration for its services as described herein. The maximum cost to be paid by City to Contractor shall not exceed $2,883,946 based on services in A. 3. PRICE FORMULA City agrees to pay Contractor for performance of the services set forth in this agreement as follows: a. Payment of a fixed hourly rate per vehicle service hour of $38.92 in Year One; A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service hours specified herein. A vehicle service hour shall be deemed to have commenced when a vehicle leaves Transit Center (located at 990 Palm Street) to provide the services required herein and shall not include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service hour shall terminate when a vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of the vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor and all consumable material costs that can be tracked by vehicle service hour such as vehicle maintenance parts and supplies including oil. b. Payment of a fixed monthly rate of $100,201.89 in Year One; to compensate CONTRACTOR for all work to be performed under this agreement as defined in Exhibit A, except that which is included under Paragraph 5(a) and Paragraph 7 of this agreement including, but not limited to: vehicle operator non-service wages; management, controller and maintenance employee wages and said employees fringe benefits and indirect labor costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies; project telephones; all other related operational costs; and the contract management fee. c. Payment of a fixed monthly rate of $11,888.16 in Year One; for the cost incurred in providing all vehicle and general liability insurance required under this agreement as such insurance is defined in this agreement. This amount shall be in excess of the fixed monthly rate as defined herein. CITY reserves the right, however, to alternatively secure all or part of the specified insurance coverage 4. EXTRA SERVICES Special promotional and community services shall be considered extra services and will be provided only with the authorization of City and the mutual consent of the Contractor. Such services shall be defined as those non-permanent service hours operated outside of the services identified in Exhibit A. Extra services shall be considered a change to this agreement as defined herein and shall be in excess of the maximum price defined in Paragraph 4. The costs for extra services will be determined at a rate per vehicle service hours of $38.92 in Year Four and billed separately from the services specified in the Exhibit A. 5. All other terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. ATTEST: CITY OF SAN LUIS OBISPO By: Teresa Purrington, City Clerk Mayor Heidi Harmon APPROVED AS TO FORM: CONTRACTOR: FIRST TRANSIT INC. By: ___ J. Christine Dietrick, City Attorney Fadi Chakbazof, Senior Vice President Action Update CITY OF SAN LUIS OBISPO CITY COUNCIL Tuesday, May 4, 2021 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council / Disaster Council was called to order on Tuesday, May 4, 2021 at 6:00 p.m. via teleconference by Mayor Harmon. Council Member Marx absent. PRESENTATIONS 1. CITY MANAGER REPORT City Manager Johnson provided an update on current projects and COVID-19. 2. PRESENTATION ON THE "BIKE THERE!" EVENT ON MAY 20, 2021 Catalina Hubbard, SLOCOG provided a presentation on the “Bike There!” event on Thursday, May 20, 2021. 3. FAIR TRADE MONTH PROCLAMATION Mayor Harmon presented Proclamation proclaiming the month of May as “Fair Trade Month.” 4. PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION Mayor Harmon presented a proclamation proclaiming the week of May 16-22, 2021 as “Public Works & Utilities Week.” 5. RECOGNITION EVENT: MAYOR'S AWARD FOR COMMUNITY SERVICE Mayor Harmon recognized students from Laguna Middle School with an award for community service. 6. INTRODUCTION OF KELSEY NOCKET, HOMELESS RESPONSE MANAGER Community Development Manager Michael Codron introduced Kelsey Nocket, Homeless Response Manager. Action Update – City of San Luis Obispo City Council Meeting of May 4, 2021 Page 2 CONSENT 7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0 (With Council Member Marx Absent),to waive reading of all resolutions and ordinances as appropriate. 8. MINUTES REVIEW - APRIL 13, 2021 AND APRIL 20, 2021 COUNCIL MINUTES CARRIED 4-0 (With Council Member Marx Absent),to approve the minutes of the City Council meetings held on April 13, 2021 and April 20, 2021. 9. AUTHORIZE AMENDMENT NUMBER 4 TO THE TRANSIT OPERATIONS & MAINTENANCE CONTRACT WITH FIRST TRANSIT INC. CARRIED 4-0 (With Council Member Marx Absent),to authorize the Mayor to execute Amendment Number Four to the Transit Operations & Maintenance Agreement with First Transit Inc. to extend the term until June 30, 2022 at the agreed upon and negotiated rate to not exceed $2,883,946. 10. AUTHORIZE A CONTRACT WITH HDL COMPANIES FOR CANNABIS PROGRAM SERVICES CARRIED 4-0 (With Council Member Marx Absent),to authorize the City Manager, or their designee, to execute a contract with HdL Companies to provide support services for the operations of the City’s Cannabis Business Program. 11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR A CONSULTANT TO SERVE AS THE CITY’S BELOW MARKET RATE HOUSING PROGRAM ADMINISTRATOR CARRIED 4-0 (With Council Member Marx Absent),to: 1. Authorize the issuance of a Request for Proposals (RFP) for a Below Market Rate (BMR) Program Administrator; and 2. Authorize the City Manager to enter into a consultant services agreement if proposals are received within the available budget of $117,000 annually for the project. 12. AUTHORIZATION TO ADVERTISE 2021 DOWNTOWN PAVEMENT IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000167 CARRIED 4-0 (With Council Member Marx Absent),to: 1. Approve the project plans and specifications for the 2021 Downtown Pavement Improvements Project, Specification No. 1000167; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract including the Base Bid and any Additive Alternates if the lowest responsible bid is within the Publicly Disclosed Funding Amount of $3,400,000 and the funding amount is consistent with the adopted Action Update – City of San Luis Obispo City Council Meeting of May 4, 2021 Page 3 2021-22 budget appropriation for this project; and 4. Authorize the City Engineer to approve Contract Change Orders up to available project budget of $4,233,095 13. AUTHORIZATION TO ADVERTISE SINSHEIMER IRRIGATION AND DRAINAGE, SPECIFICATION NO. 91658 CARRIED 4-0 (With Council Member Marx Absent),to: 1. Authorize staff to advertise for bids and approve the project plans and special provisions for the Sinsheimer Irrigation and Drainage, Specification Number 91658; and 2. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $500,000 and the funding amount is consistent with the adopted 2021-23 budget appropriation for this project. 14. AUTHORIZATION TO RECLASSIFY SIX SUPPLEMENTAL YOUTH SERVICES SITE SPECIALISTS TO SIX FULL-TIME EQUIVALENTS CARRIED 4-0 (With Council Member Marx Absent),to adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the reclassification of six supplemental Youth Services Site Specialists to six full-time equivalents.” 15. FISCAL YEAR 2021-22 CENTRAL SERVICE COST ALLOCATION PLAN, COST OF SERVICES FEE CALCULATION, AND LABOR RATES CARRIED 4-0 (With Council Member Marx Absent),to approve the 2021-22 Central Service Cost Allocation Plan including the Cost of Services Allocation and Labor Rates. 16. SECOND READING AND ADOPTION OF ORDINANCE 1695 (2021 SERIES) ADDING CHAPTER 8.10 (SHOPPING CARTS, AND ORDINANCE 1696 (2021 SERIES) AMENDING CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS) CARRIED 4-0 (With Council Member Marx Absent),to continue Item to a date uncertain. 17. SECOND READING OF ORDINANCE NO. 1697 (2021 SERIES) APPROVING THE LEVY OF THE SPECIAL TAX FOR THE SAN LUIS RANCH COMMUNITY FACILITIES DISTRICT CARRIED 4-0 (With Council Member Marx Absent),to adopt Ordinance No. 1697 (2021 Series) entitled, “An Uncodified Ordinance of The City of San Luis Obispo, California, levying a Special Tax for the fiscal year 2021-2022 and following fiscal years solely within and relating to the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch).” Action Update – City of San Luis Obispo City Council Meeting of May 4, 2021 Page 4 18. POLICE DEPARTMENT 2019/2020 CRIME COMPARISON AND UPDATE CARRIED 4-0 (With Council Member Marx Absent),to receive and file the 2020 Police Department Crime Report. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 19. STUDY SESSION ON THE PUBLIC DRAFT PARKS + RECREATION BLUEPRINT FOR THE FUTURE: 2021-2041 (PARKS AND RECREATION PLAN AND GENERAL PLAN ELEMENT UPDATE) By consensus the Council provided the following comments: Further assess if use of resident or daytime population is appropriate for parkland aspirations (10 acres per 1,000 people) and/or current and future amenity needs. Make sure there are clear distinctions about Open Space and open public spaces/places and urban trails. Remove reference to a second golf course as a future amenity opportunity. Consider dividing the Meadow/Sinsheimer sub-area into two sub areas. Look for "quick build" projects as it relates to what we already have, such as a dirt pump track, dog parks, shade/cooling, lighting, gardens, and community events. Update opportunities for Cheng Park improvements. Clarify if multi-generational center would also be a multi-cultural center. Clearly explain and clarify community engagement results summarized in the document. Consider park ambassadors to support diversity, equity, and inclusion. Conduct additional focused outreach related to diversity, equity, and inclusion. ADJOURNMENT The meeting was adjourned at 10:14 p.m. AMENDMENT TO AGREEMENT NO. 6 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on June 28, 2024, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as CITY, and First Transit, Inc., hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, on June 16, 2016, the City entered in an Agreement with Contractor for Transit Operations and Maintenance ); and WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement No. 1 amending the scope of services to reflect changes in the Revenue Services Hours resulting from the implementation of the 2016 Short Range Transit Plan; and WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement No. 2 amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location System; and WHEREAS, On March 3, 2020, the City and Contractor entered into an Amendment to Agreement No. 3 to exercise the first of three possible extensions provisioned within the original contract at a negotiated price; and WHEREAS, On May 12, 2021, the City and Contractor entered into an Amendment to Agreement No. 4 to exercise the second of three possible extensions provisioned within the original contract at a negotiated price; and WHEREAS, On May 9, 2022, the City and Contractor entered into an Amendment to Agreement No. 5 to exercise the third of three possible extensions provisioned within the original contract at a negotiated price and to amend the term of the agreement to expire on June 30, 2024, pursuant to Paragraph 24 of the Agreement which allows for modifications to the Agreement signed by both parties; and WHEREAS, the City-operated transit services have been significantly impacted by the COVID-19 pandemic; in particular, the recruitment and retention of qualified transit workers resulting in the City operating a reduced schedule for all fixed-route and tripper services since 2022; and WHEREAS, other transit and bus operators in the county offer hiring incentives to attract and retain qualified workers which limits the competitiveness of wages for workers employed by the Contractor; and WHEREAS, on September 19, 2023, the City Council of the City of San Luis Obispo authorized the sole source procurement for transit operations and maintenance services and authorized the City Manager to negotiate and execute an amendment to existing agreement with Contractor to include hiring incentives and to extend the term of the agreement; and WHEREAS, both parties desire to extend the term of the Agreement to June 30, 2025 with an option to extend an additional one-year pursuant to Paragraph 24 of the Agreement to provide sufficient time for the City to finalize the 2025 Short Range Transit Plan which will inform the scope of services included in the request for proposals and to allow sufficient time to solicit proposals during the extended term of this Agreement so as not to cause disruption to essential services for the welfare of the community; and WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for any extension period, and the Contractor submitted a price formula proposal which was reviewed and Cost Form; and WHEREAS, both parties also desire to amend the Agreement to include hiring incentives to attract and retain qualified workers needed to restore services to pre-pandemic levels and to expand services ; and WHEREAS, the City and Contractor also negotiated fringe costs paid by the City to Contractor for administering, tracking, reporting, and reimbursement of the hiring incentives. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM OF THE AGREEMENT Term. Subject to the terms and conditions of this Agreement, the term of this Agreement shall be from July 1, 2024 through and including June 30, 2025 with one (1) one-year contract extension option as indicated in Option Terms Section. Option Terms. CITY, at its sole discretion, may extend this agreement for up to one option term of one year for a maximum contract term, including the initial term, of two years (through June 30, 2026). If CITY decides to consider exercising option term years, the price formulas for the extension year shall not exceed the quoted amounts as detailed in Exhibit A. 2. MAXIMUM OBLIGATION CITY agrees to pay CONTRACTOR in consideration for its services as described herein. The maximum cost to be paid by CITY to CONTRACTOR for FY 2024-25 shall not exceed $3,686,512.62 and for FY 2025-26 shall not exceed $3,856,772.70 based on services detailed in Exhibit A. 3. PRICE FORMULA CITY agrees to pay CONTRACTOR for performance of the services set forth in this Agreement as follows: a. Payment of a fixed hourly rate per vehicle service hour of $50.22 in FY 2024-25 and $52.72 in FY 2025-26. A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service hours specified herein. A vehicle Transit Center (located at 990 Palm Street) to provide the services required herein and shall not include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service hour shall terminate when a vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of the vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor and all consumable material costs that can be tracked by vehicle service hour such as vehicle maintenance parts and supplies including oil. b. Payment of a fixed monthly rate of $131,747.44 in FY 2024-25 and $137,377.28 in FY 2025-26; to compensate CONTRACTOR for all work to be performed under this agreement as defined in Exhibit A, except that which is included under Paragraph 5(a) and Paragraph 7 of this agreement including, but not limited to: vehicle operator non-service wages; management, controller and maintenance employee wages and said employees fringe benefits and indirect labor costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies; project telephones; all other related operational costs; and the contract management fee. c. Payment of a fixed monthly rate of $17,687.63 in FY 2024-25; and $18,378.52 in in FY 2025-26 for the cost incurred in providing all vehicle and general liability insurance required under this agreement as such insurance is defined in this agreement. This amount shall be in excess of the fixed monthly rate as defined herein. CITY reserves the right, however, to alternatively secure all or part of the specified insurance coverage. Nothing in this Paragraph 3 shall obligate the City to pay Contractor any amounts which exceed the maximum obligations set forth in Paragraph 2. 4. HIRING INCENTIVES CITY agrees to pay CONTRACTOR for administration of hiring incentives of this agreement as follows: a. Payment of one-time retroactive retention bonus for full-time employees and for part-time employees in FY 2023-24 to each eligible employee, as described in Section 4.g, hired by CONTRACTOR who have a minimum of one year of continuous employment based on their respective hire date going back to July 1, 2022. b. Payment of retroactive temporary continued employment incentive hourly bonus for full-time employees and for part-time employees in FY 2023-24 to each eligible employee, as described in Section 4.g, hired by CONTRACTOR going back to January 1, 2024. c. bonuses, as described in Section 4.a and Section 4.b, shall not exceed $233,140. Contractor may apply a fringe cost of no more than 20% for payroll taxes for administration of retroactive retention bonus payments and no more than 20% for payroll taxes, 10% for overtime hours worked, and 2% in administrative costs, 32% cumulatively, for administration of retroactive temporary continued employment incentive hourly bonus payments. d. Payment of one-time retention bonus for full-time employees and part-time employees in FY 2024-25 and in FY 2025-26 or until funds are exhausted to each eligible employee, as described in Section 4.d, hired by CONTRACTOR who have a minimum of one year of continuous employment based on their respective hire date. e. Payment of temporary continued employment incentive hourly rate in FY 2024- 25 and in FY 2025-26 or until funds are exhausted to each eligible employee, as described in Section 4.g, hired by CONTRACTOR. The hourly rate applies to all hours worked including revenue hours, deadhead hours, extra board hours, paid breaks and lunches, and overtime hours. f. Section 4.e, shall not exceed $408,780 in each fiscal year FY 2024-25 and FY 2025- 26. Contractor may apply a fringe cost of no more than 20% for payroll taxes for administration of one-time retention bonus payments and no more than 20% for payroll taxes, 10% for overtime hours worked, and 2% in administrative costs, 32% cumulatively, for administration of temporary continued employment incentive hourly bonus payments. g. Eligible employees include the following positions: bus driver, road supervisor, dispatcher, operations supervisor, office clerk, maintenance technician, maintenance technician in training, and bus washer that are in Good Standing with CONTRACTOR. Good Standing means an employee that has no unexcused absences, no preventable accidents, no valid complaints, adherence to schedule, and attend mandatory CONTRACTOR meetings. h. The amounts described in this section are in excess of any and all hourly rates and/or one-time bonus(es) negotiated and agreed upon in a Collective Bargaining Agreement between the CONTRACTOR and any union and are paid directly by CITY to CONTRACTOR for use as set forth in Exhibit B. Nothing in this Paragraph 4 shall obligate the City to pay Contractor any amounts which exceed the maximum obligations set forth in Paragraph 2. 5. EXTRA SERVICES Special promotional and community services shall be considered extra services and will be provided only with the authorization of City and the mutual consent of the Contractor. Such services shall be defined as those non-permanent service hours operated outside of the services identified in Exhibit A. Extra services shall be considered a change to this Agreement as defined in Paragraph 6 below and shall be in excess of the maximum obligation defined in Paragraph 2. The costs for extra services will be determined at a rate per vehicle service hours in the respective year in accordance with Paragraph 3a and billed separately from the 6. CHANGES City, without invalidating this Agreement, may make additions to or deletions from the work to the performed. Such changes shall be specified to Contractor in writing. If be mutually agreeable to both City and Contractor. A shift of vehicle service hours between services with the maximum value or an increase or decrease of up to 30% change (up or down) within the current span of service would not constitute a change as defined in this Agreement, but any such shift or change shall only occur at the direction of City. 7. All other terms and conditions of the Agreement, Amendment to Agreement No. 1, Amendment to Agreement No. 2, Amendment to Agreement No. 3, Amendment to Agreement No. 4, and Amendment to Agreement No. 5 not expressly modified above by this Amendment to Agreement No. 6 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO ___________________________________ Interim City Manager Whitney McDonald CONTRACTOR _____________________________________ First Transit, Inc. Regional Vice President Mark Elias _____________________________________ First Transit, Inc. Vice President of Finance Maureen Jacobson Budget Elements Option FY25 Option FY26 Office Expenses: Site Manager Wages 102,253.73$ 105,314.83$ Site Manager Benefits 33,540.55$ 35,035.55$ Operations Supervisor Wages 304,876.81$ 313,108.48$ Operations Supervisor Benefits 59,038.38$ 61,923.69$ Road Supervisor Wages 122,253.79$ 125,989.25$ Road Supervisor Benefits 62,291.82$ 66,343.31$ Non-Revenue Vehicles 4,889.57$ 5,069.17$ Insurance: Materials and Supplies 4,601.40$ 4,781.38$ Telecommunications 10,627.97$ 10,893.67$ Other (Vehicle Liability Ins):180,877.13$ 188,130.50$ 31,374.39$ 32,411.78$ 63,837.04$ 66,432.97$ 8,051.13$ 8,252.41$ Subtotal 988,513.71$ 1,023,686.99$ Operating Expenses: Trainer Wages 68,973.56$ 71,042.77$ Trainer Benefits 15,948.82$ 16,828.03$ Driver Wages 1,277,344.82$ 1,353,927.33$ Driver Benefits 459,446.98$ 472,435.55$ Physical/Drug Tests 6,558.19$ 6,769.17$ Materials & Supplies -$ -$ Uniforms 25,764.61$ 26,408.72$ Other (Identify):-$ -$ 39,254.79$ 40,291.50$ Subtotal 1,893,291.77$ 1,987,703.07$ Maintenance Expenses: Maintenance Manager Wages 82,370.35$ 84,841.46$ Maintenance Manager Benefits 7,812.73$ 8,046.65$ Mechanic Wages 206,588.29$ 212,166.17$ Mechanic Benefits 47,218.65$ 49,422.61$ Other Maintenance Labor 26,726.29$ 27,447.90$ Other Maintenance Benefits 6,007.32$ 6,212.30$ Maintenance parts & Supplies 187,484.24$ 206,382.86$ Cleaning Supplies 11,530.21$ 11,788.26$ Lubricants & Fluids 8,113.82$ 8,580.46$ Materials & Supplies -$ -$ Other (Identify):-$ -$ 4,655.56$ 4,766.91$ Subtotal 588,507.46$ 619,655.58$ SLO TRANSIT PROPOSAL COST FORM General Liability Insurance Facility Utilities & Expenses Office Supplies Safety/Recruiting Environmental Charges EXHIBIT A Option FY25 Option FY26 Other Expenses: Start Up Costs -$ -$ Performance Bond -$ -$ Corporate Overhead & Support 147,755.38$ 154,577.18$ Management Fee 36,938.85$ 38,644.30$ Other (Identify)-$ -$ 30,294.57$ 31,264.43$ 1,210.88$ 1,241.15$ Subtotal 216,199.68$ 225,727.06$ 3,686,512.62$ 3,856,772.70$ Operating & Maintenance Expense 2,481,799.23$ 2,607,358.65$ Revenue Vehicle Insurance Expense 988,513.71$ 1,023,686.99$ Monthly Fee (Fixed Costs)131,747.44$ 137,377.28$ Vehicles Service Hour Rate (Variable Costs)50.22$ 52.72$ Insurance Rate Per Month 17,687.63$ 18,378.52$ Option FY25 Option FY26 Office Expenses Subtotal 689,145$ 712,784$ Insurance / Other Subtotal (Less Auto Liability)87,118$ 90,360$ Maintenance Expense Subtotal 588,507$ 619,656$ Other Expenses Subtotal 216,200$ 225,727$ 1,580,969$ 1,648,527$ 12 12 131,747.44$ 137,377.28$ Option FY25 Option FY26 Operating Expenses Subtotal 1,893,292$ 1,987,703$ 1,893,292$ 1,987,703$ 37,703 37,703 50.22$ 52.72$ Option FY25 Option FY26 Vehicle & General Liability Insurance Subtotal 212,252$ 220,542$ 212,252$ 220,542$ 12 12 17,687.63$ 18,378.52$ Option FY25 Option FY26 Total Annual Fixed Costs 1,580,969$ 1,648,527$ Total Annual Variable Hours Costs 1,893,292$ 1,987,703$ Total Annual Variable Ins Costs 212,252$ 220,542$ 3,686,513$ 3,856,773$ 97.78$ 102.29$ 1 This fully loaded per Service Hour rate is for comparison only and not a billing unit. Total Annual Costs ÷ Service Hours 1 VARIABLE COSTS - VEH & GEN INS TOTAL VARIABLE COSTS VEH INS # of Months Insurance Rate Per Month SUMMARY OF TOTALS Total Annual Fixed and Variable Cost Per Vehicle Service Hour Explanation of Cost Elements from SLO Transit Cost Proposal Form FIXED COSTS TOTAL FIXED COSTS # of Months Cost Per Month VARIABLE COSTS - HOURS TOTAL VARIABLE COSTS HOURS Vehicle Service Hours Payroll/IT Services Travel GRAND TOTAL AMENDMENT TO AGREEMENT NO. 7 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on __________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as CITY, and , hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, on June 16, 2016, the City entered in an Agreement with Contractor for Transit Operations and Maintenance ); and WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement No. 1 amending the scope of services to reflect changes in the Revenue Services Hours resulting from the implementation of the 2016 Short Range Transit Plan; and WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement No. 2 amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location System; and WHEREAS, On March 3, 2020, the City and Contractor entered into an Amendment to Agreement No. 3 to exercise the first of three possible extensions provisioned within the original contract at a negotiated price; and WHEREAS, On May 12, 2021, the City and Contractor entered into an Amendment to Agreement No. 4 to exercise the second of three possible extensions provisioned within the original contract at a negotiated price; and WHEREAS, On May 9, 2022, the City and Contractor entered into an Amendment to Agreement No. 5 to exercise the third of three possible extensions provisioned within the original contract at a negotiated price and to amend the term of the agreement to expire on June 30, 2024, pursuant to Paragraph 24 of the Agreement which allows for modifications to the Agreement signed by both parties; and WHEREAS, the City-operated transit services have been significantly impacted by the COVID-19 pandemic; in particular, the recruitment and retention of qualified transit workers resulting in the City operating a reduced schedule for all fixed-route and tripper services since 2022; and WHEREAS, other transit and bus operators in the county offer hiring incentives to attract and retain qualified workers which limits the competitiveness of wages for workers employed by the Contractor; and WHEREAS, on September 19, 2023, the City Council of the City of San Luis Obispo authorized the sole source procurement for transit operations and maintenance services and authorized the City Manager to negotiate and execute an amendment to existing agreement with Contractor to include hiring incentives and to extend the term of the agreement; and WHEREAS, On June 28, 2024, the City and Contractor entered into an Amendment to Agreement No. 6 to extend the term of the Agreement to June 30, 2025 with an option to extend an additional one- year pursuant to Paragraph 24 of the Agreement to provide sufficient time for the City to finalize the 2025 Short Range Transit Plan and to allow sufficient time to solicit proposals during the extended term of this Agreement so as not to cause disruption to essential services for the welfare of the community; and WHEREAS, the Short-Range Transit Plan was adopted by the City Council on April 15, 2025, and City staff are now preparing a request for proposals for a new transit operations and maintenance WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for any extension period, and the Contractor submitted a price formula proposal which was reviewed and accepted by the City and attached hereto and incorporated herein as Exhibit Proposal Cost Form ; and WHEREAS, both parties also desire to amend the Agreement to include hiring incentives to attract and retain qualified workers needed to restore services to pre-pandemic levels and to expand ; and WHEREAS, the City and Contractor also negotiated fringe costs paid by the City to Contractor for administering, tracking, reporting, and reimbursement of the hiring incentives. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM OF THE AGREEMENT Term. Subject to the terms and conditions of this Agreement, the term of this Agreement shall be from July 1, 2025 through and including June 30, 2026 . 2. MAXIMUM OBLIGATION CITY agrees to pay CONTRACTOR in consideration for its services as described herein. The maximum cost to be paid by CITY to CONTRACTOR for FY 2025-26 shall not exceed $3,856,772.70 based on services detailed in Exhibit A. 3. PRICE FORMULA CITY agrees to pay CONTRACTOR for performance of the services set forth in this Agreement as follows: a. Payment of a fixed hourly rate per vehicle service hour of $52.72 in FY 2025-26. A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service hours specified herein. A vehicle service hour shall be at 990 Palm Street) to provide the services required herein and shall not include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service hour shall terminate when a vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of the vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor and all consumable material costs that can be tracked by vehicle service hour such as vehicle maintenance parts and supplies including oil. b. Payment of a fixed monthly rate of $137,377.28 in FY 2025-26; to compensate CONTRACTOR for all work to be performed under this agreement as defined in Exhibit A, except that which is included under Paragraph 5 and Paragraph 7 of this Amendment, including, but not limited to: vehicle operator non-service wages; management, controller and maintenance employee wages and said employees fringe benefits and indirect labor costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies; project telephones; all other related operational costs; and the contract management fee. c. Payment of a fixed monthly rate of $18,378.52 in in FY 2025-26 for the cost incurred in providing all vehicle and general liability insurance required under this agreement as such insurance is defined in this agreement. This amount shall be in excess of the fixed monthly rate as defined herein. CITY reserves the right, however, to alternatively secure all or part of the specified insurance coverage. Nothing in this Paragraph 3 shall obligate the City to pay Contractor any amounts which exceed the maximum obligations set forth in Paragraph 2. 4. HIRING INCENTIVES CITY agrees to pay CONTRACTOR for administration of hiring incentives of this agreement as follows: a. Payment of one-time retention bonus for full-time employees and part-time employees in FY 2025-26 or until funds are exhausted to each eligible employee, as described in Section 4.d, hired by CONTRACTOR who have a minimum of one year of continuous employment based on their respective hire date. b. Payment of temporary continued employment incentive hourly rate in FY 2025- 26 or until funds are exhausted to each eligible employee, as described in Section 4.d, hired by CONTRACTOR. The hourly rate applies to all hours worked including revenue hours, deadhead hours, extra board hours, paid breaks and lunches, and overtime hours. c.a and Section 4.b, shall not exceed $408,780 in FY 2025-26. Contractor may apply a fringe cost of no more than 20% for payroll taxes for administration of one-time retention bonus payments and no more than 20% for payroll taxes, 10% for overtime hours worked, and 2% in administrative costs, 32% cumulatively, for administration of temporary continued employment incentive hourly bonus payments. d. Eligible employees include the following positions: bus driver, road supervisor, dispatcher, operations supervisor, office clerk, maintenance technician, maintenance technician in training, and bus washer that are in Good Standing with CONTRACTOR. Good Standing means an employee that has no unexcused absences, no preventable accidents, no valid complaints made against them, adherence to schedule, and attend mandatory CONTRACTOR meetings. e. The amounts described in this section are in excess of any and all hourly rates and/or one-time bonus(es) negotiated and agreed upon in a Collective Bargaining Agreement between the CONTRACTOR and any union and are paid directly by CITY to CONTRACTOR for use. Nothing in this Paragraph 4 shall obligate the City to pay Contractor any amounts which exceed the maximum obligations set forth in Paragraph 2. Nothing in this Paragraph 4 shall be construed to create an employment relationship between the City and CONTRACTOR employees. 5. EXTRA SERVICES Special promotional and community services shall be considered extra services and will be provided only with the authorization of City and the mutual consent of the Contractor. Such services shall be defined as those non-permanent service hours operated outside of the services identified in Exhibit A. Extra services shall be considered a change to this Agreement as defined in Paragraph 6 below and shall be in excess of the maximum obligation defined in Paragraph 2. The costs for extra services will be determined at a rate per vehicle service hours in the respective year in accordance with Paragraph 3a and billed separately from the services specified in the 6. CHANGES City, without invalidating this Agreement, may make additions to or deletions from the work to the performed. Such changes shall be specified to Contractor in writing. If be mutually agreeable to both City and Contractor. A shift of vehicle service hours between services with the maximum value or an increase or decrease of up to 30% change (up or down) within the current span of service would not constitute a change as defined in this Agreement, but any such shift or change shall only occur at the direction of City. 7. All other terms and conditions of the Agreement, Amendment to Agreement No. 1, Amendment to Agreement No. 2, Amendment to Agreement No. 3, Amendment to Agreement No. 4, Amendment to Agreement No. 5, and Amendment to Agreement No. 6 not expressly modified above by this Amendment to Agreement No. 7 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO ___________________________________ City Manager Whitney McDonald CONTRACTOR _____________________________________ Regional Vice President _____________________________________ Vice President of Finance Maureen Jacobson Budget Elements Option FY26 Office Expenses: Site Manager Wages 105,314.83$ Site Manager Benefits 35,035.55$ Operations Supervisor Wages 313,108.48$ Operations Supervisor Benefits 61,923.69$ Road Supervisor Wages 125,989.25$ Road Supervisor Benefits 66,343.31$ Non-Revenue Vehicles 5,069.17$ Insurance: Materials and Supplies 4,781.38$ Telecommunications 10,893.67$ Other (Vehicle Liability Ins):188,130.50$ 32,411.78$ 66,432.97$ 8,252.41$ Subtotal 1,023,686.99$ Operating Expenses: Trainer Wages 71,042.77$ Trainer Benefits 16,828.03$ Driver Wages 1,353,927.33$ Driver Benefits 472,435.55$ Physical/Drug Tests 6,769.17$ Materials & Supplies -$ Uniforms 26,408.72$ Other (Identify):-$ 40,291.50$ Subtotal 1,987,703.07$ Maintenance Expenses: Maintenance Manager Wages 84,841.46$ Maintenance Manager Benefits 8,046.65$ Mechanic Wages 212,166.17$ Mechanic Benefits 49,422.61$ Other Maintenance Labor 27,447.90$ Other Maintenance Benefits 6,212.30$ Maintenance parts & Supplies 206,382.86$ Cleaning Supplies 11,788.26$ Lubricants & Fluids 8,580.46$ Materials & Supplies -$ Other (Identify):-$ 4,766.91$ Subtotal 619,655.60$ SLO TRANSIT PROPOSAL COST FORM General Liability Insurance Facility Utilities & Expenses Office Supplies Safety/Recruiting Environmental Charges EXHIBIT A Option FY26 Other Expenses: Start Up Costs -$ Performance Bond -$ Corporate Overhead & Support 154,577.18$ Management Fee 38,644.30$ Other (Identify)-$ 31,264.43$ 1,241.15$ Subtotal 225,727.06$ 3,856,772.71$ Operating & Maintenance Expense 2,607,358.67$ Revenue Vehicle Insurance Expense 1,023,686.99$ Monthly Fee (Fixed Costs)137,377.28$ Vehicles Service Hour Rate (Variable Costs)52.72$ Insurance Rate Per Month 18,378.52$ Option FY26 Office Expenses Subtotal 712,784$ Insurance / Other Subtotal (Less Auto Liability)90,360$ Maintenance Expense Subtotal 619,656$ Other Expenses Subtotal 225,727$ 1,648,527$ 12 137,377.28$ Option FY26 Operating Expenses Subtotal 1,987,703$ 1,987,703$ 37,703 52.72$ Option FY26 Vehicle & General Liability Insurance Subtotal 220,542$ 220,542$ 12 18,378.52$ Option FY26 Total Annual Fixed Costs 1,648,527$ Total Annual Variable Hours Costs 1,987,703$ Total Annual Variable Ins Costs 220,542$ 3,856,773$ 102.29$ 1 This fully loaded per Service Hour rate is for comparison only and not a billing unit. Total Annual Costs ÷ Service Hours 1 VARIABLE COSTS - VEH & GEN INS TOTAL VARIABLE COSTS VEH INS # of Months Insurance Rate Per Month SUMMARY OF TOTALS Total Annual Fixed and Variable Cost Per Vehicle Service Hour Explanation of Cost Elements from SLO Transit Cost Proposal Form FIXED COSTS TOTAL FIXED COSTS # of Months Cost Per Month VARIABLE COSTS - HOURS TOTAL VARIABLE COSTS HOURS Vehicle Service Hours Payroll/IT Services Travel GRAND TOTAL Certificate Of Completion Envelope Id: 4DF927FA-CCDC-4363-B4EB-05F350F9C67A Status: Sent Subject: Complete with Docusign: Amendment to Agreement No. 7 with Exhibit.pdf Department: Supplier: Source Envelope: Document Pages: 8 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Amber Blevins AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 990 Palm Street San Luis Obispo, CA 93422 ablevins@slocity.org IP Address: Record Tracking Status: Original 6/30/2025 1:21:07 PM Holder: Amber Blevins ablevins@slocity.org Location: DocuSign Signer Events Signature Timestamp Joseph Erwin Joseph.Erwin@transdev.com General Manager Security Level: Email, Account Authentication (None) Sent: 6/30/2025 1:31:02 PM Viewed: 6/30/2025 3:22:04 PM Electronic Record and Signature Disclosure: Accepted: 6/30/2025 3:22:04 PM ID: 314454d1-332e-4172-b75b-9d424bf53b38 Maureen Jacobson Maureen.Jacobson@transdev.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Whitney McDonald WMcDonal@slocity.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Alex Fuchs afuchs@slocity.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Accepted: 6/10/2025 11:28:20 AM ID: de5b799e-e659-4dc3-800a-49c0d114e507 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/30/2025 1:31:03 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Phone: 513-241-2200 Fax: 513-684-8852 May 2, 2016 Gamaliel Anguiano sent by email to GAnguiano@slocity.org Transit Manager City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Re: Adjustments – Pricing Submittal for Request for Proposal (RFP) Specification - 91433; Operation and Maintenance of Fixed Route, Public Transit Services Dear Mr. Anguiano, Please find in the attached file our pricing with the adjustments we discussed at our meeting last Friday. We moved the Road Supervisor wage and benefits costs from the variable cost lines to fixed costs thus reducing the variable rate to $30.06 in year one. Additionally, we reexamined our total annual miles and adjusted the deadhead portion which had a positive effect on our liability insurance and maintenance costs. The revised price pages also reflect these adjustments. Equally important, we have revisited our efforts to positively impact driver retention. Above all else, we have always stressed providing a respectful workplace and paying attention to the details that impacts each employee’s workday. We are revisiting internal communications among our operating staff to ensure that every day, employees are greeted when they come to work and then thanked for a job well done. We are re-evaluating our recruiting efforts and plan to utilize our expanded corporate recruiting team to assist with job fairs in San Luis Obispo. Other efforts will include the following: Our General Manager Al Rusco is taking a training seminar to boost our “onboarding experience” that in part is geared towards creating a stronger commitment among new employees about working for SLO Transit. Offering a $500.00 hiring bonus to trainees. Offering a $500.00 hiring bonus to existing hourly staff for their efforts. Our General Manager has reached out to our region recruitment expert and requested a review of our local processes including tracking where each applicant has heard about the open positions. 2 We will institute a more formal exit interview program to better track why people leave. We will add a “catch them doing right” program and give operators small rewards like $5.00 - $10.00 dollar gift cards when we see them doing well in the field. We will concentrate on delivering a positive message to our employees, even when the information must include corrective action. The net incentives that we earn through excellent service for the City will be distributed to the hourly employees either as cash rewards and/or fun gifts or events. First Transit is committed to continually improving the service that we provide to the City of San Luis Obispo. We want to continue to work with the City on route changes that will improve service for our passengers and help reduce some of the on-the-job stress for our employees. And, we will remain committed to providing the safest possible service and will do so in a professional and efficient manner. Thank you for this opportunity. Sincerely, Jim Rude Director of Business Development First Transit, Inc. 913 915-1061 (cell) 913 871-1255 (fax) Jim.rude@firstgroup.com Cc: Don Swain 1 From:Rude, Jim <Jim.Rude@firstgroup.com> Sent:Monday, May 2, 2016 4:45 PM To:Anguiano, Gamaliel Cc:Swain, Don Subject:First Transit Pricing and Driver Turnover Attachments:First Transit SLO Transit RFP 91433 05022016.pdf; First Transit - SLO Transit Cost Proposal 05-02-16.pdf Importance:High Gamaliel, Please find attached a letter and a file with our revised pricing. I will follow up with you tomorrow to see if you have any questions or need additional information. Thank you very much. Jim Rude Director of Business Development; First Transit, Inc. Office: 913-915-1061 | 12747 England St., Overland Park, KS 66213 Fax: 913-871-1255 | jim.rude@firstgroup.com www.firsttransit.com First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Phone: 513-241-2200 Fax: 513-684-8852 May 2, 2016 Gamaliel Anguiano sent by email to GAnguiano@slocity.org Transit Manager City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Re: Adjustments – Pricing Submittal for Request for Proposal (RFP) Specification - 91433; Operation and Maintenance of Fixed Route, Public Transit Services Dear Mr. Anguiano, Please find in the attached file our pricing with the adjustments we discussed at our meeting last Friday. We moved the Road Supervisor wage and benefits costs from the variable cost lines to fixed costs thus reducing the variable rate to $30.06 in year one. Additionally, we reexamined our total annual miles and adjusted the deadhead portion which had a positive effect on our liability insurance and maintenance costs. The revised price pages also reflect these adjustments. Equally important, we have revisited our efforts to positively impact driver retention. Above all else, we have always stressed providing a respectful workplace and paying attention to the details that impacts each employee’s workday. We are revisiting internal communications among our operating staff to ensure that every day, employees are greeted when they come to work and then thanked for a job well done. We are re-evaluating our recruiting efforts and plan to utilize our expanded corporate recruiting team to assist with job fairs in San Luis Obispo. Other efforts will include the following: Our General Manager Al Rusco is taking a training seminar to boost our “onboarding experience” that in part is geared towards creating a stronger commitment among new employees about working for SLO Transit. Offering a $500.00 hiring bonus to trainees. Offering a $500.00 hiring bonus to existing hourly staff for their efforts. Our General Manager has reached out to our region recruitment expert and requested a review of our local processes including tracking where each applicant has heard about the open positions. 2 We will institute a more formal exit interview program to better track why people leave. We will add a “catch them doing right” program and give operators small rewards like $5.00 - $10.00 dollar gift cards when we see them doing well in the field. We will concentrate on delivering a positive message to our employees, even when the information must include corrective action. The net incentives that we earn through excellent service for the City will be distributed to the hourly employees either as cash rewards and/or fun gifts or events. First Transit is committed to continually improving the service that we provide to the City of San Luis Obispo. We want to continue to work with the City on route changes that will improve service for our passengers and help reduce some of the on-the-job stress for our employees. And, we will remain committed to providing the safest possible service and will do so in a professional and efficient manner. Thank you for this opportunity. Sincerely, Jim Rude Director of Business Development First Transit, Inc. 913 915-1061 (cell) 913 871-1255 (fax) Jim.rude@firstgroup.com Cc: Don Swain Budget Elements Year Year Year Year One Two Three Four Office Expenses: Site Manager Wages 82,150$ 83,793$ 85,469$ 87,178$ Site Manager Benefits 24,495$ 25,450$ 26,448$ 27,490$ Operations Supervisor Wages 222,599$ 226,711$ 230,900$ 235,166$ Ops Mgr, Admin Clerk Operations Supervisor Benefits 66,166$ 68,698$ 71,343$ 74,107$ & Dispatchers Road Supervisor Wages 101,858$ 103,691$ 105,558$ 107,458$ Road Supervisor Benefits 33,964$ 35,236$ 36,562$ 37,945$ Non-Revenue Vehicles $22,672 $24,000 $25,357 $26,095 Insurance: Materials and Supplies $5,233 $5,233 $5,233 $5,245 Computer/Shop Capital Telecommunications 16,888$ 17,310$ 17,743$ 18,186$ Other (Vehicle Liability Ins):$51,355 $52,376 $53,414 $54,478 $5,703 $5,817 $5,932 $6,051 $33,719 $34,562 $35,426 $36,312 6,800$ 6,970$ 7,144$ 7,323$ Subtotal 673,603$ 689,848$ 706,530$ 723,034$ Operating Expenses: Trainer Wages Trainer Benefits Driver Wages 719,522$ 742,546$ 768,649$ 792,410$ Driver Benefits $227,873 $237,610 $248,148 $258,699 Physical/Drug Tests $3,888 $3,985 $4,085 $4,187 Materials & Supplies Uniforms $14,556 $14,920 $15,293 $15,675 Other (Identify): $12,644 $12,960 $13,284 $13,616 Subtotal 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ Maintenance Expenses: Maintenance Manager Wages 69,958$ 71,357$ 72,784$ 74,240$ Maintenance Manager Benefits 20,960$ 21,775$ 22,626$ 23,515$ Mechanic Wages 87,315$ 88,887$ 90,487$ 92,115$ Mechanic Benefits 27,350$ 28,336$ 29,363$ 30,433$ Other Maintenance Labor 49,285$ 50,172$ 51,075$ 51,994$ Other Maintenance Benefits 9,964$ 10,228$ 10,500$ 10,781$ Maintenance parts & Supplies $107,731 $87,321 $100,047 $104,821 ATTACHMENT 3 SLO TRANSIT PROPOSAL COST FORM General Liability Insurance Facility Utilities & Expenses Office Supplies Safety/Recruiting Cleaning Supplies $2,811 $2,867 $2,922 $2,978 Lubricants & Fluids $5,124 $5,124 $5,123 $5,122 Materials & Supplies Other (Identify): $14,694 $15,061 $15,437 $15,823 Subtotal 395,191$ 381,127$ 400,364$ 411,824$ Other Expenses: Start Up Costs -$ -$ -$ -$ Performance Bond 3,051$ 3,181$ 3,376$ 3,561$ Corporate Overhead & Support $88,484 $90,037 $93,204 $95,931 Management Fee $55,303 $56,273 $58,252 $59,957 Other (Identify) 16,368$ 16,777$ 17,196$ 17,626$ $1,625 $1,666 $1,707 $1,750 Subtotal 164,831$ 167,934$ 173,735$ 178,825$ Operating & Maintenance Expense 1,373,674$ 1,393,147$ 1,449,823$ 1,496,411$ Revenue Vehicle Insurance Expense 673,603$ 689,848$ 706,530$ 723,034$ Monthly Fee (Fixed Costs)98,522.52$ 98,877.76$ 102,267.94$ 104,933.78$ Vehicles Service Hour Rate (Variable Costs)30.06$ 31.09$ 32.25$ 33.32$ Insurance Rate Per Revenue Vehicles 251.74$ 256.74$ 261.83$ 267.05$ Per Rev Veh / Per Mos offer shall remain in effect for 90 days from the date set for opening proposals unless withdrawn pursuant to the conditions of the subject RFP. Name of Proposing Firm: Signature: Date: Person Authorized to Bind Proposing Firm Signer's Name: Title: First Transit, Inc. Environmental Charges Payroll/IT Services Travel The above budget breakdown and the other attached materials represent an offer to do work as described in this proposal. It is understood that this May 2, 2016 Bradley Thomas President Year 1 Year 2 Year 3 Year 4 Office Expenses Subtotal 553,904$ 567,580$ 581,637$ 595,439$ Insurance / Other Subtotal (Less Auto Liability)$68,344 $69,892 $71,479 $73,117 Maintenance Expense Subtotal 395,191$ 381,127$ 400,364$ 411,824$ Other Expenses Subtotal 164,831$ 167,934$ 173,735$ 178,825$ 1,182,270$ 1,186,533$ 1,227,215$ 1,259,205$ 12 12 12 12 98,522.52$ 98,877.76$ 102,267.94$ 104,933.78$ Year 1 Year 2 Year 3 Year 4 Operating Expenses Subtotal 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ 32,546 32,546 32,546 32,546 30.06$ 31.09$ 32.25$ 33.32$ Year 1 Year 2 Year 3 Year 4 Vehicle Liability Insurance Subtotal $51,355 $52,376 $53,414 $54,478 51,355$ 52,376$ 53,414$ 54,478$ 17 17 17 17 3,020.88$ 3,080.93$ 3,141.99$ 3,204.58$ 12 12 12 12 251.74$ 256.74$ 261.83$ 267.05$ Year 1 Year 2 Year 3 Year 4 Total Annual Fixed Costs 1,182,270$ 1,186,533$ 1,227,215$ 1,259,205$ Total Annual Variable Hours Costs 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ Total Annual Variable Ins Costs 51,355$ 52,376$ 53,414$ 54,478$ 2,212,108$ 2,250,930$ 2,330,088$ 2,398,270$ # of Vehicles Explanation of Cost Elements from SLO Transit Cost Proposal Form FIXED COSTS # of Months TOTAL FIXED COSTS Cost Per Month VARIABLE COSTS - HOURS TOTAL VARIABLE COSTS HOURS Vehicle Service Hours Cost Per Vehicle Service Hour VARIABLE COSTS - VEHICLE INS TOTAL VARIABLE COSTS VEH INS Cost Per Vehicle - Annual Liability Ins # of Months Cost Per Vehicle Per Month Total Annual Fixed and Variable SUMMARY OF TOTALS Budget Elements Year Year Year Year One Two Three Four Office Expenses: Site Manager Wages 82,150$ 83,793$ 85,469$ 87,178$ Site Manager Benefits 24,495$ 25,450$ 26,448$ 27,490$ Operations Supervisor Wages 222,599$ 226,711$ 230,900$ 235,166$ Ops Mgr, Admin Clerk Operations Supervisor Benefits 66,166$ 68,698$ 71,343$ 74,107$ & Dispatchers Road Supervisor Wages 101,858$ 103,691$ 105,558$ 107,458$ Road Supervisor Benefits 33,964$ 35,236$ 36,562$ 37,945$ Non-Revenue Vehicles $22,672 $24,000 $25,357 $26,095 Insurance: Materials and Supplies $5,233 $5,233 $5,233 $5,245 Computer/Shop Capital Telecommunications 16,888$ 17,310$ 17,743$ 18,186$ Other (Vehicle Liability Ins):$51,355 $52,376 $53,414 $54,478 $5,703 $5,817 $5,932 $6,051 $33,719 $34,562 $35,426 $36,312 6,800$ 6,970$ 7,144$ 7,323$ Subtotal 673,603$ 689,848$ 706,530$ 723,034$ Operating Expenses: Trainer Wages Trainer Benefits Driver Wages 719,522$ 742,546$ 768,649$ 792,410$ Driver Benefits $227,873 $237,610 $248,148 $258,699 Physical/Drug Tests $3,888 $3,985 $4,085 $4,187 Materials & Supplies Uniforms $14,556 $14,920 $15,293 $15,675 Other (Identify): $12,644 $12,960 $13,284 $13,616 Subtotal 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ Maintenance Expenses: Maintenance Manager Wages 69,958$ 71,357$ 72,784$ 74,240$ Maintenance Manager Benefits 20,960$ 21,775$ 22,626$ 23,515$ Mechanic Wages 87,315$ 88,887$ 90,487$ 92,115$ Mechanic Benefits 27,350$ 28,336$ 29,363$ 30,433$ Other Maintenance Labor 49,285$ 50,172$ 51,075$ 51,994$ Other Maintenance Benefits 9,964$ 10,228$ 10,500$ 10,781$ Maintenance parts & Supplies $107,731 $87,321 $100,047 $104,821 ATTACHMENT 3 SLO TRANSIT PROPOSAL COST FORM General Liability Insurance Facility Utilities & Expenses Office Supplies Safety/Recruiting Cleaning Supplies $2,811 $2,867 $2,922 $2,978 Lubricants & Fluids $5,124 $5,124 $5,123 $5,122 Materials & Supplies Other (Identify): $14,694 $15,061 $15,437 $15,823 Subtotal 395,191$ 381,127$ 400,364$ 411,824$ Other Expenses: Start Up Costs -$ -$ -$ -$ Performance Bond 3,051$ 3,181$ 3,376$ 3,561$ Corporate Overhead & Support $88,484 $90,037 $93,204 $95,931 Management Fee $55,303 $56,273 $58,252 $59,957 Other (Identify) 16,368$ 16,777$ 17,196$ 17,626$ $1,625 $1,666 $1,707 $1,750 Subtotal 164,831$ 167,934$ 173,735$ 178,825$ Operating & Maintenance Expense 1,373,674$ 1,393,147$ 1,449,823$ 1,496,411$ Revenue Vehicle Insurance Expense 673,603$ 689,848$ 706,530$ 723,034$ Monthly Fee (Fixed Costs)98,522.52$ 98,877.76$ 102,267.94$ 104,933.78$ Vehicles Service Hour Rate (Variable Costs)30.06$ 31.09$ 32.25$ 33.32$ Insurance Rate Per Revenue Vehicles 251.74$ 256.74$ 261.83$ 267.05$ Per Rev Veh / Per Mos offer shall remain in effect for 90 days from the date set for opening proposals unless withdrawn pursuant to the conditions of the subject RFP. Name of Proposing Firm: Signature: Date: Person Authorized to Bind Proposing Firm Signer's Name: Title: First Transit, Inc. Environmental Charges Payroll/IT Services Travel The above budget breakdown and the other attached materials represent an offer to do work as described in this proposal. It is understood that this May 2, 2016 Bradley Thomas President Year 1 Year 2 Year 3 Year 4 Office Expenses Subtotal 553,904$ 567,580$ 581,637$ 595,439$ Insurance / Other Subtotal (Less Auto Liability)$68,344 $69,892 $71,479 $73,117 Maintenance Expense Subtotal 395,191$ 381,127$ 400,364$ 411,824$ Other Expenses Subtotal 164,831$ 167,934$ 173,735$ 178,825$ 1,182,270$ 1,186,533$ 1,227,215$ 1,259,205$ 12 12 12 12 98,522.52$ 98,877.76$ 102,267.94$ 104,933.78$ Year 1 Year 2 Year 3 Year 4 Operating Expenses Subtotal 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ 32,546 32,546 32,546 32,546 30.06$ 31.09$ 32.25$ 33.32$ Year 1 Year 2 Year 3 Year 4 Vehicle Liability Insurance Subtotal $51,355 $52,376 $53,414 $54,478 51,355$ 52,376$ 53,414$ 54,478$ 17 17 17 17 3,020.88$ 3,080.93$ 3,141.99$ 3,204.58$ 12 12 12 12 251.74$ 256.74$ 261.83$ 267.05$ Year 1 Year 2 Year 3 Year 4 Total Annual Fixed Costs 1,182,270$ 1,186,533$ 1,227,215$ 1,259,205$ Total Annual Variable Hours Costs 978,483$ 1,012,021$ 1,049,459$ 1,084,587$ Total Annual Variable Ins Costs 51,355$ 52,376$ 53,414$ 54,478$ 2,212,108$ 2,250,930$ 2,330,088$ 2,398,270$ # of Vehicles Explanation of Cost Elements from SLO Transit Cost Proposal Form FIXED COSTS # of Months TOTAL FIXED COSTS Cost Per Month VARIABLE COSTS - HOURS TOTAL VARIABLE COSTS HOURS Vehicle Service Hours Cost Per Vehicle Service Hour VARIABLE COSTS - VEHICLE INS TOTAL VARIABLE COSTS VEH INS Cost Per Vehicle - Annual Liability Ins # of Months Cost Per Vehicle Per Month Total Annual Fixed and Variable SUMMARY OF TOTALS Original March, 2016 SPECIFICATION: 91433SLO Transit Operation and Maintenance of Fixed Route, Public Transit Services TABLE OF CONTENTS FIRST TRANSIT PROPOSAL First Transit, Inc. i Contents Contents _____________________________________________________________________ i Section A – Qualifications and Experience _____________________________________ 1 1. Company Introduction ............................................................................................ 1 Overview ................................................................................................................ 1 First Transit’s History ............................................................................................. 2 Our Vision and Values ............................................................................................ 3 Capability Statement ............................................................................................. 4 Our Unique Partnership Approach ......................................................................... 5 Financial Solvency ............................................................................................... 10 2. Relevant Experience ............................................................................................. 11 Experience Overview ........................................................................................... 11 3. Certifications......................................................................................................... 15 DBE Business Inclusion Plan ............................................................................... 15 4. Financial Statements ............................................................................................ 17 Financial Statement ............................................................................................. 19 5. Pending Financial / Legal issues ........................................................................... 19 6. Bankruptcy ........................................................................................................... 20 7. Terminated Contracts ........................................................................................... 20 8. Additional Resources ............................................................................................ 21 California Presence .............................................................................................. 21 Quality Performance ............................................................................................ 22 Section B – Personnel ______________________________________________________ 25 1. Management ......................................................................................................... 25 SLO Transit Local Management and Staff ........................................................... 26 SLO Transit Region Management Team .............................................................. 36 2. Organizational Chart ............................................................................................. 39 Proposed Staffing Plan ........................................................................................ 39 Organizational Chart ............................................................................................ 40 Proposed Weekly Staff Schedules ....................................................................... 41 First Transit, Inc. ii Job Descriptions .................................................................................................. 43 3. Job Classifications ................................................................................................ 44 4. Employee Benefits and Wages ............................................................................. 45 Employee Benefits Program ................................................................................ 47 5. California Labor Code Sections 1070-1074 .......................................................... 51 Section C – Operational Approach ___________________________________________ 53 1. Start-up Plan ........................................................................................................ 53 Start-up Activities ................................................................................................ 54 2. Driver Training ...................................................................................................... 57 3. Dispatcher Training Program & Customer Relations ............................................. 60 On-the-Job Mentor Training ................................................................................ 61 Customer Service / Customer Relations Training...................................................... 63 4. Scheduling Description ......................................................................................... 64 Public Information Process .................................................................................. 64 5. Dispatching Method ............................................................................................. 66 6. Scheduling of Extra Board Operators ................................................................... 67 7. Quality Control Approach ..................................................................................... 67 First Transit’s Operations Quality Control ............................................................ 67 Maintenance Quality Control ................................................................................ 71 8. Management Information Systems & Reporting .................................................... 72 First Transit’s MI Dashboard ................................................................................ 72 Loading Data ....................................................................................................... 73 Functionality ........................................................................................................ 73 First Transit’s FirstBase Maintenance Software ................................................... 75 Section D – Maintenance, Safety, & Insurance ________________________________ 79 1. Preventive Maintenance Program ......................................................................... 79 Maintenance Overview......................................................................................... 79 Comprehensive Preventive Maintenance Program .............................................. 81 The PM Process .................................................................................................. 84 Unscheduled Maintenance Repairs and Services ................................................ 87 Vehicle Cleaning .................................................................................................. 88 On-site Maintenance Department Personnel ....................................................... 89 First Transit, Inc. iii Inventory Control ................................................................................................. 89 2. Preventive Maintenance and Inspection Program ................................................. 92 Overview .............................................................................................................. 92 Importance of an Effective PM Program .............................................................. 93 Paperless Shop .................................................................................................... 95 LEAN Maintenance Practices and 5s Processes ................................................. 97 Facility Maintenance Program ............................................................................ 100 Technician Training ............................................................................................ 102 ASE Bonus Program .......................................................................................... 104 3. Performance Rating ............................................................................................ 108 4. Citation or Fines ................................................................................................. 108 5. Comparable Operations ...................................................................................... 109 NTD Accident Frequency Rates Chart ............................................................... 109 Safety Record at San Luis Obispo ..................................................................... 110 Safety Record at Other Similar Locations .......................................................... 111 First Transit’s Safety Culture .............................................................................. 112 6. Recent, Current, or Pending Litigation ................................................................ 117 7. Vehicle and Liability Insurance Programs ............................................................ 117 Section E – Miscellaneous Requirements ____________________________________ 119 1. Proposed Cost Per Vehicle Service Hour ............................................................ 119 2. Early Payment ..................................................................................................... 119 3. Pricing Options ................................................................................................... 119 4. First Transit – The Best Transit Solution .............................................................. 120 DriveCam Technology ........................................................................................ 122 Community Engagement ................................................................................... 125 Our Focus on Employees ................................................................................... 127 5. Proposal Cost Form ............................................................................................ 127 6. Proposal and Contractor Certifications ............................................................... 128 7. First Transit Contact Person ............................................................................... 128 First Transit, Inc. iv This page intentionally left blank. Experience and Qualifications SECTION A Section AExperience and Qualifications SECTION A EXPERIENCE AND QUALIFICATIONS First Transit, Inc. 1 Section A – Qualifications and Experience 1. Company Introduction 1. Provide a statement of your firm's organizational structure, experience, history, legal status (i.e., partnership, corporation, etc.), capabilities, financial solvency, list of owners and officers, and management philosophy. Overview First Transit, Inc. supplies precision, efficiency, innovation, and all-around expertise to both public and private transportation systems. For over 60 years, First Transit has had hands- on experience with nearly every facet of transportation operations, maintenance, and administration. As the nation’s leading provider of public transportation contracting and management services, we understand the needs of our transit customers. Headquartered in Cincinnati, Ohio, First Transit operates in 320 locations, carrying approximately 350 million passengers annually throughout the United States in 39 states, Puerto Rico, U.S. Virgin Islands, and four Canadian provinces. Each day, our managers address the complexities in today’s challenging political, economic, social, and operational environments. First Transit’s business practices are designed to offer our customers exceptional customer service, an award-winning safety program, and the highest satisfaction that comes from quality throughout our operations. By leveraging the unique talents of the professionals in each business unit across the breadth of the company, First Transit participates on assignments of all types, sizes and scopes. Applied in many operating environments, our varied skills include: • Traditional fixed route and ADA paratransit services under management contracts or turnkey operational contracts • ADA call centers services and brokerage services for human service transportation First Transit, Inc. 2 • Flexible Route • Rural and Urban Transit Systems • University Transportation Services • Airport Shuttle Services • Maintenance and facilities management • Alternative fuel operations, including electric, hybrid, and compressed gas powered vehicles First Transit’s History Our firm’s growth is a direct result of the willingness to embrace change and the desire to build strong and transparent partnerships to achieve common goals with our clients. Founded in 1955 as American Transportation Enterprises, First Transit has had several acquisitions and name changes. In 1999, the firm was acquired by FirstGroup, plc, our UK- based parent company, and became First Transit (242 contracts and over 11,200 transit vehicles in the US). FirstGroup is the largest international surface transportation group in the world – with strengths across all five divisions. Sister companies include First Student (54,000 school buses in North America), First Vehicle Services (manages and maintains nearly 38,000 vehicles in North America), Greyhound (20 million passengers annually), UK Bus (1/5 of all local bus service in the UK), and UK Rail (the UK’s largest rail operator). Our name has changed periodically, but our forward-thinking corporate culture of developing our people, leveraging our expertise, and sharing our best practices has always been - and continues to be - steadfast. With a long and proud tradition in the world of public transportation, First Transit stands behind our promise of superior level of service, performance, and support that is second to none in our industry. First Transit, Inc. 3 Our Vision and Values Our Vision: Provide solutions for an increasingly congested world, keeping people moving and communities prospering. With the world’s population now exceeding seven billion and more people living closer together, the problems of congestion multiply and the need for creative transport solutions increases. At the same time, customers expect higher levels of service with greater efficiencies. First Transit is up to the challenge. First Transit understands transportation systems are the lifeblood of communities — and we work in partnership with customers to help our communities thrive. FirstGroup has grown to become the leading transport operator in the UK and North America. Every day on both sides of the Atlantic, we are relied on to connect communities, making it easier for millions of people to live their lives. Every one of our 117,000 employees works hard to deliver vitally important services for our passengers. Each year 2.5 billion passengers rely on FirstGroup to get to work, education, to visit family and friends, and much more. Our services open up opportunities and experiences and help to create strong, vibrant and sustainable local economies. Our goal is to be the organization to solve the problems of our increasingly congested world and to help people, communities and society to prosper. At First Transit, we achieve this through employees holding strong to our five core values and exemplifying these values every day. We demonstrate our commitment to our customers, with over 95% on-time performance as a company. Our dedication to safety is displayed as we begin every meeting with a safety message. We set the highest standards for ourselves and each other, demonstrated in part by having more ASE Certified maintenance shops than any other competitor. We support each other with experienced and professional regional management teams standing ready to aid local managers with daily challenges. We hold each other accountable for our performance with our Dashboard application, displaying performance data at a glance. First Transit, Inc. 4 Capability Statement Organization First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Services Transit Contracting, Transit Management, Transit Consulting Contact Mr. Jim Rude Director of Business Development 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 [p] 913.814.0977 [f] 913.871.1255 [e] jim.rude@firstgroup.com Mr. Keith Whalen SVP Business Development 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 [p] 513.419.8587 [f] 513.684.8852 [e] keith.whalen@firstgroup.com Form of Business Corporation Incorporation Delaware in 1969 First Transit, Inc. 5 Number of Employees Employs more than 16,000 people; Manages additional 4,000 employees under transit management contracts Federal I.D. Number 23 – 1716119 US DOT# 1002211 Motor Carrier MC – 576222 Officers Brad Thomas, President Bruce J. Rasch, Secretary James R. Tippen, SVP of Finance Brian Beechem, Asst. Secretary Michael L. Petrucci, Asst. Secretary Regional Location Contact Don Swain, Region Vice President, West Region 600 Vine Street, Suite 1400 Cincinnati, OH 45202 [p] 503-669-2910 X237 [f] 775-242-9089 [e] don.swain@firstgroup.com First Transit, Inc. is a firm with great success in professional transportation services for both public and private transportation programs throughout the United States. First Transit operates in 320 locations, making us the nation’s leading provider of public transportation contracting and management services. We carry approximately 350 million passengers per year in 39 states, Puerto Rico, and four (4) Canadian provinces. First Transit is an industry leader and innovator in transportation, and has been for over 60 years. Throughout our history, First Transit has demonstrated our ability to design, implement, and manage transportation systems of all sizes and levels of complexity. We leverage the scale of our international company with the expertise of highly qualified local management teams to ensure the productive and efficient operation of our services. Our Unique Partnership Approach Our company understands the challenges the City of San Luis Obispo faces in providing fixed route services in a dynamic City where California Polytechnic State University (Cal Poly) continues to grow its enrollment and where the City must be flexible in adjusting services for this demand. First Transit’s experienced approach provides SLO Transit with multiple resources to continuously improve service provision, and reinforces our capabilities to be your preferred service provider. First Transit, Inc. 6 Providing approximately 60% of the ridership, Cal Poly provides financial support to the City for its share of public transportation in San Luis Obispo. First Transit has also enjoyed partnering with the City on service planning and our staff looks forward to continuing to do so. The impact of ridership specific to Cal Poly has generated needs for peak period tripper buses including the recently instituted Kennedy Library Tripper bus servicing Downtown, Cal Poly, and the Ramona Drive neighborhood during the weekday morning peak period. And with enrollment projected to continue to increase, we understand the importance that public transit will play in meeting future needs as Cal Poly expands their campus and the City makes plans to accommodate that growth. Our partnership with the City recognizes our role in making this growth accommodated within the focus of continually improving service to all San Luis Obispo Transit customers and stakeholders. In our experience providing campus transportation across the United States, we know that many things are important to university students and staff including improving the environment and the use of technology. Referencing Cal Poly’s Vision 2022 and Academic plan, we know that having public transit on campus remains a vital part of their expanding the footprint of the University onto nearby land. The expectation is that public transit gets cars off the road and will play a role in reducing the need for student and staff parking thus providing for expansion of facilities and student housing. In fact, newer public transit buses operate so much cleaner that it has been said that 20 newer clean burning transit coaches create less air pollution than one 30 year old transit coach. As far as transit technology is involved, the development and use of the SLO Transit application available for smart phones and computers provides University and City ridership with instant access to bus location and arrival times. This exciting technology is rapidly becoming the norm in public transit operations. The SLO Transit application, developed locally by the Bishop Peak Technology Company, also further reinforces the importance of engaging local stakeholders in the success of SLO Transit. It is First Transit’s expectation that more Bishop Peak Technology applications are becoming available for testing and use with SLO Transit. Some examples include two-way text messaging and audio and visual annunciating systems. Of particular interest in the near term, is the ability for the newest AVL technology to also provide alerts to our bus operators to warn of narrow streets or low overhead bridges and overpasses. We are looking forward to testing this new technology and have outlined later in our proposal a plan to test the latest technology on the double decker bus. First Transit, Inc. 7 First Transit has hands-on experience with every facet of public transportation operations, maintenance and administration. Our firm’s growth is a direct result of our commitment to partner with our clients to achieve unparalleled results. While we implement best practices and manage challenges based on our experience as a large company, First Transit clearly understands two critical concepts: • The goals, requirements, and needs of the SLO Transit service — passengers will continue to be at the top of the decision making process and drive the efforts of the entire team • The local SLO Transit management team — comprised of General Manager Al Rusco, Operations Manager / Safety Manager John Guyton, and Maintenance Manager Nathan Ray — are given the authority to make decisions and manage the system. First Transit will continue to quickly address concerns or issues presented by the SLO Transit, the passengers, or our employees. Al Rusco, First Transit’s experienced General Manager, will continue to provide important leadership to build our operation on the foundation of First Transit’s Values. • Committed to Customers • Dedicated to Safety • Supportive of each other • Accountable for Performance • Setting the Highest Standards These five values are at the heart of every First Transit operation. In partnership with SLO Transit, our service is characterized by: • Reliable transportation ensuring passengers and employees arrive at their destination safely • A focused approach in dispatch operations and road supervision • Client support and transparent communications to achieve greater quality service and cost effectiveness • Hiring the right people, offering them industry-leading training, and supporting them each day to allow them to care for SLO Transit passengers as if they are members of our family • On-time performance using innovative approaches, local leadership, and organizational support from First Transit industry leaders • Industry-leading best practices and new technologies • Community involvement, active resolution of customer concerns, and supporting SLO Transit initiatives First Transit, Inc. 8 From the contract award, the First Transit team will continue to work in transparent cooperation with SLO Transit and strive each day to exceed the expectations of our passengers, the community, and SLO Transit staff and stakeholders. First Transit’s business practices offer our customers high levels of customer service, an award-winning safety program, and the highest satisfaction that comes from quality throughout our operations. ABILITY TO PERFORM THE WORK DESCRIBED As the largest transit contracting company in North America and as SLO Transit’s partner since 2001, First Transit is the most qualified partner for the SLO Transit to operate your transportation services. Utilizing our experience managing hundreds of contracts including the SLO Transit fixed route operation, we deliver safe, on-time, courteous, and clean transit services at a competitive price. First Transit runs fixed route transit, paratransit, call center as well as commuter and specialized services. Built on our current relationship managing the SLO Transit fixed route service, this has provides us a highly diversified transit background for which to continue meeting SLO Transit’s specific needs in community transportation. The City of San Luis Obispo and SLO Transit will continue to have the full support of First Transit’s corporate office and our West Region management. These teams will continue to provide veteran support throughout the operation, including the areas of safety, training, maintenance, administration, accounting, insurance claims management, and human resources. First Transit – In successful partnership with SLO Transit since 2001. First Transit, Inc. 9 From full transit operations to transit management solutions, we provide the expertise you need while maximizing your transit budget dollars. At First Transit, our people strive to provide our communities the most dependable and forward-thinking transportation service solutions. As your neighbors, we work diligently to bring you the best value and care. You can trust that we’ll be here for you today, tomorrow, and every day. Our transportation experience and service operations are based on the following core areas. First Transit’s partnership with SLO Transit will focus on ways to support your goals, and help improve transit service in the region. Transit Operations and Service Management First Transit’s management and operations approach will mirror the specifications and provisions of your requirements, providing high-quality transit services for the community. First Transit’s proven operational practices and procedures support this approach, meeting the daily requirements of SLO Transit service. Founded on First Transit’s Vision and Values, the key elements of our approach to the SLO Transit project are fourfold: • Safety and risk management (in all activities) • Quality, efficient service (on-time, productive, clean, well-maintained, cost effective) • Customer experience (comfortable, convenient, professional, courteous) • Local staff committed and passionate about SLO Transit services Working in coordination with you, our First Transit team, both local and corporate, will maintain a clear understanding of our management direction, and your transportation needs. As a professional and trustworthy company, we will provide the best value to SLO Transit through: • Functional organizational relationships, established lines of authority and employee responsibilities First Transit, Inc. 10 • Clear, detailed, and specific start-up/transition/implementation schedules • Frequent and open communications • Feedback from regional oversight and monitoring of key performance indicators MANAGEMENT PHILOSOPHY First Transit’s management philosophy entrusts our local managers with a great deal of decision-making authority and provides each of them with a superior support system of experts in all areas, including operations, maintenance, human resources and safety. We empower our local project management to understand and meet the needs of our clients. The success of our operation in San Luis Obispo is the result of the leadership, time management, communication and financial skills of our General Manager and support team. First Transit: • Provides our clients with the strongest management team in the industry • Develops our managers through initial and ongoing training • Holds our managers accountable for their operation’s performance • Engages the community through local involvement and initiatives • Understands the needs of the ridership from students and commuters to the general public We work very hard to identify managers that fit well with each location. Our managers are held accountable for the performance of the entire operation – safety, client satisfaction, budget adherence and maintenance, as well as key operation performance indicators and employee performance and satisfaction. We not only have a performance-based incentive plan which encourages each manager to meet or exceed operational goals, but also a high level of accountability within each facet of the organization. Region Vice Presidents conduct regular onsite visits to ensure compliance, discuss challenges and develop action plans for improvement. First Transit’s management philosophy encourages our local managers to develop strong relationships with their customers, while supporting them with a nationwide system of experienced transportation professionals and resources. Financial Solvency Please refer to “Section 4. Financial Statements” found below for information of First Transit’s financial performance and stability. First Transit, Inc. 11 2. Relevant Experience 2. List any recent relevant experience that your firm has been providing and/or managing publicly funded fixed route, demand-response and commuter services. For each system, list dates of service, annual vehicle service hours, number of revenue vehicles, number of annual passengers, and the name and telephone number of responsible individuals who can verify service. Attach additional descriptive material, if necessary; however, the following information must be included at a minimum. Reference checks will be made from the list provided. System Number of Name & Dates of Type of Annual Revenue Annual Contact Phone Address Service, Service VSH's Vehicles Passengers Name Number Experience Overview With 320 locations in 39 states, Puerto Rico and four Canadian provinces, First Transit sets the standard for excellence in transportation. Global in scale and local in approach, we carry approximately 350 million passengers across more than 390 million miles annually. First Transit has approximately 16,000 employees and operates 11,200 buses/vehicles. We are a market leader in each of our core business segments: • Fixed route • Paratransit • Shuttle (University, Airport, Commercial) • Transportation Call Centers First Transit, Inc. 12 Each and every day for more than 60 years, First Transit managers and employees deliver safe, high quality, cost effective service in challenging political, economic, social, and operating environments. With the best safety record in the industry, the highest customer service standards and the best training available, First Transit offers our customers the optimal solution for their transportation needs. With innovative technologies like Paperless Shop to create more efficient shops and improve vehicle reliability and Innovative Applications to optimize operational parameters, we keep our customers on the cutting edge of the transportation industry. By working with our partners to introduce new fleets, powered by alternative fuels when possible and endorsing the latest in clean engine technology, First Transit achieved a 6.7% reduction carbon emissions during 2013-14. PROVEN PERFORMANCE Although the sheer number of our contracts is impressive, what is really important is the quality of service First Transit has brought to each and every one of our locations, the strong relationships with our clients and the improved transportation services for our shared customers. Longevity Nothing illustrates First Transit’s strength as a transportation provider like the number of customers who choose to stay with First Transit, renewing contracts with us over and over again. When First Transit makes a promise to our customers, we stand by it. Many of our clients have been with First Transit for decades. .19 AFR First Transit leads the way in safety, with an NTD accident frequency rating of only .19 per 100,000 miles in 2014-15. 96.9% In our FY2014-2015 customer satisfaction survey, 96.9% of our customers agreed that First Transit “is a business partner, not just a service provider.” 95.6 % 95.6% of First Transit services were on time in FY2014-2015. First Transit, Inc. 13 In FY 2014-15, 92 percent of our current customers chose to renew/extend contracts with First Transit when they expired. Awards and Recognitions First Transit is proud of the innovative, high quality transportation services we provide our clients and of the many awards and recognitions we have received over the years. Our complete list is far too long to include here, but below we highlight just a few of our recent recognitions: • FirstGroup America has 64 ASE Blue Seal of Excellence Certified Shops, more than all of our competitors combined. We have achieved this prestigious certification for many of our facilities within two years or less after taking over the service. • Tri Delta Transit, Eastern Contra Costa Transit Authority was named the best system of its size in North America (four million and under passenger category) by the American Public Transportation Association (APTA) in 2014. • Many of our systems have received recognition as the best system of its size from their respective state associations, including Sun Metro in El Paso, TX and Metro Mobility in Minneapolis, MN in 2014. • Many of our managers, region and corporate support personnel were named as the “Top 40 under 40” by Mass Transit Magazine. • First Transit received the Confirmit ACE Award for Excellence in Customer Service and was ranked Gold in Business in the Community’s Corporate Responsibility Index in 2013. • We have helped our customers achieve the prestigious International Organization for Standardization (ISO) – 14000 certification, including our City of Phoenix and Valley Metro locations in Phoenix, AZ. FIXED ROUTE EXPERIENCE First Transit operates safe, reliable and cost-effective fixed route operations throughout North America. Our fixed route contracts include traditional fixed route, deviated, shuttle (universities, airports and private companies) and Bus Rapid Transit (BRT) services, as well as transit management and multimodal contracts. We have successfully operated fixed route projects since our inception in 1955. First Transit, Inc. 14 The majority of our 320 locations are either predominantly fixed route or include a fixed route component. Our turnkey packages are customized for each specific client, providing a comprehensive, solution-specific approach. First Transit has brought improvements in safety, training and customer service initiatives, as well as operational efficiencies and an improved customer/contractor relationship to our fixed route locations across North America. “First Transit has been an efficient and cost effective operator with a history of strong performance, accountability and customer satisfaction.” - Joy Munkers, Community Transit, Everett, WA (First Transit fixed route customer since 1997) First Transit has extensive fixed route operating experience ranging from systems with just a few vehicles up to hundreds of buses. Our company is also one of the largest providers of University transportation services in the United States, providing the City a partner who understands the importance of reaching out and working closely with these stakeholders on solutions for nontraditional peak load transportation. A few examples of our current, similar fixed route customers are provided below: Account Name Customer Since Total Fleet Size San Luis Obispo Transit (CA) 2001 17 Eastern Contra Costa Transit Authority (Antioch, CA) 1986 54 City of Plymouth (MN) 1989 79 San Diego MTS Minibus (CA) 2011 37 Imperial County Transportation Commission (CA) 1997 34 SouthWest Transit (Eden Prairie, MN) 1985 60 Please refer to the Attachments section for a list of First Transit’s current client locations with fixed route experience similar to the SLO Transit fixed route operation. First Transit, Inc. 15 UNIVERSITY EXPERIENCE Our primary focus for San Luis Obispo Transit is the overall City service, however, First Transit has extensive experience operating campus transit systems at twenty-nine (29) colleges and universities across the United States. From campus transit systems with just one single vehicle up to 60 shuttles, we operate transit systems for university clients of all types and sizes. First Transit’s understanding of the unique university and college settings and needs of students they serve has contributed to our success in delivering cost- effective, high-quality transportation solutions. We will be happy to offer up the senior staff operating in those areas to provide consulting support to the City in its ongoing efforts to continue improving service. Account Name Customer Since Total Fleet Size Yale University 2011 40 Princeton University 2009 17 University of Minnesota 2002 25 University at Buffalo, State University of New York 2005 28 Savannah College of Art and Design (Savannah & Atlanta) 2009 28 Louisiana State University 2009 23 3. Certifications 3. Submit any certifications, as appropriate, that the proposing firm or any subcontractor is a Disadvantaged Business Enterprise (DBE). DBE Business Inclusion Plan First Transit addresses the unique challenges diverse businesses experience in participating in the mainstream of the nation’s economy. We actively seek to bring these vendors into our network of suppliers, supporting the inclusion of Disadvantaged, Minority, Small, Veteran and Woman-owned Business Enterprises. Our plan is to not only provide participation for our diverse business partners, but to facilitate resources, training and other support services. This ensures that all of our diverse businesses will meet the service provision requirements outlined in the RFP, and helps setup their companies for continuous growth within First Transit’s Business Inclusion Plan. First Transit, Inc. 16 IDENTIFYING DIVERSE BUSINESSES Expanding our supplier base is beneficial for vendors, local economies, our clients, customers, and the community as a whole. Products and services from a diverse supplier base stimulate innovation and provide us with the finest resources for our operations, making our commitment to our clients stronger and our transit solutions more cost- effective. In turn, our vendors benefit from wider industry exposure and First Transit’s best practices—a win for both companies. Our program includes training for employees of our diverse business partners, shared technology resources and a quarterly quality and customer service audit. This ensures that First Transit diverse business subcontractors are in compliance with the operational and performance requirements for the RFP. First Transit’s Business Inclusion Plan includes, but is not limited to, the following: • Identify services and products for subcontracting/minority participation • Identify appropriate concerns and interest groups (outreach programs) • Conduct informational seminars on procurement and contracting procedures • Provide technical assistance • Develop realistic goals and timetables • Provide opportunities for public input through advisory committee participation • Monitor and conduct an on-going evaluation of the program INCLUDING DIVERSE BUSINESSES First Transit recognizes the fact that we can and will positively impact the communities which we will continue to serve under the SLO Transit contract with the City of San Luis Obispo. We believe that we can provide a positive impact by building and maintaining strong business partnerships with Disadvantaged Business Enterprises (DBEs) in communities. Through our efforts, we firmly believe we will be able to meet the City of San Luis Obispo’s goal of 1.70% as outlined in the RFP with DBE vendors under a new contract. We have diligently solicited businesses and quotes from currently certified DBE vendors, as well as current vendors we believe will qualify to be DBE re-certified or can successfully seek certification. Services and supplies we plan to purchase from our DBE partners include landscaping/building maintenance, janitorial work and bus parts and supplies. Potential vendors that may also qualify to be certified would include a local towing service as well as a local shop supplies vendor. First Transit, Inc. 17 Pursuant to our efforts to solicit DBE vendors, and potential DBE vendors, we have kept a log of our efforts that also includes the potential annual DBE spend. Our Good Faith Efforts log along with certification documentation and letters of intent can be found as an Attachment. In addition, our General Manager Al Rusco and Maintenance Manager Nathan Ray will continue to review our diverse business involvement monthly for new opportunities. They will also continue to work with local firms that may qualify for inclusion on the important program and assist them with the certification process. Al and Nathan will take the lead on inclusion and will be responsible for, and work closely with diverse business vendor contacts. Al Rusco will be the main DBE liaison for this project. For any questions regarding the DBE inclusion for the SLO Transit proposal, please contact Jim Rude, Director or Business Development, at jim.rude@firstgroup.com. 4. Financial Statements 4. Attach financial statements (last year-end income statement and balance sheet and most current interim income statement) in the following descending order of preference: (a.) Statements audited by a certified public accountant (CPA) or government auditing agency or 10K Report. (b.) CPA-reviewed statements (Information on the firm's financial status will be withheld from public review if submitted under separate cover with a request for confidentiality unless a court of competent jurisdiction orders disclosure.) First Transit benefits financially from being part of an international transportation giant – FirstGroup plc. FirstGroup plc. operates five divisions that have similar core skills and expertise, diversified by geography, customer base, and mix of contract-backed and passenger revenue. This diverse business model further increases the stability of our corporation, ensuring the City of San Luis Obispo that you will have a financially stable operator throughout this contract term and beyond. First Transit, Inc. 18 FirstGroup plc is the leading transport operator in the UK and North America. With revenues of more than $10 billion per year and approximately 120,000 employees, we transport more than 2.5 billion passengers every year. Our objective is to create long term value for the City and other local community stakeholders through sustainable, integrated transport services that are safe, reliable, and meet the needs of our passengers and communities. The expansive size of our parent company, FirstGroup America – the North American division of FirstGroup plc, ensures that our SLO Transit operation will be based on financial strength and stability, which smaller transit contractors cannot provide. First Transit’s key characteristics for financial stability are as follows: • A market leader in highly a fragmented $22bn US transit marketplace – approximately 30% is outsourced • Established credentials and proven track record in successful transit service across all operating divisions including fixed route, paratransit, demand response, shuttle, university, call center, and rail • More than 320 transit locations across core business segments The scale of our activities means that our core skills are employing and training professional, dedicated employees. We are Committed to our Customers and their safety; procuring, deploying and maintaining a wide variety of vehicle fleets and other physical assets. Our financial strength and stability enables us to stand behind this proposal and keep our commitments to you, our client. We will continue to improve the SLO Transit performance by sharing best practices across our businesses in California and the United States to provide high quality services that are safe, reliable, and meet the needs of the SLO Transit customers. First Transit, Inc. 19 First Transit maintains a strong financial position that creates value to the City of San Luis Obispo. We reinvest in our people, our operations, and the communities we serve. Financial Statement First Transit benefits financially from being part of an international transportation giant – FirstGroup plc. This relationship also benefits SLO Transit by ensuring that you will have a financially stable operator throughout this contract term and in the future. FirstGroup plc is listed on the London Stock Exchange under the ticker symbol FGP. Financial information about the transit segment of FirstGroup plc may be found at www.firstgroupplc.com. Details about First Transit services and the US operations of FirstGroup plc may be found at www.firsttransit.com. Our financial strength and stability enables us to stand behind our proposals and keep our commitments to our clients. First Transit maintains a strong financial position, allowing us to reinvest in our people, our operations and the community we serve. Included under separate cover is our most recent year’s audited financial statement for First Transit’s parent company, FirstGroup America, fiscal year ending March 31, 2015. There are no standalone audited financial statements for First Transit as it is a wholly owned subsidiary of FirstGroup and included as part of the FirstGroup America annual audit. In addition, found under separate cover, is the most current interim financial statement of First Transit. These financial statements demonstrate that we possess substantial financial ability and stability to fulfill our obligations under the terms of this RFP. 5. Pending Financial / Legal issues 5. Are there past, current or pending financial/legal issues that might jeopardize your firm's ability to provide services per the requirements of the attached agreement at the prices quoted by you for the term? (Answer "yes" or "no". If the answer is "yes", give details.) First Transit, Inc. 20 In the past five years, we have participated in litigation at a rate consistent with similarly situated companies. It is routine to engage in legal matters that have no bearing on our ability to fulfill new or existing contracts. The majority of our litigation is minor in nature and is handled almost exclusively by our insurance carrier. Examples of such litigation include insignificant personal injury claims and routine Worker’s Compensation claims. 6. Bankruptcy 6. Has your firm applied for credit protection under any bankruptcy proceedings over the past five years? (Answer "yes" or "no". If the answer is "yes", give details.) Neither First Transit nor our parent companies is currently subject to any lawsuit, court action, bankruptcy, or other matter that would materially affect our ability to complete a contract with The City of San Luis Obispo. To the best of our knowledge, there have been no bankruptcy actions against the offeror or related companies in the last five years. 7. Terminated Contracts 7. Has any public transit operator, since July 1, 2010, terminated a contract with your firm prior to the contract's intended expiration date? Your response must state yes or no. If the answer is yes, the following information must be provided for each contract termination. (a.) Transit operator name and address (b.) Name and telephone number of the primary contract administrator for said transit operator. (c.) Explanatory information. To the best of First Transit knowledge, within the past five years, First Transit has not failed to complete a contract as a result of any default, disqualification or similar situation. As a national provider of transportation services, on rare occasions First Transit may have a contract terminated for convenience due to funding issues or similar circumstances. However, First Transit has been able to successfully work with the customer to achieve contract resolutions that work for both parties. First Transit, Inc. 21 8. Additional Resources 8. Indicate additional resources possessed by your firm which would be available (with or without cost) for SLO TRANSIT to draw upon should the use of such resources be considered by SLO TRANSIT to be of benefit to the system. California Presence With over 70 locations across the State of California, FirstGroup America (including First Transit, First Vehicle Services, First Student and Greyhound) is by far the largest private supplier of transportation services in the state. With the additions of Anaheim Resort Transportation, Pomona Valley Transit Authority and Chapman University, First Transit and First Vehicle Services alone have 39 separate contracts in California. As shown in the map to the left, First Transit and First Vehicle Services’ multiple California locations provide opportunities for shared resources and development of best practices with existing and future First Transit locations. In addition, First Transit can mobilize staff from our First Transit California locations to support the SLO Transit operation in times of need or in the event of an emergency. FGA contributes more to California’s economy than to any other state in the U.S. — well over $175 Million in payroll for our 7,012 California employees. First Transit, Inc. 22 Quality Performance Although the sheer number of our contracts are impressive, what is really important is the quality of service First Transit has brought to each and every one of our locations, the strong relationships with our clients and the improved transportation services for our shared customers. “The local First Transit team is supported by an extensive corporate team that has been invaluable over the years. I am impressed with the depth of available support, the ongoing training provided to the local management team, and the overall approach to employee management.” • Jeanne Krieg, Eastern Contra Costa Transit Authority Chief Executive Officer LONGEVITY Nothing speaks to our strength as a transportation provider like the number of clients who renew contracts with First Transit again and again. First Transit has a strong record company-wide, but even more so with our California locations. Many of our California clients have been with First Transit for two decades or more! 29 Number of years First Transit has operated fixed route and paratransit services for the Eastern Contra Costa Transit Authority in Antioch, CA 36 Number of years First Transit has done business in the State of California 1988 The year First Transit began operating fixed route and commuter express services for Foothill Transit First Transit, Inc. 23 Our Certificate of Good Standing with the California Secretary of State has been in place since 1977. CALIFORNIA HIGHWAY PATROL (CHP) INSPECTIONS We can assure the City that we are committed to operating our facilities in a manner that merits positive ratings from regulatory agencies, including California Highway Patrol (CHP) inspections. We take great pride in our preventive maintenance programs for both fleet and facility and ensure that all aspects of our operation meet our standards for excellence. First Transit has never failed a CHP inspection due to mechanical fault. DBE PARTICIPATION First Transit is committed to providing diverse companies with opportunities to grow and develop. At many of our California operations, First Transit well exceeds the goal set forth by our customers for disadvantaged, small and minority-owned business participation. In 2011, First Transit was nominated for the California Disability Services Association’s Excellence in Employment Award Program for our commitment to diversity in the workplace, demonstrated by our efforts to expand job opportunities for persons with developmental disabilities in San Diego, CA. AWARDS AND RECOGNITIONS The North County Transit District received the Grand Golden Watchdog Award in 2013 after contracting with First Transit to reduce the costs of operations. Through a focus on efficiency, cost savings, and continuous improvement, First Transit saved NCTD approximately $1.9M in the first year, and anticipates approximately $6.4M over the seven year contract. Additional recent transit industry awards in the State of California have included: • Tri Delta Transit, Eastern Contra Costa Transit Authority – named the best system of its size in North America (four million and under passenger category) by the American Public Transportation Association (APTA) for 2014 First Transit, Inc. 24 • Service Provider of the Year from San Andreas Regional Center – Santa Cruz • Certified Community Transit Manager by the CTAA – General Manager Tim McGowan, Concord • CTAA Rural System of the Year – Estuary Transit District • Top Honors, San Diego County Taxpayers Association – North County Transit District Personnel SECTION B SECTION BPERSONNEL First Transit, Inc. 25 SECTION B PERSONNEL Section B – Personnel 1. Management 1. Submit the names, qualifications and availability for the candidates for General Manager, Operations Manager, Maintenance Manager and any other responsible senior management employees. Indicate the name and qualifications of the individual proposed to conduct training and safety activities. Generally describe the other personnel who will participate in the performance of this contract, such as years of experience, skill and availability. Names of management personnel being proposed shall be kept confidential if requested. As the City’s incumbent provider of the SLO fixed route transit services since 2001, First Transit’s local management team dedicated to this project will continue to operate under a system of shared accountability. As part of our Values Pledge, Accountable for Performance, every decision matters; we do the right thing to achieve our goals. All team members will continue to work cooperatively to manage daily responsibilities across functional areas, to provide SLO Transit with quality transit services, and an unparalleled partnership to support your transit goals into the future. Responsibilities for individual team members are aligned with First Transit’s Values, and your specific goals, to maintain the highest level of safety, customer care, account service, and professionalism. First Transit, Inc. 26 S LO Transit Local Management and Staff The key to a successful operation is an experienced, motivated, and high- performing management team. As the incumbent provider of these important transportation service, First Transit’s successful management team is already in place, and provides knowledge, experience and stability that none of our competitors can provide. Our management team brings proven knowledge of the transit industry and the service area, experience leading successful organizations, including SLO Transit, and the energy and passion for delivering efficient operations. A representative from the management team will always be on call to respond to SLO Transit concerns or emergencies, ensuring proactive and responsive service 24 hours a day. Resumes for our key SLO Transit project personnel have been included as an Attachment. Local Transit Expertise Our local management team brings experience leading the SLO Transit fixed route services, proven knowledge of the transit industry, and the energy and passion for delivering efficient operations. First Transit, Inc. 27 ALFRED RUSCO, GENERAL MANAGER First Transit is pleased to propose that Alfred Rusco continue in his position as General Manager for the SLO Transit operation. An effective manager with over 15 years of transportation experience, Al has led SLO Transit fixed route services for the past four years. He began his employment with First Transit in 2002 as a driver at our Hearst State Monument location in San Simeon, CA. In 2007, he was promoted to General Manager of our San Simeon contract operation. Al maintains a professional environment that allows SLO staff and First Transit employees to work as a team and promotes a safe, efficient, and customer-friendly culture in First Transit’s service delivery to the City. During his four-year tenure at SLO Transit, Al has made many vital contributions in areas of operations, customer service, union relations, and employee development. Al has built a strong open and cooperative relationship with the City, while fostering and maintaining a highly qualified management team. He has used insights developed from daily operations to assist the City with service changes and improvements, including new tripper routes and improved practices to increase on-time performance, for example. Most recently, Al was proud of the Kennedy Library tripper service that the City implemented, allowing most every SLO Transit route to provide connections to this new service that operates during peak weekday morning periods. In addition, he collaborated with the Union to develop a positive work environment. His management and operational leadership contributed to a positive rider survey for SLO Transit and he received an excellent client survey for each year of management. Accomplishments Relevant to SLO Transit Over 15 years of transportation experience in roles of General Manager and Bus Operator Successfully leading the SLO Transit fixed route services for the past four years Received an “Excellent” client survey for each year of management First Transit, Inc. 28 Al is dedicated solely to SLO Transit, performing all on-site management duties on your behalf, and with complete decision-making authority regarding the operation of transit services. He is dedicated to this project 100% and will not be assigned partial responsibility for any other transportation operation while serving in the capacity of General Manager. Responsibilities • Primary Contact – Serves as the primary contact for SLO Transit. • Performance Management of Personnel – Responsible for the performance of her managers, contract compliance, and ultimately all operators, dispatchers, technicians, and all other personnel who serve SLO Transit. • Employee Relations – Responsible for talent recruiting, hiring, employee retention, motivation, labor relations, and work force planning and allocation. • Operational Oversight – Responsible for successful operations, maintaining corporate policies and procedures, maintaining and reporting on expenses and revenues, managing all assets, and monitoring service performance goals. • Operational Data – Responsible for collecting, maintaining, and reporting on all operational data, with support of First Transit’s Regional Vice President Don Swain. • Safety and Security – Responsible for the safety and security of passengers, employees, fleet, and facilities by assuring that standards for safety, customer service, and professionalism are maintained throughout the region. This includes proper fleet and facility maintenance and repair. • Regulatory Compliance – Responsible for all governmental regulations, and compliance with Local, Regional, State and Federal established standards and procedures. • Community Relations – With assistance from Region Vice President Don Swain and First Transit’s Senior Vice President Nick Promponas, Al Rusco will continue to Commitment -“I like the sense of accomplishment when a day goes well. I enjoy supporting my employees and working closely with our client to create solutions to improve services. We have had positive feedback from our MTC meetings.” -Alfred Rusco General Manager First Transit, Inc. 29 maintain a positive community presence and be responsible for all community outreach activities. He also will remain ready to respond to any issues related to service delivery. Led by Al Rusco, First Transit’s management team is responsible for promoting and maintaining effective communications throughout the local staff. • Lines of authority are clearly defined • Proper resources are allocated to maintain a high level of employee performance • Employee expectations have been established and agreed upon • Performance reviews are conducted to measure employees’ progress toward goals • Open channels of communication have been assured throughout the organization Al will continue to have direct reports representing the areas of operations, maintenance, driver development and safety, passenger service/community engagement, sustainable environmental services, accounting, and human resources. JOHN GUYTON, OPERATIONS MANAGER / SAFETY MANAGER First Transit is very pleased to propose that John Guyton to continue as Operations / Safety Manager for SLO Transit operations. John has been in the transportation industry for over a decade. He began his career with First Transit in 2008 as Operations Manager of our Hearst Castle contract location in San Simeon where he supervised 28 employees of the 15 transit vehicle operation. His management style contributed to a safe and efficient operation, as well as high employee morale that helped ensure unsurpassed safe, caring customer service. Accomplishments Relevant to SLO Transit Over 10 years of experience in the transportation industry, with the past 4 years at SLO Transit as Operations/ Safety Manager Provides quality training & enforcement that effectively reduced accidents by 50% Redesigned driver check-in process & forms, reducing scheduling conflicts Developed bus fuel status and refueling schedule to ensure buses are fueled and to alert dispatch if a bus is low on fuel First Transit, Inc. 30 In 2012, John was promoted to Safety / Operations Manager and was transferred to our San Luis Obispo location where he gained substantial knowledge of all aspects of transit operations including human resources, finance, safety, and maintenance. Each day, he is committed to ensuring that First Transit’s operation meets all federal guidelines. He established a professional environment, which fully supports a collaborative working relationship between SLO and First Transit employees and contributes to a safe, efficient, and customer-friendly SLO passenger experience. In his four years of service at SLO transit, John has made many positive contributions to the service delivery for SLO Transit and achieved a strong working relationship with staff. In particular, he improved relations with City Managers and assisted with planning and development of two new routes. His focus on quality training and enforcement led to a 50% reduction in accidents. Moreover, he redesigned and developed the driver check-in process and forms, reducing scheduling conflicts. He also developed the process and forms for bus fuel status and refueling schedule, ensuring all buses are fueled and alerting dispatch if a bus is low on fuel. John will continue to direct day-to-day operations of SLO Transit, including supervision of staff, performance monitoring, safety oversight, and prompt resolution of service concerns. Responsibilities • Management Support – Accountable to General Manager Al Rusco for the quality of service delivery, and supports the General Manager with daily operational activities. • Employee Relations – Supervises recruiting efforts, conducts reference checks and DMV verification for prospective employees, processes new hires, oversees Teamwork “Our entire team works well together and we thrive on making the client happy. I also take great satisfaction in seeing employees reach that point of full understanding and confidence that comes from learning to deliver good service.” -John Guyton, Operations / Safety Manager First Transit, Inc. 31 physicals and drug/alcohol testing, and monitors credentials and licenses. He remains the first-line supervision of location employees, and is responsible for compliance with company policies and procedures, as well as coordination of operations staffing. • Operational Oversight – Oversees road supervision activities, including route assignments and the coordination of open or closed routes; assists operators with manifest issues; counsels and supports operators on operational, safety and attendance related issues; and coordinates paperwork flow with administration, management, and SLO Transit. • Safety and Security – Maintains Safety Action Plan, chairs the Safety Solutions Team, conducts monthly safety meetings, conducts observed and unobserved ride checks, reviews accidents and incidents with operators, and assigns refresher training or recommend disciplinary action, as needed; gathers information, investigates, and reports on safety, accident, and Worker’s Compensation issues. • Customer Service – Ensures that SLO Transit services are provided in a safe, reliable and timely manner, and conducts semi-annual location audits to maintain performance standards. He responds to customer commendations, complaints and concerns. First Transit’s team will uphold our Vision and Values, providing SLO Transit with exceptional transit service while adhering to our strict codes of ethics and safety. First Transit, Inc. 32 NATHAN RAY, MAINTENANCE MANAGER First Transit is also very pleased to propose that Nathan Ray continue as Maintenance Manager for SLO Transit services. He is proud to be an established resident of SLO County since 2002. Nathan has over 30 years of mechanical repair experience and is an ASE Master Certified Technician. Nathan has been with First Transit for over 10 years, starting as a driver at First Transit’s Hearst Castle operation in 2003 and then as Lead Technician in 2006. In April of 2012, he became Maintenance Manager at our SLO Transit location and has continued the high maintenance and safety standards that First Transit expects from all of its maintenance teams. More importantly, Nathan’s leadership has resulted in improved maintenance, always concentrating on providing the City a reliable and safe fleet of buses. Nathan takes pride in ensuring a safe, reliable, and clean fleet of fixed route buses for the SLO public transportation. A safe, reliable, and clean fleet for the SLO Transit system will continue to be the top priority in performing his job duties. He is responsible for maintaining ASE Blue Seal Shop certification that First Transit achieved in July 2013 for the City’s bus maintenance operation. He is also responsible for Accomplishments Relevant to SLO Transit Over 30 years of mechanical repair experience Improved PM process for SLO Transit system with more in-depth safety inspections, reducing unnecessary repairs and road calls ASE Master Certified Technician First Transit, Inc. 33 maintaining Bronze Status in the Lean 5S Shop Efficiency Program. Nathan developed and implemented improvements to Preventive Maintenance Inspections sheets, now requiring a more in-depth inspection of the idler bearings, belts, pulleys, water pump, cooling system, batteries, and fare boxes. The PMI improvements significantly reduced vehicle repairs and road calls associated with the failure of these system parts. He was effective in establishing inventory controls to ensure sufficient stock levels of frequently-used preventive maintenance parts and parts that take more than two days to stock. His current ASE Master Certifications include: • Compressed Natural Gas Engines • Diesel Engines • Drive Train and Transmission • Brakes • Suspension and Steering • Electrical / Electronic Systems • Heating, Ventilation, and Air Conditioning • Preventative Maintenance and Inspection Nathan Ray will continue to provide direct maintenance management oversight for SLO Transit. He will continue to be responsible for all SLO Transit fleet maintenance, repair, and cleaning activities, along with personnel management, safety and security oversight, SLO Transit asset control, parts inventory and implementation of suggestions for continuous process improvements. Customer Focus -“First Transit focuses on employees and the client. I have been treated well and have been motivated to focus on safety and continual improvement in the reliability and cleanliness of SLO Transit’s fleet. It’s a good company to work for.” -Nathan Ray, Maintenance Manager First Transit, Inc. 34 Responsibilities • Employee Relations – Responsible for recruiting, selecting, training, evaluating, and supervising all maintenance personnel; as well as maintaining an adequate workforce to ensure that the department runs effectively and efficiently. • Management Support – Consult with General Manager Al Rusco to prepare departmental budgets. • Operational Oversight – Schedules and allocates all fleet and facility maintenance resources including preventive maintenance, repairs, troubleshooting, and cleaning programs; develop periodic or seasonal maintenance campaigns as needed; maintains and secures appropriate parts and fluids inventory; coordinates maintenance subcontracts; and maintains accurate maintenance records. • Safety and Security – Ensures compliance with SLO Transit and First Transit Preventive Maintenance (PM) Programs and safety inspection schedules; manages shop safety programs; performs safety inspections; oversees the security of vehicles, tools, equipment, buildings, fuel, parts, fares, and all other system assets; and coordinates with law enforcement, fire, and other safety-related agencies to ensure security and regulatory compliance • Continuous Improvement – Attends or arranges seminars and training sessions, as needed; suggests process improvements based on maintenance data; works with bus manufacturers, equipment suppliers and other maintenance professionals to understand industry best practices; and implements improvements to manage an effective bus maintenance shop. HECTOR TORRES, ROAD SUPERVISOR Hector has been with First Transit since April 2013, first starting out as a Transportation Specialist. Within eight months of his employment, he was cross-trained as the Mid-Shift Dispatcher, which led to learning the positon of both opening and closing Dispatcher. He was promoted in August 2015 to Road Supervisor and has since gained substantial knowledge of all aspects of SLO Transit operations. He establishes a professional environment where First Transit employees work collectively to promote a safe, efficient, and customer-friendly experience for the ridership of SLO Transit. LEA ANN MURPHY, DISPATCHER Lea Ann has been dispatching for SLO Transit since June 2008. Lea Ann is able to handle numerous customer calls, dispatch drivers, and maintain logs of activities—all while also maintaining a calm, professional demeanor in a busy work environment. She is highly First Transit, Inc. 35 skilled and knowledgeable regarding route and time schedules, in addition to extensive operations experience. She is a dedicated, valued and key team member committed to the safe and timely transportation of SLO Transit passengers. JAMES PA RRY, DISPATCHER Jim started with First Transit in San Luis Obispo in 2002. He drove for four and a half years with a perfect driving record. In 2006, he was promoted to Dispatcher. He fills in as Road Supervisor and has a TSI training certificate from the Department of Transportation. He has served as a Behind the Wheel trainer in San Luis Obispo and has even assisted a First Transit location in Denver, Colorado with Behind the Wheel training. He has worked all dispatch shifts and has excellent knowledge of all routes. He handles all emergency situations in a professional manner and is an asset to the City and the service we provide. BILL FOX, DISPATCHER Bill has been providing dispatching services for First Transit since 2014. Bill is effective at multi-tasking, able to handle numerous customer calls, schedule appointments, dispatch drivers—all while consistently maintaining a calm, professional demeanor in a busy work environment. He is highly skilled with AVL technology and is capable of driving all routes if needed. He is a dedicated, valued and key team member committed to the safe and timely transportation of SLO Transit passengers. BRIAN SCHOLFIELD, DISPATCHER Brian has been with First Transit since March 2014. He was initially hired as a river. He was quickly trained as a relief dispatcher, able to cover all scheduled shifts. In February 2015, he was promoted to a full-time dispatcher. Brian has also been certified as a driver trainer which gives him additional expertise in dealing with new employees as well as successfully assisting operators when faced with challenges in service. RON BOYER, TECHNICIAN Ron joined the First Transit maintenance team at SLO Transit in June 2014, bringing with him over thirty years of maintenance and repair experience. Prior to arriving at SLO Transit, Ron was Lead Technician at the First Transit Paso Robles location and is fully integrated in First Transit’s high standards for maintenance and safety. His strong work ethic and ability to quickly and accurately diagnose and repair the SLO Transit vehicles has helped to First Transit, Inc. 36 ensure a safe and efficient fleet. Ron has been a resident of San Luis Obispo County for 39 years. His current ASE Certifications include: • Diesel Engines • Drive Train and Transmission • Brakes • Electrical / Electronic Systems • Preventative Maintenance and Inspection KIM LARA, ADMINISTRATIVE ASSISTANT Kim first came to First Transit in 2009 as a driver, then quickly moved into an Administrative Assistant position. Kim accurately enters route mileage as well other information required and requested by SLO Transit. With a high degree of accuracy, she counts, records, and deposits the daily fares. Kim can work very comfortably in the Infor EAM data system, QQuest payroll system, as well as various Microsoft Office programs. Her more than 20 years in mass transportation and an in-depth knowledge of the streets of San Luis Obispo makes her a valuable substitute and asset in Dispatch. SLO Transit Region Management Team Supporting SLO Transit will be First Transit’s Region Management Team. These diverse and highly qualified individuals will continue to provide experienced support throughout the operation, including the areas of safety, training, maintenance, administration, accounting, insurance claims management, and human resources. NICK PROMPONAS, SENIOR VICE PRESIDENT Nick leads First Transit’s regional team, managing operating contracts in the Western United States and Alberta, Canada. He has nearly 30 years’ experience in the transit industry, including over 20 years with First Transit. He has managed in all of our product lines including Transit Management, Call Centers, and Transit Contracting. Nick knows virtually every level of transit industry. He began his career as a bus operator for the student-run transit service at his alma mater, Bridgewater State College, where he earned a Bachelor of Science degree in Industrial Psychology. Nick has served as both an At-Large Board Member of the American Public Transportation First Transit, Inc. 37 Association (APTA) and as the Chair of the Arizona Transit Association’s Training and Education Committee. He is also a graduate of Leadership APTA and serves as a Board Member of About Care, a non-profit organization services to the elderly and home bound in the East Valley of Phoenix, AZ. DON SWAIN, REGION VICE PRESIDENT – NORTH Don is headquartered in Gresham, OR, and has more than 30 years’ experience in the passenger transportation industry. He has been in management positions and has served as a consultant for operations, safety, and risk management. Don provides managerial and technical support to First Transit’s operations in Northern California, Oregon, and Washington. He directly supports the activities of our General Manager for the SLO Transit contract, and will remain directly accountable for SLO Transit operations. Don is on-site periodically to assist our resident management team and provide support for the City. LORA MALLORY, DIRECTOR OF OPERATIONS – NORTH Lora reports to Don Swain, Regional Vice President. As Director of Operations, with over 15 years’ experience, she provides operational, planning, and administrative support for the company’s transit projects in Northern California, Oregon, Washington and Northern Nevada. Lora is also responsible for budget preparation and project staffing levels. She works closely with our General Managers to provide assistance and training in route scheduling. Lora also will fill-in for managers on vacation or on other time off, as needed. GRANT HENDRICK, DIRECTOR OF MAINTENANCE Grant has more than 32 years’ experience in bus fleet maintenance. He provides oversight of regional maintenance functions, in the Western US and Western Canada. In his role Grant carefully monitors budget preparation, maintenance expenses, maintenance standards, repair efficiencies, and maintenance training programs. He is currently responsible for more First Transit, Inc. 38 than 2,700 diesel, CNG, LNG, and propane-powered vehicles, including cutaways, transit buses and OTR coaches. BLAKE VAUGHAN, SENIOR DIRECTOR OF SAFETY Blake has nearly 40 years of transportation experience and has earned a Master Degree in Business Administration. As Senior Director of Safety, Blake provides front-line safety and security support for First Transit's public transportation operations in the United States and Canada. Blake also leads our regional safety team and has oversight for the safety analysis of operations for the West Region. He formulates action plans for accident reduction, Worker’s Compensation claims management, Injury reduction, and safety management. He and his team also evaluate and train our driver trainers and work closely with our Operations and Safety Managers to help them understand and follow company and SLO Transit policies and procedures. Blake is located in Vancouver, WA. AMY THERIEN, DIRECTOR OF HUMAN RESOURCES Amy has over 14 years of experience in the field of Human Resources. Starting her career as a Supervisor of Recruiting in 1997 in the theme park industry, she was able to progressively increase her responsibilities to the position of Vice President, Human Resources for Great America Theme Park and Bonfante Gardens in California. She earned her Professional in Human Resources certification in 2001. Amy currently serves as Director, HR-Central and provides human resource oversight and assistance to the Central Region including Minnesota. First Transit, Inc. 39 2. Organizational Chart 2. Describe how the proposed operation would be organized. An organization chart must be attached indicating all job classifications in the organization and the number of employees (split between full- time and part-time) which would be used in each job classification. Provide a brief description of the duties of each position. Provide any information on the firm's personnel or management approach that would assist in determining the quality of the proposed organizational approach. Proposed Staffing Plan First Transit conducts a thorough analysis of current operations to determine proper staffing levels in the development of our proposals. This analysis includes review of First Transit’s current operations of similar size and scope, as well as understanding local employment trends as they relate to the SLO Transit fixed route operation. To determine adequate staffing levels, we consider: • Calculation of staffing by RFP revenue hours • Estimation and analysis of employee turnover rates at similar locations • Data of staff call-off tendencies • Historical review of projected overtime hours compared to actual usage Upon contract award, we continue to monitor staffing levels and employee development to make adjustments as necessary to ensure optimal contract performance. First Transit Sets the Highest Standards and we are Accountable for our Performance. We ensure that every employee providing service to the SLO Transit system has the skills needed for exceptional customer service, and the management support for success every day. Our review of staffing levels and development includes: • Planning training classes for anticipated staff needs • Conducting refresher training sessions, as needed • Managing and adjusting extra board driver hours, as needed • Using standby operators to review schedules with Dispatcher staff • On-road training with road supervisors and substitute operators • Reviewing probationary employee development for success All of these efforts allow us to better maintain costs, adhere to schedules, maximize on- time performance, promote professionalism, and meet all of the City’s quality and customer service requirements. First Transit, Inc. 40 Organizational Chart SLO Transit Al Rusco General Manager John Guyton Operations Manager/Safety Manager Hector Torres + 1 FTE & 1 PTE Road Supervisors FTE: Lea Ann Murphy, James Parry, Bill Fox, & Brian Schofield Dispatchers 23 FTE, 5 PTE Operators Nathan Ray Maintenance Manager FTE: Ron Boyer, OPEN position Technicians PTE: Francisco Nanez Fueler PTE: Toby Mansker Bus Washer PTE: Maria Morales & Joe Morales Bus Detailers Kim Lara Admin. Assistant First Transit, Inc. 41 Proposed Weekly Staff Schedules Our proposed staff schedules for this project are provided as follows: Operating Staff (Hours will change due to system demands) GM Al Rusco SUN MON TUES WED THUR FRI SAT START TIME *Off 7:00 7:00 7:00 7:00 7:00 *Off END TIME Off 17:00 17:00 17:00 17:00 17:00 Off OM/SM John Guyton SUN MON TUES WED THUR FRI SAT START TIME *Off 7:00 7:00 7:00 7:00 7:00 *Off END TIME Off 17:00 17:00 17:00 17:00 17:00 Off MM Nathan Ray SUN MON TUES WED THUR FRI SAT START TIME *Off 9:00 9:00 9:00 9:00 9:00 *Off END TIME Off 19:00 19:00 19:00 19:00 19:00 Off Admin Kim Lara SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 9:00 9:00 9:00 9:00 9:00 Off END TIME Off 15:30 15:30 15:30 15:30 15:30 Off 30 *Off - Key Staff available on weekends as necessary Dispatch Position 1 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off Off 4:45 4:45 4:45 4:45 7:00 END TIME Off Off 13:00 13:00 13:00 13:00 15:00 41 Position 2 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 7:00 Off Off 15:30 15:30 15:30 10:00 END TIME 15:00 Off Off 23:30 23:30 23:30 18:00 40 Position 3 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 11:00 10:30 Off Off 10:30 10:30 12:00 END TIME 19:00 18:30 Off Off 18:30 18:30 20:00 40 Position 4 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME R/S 15:30 15:30 10:30 Off Off R/S END TIME R/S 23:30 23:30 18:30 Off Off R/S 24 Position 5 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME R/S 4:45 10:30 Off Off Off R/S END TIME R/S 13:00 18:30 Off Off Off R/S 16.25 First Transit, Inc. 42 Road Supervisors Position 4 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 7:00 Disp Disp Disp Off Off 7:00 END TIME 15:00 Disp Disp Disp Off Off 15:00 16 Position 5 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 11:00 Disp Disp Off Off Off 12:00 END TIME 19:00 Disp Disp Off Off Off 20:00 16 Position 6 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 6:00 6:00 6:00 6:00 6:00 Off END TIME Off 14:30 14:30 14:30 14:30 14:30 Off 40 Position 7 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 14:30 14:30 14:30 14:30 14:30 Off END TIME Off 23:00 23:00 23:00 23:00 23:00 Off 40 Maintenance Staff (Hours will change due to system demands) Technician 1 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 9:00 9:00 9:00 9:00 9:00 Off END TIME Off 17:30 17:30 17:30 17:30 17:30 Off 40 Technician 2 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 10:30 10:30 10:30 10:30 10:30 Off END TIME Off 19:00 19:00 19:00 19:00 19:00 Off 40 Fuelers* SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off 18:00 18:00 18:00 18:00 18:00 Off END TIME Off 0:00 0:00 0:00 0:00 0:00 Off 30 Washer/Cleaners SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 8:00 18:00 18:00 18:00 18:00 18:00 8:00 END TIME 17:30 0:00 0:00 0:00 0:00 0:00 17:30 46 *If a bus needs fuel on the weekend, our operating staff will fuel the vehicle First Transit, Inc. 43 J ob Descriptions First Transit will maintain a professional management team, operations staff, and support personnel to serve the SLO Transit’s complete fixed route needs. The following is a brief overview of each job description. Position Responsibilities General Manager Complete oversight of operations, maintenance, safety and administrative duties Primary liaison with customer Provide leadership and support for all project personnel Maintain strong safety culture and encourage continuous improvement Operations Manager/ Safety Manager Safe, efficient, and successful service delivery Focus on achieving key performance indicators Customer service levels with operations and driver personnel Accident investigation and reporting Classroom training for vehicle operations, customer relations, passenger assistance and defensive driving Behind-the-wheel training Coordinate safety meetings Dispatcher Manage on-time performance of bus operators Continual service monitoring utilizing scheduling system Immediate response to operational issues Road Supervisor Communicate job requirements and responsibilities to drivers First-line supervisors for drivers, customer response, driver field evaluation and accident first-responders Observe drivers on the road, correct safety problems on the scene, document violations On-street presence and supervision for operators, passengers and public Assist dispatchers with on-time vehicle operations Advise operators and dispatchers of street conditions and hazards Immediate response to accidents, injuries and mechanical breakdowns Vehicle Operators Primary passenger-relations contact Provides safe transportation and exceptional customer service to the passengers First Transit, Inc. 44 Position Responsibilities Perform scheduled runs, assist passengers as needed, complete pre-trip and post-trip vehicle inspections Maintenance Manager Oversee exceptional quality and efficiency of maintenance Schedule and administer fleet maintenance, coordinating vehicle availability with dispatch and operations Assist in troubleshooting equipment issues Ensures proper training of maintenance technicians Fueler Fuel service vehicles Bus Washer Clean exterior and interior of service vehicles Bus Detailer Detailed interior cleaning of service vehicles Technician Vehicle safety, repair, and preventive maintenance Diagnosis and repair of mechanical, electrical, hydraulic, fuel, and other vehicle and equipment systems Administrative Clerk Clerical and administrative duties to ensure that all contractual and legal mandates are met Maintain contract files and records Prepare contract correspondence, manager reports, meeting agendas, and schedule appointments and meetings for management 3. Job Classifications 3. For each job classification shown in the organization chart submitted above, list the proposed wage scale include both training and starting wages, if different. Include any budgeted step increases, cost of living adjustments and/or wage scale increases and the time period between such increases. In addition, use the following format to show the average wage scale used to develop the proposal budget. First Transit, Inc. 45 Average Hourly Wage Classification Job Number of Positions Total Labor Hours (annual) Year #1 Year #2 Year #3 Year #4 General Manager 1FTE Confidential Confidential Confidential Confidential Operations Mgr./ Safety Mgr. 1FTE Confidential Confidential Confidential Confidential Maint. Mgr. 1FTE Confidential Confidential Confidential Confidential Admin. Asst. 1PTE 1,560 16.98 17.29 17.60 17.92 Road Supervisors 2 FTE, 1 PTE 5,907 17.11 17.42 17.73 18.05 Dispatchers 4 FTE 8,445 16.84 17.15 17.45 17.77 Technicians 2 FTE 4,202 20.68 21.05 21.43 21.82 Fueler, Washer, Detailer 4PTE 3,151 12.24 12.46 12.68 12.91 Operators* 23 FTE, 5 PTE *46,451 15.49 16.01 16.54 17.06 Operator Training Wage 13.64 14.04 14.47 14.90 * total operator hours is inclusive of all payroll hours including revenue, nonrevenue, paid time off, training, etc. Operator wage scales are subject to collective bargaining. 4 . E mployee Benefits and Wages 4. Please describe the proposed fringe benefit package in detail including a description of each benefit to be provided including, but not limited to the availability and value of such potential items as vacation; sick leave; holidays; and, health coverage such as medical, dental, vision and disability. This description must include the dollar value of such benefits; the employee cost or percentage share of those costs; the positions to which they apply; minimum employee eligibility requirements; whether it is employee-only or full dependent coverage; the specific coverage description; and, how long an employee must wait to begin receiving the benefit. The above list of possible benefits is for illustration purposes only and is not intended to prescribe the type or value of the benefits to be provided to any or all project employees. This level of detail, however, is essential for the fair and complete evaluation of the proposals received. First Transit, Inc. 46 To attract and retain outstanding employees in San Luis Obispo, we offer a benefits and wage package that is highly competitive, along with a supportive workplace that fosters professional development and personal growth. This includes: • Competitive wages and benefits • Performance incentives based on attendance and safety • Immediate and constant communications with employees • Clearly defined work rules • Consistent, fair treatment of all employees • An open-door policy on the part of corporate, managerial and supervisory staff Improving employee morale and minimizing workforce turnover is critical to meeting First Transit’s high standards for performance. A stable, experienced workforce provides a consistently high level of safety, quality, and customer service. First Transit, Inc. 47 Employee Benefits Program First Transit understands the importance of the most appropriate benefits package to promote employee retention and satisfaction. As described below, our benefits include medical, dental, vision, as well as life insurance, disability, and vacation/holiday. BENEFIT ELIGIBILITY New employees are eligible the first of month following 30 days of employment. All full time and part time union employees with a scheduled shift, and full time non-union employees are eligible for medical, dental and vision insurance coverage, as well as paid time off. All employees will be eligible to contribute to our 401K plan after thirty (30) days of employment. MEDICAL All First Transit union employees and full time nonunion employees have the option of selecting from our medical account plans (MAP 1 and MAP 2), with the option of covering any eligible dependent including domestic partners. These consumer driven health plans have set deductibles along with co-insurance. Employees are permitted to contribute into health savings account based on IRS contribution limits. See details of this plan in table below and in the Attachments section of this proposal. We encourage our employees to be health-consumers. To assist, employees enrolled in our MAP plans will receive the following benefits covered 100% by the plan: • Routine Physical Exam • Well-Baby Care • Routine Gynecological Exams • Routine mammograms • Colorectal Cancer Screening • Preventative Medicine, see our approved medication list WELLNESS Our enrolled employees will have access to tools to help meet health and wellness goals. We offer several options for employees to earn monetary rewards to be deposited in their health savings account. First Transit, Inc. 48 DENTAL Our employees have the option of selecting a PPO plan. This plan assists with dental care including routine exams, fillings, and orthodontics. See details of this plan in table below and in the Attachments section of this proposal. VISION Our employees are currently offered a company vision plan. This plan assists with a yearly eye exam, lens and frames. Full details of this plan can be found as an Attachment. ADDITIONAL BENEFITS INCLUDE: • Employee Pride Incentive Program - Our location has an incentive program with small gift rewards for participation in certain safety campaigns, charity involvement, and overall job performance • Employee Attendance Incentive Bonus Days – If an employee achieves perfect attendance for a period of three (3) calendar months, one Incentive Bonus Day is granted, up to a maximum of four (4) Incentive Bonus Days each year. Please refer to Section E. Miscellaneous Requirements of this Technical Proposal for full details of our employee incentive program. • Sick/ Personal/ Vacation Time Off – Please see table below with specific information on paid time off for San Luis Obispo employees. • Holidays – Eligible employees will receive holiday pay as outlined in the table below. First Transit, Inc. 49 Coverage costs apply to full/ part time union employees, and full time non-union employees – San Luis Obispo Location Coverage Map 1 Medical Map 2 Medical Dental PPO Vision *EE Monthly Cost *EE % of Cost *EE Monthly Cost *EE % of Cost *EE Monthly Cost *EE % of Cost *EE Monthly Cost *EE % of Cost EE Only $89.38 17% $138.77 24% $20.96 75% $6.11 100% EE + Spouse $226.91 21% $328.76 27% $41.93 75% $11.99 100% EE + 1 Child $226.91 21% $328.76 27% $41.93 75% $11.99 100% EE + Children $323.10 21% $466.44 28% $68.27 75% $17.29 100% EE + Family $323.10 21% $466.44 28% $68.27 75% $17.29 100% EE + DP $226.91 21% $328.76 27% $41.93 75% $11.99 100% EE + DP + Child(ren) $323.10 21% $466.44 28% $68.27 75% $17.29 100% *Employee monthly costs are current, but are subject to adjustment annually Descriptions of each coverage noted above can be found as Attachments Eligibility begins at the first of the month following 30 days of employment Paid time off is available to full and part time union employees, and full time non-union employees Vacation - Union & Full-time Staff One week After one year of employment Two weeks After two years of employment Three weeks After five years of employment Four weeks After ten years of employment Holidays - Union & Full-time Staff Seven days plus one personal day per year Sick Pay (All Employees) Three days per year First Transit, Inc. 50 Benefit Option Full Time Hourly Salary Short Term Disability Employer provided weekly benefit of 60% of weekly salary up to a maximum of $100. Employer provided weekly benefit based on employee's years of service. Less than 1 year of service: 100% of pay for first month, 60% of pay for next four months. 1 - 5 years of service: 100% of pay for three months, 60% of pay for next two months. 5 + years of service: 100% of pay for five months. Voluntary Short Term Disability Employee paid options of 60% of weekly salary up to a maximum of $100, $150, $180. Not Applicable Voluntary Long Term Disability Employee-paid options of 40%, 50%, 60% of salary, up to a monthly benefit of $8,000. Employee-paid options of 40%, 50%, 60% of salary, up to a monthly benefit of $8,000. Life and Accidental Death & Dismemberment Employer provided $10,000 benefit for life Employer provided $10,000 benefit for accidental death & dismemberment. Employer provided benefit of one times annual salary for life and for accidental death & dismemberment. Voluntary Life and Accidental Death & Dismemberment Employee-paid options available for employee, spouse/domestic partner, children. Employee-paid options available for employee, spouse/domestic partner, children. Dependent Care Flex Spending Account Employee funded account for dependent care expenses. Employee funded account for dependent care expenses. First Transit, Inc. 51 Benefit Option Full Time Hourly Salary 401K Retirement Union and nonunion hourly Employees are eligible to participate after 30 days of employment. For nonunion employees, after 1 year of employment; employer will match 50% of your contributions up to 6%. Employer contribution vesting schedule is as follows: After 1 year of service- 33% After 2 years of service - 67% After 3 years of service - 100% Employees are eligible to participate after 30 days of employment. After 1 year of employment; employer will match 50% of your contributions up to 6%. Employer contribution vesting schedule is as follows: After 1 year of service- 33% After 2 years of service - 67% After 3 years of service - 100% 5. California Labor Code Sections 1070-1074 5. What is your firm's intention regarding the use of the current contractor's employees subject to the provisions of California Labor Code Sections 1070-1074? In accordance with applicable State Labor Codes, SLO TRANSIT shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor for a period of not less than 90 days. Information including the current number of employees, wages, benefit levels, and job classifications of employees performing services under the existing contract shall be made available upon request to any entity that the awarding SLO TRANSIT has identified as a bona fide bidder. To receive this preference, the successful contractor or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. First Transit is the incumbent provider of the SLO Transit fixed route services. First Transit will comply with the provisions of the California Labor Code Sections 1070-1074. We plan to retain our current employees under a new contract and will honor the existing collective bargaining agreement in place with the Teamsters. It is important to point out that First First Transit, Inc. 52 Transit will not attempt to win back your business by reducing our employee’s compensation and benefits under a new contract. Operational Approach SECTION C SECTION COPERATIONAL APPROACH First Transit, Inc. 53 SECTION C OPERATIONAL APPROACH Section C – Operational Approach 1. Start-up Plan 1. Provide an overview of your start-up approach and transition plan from the existing contractor to the new contractor and attach an implementation schedule outlining the steps to be taken up to the point of the beginning of the operation of the service. This transition plan must demonstrate that the proposer has thoroughly considered all that needs to be done to transition to the new contract with minimal service disruption and minimal assistance from SLO TRANSIT staff. The startup plan is to assume that the contract is awarded on May 3, 2016 and that the first day of service under the new contract will be July 1, 2016. As the incumbent fixed route services provider in San Luis Obispo since 2001, First Transit is the only contractor who can provide a truly seamless transition to a new contract. SLO Transit and its riders will continue to see the high quality service they have come to expect from us without any disruptions. First Transit maintains a full complement of staff on-site at SLO Transit, which is led by the General Manager Al Rusco to ensure a smooth transition into the next contract, Al Rusco and Region Vice President Don Swain will meet with SLO Transit to ensure that all required program plans are delivered on-time for the new contract. Upon contract award, Al Rusco and Don Swain will meet with SLO Transit to finalize the transition plan, including confirming: • Key personnel • Timelines for completion of audits • Roles and responsibilities • Hiring as needed • Compliance with all milestones We will also establish a schedule for weekly (or more frequent) meetings to monitor progress and resolve any issues and concerns throughout the transition period. As the current operator of the SLO Transit services, we foresee no concern in the continuation of our operation, and the transition of services to the new contract. First Transit, Inc. 54 Start-up Activities As the current fixed route service provider to SLO Transit, First Transit’s transition activities focus on a review of our service with the new contract term. Milestones for our transition include items such as reviewing our current policies and procedures, auditing our operations, and setting goals and objectives for continuous improvement in the future. Based upon the information provided in the RFP, as well as our long-term experience with and understanding of the services to be provided, we have included a schedule for the transition of the new contract. Task Begin Date End Date Transitional Timeline and Scope of Service Review Statement of understanding of service standards, contract negotiations with the City of San Luis Obispo (tentative dates) Apr 11, 2016 Apr 22, 2106 Board award by SLO Transit and authorization to execute contract May 3, 2016 Contracted approved and signed by SLO Transit and First Transit May 4, 2016 Notice to Proceed issued to First Transit May 4, 2016 As the successful incumbent provider, First Transit is the only contractor that can provide a truly seamless transition to a new contract. SLO Transit riders will continue to receive high quality service they have come to expect from First Transit without disruption. First Transit, Inc. 55 Scope of Service Implementation – With SLO Transit Review Review current fleet condition, replacement schedule, history May 30, 2016 Review recruiting/hiring/training standards May 13, 2016 Review facility roles and changes to responsibilities for facilities with the City May 13, 2016 Review technology changes, new implementation, if any. May 13, 2016 Review road supervisor/dispatch scheduling with SLO May 30, 2016 Labor Negotiations, Recruitment, Training and Staffing Requirements Review current staffing and confirm any changes, CBA and non-CBA employees May 13, 2016 Implement recruitment plan for interviewing and selection for any openings, if necessary May 13, 2016 Review current drug and physical examination locations In place Review existing operator, technician and supervisor personnel files, licenses, etc. to confirm qualifications prior to new contract start date. May 30, 2016 Review current First Transit background check/screening processes with the City May 13, 2016 Update, review, approve operator training manual with the City May 13, 2016 Provide detailed training schedule to SLO Transit for all employees for new aspects of the contract, service changes, refresher training May 16, 2016 Conduct additional training for employees, if necessary Jun 17, 2016 Vehicle Maintenance and Revenue/Non-Revenue Fleet, Equipment Review assigned vehicle records, parts inventory, equipment, tools with City staff Jun 17, 2016 Fleet Inspections for new contract baseline conditions determination, as necessary May 23, 2016 Jun 24,2016 Recruit, hire and train new technician, as required May 23, 2016 Jun 30, 2106 First Transit, Inc. 56 Review training and update ASE certification of all technicians Jun 17, 2016 Fare Collection Review all current program processes, fares, control and security with City staff Jun 17, 2016 Driver Scheduling Analyze deadhead routing and current master schedules with SLO Transit and suggest any revisions to master schedules, recovery time, interlines, relief locations May 9, 2016 May 20, 2016 Prepare any blocking, rostering, reliefs, and runcut from new master schedule; Jun 10, 2016 Prepare driver shift bids and assignments Jun 19, 2016 Conduct final run picks for implementation on start date, if applicable Jun27, 2016 Service Start Prepare fleet for next day’s revenue service In Place – Jun 30, 2016 Follow-up meetings with the City on any open issues Ongoing Initiate service under new contract July 1, 2016 Additionally, as the project progresses to the new contract, a task-by-task transition plan for key items renegotiated or agreed to will be developed and produced, reflecting the updated status of key decisions, coordination with SLO Transit, fleet and equipment needs, and any contract changes. First Transit foresees a very smooth transition to a new contract within human resources, accounting, safety/security, labor relations, facility management, asset management and administration. With our dedication to excellent employee relations and our partnership with the Teamsters Local Union 986, as well as our commitment to maintaining the compensation packages in place for all current and future employees, First Transit offers assurance that the workforce will transition to the new contract with a competitive wage and benefits package that employees have come to expect from First Transit. First Transit, Inc. 57 2. Driver Training 2 . In three pages or less, outline the proposed driver training and safety program for new operators and the retraining program for veteran operators. Include an outline of the topics covered; the time devoted to each; number of classroom hours; number of behind-the-wheel hours with trainers; number of driving hours in regular service with a trainer or instructor; and, the amount of time devoted to customer relations and sensitivity training. All new operators receive a minimum of 60 hours of training including training in all First Transit - SLO Transit routes, vehicle maneuvering, passenger assistance techniques and customer service, regulatory issues, workplace violence, system security, blood borne pathogens, and hazardous materials. Driver Training Program Hours Classroom Training 20.0 Behind the Wheel 24.0 Cadet-in-Revenue 16.0 Total 60.0 CLASSROOM TRAINING The following minimum classroom instruction is provided: Classroom Training DVD / Video Hours First Transit - Introduction, Company Policy and Procedures Welcome to FT 1.0 Bus Operations 0.5 TSI - First Transit Defensive Driving / Smith System Curbing Transit Employee Distracted Driving Smith System Certified Trainer Critical Point Out of Harm's Way 5.0 NTI - Security Awareness Warning Signs video & Tri-fold Pamphlet 1.0 The Operator Drug and Alcohol Awareness Program TSI - Fatigue Sleep Apnea Awareness Injury Prevention and Risk Assessment Back Safety FT - Basics of Safety Basics of Safety Safe Work Methods DVD 4.0 First Transit, Inc. 58 Classroom Training DVD / Video Hours Safe Work Methods Customer Service Mobility Device Securement DVD - A.C.C.E.S.S. Matters QRT Safe and Secure Ten Commandments 5.0 TSI - Emergency Procedures TSI - Emergency Procedures 1.0 FT - Map Reading / Use / Scheduling 1.0 FT - Communication Use & Operation 0.5 Hazard Communication Global Harmonization Blood Borne 1.0 Total Hours of Classroom 20.0 BEHIND-THE-WHEEL TRAINING Behind-the-Wheel training courses include the following modules: Behind-the-Wheel (BTW) Hours Closed Course (Group Work) Vehicle Orientation – Pre-Trip Inspection; Seat Adjustment; Mirror Adjustment; Braking, Accelerating and Transmission; Wheelchair Securement 10.0 Reference Points – Lane Position; Right Side / Left Side; Backing Point; Forward Stop; Pivot Points; Turning Points Vehicle Control – Straight in Lane; Left Turn; Right Turn; Lane Changing - Moving Right or Left Controlled Course Smith System; Intersections; Service Stops; Backing 4.0 Advanced Road Work Smith System Commentary Driving; Roadways; Expressway/Highway Driving; Intersections; Service Stops 9.0 Final Evaluation 1.0 Cadet Training (In revenue service training) 16.0 Total Behind-the-Wheel Training 40.0 First Transit, Inc. 59 POST-TRAINING EVALUATIONS To monitor driver performance and ensure continued compliance with the training principles, all new operators undergo three (3) post-training evaluations. These evaluations are completed 30 days, 60 days, and 90 days following successful completion of the training program. Evaluations provide additional mentoring opportunities for new operators and additional support as successful members of the First Transit team. Operators who need additional training will be referred to and assessed by the Safety Department. DRIVER RE-TRAINING PROGRAMS On-going employee evaluation, education, and training reinforce concepts and skills learned early in an employee’s career. Driver Re-training provides an opportunity to learn new skills as well as improve on old ones. Re-training modules ensure that our operators are up to date on the standards, expectations, and legal requirements imposed by First Transit, our clients, and federal, state, and local entities. Our trainers and managers are always on the lookout for “teachable moments;” however, there are two mandatory and documented ways in which operators receive re-training annually: Monthly Safety Meetings and Annual Operator Evaluations. Monthly Safety Meetings First Transit requires twelve (12) safety meetings annually, which are at least one hour. Monthly, our corporate safety team provides our locations with the safety topic, safety posters, and a training DVD to use at the meeting. Safety Meeting attendance is a condition of employment and is mandatory for all Operators, Management, Operational staff, and Maintenance personnel and is documented with a sign-in sheet. We hold several safety meetings in our larger operations to ensure all employees are a part of this important monthly event. Annual Operator Evaluation and Re-Certification. Annually, operators receive a mandatory one-hour ride check/evaluation. One of our certified trainers will ride with the operator and evaluate their skills. Based on this evaluation, operators are either approved, or required to go through four additional training hours: 2 classroom training hours and 2 one-on-one BTW training hours. Frequency of Re-Training. We continually monitor accident frequency, passenger complaints, and employee comments as part of our ongoing training review process. Adjustments are made whenever potential issues are identified, or when industry and safety standards are modified for improvements. First Transit, Inc. 60 Our policy of training, performance evaluation, and retraining ensures that our employees are current on all training requirements. While on the job they continue to put the important lessons they learn into practice. In addition, we provide our safety and security manager and our trainers with continuous train-the-trainer exposure to keep our instructional programs and teaching methods current with the latest trends in the industry. 3. Dispatcher Training Program & Customer Relations 3. Submit a brief description of the training program for dispatchers and telephone receptionists including an outline of topics covered and time devoted to each topic. The description must address customer relations and sensitivity training in addition to other topics that might be covered. As dispatchers and road supervisors are key customer service personnel, they participate in driver training programs that assist in their duties including service area familiarization, driving, passenger assistance, and customer relation courses. Dispatchers and supervisors concentrate on customer service modules, while obtaining a thorough understanding of our SLO Transit on-road operations. Our common practice is to hire dispatchers/supervisors with transit experience and who have worked at least six months as a driver. All dispatchers also receive in-depth training in record keeping and communication skills. Dispatcher and Supervisor training is based on our Driver Training curriculum, and requires the successful completion of operator training, prior to skills development in a dispatch or supervisory role. These positions are typically filled by promoting from driving staff, and training in communications, local geography, rider and operations policies, and vehicle familiarization will have been covered in driver training. Annual refresher training with a minimum six hours will be provided for all supervisors. All staff will concentrate on customer service modules. All dispatch and supervisory staff will receive in-depth training relative to effective record keeping, and communication skills and will receive extensive training on the use of radios and our other necessary technologies. Staff will be subject to written tests, supervisor observation, refresher training, and retraining in response to minor infractions. Dispatch/supervisory staff also receive training in Reasonable Suspicion for Drug and Alcohol Use, Hazard and Emergency Response, and Transit Bus Accident Investigation. First Transit, Inc. 61 Subject of Class Modules Method Time Role of Supervisor/Dispatcher (Supervisor 101) PPT 1.0 Leadership and Customer Service PPT 2.0 IP Program – Contact Slips, Intentions PPT 0.5 Conflict Resolution CARE DVD 1.0 Documenting Discipline PPT 1.0 First Transit’s CBA with the Teamsters – Sections where supervisors have impact Discussion / CBA 1.0 Time Management / Prioritizing Tasks PPT 2.0 Harassment in the Workplace PPT 2.0 FTA Drug & Alcohol Policy/Drug Testing/Types and When PPT 1.5 Reasonable Suspicion – FTA Requirements PPT / Video 2.0 System Security PPT (NTI) 1.5 Emergency Management PPT / Discussion 1.5 Phone Protocol – Emergencies Hand-Outs 0.5 Bomb Threats Hand-Out / Discussion 0.5 Evacuations Hand-Out / PPT 0.5 Collision Investigation PPT 2.0 Proper Report Writing PPT 1.0 Bus Assignments PPT / Discussion 1.0 Scheduling PPT 1.5 Setting Up Detours PPT / Discussion 1.0 Total Classroom Training 25.0 On-the-Job Mentor Training Our mentoring program supplements the formal Dispatcher/supervisor training by teaming driver/supervisors with senior staff – both on site in the dispatch and on the road. Trainees are accompanied by senior staff in the performance of their duties to receive training and feedback on their skills. Once the dispatch employee has successfully completed the new employee orientation and technical training programs, they are assigned to work alongside one of our designated mentor employees. Our mentor employees are selected based on First Transit, Inc. 62 their exceptional performance and demonstrated understanding of their particular job functions. The designated mentor follows a trainer checklist to ensure that all on-the-job training is delivered in a consistent manner. Dispatcher On-the-Job Training Hours Vehicle Change Procedures 1.0 Dynamic Scheduling Methods and Practices 4.0 Reporting & Troubleshooting Vehicle Maintenance Problems 1.0 Telephone Etiquette 2.0 Daily Assignment Sheet 1.0 Lot Check Procedures 1.0 Uniform Compliance & Regulation 1.0 Lost and Found Procedures 1.0 Dispatch Station Assignments 1.0 Dispatch Daily Paperwork 1.0 Fast Track Traffic Cams 1.0 Operator Next Day Schedule Process 1.0 Assisting Inquiry Dept./Customer Service 1.0 Credential Checks 1.0 AVL Utilization 4.0 Radio Communication 2.0 Dispatch Software 3.0 Specialized Software 1.0 Rider and Operation Policies 1.0 Contract Requirements and Compliance 0.5 Check-In/Check-Out Process 0.5 Dispatch SOPs 2.0 First Transit, Inc. 63 Dispatcher On-the-Job Training Hours Google Maps 1.0 All new Dispatch personnel spend 10 additional days working with a Senior Dispatcher, continuing to improve their skills and proficiency in all areas of the Dispatch Center 80.0 Total On-the-Job Training 113.0 Customer Service / Customer Relations Training All employees of First Transit are considered to be a tremendous asset to our overall success. We continually build and nurture a high-performing team of management and staff that is dedicated, focused, and well-trained in properly serving our clients and communities. We take our training beyond the basics of customer service to best serve the needs of the community in which we operate. Our specific skill-development sessions provide additional customer service training in support of the SLO Transit services, and will focus on the intricacies and unique attributes of the SLO Transit service area. In addition to exposure to our TSI customer service training that all operators and our operating staff receive, our dispatchers and road supervisors also receive training offered through First Transit University (FTU). FTU creates a company culture of continued learning where employees expand their individual capacity to deliver results, where innovative thinking is encouraged, and where the collective experiences of our staff are harnessed and shared across the group. This training is offered through the convenience of eLearning courses, allowing our staff the convenience of completing this important customer service training on their own schedule. Customer Service Curriculum (First Transit University) Customer Service Fundamentals 1.0 Hour Building Rapport in Customer Relationships 1.0 Hour Customer Service in the Field 1.0 Hour Customer Service over the Phone 1.0 Hour First Transit, Inc. 64 Internal Customer Service 1.0 Hour Customer Service Confrontation and Conflict 1.0 Hour Shaping the Direction of Customer Service in Your Organization 1.0 Hour Aligning Performance to Key Indicators 0.5 Hour The Angry Caller: What's Your Plan? 0.5 Hour T otal 8 .0 Hours 4. Scheduling Description 4. Submit a description of the scheduling, dispatching and public information process proposed for SLO TRANSIT’s services. Describe the proposed public information hours and the minimum staffing levels to be maintained during this period. While the City will be responsible for all route scheduling activities, First Transit will continue to provide assistance with such activities as requested by the City, including developing schedules or making adjustments to existing service to reflect new developments, changing passenger loads or changing road conditions, for example. First Transit also offers its assistance to the City, as requested from time to time, to help with the comprehensive analysis of SLO public transit system known as a Short Range Transit Plan (SRTP). As the City’s partner and a leading transit services provider, we want to continue our contributions to the overall scheduling and operations improvements to enhance the passenger’s transportation experience. First Transit’s dispatching process for the SLO Transit operation is provided below in 5. Dispatching Method. Public Information Process First Transit has scheduled our dispatch staff such that we will respond to public calls for service information at all times SLO Transit buses are in operation, seven days per week. We have also overlapped weekday dispatch schedules to ensure that all public information calls will be answered promptly, and that we continue to readily respond to overloaded or First Transit, Inc. 65 late buses. In addition, when the call volume does become heavy, our on-site operations and administrative personnel will continue to assist dispatch personnel with answering calls for service information. Below is a proposed weekday schedule for our dispatch personnel. Dispatch Staff Schedule Position 1 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME Off Off 4:45 4:45 4:45 4:45 7:00 END TIME Off Off 13:00 13:00 13:00 13:00 15:00 41 Position 2 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 7:00 Off Off 15:30 15:30 15:30 10:00 END TIME 15:00 Off Off 23:30 23:30 23:30 18:00 40 Position 3 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME 11:00 10:30 Off Off 10:30 10:30 12:00 END TIME 19:00 18:30 Off Off 18:30 18:30 20:00 40 Position 4 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME R/S 15:30 15:30 10:30 Off Off R/S END TIME R/S 23:30 23:30 18:30 Off Off R/S 24 Position 5 SUN MON TUES WED THUR FRI SAT Wkly Hours START TIME R/S 4:45 10:30 Off Off Off R/S END TIME R/S 13:00 18:30 Off Off Off R/S 16.25 First Transit, Inc. 66 5. Dispatching Method 5. Using one page or less, describe your proposed method of dispatching. Include a description of any relevant experience with any program being proposed such as a computer reservation, computer assisted or fully automated dispatching system. First Transit has extensive experience with various dispatching technologies including those bundled by the Clever Devices Company which is the system that’s in use in San Luis Obispo. For example, our Tri Delta Transit project in eastern Contra Costa County in northern California utilizes the Sched21 product (now owned by the Enghouse Transportation) for everything from operator runcuts to tracking the status of fixed route operations. We have had experience operating the computer assisted system in San Luis Obispo for the City for going on five years. First Transit’s dispatcher staff will continue to focus on essential operational functions, making accurate, efficient decisions based on ever-changing situations, anticipating potential challenges, and responding accordingly. Specifically, the day-to-day responsibilities of the dispatcher staff include: • Ensuring all bus routes are fully covered with operator staff and depart the SLO Transit facility yon-time • Making bus assignments in accordance with maintenance schedules/ issues • Ensuring public schedules are maintained • Coordinating driver lunches and breaks • Coordinating bus maintenance swaps • Providing radio communication to maintain proper bus spacing and operate on-time through communications with the Road Supervisor staff • Helping direct contingency operational changes (e.g. detours) • Answering public inquiries over the phone and maintaining the daily dispatch log Dispatch personnel ensure that operators have the correct route information as they begin their respective shifts. The on-time performance and capacity issues of all routes are closely monitored via the City-provided Clever Device dispatch software and AVL system installed in all buses. This robust technology allows the dispatcher staff to receive real-time information updates on the location and status of every in-service SLO Transit vehicle and can immediately tell if a bus is behind schedule. First Transit, Inc. 67 6. Scheduling of Extra Board Operators 6. Describe your firm's proposed program to accommodate driver "no shows", absenteeism, vacations and turnover of employees. What assurance does SLO TRANSIT have that operators will always be available as needed? First Transit will continue to monitor employee development and make adjustments as necessary. This includes management and adjustment of extra board driver hours, as needed. Consistent, effective management of extra board driver hours is necessary to achieve optimal staffing levels and quality service delivery. We also provide our operators opportunities to work on days off, at their choosing, when we experience the need to run extra tripper buses or for operational necessity. In the case of an operator call off, we are prepared to operate the run with another qualified operator. Extra board operators are scheduled at a rate of approximately one driver for every 15 operator runs, plus coverage for vacations, sick time, and other time off (a minimum of ten percent extra board). Management of extra board operators is key to ensuring that adherence to schedules and on time performance is achieved. Standby coverage is an essential part of running a smooth operation and is continually addressed through diligent monitoring of staffing levels. First Transit will continue to manage all resources to ensure a consistent and timely delivery of services to the SLO Transit passengers. 7. Quality Control Approach 7. Describe how your firm would monitor the quality of the service provided under this contract. First Transit’s Operations Quality Control First Transit’s Quality Control Program goes beyond the basics of reporting data to provide a detailed analysis of current operational trends to promote efficiency, cost savings, and First Transit, Inc. 68 continuous improvement. Our program not only sets the standards for service operation, but ensures that First Transit optimizes service provision by doing it right the first time. Our Quality Control Program (QCP) applies a continuous improvement process using management metrics to measure progress and to establish goals and objectives for specific performance standards. The established goals and objectives are ingrained in our culture, ensuring that our staff understands that their contributions are part of the successful management of our operation for City. Quality Control centers on key points to promote continuous improvement: • Monitoring Key Performance Indicators • Ensuring On-Time Performance • Evaluating Training Programs • Achieving Continuous Improvement KPI MONITORING Quality Control is the process by which First Transit focuses on client and customer satisfaction through the continuous improvement of our transportation services. Our Quality Control Program (QCP) applies a continuous improvement process using management metrics to measure progress and to establish goals and objectives for specific performance standards. First Transit’s Dashboard information management system offers our managers and supervisors close to real-time, detailed, graphical KPI information on their locations at their fingertips The established goals and objectives are ingrained in our culture, ensuring that our staff understands that their contributions are part of the successful management of our operation for the City. First Transit’s KPI program focuses on service as a whole along with process improvements, which ultimately leads to increased customer satisfaction. Our goal is to provide overall improvements on profits, employee morale and service quality. Key Performance Indicators Our most important, and most closely monitored, KPIs include OTP (by system and driver), Complaints (by system and driver) and Vehicle Reliability (monitored by Vehicle Type). First Transit, Inc. 69 We reach our goal by being vigilant of the following: • Listening to the customer and monitoring KPIs/metrics, both of which drive our decisions and actions • Investigating accidents to their root cause and developing corrective actions • Adjusting the level of acceptable variations in service delivery goals in order to manage and improve service capabilities • Developing focused solutions to eliminate root causes of business performance problems • Optimizing services (doing it right the first time) and monitoring and eliminating mistakes • Analyzing maintenance inspection data using Statistical Process Control Performance review measures that are tracked and reported weekly include on-time performance, missed trips, complaints, mechanical road failures, and driver turnover to ensure a continuous process of quality control. First Transit is a performance driven organization that prioritizes Efficiency, Cost Savings, and Continuous Improvement at all levels of the organization. The KPI we measure, in addition to the standards set forth by City, are tracked daily, monitored and reported weekly, and summarized monthly. These KPI are based upon historical trends and performance measures, and are monitored in real-time through First Transit’s Dashboard application. The First Transit Dashboard establishes common reporting KPIs that are critical to the quality control and continuous improvement of the location, and that can be compared among other locations. The Dashboard statistics are discussed at the region management level between the Region Vice President Don Swain and General Manager Al Rusco to highlight excellent performance, to assist others in achieving their goals, to provide support, and recommend actions to immediately improve individual operations. ON-TIME PERFORMANCE QUALITY CONTROL First Transit’s Quality Control Program places a strong emphasis on on-time performance metrics. Our staff continually monitors data to ensure we are meeting our goal of service excellence by delivering on-time service consistently. Our management and road supervisor staff monitor on-time performance in the following ways: Region Support First Transit, Inc. 70 • MI Dashboard: Measure on time performance and productivity, as well as other key performance indicators close to real-time • Customer Complaints: Thorough investigation of on-time performance complaints • Maintenance Review: General Manager Al Rusco works with Maintenance Manager Nathan Ray to identify vehicles with service issues Through service trend analysis in Dashboard, First Transit will take the following steps to improve on-time performance and other service issues as they arise: • Drivers that have difficulty delivering on-time service are counseled and/or retrained to ensure continuous improvement of our operation • Schedule visits with common locations to conduct research to ensure that scheduled pickup times reflect accurate pickup times • Proper maintenance of vehicles, minimizing road calls and the interruption of passenger service The Dashboard gives management at every level the opportunity to assess the overall performance of each project both on its own merit and in comparison to other similar projects. As such, the Dashboard is a consistent measure of service provision, and immediately highlights areas of concern for additional focus through coaching methods, or additional training. The tool is ultimately used to optimize operations and maintenance programs and ensure service quality falls within, or exceeds, acceptable standards. A CHIEVING CONTINUOUS IMPROVEMENT Improvement can only be accomplished when leadership is passionate about excellence and willing to change. To achieve continuous improvement, First Transit focuses on the following fundamentals of leadership: • Challenge the process • Develop a culture of change • Lead by example • Empower employees to act, and think out of the box • Implement a no-blame environment • Promote and utilize continuous improvement team events Ultimately, through our partnership with the City, we will continue to ensure that every aspect of our service is done right the first time. First Transit, Inc. 71 Maintenance Quality Control The Quality Control Check (QCC) ensures that all vehicles are maintained in a safe, reliable, and clean condition. First Transit’s ongoing vehicle audit is performed by Maintenance Manager Nathan Ray and the regional maintenance support staff. Nathan audits vehicle condition, vehicle inspection reports, preventive maintenance repairs, and driver inspection reports to ensure complete compliance with First Transit’s comprehensive Preventive Maintenance Program. QUALITY CONTROL CHECK PROCEDURES Each location is required to audit, at a minimum, five percent of its total fleet every month. The results are documented in a master workbook summarizing all data from the individual QCC inspections. This monthly audit documents: • Overall vehicle condition and trends • Proper maintenance documentation • Training or staffing requirements Maintenance Manager Nathan Ray first audits the vehicle, using an extensive 40-point check sheet and a standards guide. He compiles the information and rates the vehicle based on the inspection. Any items that require immediate attention are placed out of service until the repairs are completed. Next, Nathan audits the driver inspection reports and PM inspections. He checks that all of the defects listed in the DVIR book for the past 14 days have been addressed or scheduled, then verifies that all repairs have been signed off by the technician. The final step is to review the vehicle’s past three PM inspections. This verifies the inspections were performed on time and ensures that defects identified during the inspection have been properly repaired. In addition, the audit helps identify possible areas for technician training. Electronic Preventive Maintenance The electronic preventive maintenance (EPM) inspection is a series of reports that each First Transit location generates each quarter. The EPM provides a basic framework to spot maintenance trends, cost savings opportunities, and best practices for service efficiencies. First Transit’s EPM provides benefits, such as: First Transit, Inc. 72 • Improved customer service • Development of a proactive environment • Increased productivity and efficiency • Decreased frequency of repairs between PM inspections • Organization of our work effort • Proper inventory levels • Reduce road calls Maintenance Manager Nathan Ray analyzes EPM reports for actionable trends and develops action plans for continuous shop improvement. First Transit’s region management team conducts a further audit of these reports in conjunction with a review of the location action plans. This regional level review compares the report to the previous two EPM action plans to verify that all changes were implemented and to determine effectiveness of plans. 8. Management Information Systems & Reporting 8. Describe the proposed Management Information System that will be used to report operational and financial data including the necessary fixed route under the National Transit Database system as required in the "Scope of Work". First Transit’s MI Dashboard First Transit’s local management and regional/corporate support teams are better informed than ever, with close to real-time, detailed, graphical information on their locations at their fingertips. First Transit’s proprietary Management Information Dashboard provides a centralized repository of field operational data and the ability to display Key Performance Indicators (KPIs) for local management, district managers, regional vice-presidents and senior management in a user-friendly interface. Providing our managers with the ability to truly know the current and historical status of their operations results in the ability to address issues quickly and more completely. The Dashboard allows management to make better and more informed decisions on the day- to-day operations of their systems, as well as plan for long-term operational improvements. Region Support First Transit, Inc. 73 First Transit’s Region Vice President, Don Swain, logs into the Dashboard regularly and monitors KPI data to ensure operations are meeting the City’s expectations for the SLO Transit fixed route services. This oversight allows our region management support team to identify service issues early, and provide support and guidance when needed. Loading Data First Transit’s Dashboard system was designed to provide flexibility. Operational data can be derived automatically from other existing systems, such as our FirstBase maintenance information system and Qqest payroll system. When automatic sources are not available, information may also be manually entered into the system. Data is loaded automatically at a frequency consistent with the source. For example, information that is updated only on a monthly basis will not be uploaded in real time. Manual loads have a built-in approval process that allows for management approval prior to being published for reporting. Functionality The Landing Page, which our managers will see immediately after logging in, serves as an overview of the system’s status and contains a summary of Key Performance Indicators for the selected location, including color-coded actual values, budget numbers and goals. Managers can personalize areas of importance to their location for immediate access to statistics on issues that are important to the management of their specific operation. An example of a typical landing page is included below. Region Support First Transit, Inc. 74 From the landing page, managers can navigate easily to more specific, detailed reports, such as the maintenance report pictured below. With the Dashboard, accurate current and historical information can be viewed conveniently and easily. First Transit, Inc. 75 First Transit’s FirstBase Maintenance Software FirstBase Maintenance Information System (FirstBase) is our software platform of choice for vehicle maintenance files, reporting, and task supervision utilizing our Paperless Shop system. A transit-specific software designed for the unique requirements of a bus fleet, FirstBase captures and supplies critical data to support day-to-day management decisions. This provides our maintenance team with the information needed to keep each SLO Transit vehicle in ‘like new’ condition. FirstBase is a flexible system that simultaneously tracks and monitors the following maintenance activities: • Preventive maintenance • Repairs • Parts inventory • Technician productivity • Vendors for outside repair • Fuel and oil consumption and efficiency • Overhead costs • Training Records • Data validation checks at data input • Status reporting • Completed work orders • Work orders in progress • Delays and reasons for delays • Tailored reporting • Exception reports FirstBase includes multiple levels of concise reporting that assists technicians and management personnel with daily maintenance and supervisory tasks. It tracks our entire maintenance operation, searchable by fleet or individual vehicle, and consolidates tasks into the following reports: • Low-level reports support technician activities • Second-tier reports provide summary information for line management • Third-tier reports supports higher-level management reviews and decision making Monthly reports are combined into a database and are available to SLO Transit on a secured read-only section of our maintenance web site. Maintenance Manager Nathan Ray reviews monthly reports to compare statistics between First Transit locations and to identify any recurring maintenance trends that will be addressed. First Transit’s nationwide network of locations provides an additional resource to the City, linking your service to similar operations and fleets. Region Maintenance Director, Grant Hendrick, reviews data collected in Region Support First Transit, Inc. 76 FirstBase to identify service trends and find areas of efficiencies to communicate best practices to our West Region locations. This reporting method ensures that you have the best, industry-leading practices in all First Transit maintenance activities. Database reports are generated to help identify problematic systems, repeat repairs, problem drivers, problem vehicles, and miles between road calls for each vehicle. First Transit’s MIS system reports provide the following information on each vehicle: • Monthly PM reports • Total maintenance costs to date • Special billing reports • Number of work orders • Number of service calls • Number of vehicles receiving PM • Downtime by vehicle category • Summary and detail reports on work orders • Exception reports • Inventory analyses • Work analyses • Employee performance measurement • Vehicle replacement analyses and recommendations • Development of vehicle and equipment specifications • Total cumulative and detail records of all subcontract work KEY PERFORMANCE INDICATOR REPORTING IN FIRSTBASE FirstBase is a valuable tool for assisting with Key Performance Indicator (KPI) reporting to ensure the SLO Transit fleet is well-maintained and most of all safe for your passengers. Benchmark targets are established for maintenance activities and are tracked and reported through our database solutions for continuous trend analysis. Activities that can be tracked and analyzed through FirstBase include: FirstBase Component Description Benefits Task Scheduling Schedule PM automatically, based on processes defined for vehicle classes or individual units. Reports can document equipment due for PM and sort it by company, region, department, or location. Separate tasks by priority, such as critical work orders and routine tasks. Reduces vehicle downtime by facilitating regularly scheduled PM and making allowances for unplanned repairs. First Transit, Inc. 77 FirstBase Component Description Benefits Fuel Management Integrates with leading fuel-management systems to report onsite fuel inventory, support data capture for off-site fuel purchases, and manage the use of fuel on revenue versus non-revenue vehicles. Effective fuel management means cost savings – especially poignant today. Warranty and Road Call Management Track warranties, recall campaigns and related data. Users can query the database by VIN for units that are affected by specific road calls and issue appropriate work orders. The system allows flexibility in defining how warranty data is managed. Parts Inventory FirstBase includes comprehensive parts inventory data management that supports purchasing, inventory tracking, and transfer, location-level data, and similar information. Automated parts ordering and requisition saves money and time. Fleet Performance Reporting FirstBase can generate real-time, on- screen reports in several industry- standard categories. Reports can be generated to track costs per vehicle, driver, location, and equipment type. This is an essential tool for planning vehicle lifecycle optimization and replacement timelines. Benchmarking At the close of every month, the maintenance department reports on more than 30 performance statistics. Results are compared monthly and between locations to identify potential trends to prevent service downtimes and unnecessary maintenance costs. Maintenance, Safety and Insurance SECTION D SECTION DMAINTENANCE, SAFETY AND INSURANCE First Transit, Inc. 79 SECTION D MAINTENANCE, SAFETY AND INSURANCE Section D – Maintenance, Safety, & Insurance 1. Preventive Maintenance Program 1. Describe your firm's proposed vehicle maintenance services and repair program including inspection schedules, staffing levels (by classification), and repair capabilities, cleaning and washing schedules. Maintenance Overview First Transit provides industry-leading maintenance that improves fleet safety/reliability, drives down road failures, and focuses on efficient communication. First Transit will continue to utilize the following innovative solutions for the SLO Transit maintenance operation: • Comprehensive Skills Assessments lead to customized Cengage training programs for each mechanic. This training has an emphasis on technicians becoming ASE Certified, programs for which First Transit pays for the training and testing. In addition, technicians earn a $0.15/hour bonus for each ASE Certification. This means the mechanic staff is better trained to make the right repairs the first time, troubleshoot more effectively, and increase productivity. This results in fewer vehicle problems and less time in the shop, increasing fleet reliability, and availability. • ASE Blue Seal Shop is a symbol of service excellence. First Transit is pleased to have achieved ASE Blue Seal certification in July 2013 for the City’s Bus Maintenance and Operations Center. This recognition provides great assurances to the City of San Luis Obispo as to the quality of our team and the First Transit maintenance program. This ASE Blue Seal certification was renewed in 2014 and 2015, and we are looking forward to another renewal in 2016. • Paperless Shop offers tablet usage by technicians to improve communication and comprehensive overview of repairs. This reduces costs and improves the effectiveness of the program to make sure all elements of the maintenance program are in constant communication. First Transit proposes to implement this innovative technology as part of the SLO Transit maintenance operation. Providing our clients with exceptional maintenance service is an essential component of upholding First Transit’s core values – Setting the Highest Standards, Accountable for Performance, Committed to our Customers, Dedicated to Safety, and being Supportive of First Transit, Inc. 80 Each Other. To do achieve this, we ensure our vehicles operate at peak performance around the clock and in every community we serve. Delivering a consistent level of mechanical performance requires meticulous processes, reliable equipment, and skilled people committed to providing safe, efficient, on-time vehicles. Regardless of the locations we serve, the type of vehicles in use, or the services we provide, every effort is taken to make sure our passengers and clients are afforded a level of care and attention that comes with being the best in the business. Our guidelines for successful maintenance are as follows: • We make every repair in accordance with original equipment manufacturer (OEM) standards. This is the most cost-effective and efficient approach to assuring proper vehicle operation. • Preventive maintenance is a priority. This continuous process improves the manner in which we can diagnose and address issues before they become more costly and detrimental to our level of service. • The use of well-trained and skilled technicians leads to accurate problem diagnosis, reduced repair costs, and increased vehicle availability. • Complete and accurate maintenance records allow us to make rational, logical decisions regarding our vehicles and equipment. • We empower each employee with quality control responsibilities. This improves employee morale and productivity, increases their quality of work, reduces the occurrence of repeat repairs, and maximizes fleet and equipment availability. • Clearly stated performance standards establish shared quality expectations and serve as a guide for management oversight. • Tracking inventory by individual part and repair improves inventory management and historically based stock levels. Together, FirstGroup America is responsible for the safe operating condition and asset lives of over 110,000 vehicles and equipment, making our industry-leading company an exceptional partner for the maintenance of the SLO Transit fleet. First Transit, Inc. 81 Nationwide, First Transit manages and operates over 12,500 vehicles, with direct maintenance performed on over 8,700 vehicles. Our First Vehicle Services division directly maintains 36,500 pieces of equipment ranging from fire trucks to large buses to small grounds maintenance equipment. Our First Student and Greyhound divisions directly maintain another 63,000 buses ranging from over the road coaches to small buses and small vans. Comprehensive Preventive Maintenance Program The backbone of First Transit’s commitment to exceptional maintenance is our strong Preventive Maintenance (PM) Program. Proper PM will protect your capital investment in the fleet, keep the fleet operational and available, and provide a high level of reliability and safety to our passengers and clients. Good maintenance management decisions are based on accurate and reliable information. To ensure accurate and reliable data, we use a computer-based equipment management system that is designed to enhance equipment management capability. Firstbase is a system focused on properly structured information to improve the quality and productivity of equipment services. The following design characteristics of Firstbase make it especially responsive to the needs of both First Transit and SLO Transit. It is a fully integrated system that will simultaneously track and monitor the following: • Preventive maintenance • Parts inventory • Vendors for outside repair • Overhead costs • Data validation checks at data input • Repairs • Technician productivity • Fuel and oil consumption and efficiency • Personnel and time sheet records • Status reporting Firstbase provides well-structured management information to facilitate decision-making, to support decisions with proper data, and to demonstrate positive results. First Transit, Inc. 82 PREVENTIVE MAINTENANCE INSPECTIONS Every First Transit vehicle undergoes thorough PM inspections to remain in top condition. Systems are inspected for wear and tear and any necessary adjustments are made in accordance with OEM specifications. Our computer systems log vehicle miles, which is the basis for all PM inspections. The frequency of these inspections can be customized to meet SLO Transit’s requirements. Our Quality Control program monitors each vehicle’s service goals using Statistical Process Controls, monitoring the statistics of our preventive maintenance program to achieve continuous improvement and maintenance excellence. The level and complexity of each PM inspection depends on the type of equipment and the number of miles operated since the last maintenance check. We categorize PM inspections into three designations: A, B, C and D inspections. Sample intervals and procedures are reflected in the following table: Fixed Route Bus Inspection Interval Details A 6,000 miles Engine service, including engine oil, filter change, and comprehensive vehicle inspection B 12,000 miles A-inspection plus transmission fluid changes and additional checks C 48,000 miles A- and B-inspections plus and a comprehensive vehicle inspection of all systems, including wheelchair, A/C and a fire risk assessment D Every 45 Days Brake system inspection, wheels/tires checked, fluids checked, systems checked for leaks, belts/hoses checked, and driver write-ups addressed First Transit, Inc. 83 Fixed Route Trolley Inspection Interval Details A 6,000 miles Engine service, including engine oil, filter change, and comprehensive vehicle inspection B 12,000 miles A-inspection plus transmission fluid changes and additional checks C 48,000 miles A- and B-inspections plus and a comprehensive vehicle inspection of all systems, including wheelchair, A/C and a fire risk assessment D Every 45 Days Brake system inspection, wheels/tires checked, fluids checked, systems checked for leaks, belts/hoses checked, and driver write-ups addressed Non-Revenue Support Fleet Inspection Interval Details A 3,000 miles, or manufacturer recommended time/mileage Vehicle manufacturer recommended services Fork Lift and Generator Equipment Inspection Interval Details Manufacturer Service Annual (Manufacturer recommended) Oil and filter change and complete equipment inspection Our Maintenance Manager Nathan Ray will continue to oversee the PM inspection process, developing weekly schedules to take vehicles out of service for maintenance. Nathan will also monitor the PM performance of our technician staff through periodic quality assurance inspections to ensure uninterrupted service to SLO Transit passengers and clients. First Transit, Inc. 84 The PM Process Maintenance Manager Nathan Ray assigns the vehicle to a trained, qualified technician for inspection. Inspections are documented on an itemized PM inspection form and a repair work order form. This includes the date, life miles, and description of the work performed, list of the repairs made, discrepancy sheet, parts used, technician’s name, and time spent on repairs. All work is performed to OEM specifications and in accordance with the Federal Motor Carrier Safety Regulations Handbook. Upon completion of work, Nathan Ray reviews the inspection check sheet and spot checks the vehicle. If any issues are identified, they are corrected before the vehicle is returned to revenue service. First Transit, Inc. 85 DAILY INSPECTION PROGRAM Every driver’s daily routine includes a pre-trip inspection designed to identify safety issues and items in need of immediate attention. This can include air leaks, fluid leaks, burned-out light bulbs, graffiti, and body damage. The driver notes any defects on the Driver Vehicle Inspection Report (DVIR), which immediately alerts maintenance personnel of pressing issues. Road supervisors collect all DVIRs during PM pull- ins. Each vehicle is visually inspected and the DVIR is reviewed for any follow-up repairs. If necessary, the driver places the vehicle out of service until proper repairs can be made. Driver inspections include comprehensive checks of the vehicle exterior, interior, and brake system to ensure all components meet First Transit and SLO Transit standards, are functioning properly, and most importantly, are safe for our operators and passengers. AIR-CONDITIONING AND HEATING SYSTEMS Our extensive PM program includes specific climate control system procedures, which meet or exceed manufacturer recommendations. Every PM inspection includes several checks to the climate control system. Furthermore, the entire system undergoes detailed inspection and cleaning to ensure optimum performance prior to peak air conditioning and heating seasons. Air-conditioning repairs are made in accordance with all applicable regulations, including those outlined in the Clean Air Act of 1990. This includes the use of certified mechanics, an approved Freon recovery system, and the tracking of refrigerant used for each repair. BRAKE SYSTEMS Brake system inspections and repairs are made during scheduled PM. Any defects or other safety-related system issues are corrected and tested prior to the vehicle being placed First Transit, Inc. 86 back into service. Our policies require the use of OEM quality parts and repair practices to maintain our brake systems. TIRES Only brand tires and retreads are used on our vehicles. The brand names of choice include Michelin, Bridgestone, and Bandag. Our tire maintenance plan includes: • Daily pre-trip and post-trip inspections by operators, documented on the DVIR • Daily inspection by the utility personnel • PM inspections, documented on the task list for the inspection • Tire mounting and dismounting, wheel inspection, and wheel and tire installation on vehicles, as necessary • In-shop tire and wheel installation, as necessary • Tire tread depth inspections • Quality Control review to ensure compliance with our tire maintenance policies FLUID REPLACEMENT AND LUBRICATION All lubrication, oil, and filter change intervals are performed in accordance with OEM and SLO Transit specifications. Additionally, we regularly check engine oil, transmission fluid, coolant, and differential fluid levels. COMMUNICATIONS SYSTEMS All communications and security systems are checked during pre-trip inspections. Any unit not working is reported immediately and the vehicle is taken out of service. Defective units under warranty are repaired by a manufacturer-approved shop to adhere to warranty requirements. Items not under warranty are repaired by qualified employees or vendors. FOLLOW-UP REPAIRS After the PM inspection is complete, any necessary follow-up repairs are assigned to specialized technicians. Only after final follow-up repairs are made will vehicles be released into revenue service. First Transit, Inc. 87 U nscheduled Maintenance Repairs and Services While some unscheduled maintenance will always be needed, we take appropriate steps to minimize the impact on fleet availability, service levels, and budgets. Thorough training of drivers and technicians along with our preventive maintenance program, helps us address potential issues early. For SLO Transit, this means that your fleet will run in ‘like new’ condition with concerns identified quickly and repairs completed efficiently, all within budget. MINIMIZING ROAD CALLS Emergency road service is available during all operating shifts. However, a significant number of road calls are minimized with proper training and appropriate policies and procedures. Passengers will not be delayed while the technician attempts to correct a problem. In the event of any road call, an incident report is filed with all pertinent vehicle information, condition assessment, actions taken, time and signatures of those involved. The road call report becomes a permanent part of the vehicle history file. Maintenance Excellence at SLO Transit Our Maintenance Manager Nathan Ray has developed an extended checklist for common wear items on the SLO Transit fleet that are given extra examination when the coach is in the shop for its preventive maintenance inspection. That list of items includes: idler bearings, belts, pulleys, water pump, cooling system, batteries, and fare box. The implementation of this more in-depth inspection has resulted in a dramatic reduction in road calls associated with these systems. We are very proud of the fact that First Transit has consistently exceeded goals for miles between road calls with the SLO Transit fleet! First Transit, Inc. 88 MINIMIZING DOWNTIME Breakdowns and accidents happen, despite our best efforts to keep the fleet in optimal operating condition. To minimize downtime in these situations, our staff works quickly to identify root causes of breakdowns and make repairs efficiently. By understanding the origin of the problem, our technicians can spend less time diagnosing issues and more time making repairs. For our passengers, this means that downtime is kept to a minimum. Vehicle Cleaning A clean public transit vehicle conveys a positive message to both passengers and passersby and can frequently prompt a compliment. It remains First Transit’s goal to project a very positive image of the City of San Luis Obispo, and the vehicles operated and maintained by First Transit will always look their best! Our goal is to allow our Bus Washer and Bus Detailer staff to focus on the exterior and daily interior cleaning requirements. We will continue to conform to the vehicle washing and cleaning schedules set forth by the City of San Luis Obispo. Our vehicles undergo these cleaning and washing procedures: • Wash and scrub exterior (drive-thru bus wash) • Dust interiors • Remove all trash from inside vehicle • Sweep floor to remove all dirt, paper, etc. • Wipe clean all stanchions and grab bars • Wipe clean dash • Clean interior windows, as necessary • Clean side panels, as needed • Remove any graffiti and insect remains • Mop floor and step wells • Repair or replace broken, cut, torn or vandalized components A clean, graffiti-free vehicle conveys a sense of pride and confidence to you, our riders, our operators, and our entire staff. First Transit, Inc. 89 The cleaning crew fill out a detailed checklist, which provides accountability for the completed work. All cleaning activities will be at intervals required by the SLO Transit contract, and more often during obvious inclement weather conditions. HAND SANITIZERS First Transit will continue to maintain in good working order the hand sanitizers found on the City’s SLO Transit vehicles and ensure that they are refilled as needed. On-s ite Maintenance Department Personnel Please refer to our proposed staffing plan provided in Section B – Personnel of this proposal. As outlined in our staffing plan, we are committed to providing a fully staffed maintenance department to keep SLO Transit vehicles safe, clean, and operating efficiently. Inventory Control To continue our goal of providing exceptional customer service to the City, we must have a well-maintained fleet on the road and on time. Having the right parts on hand to address preventive maintenance and unscheduled repairs is a critical part of our business operations. Within FirstBase, we set up minimum and maximum inventory levels and designate a preferred vendor. The vendor is chosen first by the location, and then is compared against our corporate purchasing agreements and other area vendors to find the best parts value. Three times per week, our manager will run a requisition function in FirstBase for any part in the inventory that has fallen below the set minimum. FirstBase will order the amount from the preferred vendor to bring the inventory to the maximum level. Maintenance Manager Nathan Ray reviews, adjusts, and approves the requisition, which becomes a purchase order that is sent to the vendor. Nathan runs a requisition function for any part in the inventory that has fallen below the set minimum. We order the amount from the preferred vendor to bring the inventory to the maximum level. Nathan then reviews, makes any adjustments, and approves the requisition, which becomes a purchase order that is sent to the vendor. We follow these principles to most efficiently manage our parts inventory: First Transit, Inc. 90 • Use only OEM-quality parts – Partnerships are important to any business. We have established corporate purchase agreements with more than 60 vendors such as Michelin, Bridgestone, MCI Parts, Gillig, New Flyer, GM, Ford, Fleet Pride, ElDorado National, Baldwin Filters, Navistar, Freightliner, and Imperial Fasteners. These partnerships help us maintain a proper inventory of quality parts, backed by responsive service and fair pricing. • Proactively manage stocking levels – Our FirstBase software allows us to accurately manage our inventory levels. Every part we have in inventory is entered into FirstBase with a preferred vendor, a backup vendor, alternate part numbers, reorder points, and restocking levels. • Organized parts rooms – All parts are received in FirstBase, which generates a label for the corresponding part and bin. Parts are placed in bins and arranged in vehicle maintenance repair system code order. • Scheduled inventories – A physical inventory count is performed four times a year, and outside auditing firms randomly certify the physical counts. We also perform cycle counts every week, whereby each location counts a percentage of their inventory to verify appropriate part quantities. • Data-driven decisions – Decisions are based on a structured review process that includes an analysis of FirstBase, EPM and management re-inspections statistical analysis. We perform monthly inventory audits from the corporate office, and continually check CPA usage, stocking levels, parts usage, out of stock items, and unproductive inventory to improve purchasing and inventory procedures. LEVERAGING OUR CORPORATE SUPPLIER RELATIONSHIPS Corporate Purchasing Agreements First Transit is able to reduce maintenance costs through leveraging our corporate buying power. As a maintenance contractor at a majority of our over 240 operating locations, First Transit has a relationship with parts vendors providing us with buying power – an ability to bring the City quality parts at a lower cost. We have established Corporate Purchase Agreements with more than 100 vendors that represent 120,000 unique parts. First Transit, Inc. 91 This relationship with Corporate Purchasing Agreements (CPAs) ensures that we get quality parts, best service, and competitive pricing. Our CPAs with major parts suppliers include Ford, Chrysler, General Motors, Cummins, Detroit Diesel, Freightliner, International/ Navistar, Bridgestone, Firestone, Goodyear, Michelin, Bandag, AutoZone, Fleet Pride, NAPA, Barnes, Imperial Supplies, and others that provide significant pricing advantages. Most of the National CPA vendors we use provide parts and services through their network of local dealers. We will utilize other local vendors, whenever it is advantageous and meets your needs, to provide parts and services. Our goal is to control costs while providing an inventory of high quality parts for our technicians to use as necessary to maintain the SLO Transit fleet. SCHEDULED AND UNSCHEDULED R EPAIR I TEMS Our inventory levels and controls are determined based on a structured review process. This includes an analysis of our FirstBase system, and re-inspections by management for statistical analysis. Our proactive PM program ensures that all vehicles are maintained at peak operating condition, and that unscheduled repair items are minimal. The continuous monitoring of our parts levels by our parts clerk, and requisition review by the maintenance manager, keeps our inventory maximized to account for any parts needs. AIR CONDITIONING PARTS AND MATERIALS As with scheduled and unscheduled repair items, our parts inventory in FirstBase accounts for maintaining adequate levels of all parts. Given the critical nature of both the air conditioning, we maintain the most commonly used parts in stock, which are readily available for use. We accomplish this by running a parts usage history report in FirstBase. These reports show how often a particular part or parts have been used. This information is transferred into FirstBase’s Order-Reorder system. The Order-Reorder system automatically generates an order based on a designated minimum number entered in FirstBase’s Order-Reorder system. Once this minimum level is reached, the part is flagged for approval by Maintenance Manager Nathan Ray, and a purchase order sent to the vendor. First Transit, Inc. 92 METHOD OF CONTROL First Transit’s FirstBase software allows us to accurately manage our inventory levels, and proactively manage parts inventory. Every part we have in inventory is entered into FirstBase with a preferred vendor, a backup vendor, alternate part numbers, reorder points, and restocking levels. All parts received are labeled for the corresponding part and bin, to ensure organization and accuracy in our parts room. Parts are placed in bins and arranged in vehicle maintenance repair system code order. As an additional method of control, a physical inventory count is performed four times a year, and outside auditing firms randomly certify the physical counts. Our shop will also perform cycle counts every week, counting a percentage of our inventory to verify appropriate part quantities. We also perform monthly inventory audits from the corporate office, and continually check CPA usage, stocking levels, parts usage, out of stock items, and unproductive inventory to improve purchasing and inventory procedures. 2. Preventive Maintenance and Inspection Program 2. Describe in detail your firm's proposed Preventive Maintenance and Inspection (PMI) program for all buses, trollies, general purpose vehicles, generators and fork-lift components and equipment used in transit service. Attach examples of the proposed documents to be used in the PMI program. Description of PMI program should include both mileage and time intervals. Overview First Transit provides industry-leading maintenance services that increase vehicle and equipment uptime, extend vehicle lifecycles, and focus on promoting efficiencies. Our innovative maintenance program, delivered by the ASE-certified technicians using best fleet practices, provides SLO Transit with an unparalleled maintenance operation. Our maintenance operation is built on three basic concepts to provide our clients with the most innovative and extensive maintenance program in the vehicle maintenance industry: First Transit, Inc. 93 Importance of an Effective PM Program The development of an effective PM program that yields maximum vehicle uptime and cost efficiencies requires an experienced fleet maintenance contractor who understands the repair requirements of diverse vehicle and equipment types. PMs scheduled too frequently can result in excessive and unwarranted vehicle downtime, elevated costs, and user inconvenience. Conversely, PMs scheduled too infrequently can lead to problems such as excessive brake and tire wear and other safety deficiencies, often resulting in breakdowns or major component failures. However, PMs that are performed on schedule and include proper inspection and service items are cost-effective, efficient, and convenient. Driving cost savings to your bottom line and improving vehicle safety and availability are the primary goals of our customized PM program for SLO Transit. Provide a proactive, tailored PM program that promotes the right repairs the first time, reduces repair and parts costs, extends vehicle lifecycles, and leverages First Transit's experience with operation and maintenance of bus fleets Leverage our Corporate Vendor Relationships Corporate Purchasing Agreements with over 100 Vendors Representing 120,000 Unique Parts Provide Them the Right Tools and Comprehensive Programs Rigorous Preventive Maintenance Program LEAN Maintenance Practices Paperless Shops Hire the Right People High Standards for Technician Hiring ASE, Cengage, and On-the-Job and OEM Training ASE Certification and Incentive Program First Transit, Inc. 94 First Transit, with over 60 years of experience operating and maintaining bus fleets, has a full understanding of the elements that are essential to a sound PM program (as shown in the PM process chart below). Our comprehensive PM program for SLO Transit will continue to keep the buses, trollies, and support vehicles on the road and in safe operating condition, while delivering cost savings to your bottom line through service efficiencies and our established vendor networks. We have included sample PMI sheets and First Transit’s Preventive Maintenance Manual table of contents in the Attachments section of this Technical Proposal. Full details of our comprehensive Preventive Maintenance Inspection Process for the SLO Transit fleet is provided above in Section D – Maintenance, Safety, and Insurance. First Transit, Inc. 95 Paperless Shop Our goal in the new contract is to also transition the SLO Transit Maintenance Department to a “Paperless Shop”. Our technician staff will utilize tablet computers to improve communication and provide a comprehensive overview of vehicle repair history. This reduces costs and improves the effectiveness of the program, ensuring all elements of the maintenance program are in constant communication. Tablet usage facilitates accurate documentation and saves time. In addition, the paperless shop initiatives are in line with First Transit and the City’s environmental sustainability efforts. New! Develop Customized PM Program Our comprehensive PM program is based on our experience in maintaining bus fleets -both large and small, and constant monitoring and adjusting of the PM program for maximum effect Identify PM Inpsection Requirements Individual Elements, Inspections, Adjustments, Lubrications, Etc. Areas Requiring Additional Attention (PM Follow-up Repair Items) Determine PM Schedule (Optimum Service Interval) Vehicle Usage Profile and OEM Recommendations Best Fleet Practices First Transit, Inc. 96 Tablets will allow the technicians to document preventive maintenance inspections, record various maintenance functions and work orders from anywhere in the shop. Technicians will be able to check vehicle maintenance and repair history, repeat repairs, road call reports and open defects on the tablets. All vehicle wiring schematics, service manuals and service bulletins will be available instantly to the technicians on the tablets. Each technician will have their work assignments set on the devices. A Paperless Shop increases productivity by providing the technician access to all maintenance forms, work orders, vehicle repair histories, and tasks via a tablet computer. The tablets will allow the technicians to be more productive and efficient. If technicians are working more efficiently, they will be able to spend more time on the actual maintenance of the fleet, and not spent so much time on paperwork. They will also have the capability to work smarter - having work history, wiring schematics and repair manuals at their fingertips at all times. First Transit has successfully implemented tablet utilization at more than 40 locations shops including our Maintenance Departments in San Diego, CA, Pasadena, CA and Tempe, AZ. First Transit, Inc. 97 LEAN Maintenance Practices and 5s Processes Lean Maintenance Practices and 5s Processes originated in Japanese manufacturing. They are methods to improve overall effectiveness by centering on what brings value to an organization and eliminating waste. Lean processes translate to reduction in maintenance costs by targeting strategic areas where maintenance has direct and indirect control, such as preventive maintenance, road call reduction, over time and outside service costs. Combined with Lean Practices, the 5s Process, (Sort, Straighten, Shine, Standardize & Sustain) is a workplace organization method that more effectively uses the space provided for maintenance and generates a culture that promotes safety, quality maintenance, maintenance cost, and improved vehicle reliability. The 5s Process focuses on the work environment to ensure time is not lost from unnecessary movement due to placement of repair parts, tooling, or fixtures that may impede travel by technicians. First Transit has achieved Lean Bronze Level Status for the City’s fleet maintenance facility. The following is an outline of the program components: Components Description 5S Assessment This is an assessment to measure and improve cleanliness, organization, and consistency of the shop resulting in labor efficiency Scoreboard The scoreboard provides technicians a visual of the goal to be achieved, and keeps them updated on the progress of the shop’s performance. Standardize Sort Shine Straighten Sustain 5S Lean Practices First Transit, Inc. 98 Components Description Planning Sheets The planning sheet gives a maintenance manager or supervisor a total view of all work to be accomplished along with the workforce available. This tool provides all information needed to prioritize workloads and make the best decisions to match the appropriate technician to the job. FirstBase Lean Assessment This quarterly FLA is a series of electronic reports that identify inefficiencies in the maintenance department. Standard Job Times Standard job times are established for high frequency repairs, providing a tool to measure technician efficiency. Deferred Maintenance Module The deferred maintenance module stores all work that is waiting to be performed in FirstBase. This allows a maintenance manager or supervisor to review all repairs needed while a vehicle is in the shop and make the repairs while it is down. This results in fewer visits to the shop, better reliability, and less downtime. Auto Reorder This process automatically reorders stocking parts when quantities get low. This ensures we do not have buses down while waiting for out of stock parts. It also saves time because the purchase order is automatically written. In addition, it saves money because it allows us to manage the vendors used for stock parts. Suggested Parts FirstBase has the ability to preselect parts for specific jobs. The parts appear on the work order for the tech to select based what was used for the job. This saves tech and clerical time are parts will not be entered on the work order. Bar-coded Parts We bar-coding all of our parts for accurate documentation and ease of inventory. iPad Use We use iPads for repair documentation (work orders), PM checklists, and housing our repair manual library. This improves the efficiency of our technicians and may lead to the elimination of maintenance clerks within the foreseeable future. Thermal Imaging Cameras Thermal imaging cameras can detect resistance in circuits before they can be seen by the naked eye. By using data analysis we can pinpoint the areas where thermal events happen and examine those areas with the thermal cameras. This reduces time and greatly minimize the risk of a thermal event. First Transit, Inc. 99 MEASUREMENT OF PROGRAM EFFECTIVENESS First Transit’s Dashboard tracks key performance indicators to monitor program effectiveness and analyze trends including: • Preventive Maintenance Compliance – Percent of PM inspections performed on time • Technician Overtime – Percent of payroll paid for overtime • Road Call Performance – Miles between road calls • Scheduled/ Unscheduled work – Percent of work that is scheduled work (PM, PM follow up) compared to unscheduled work (DVIR’s, road calls) • Repairs between PM Inspections – Number of repairs between PM’s (measuring the effectiveness of the PM program) • Technician Productivity – Comparing hours paid to hours charged to work orders • Hours over Standard Job Time – Technician hours that went over the standard job time • Auto-Reorder Percentage – Percent of parts ordered by the auto-reorder process • Outside Services Percentage – The percentage of maintenance cost spent at outside vendors • Overall cost per mile and comparison of cost per mile with similar fleets These processes are overseen by local management and region teams, bringing great value to our clients not only through cost savings but also improved fleet reliability, and ultimately improved customer satisfaction. To recognize shops that have achieved different levels of Lean Maintenance Practices and have complied with the 5s Processes, there are three levels of awards: Bronze, Silver, and Gold. Since program introduction in December 2014, First Transit is pleased to announce the following certified shops: •San Luis Obispo, CA •Phoenix, AZ •Auburn University, AL •Denver, CO •Roseville, MN •Columbus, OH •Longmont, CO •Houston RAC, TX •Blaine, MN LEAN AND 5S RECOGNIZED SHOPS First Transit, Inc. 100 Facility Maintenance Program Both productivity and work quality improve in a clean environment where everything is properly placed. This helps our technicians and staff know the correct location of tools and supplies. However, productivity is only one benefit of a clean shop—another is safety. A clean work environment promotes safety. It is far less likely that technicians will be injured slipping on oil or tripping on trash that should have been picked or cleaned up. We require every employee to follow First Transit’s Facility Maintenance Program to maintain a safe and productive work environment. We are committed to a clean work environment for all our employees at the SLO Transit operation, each and every day. Photos of the organized and well-maintained SLO Transit facility (on the right) are a testimonial to our commitment to facility safety and cleanliness. First Transit’s Facility Maintenance Program is outlined below: • Walks, aisles, and exits must be kept clean and clear of debris at all times. If it is necessary to obstruct a passageway, barricades will be erected. • Access to fire equipment and electrical panels must be kept clear. • Dropped items must be picked up immediately. • Tools, pieces of equipment, scrap, and refuse will be removed from the floors immediately after completion of work. SLO Transit Facility First Transit, Inc. 101 • Keep tools in chests, drawers, cabinets, or on convenient racks when not in use. • Stored material should be piled securely and equally so the piles are not top heavy. Material should not project into aisles. • Employees must clean up all spillage immediately to prevent fires, falls, and slips. • Industrial towels/rags, and oil absorbent compound should be used to soak up and wipe oil, grease, or other slippery spillage from the floor. • Dirty towels/rags must be deposited in appropriate containers provided. • Scrap boxes will be provided for broken glass, metal, scrap, etc. • Employees report all necessary bulb replacements in facility immediately. • Each employee is responsible for the neatness and orderliness of the immediate work area. F acility – Interior Cleaning First Transit will continue to be responsible for janitorial services for the building and grounds of the City’s Operations and Maintenance Facility. Facility cleaning will be done on a weekly basis and include, but not be limited to the activities of: vacuuming, mopping, dusting, window cleaning, emptying the trash, spot cleaning and restroom cleaning. Facility – Exterior Cleaning First Transit will continue to be responsible for cleaning and landscaping of the exterior of the City’s Operations and Maintenance Facility. Exterior facility cleaning will be done on a twice monthly basis and will include, but not be limited to: organizing, sweeping, weeding, pruning and picking up the trash around the exterior of the entire facility. Spill Containment Plan and Clean Up In addition to regular preventative maintenance and upkeep, First Transit has a Spill Containment plan. This plan currently in place at SLO Transit addresses how spills of vehicles fluids will be mitigated, managed, and addressed. First Transit also has spill containment kits with proper personal protective equipment, clean-up equipment, and materials to address such spills should they occur. First Transit is responsible for notifying the City’s Transit Manager of all spills within 24 hours of the event. ACHIEVING OUTSTANDING RESULTS IN OUR OPERATIONS Our SLO Transit location received an evaluation of Total Suspended Solids (TSS) collected from storm water samplings in 2015-16. While the TSS benchmark allows for a maximum level of 100 mg/L, First Transit successfully completed and passed all four sampling events First Transit, Inc. 102 – scoring well below the maximum allowance. Results are shown in the table below. We firmly believe that this provides further evidence of our serious commitment to our environmental responsibilities at the SLO Transit property! 2015-16 Quarter TSS Results (Benchmark 100) First Quarter Sx 42 Second Quarter Sx 26 Third Quarter Sx 9.4 Fourth Quarter Sx 28 Average 26.4 Technician Training First Transit provides unmatched technician training that leads to higher quality repairs for the SLO Transit fleet. We require each technician to participate in at least 40 hours of training each year to increase skills and knowledge of industry technology advancements. A highly trained technician performs higher quality repairs in a more efficient manner— resulting in a better maintained fleet and reduced vehicle downtime. Our industry-leading training and incentive programs are based on the following training procedures: • Basic Skills Assessment: A concept that individualizes technician training based on the SLO Transit fleet, the skills of the individual technician, and contract obligations. • ASE Certification: A requirement above and beyond industry standards that exemplifies our commitment to industry best practices. Our dedication to the ASE Certification process is illustrated by our incentive program tied to the certification process. Our systematic approach to technical training and development is critical to superior maintenance performance. In addition to ASE training, our technicians also receive classroom instruction and on-the-job training provided by our suppliers such as AC/Delco and Ford Motor Company, for example. Our well-trained technicians make the repairs right the first time. First Transit, Inc. 103 BASIC SKILLS ASSESSMENT All First Transit technicians undergo a basic skills assessment upon hire to determine their individual skills and suitability for the SLO Transit contract. First Transit has partnered with Cengage Learning/Delmar – a leading provider of innovative teaching and learning solutions worldwide – to create an interactive learning experience for our technicians. Assessment Our comprehensive online skills assessment allows technicians and managers to objectively baseline knowledge in specific areas. Each assessment measures technical competency to a detailed level of theory, application, and diagnostic ability in a number of technical areas. Training After the initial assessment, technicians are assigned to training modules based on their identified needs. Each self-paced module contains critical content that is reinforced through interactive graphics and animations. The training is available at any time, so technicians can work through the materials at their convenience. Each course contains an average of 8.5 hours of training materials and can be completed in either English or Spanish. Certification and Monitoring Each section within the module is completed with final review questions and each module is requires a course review and exam before completion. These tests combine helpful remediation while addressing the unique needs of the technician with text-based theory for enhanced learning and retention. A variety of study options are available, including practice questions, sample ASE-style tests, and a timed test duplicating the actual ASE Exam. Managers and supervisors may log into the system at any time to monitor technician activity within the training program. Supervisors and managers can produce a Course Usage Report to track of hours dedicated to the training curriculum to encourage technicians to continue progressing through their customized training program. First Transit, Inc. 104 ASE CERTIFICATION Our technicians attend training and certification testing provided by the National Institute for Automotive Service Excellence. The ASE training program has a series of more than 18 tests that measures skill level in vehicle maintenance and repair. These tests are grouped by specialty including front-end alignment, brakes, air conditioning, electrical, engine repair, etc. We understand the value that ASE certification provides not only to SLO Transit but also to the career development of our valued technicians. This is why we require our technicians to become Automotive Service Excellence (ASE) certified. First Transit has technicians with over 2,700 ASE certifications at our contract locations across the United States. ASE certification means that SLO Transit always receives the best service quality each time a vehicle is maintained by First Transit—reducing unnecessary repairs to the fleet and vehicle downtime. ASE Bonus Program Our employee incentive program promotes the development of our employees by rewarding those who achieve training milestones and keep their certifications current. We believe that technicians completing training are more effective, efficient, and productive. First Transit's ASE Bonus Program Benefits Attracts Talented Vehicle Maintenance Technicians Reduces Employee Turnover Improves Employee Productivity and Morale First Transit invests in our employees through paid ASE Certification training Paid Training First Transit, Inc. 105 ASE BONUS COMPENSATION STRUCTURE First Transit’s commitment to training and the ASE certification program is made tangible through our ASE Incentive Program. Offering access to all ASE testing at no cost to the employee, there are two ways that employees can earn per hour bonuses on each hour they work. • While working to earn his/her first Master Technician Certification, the employee will receive a $0.15 per hour bonus for each ASE test successfully completed – Upon earning his/her first Master Technician Certification, the employee will receive an additional $0.15 per hour bonus • While working to earn his/her second Master Technician Certification, the employee will receive a $0.05 per hour bonus in addition to his/her regular rate for each ASE test successfully completed – Upon earning his/her second Master Technician Certification, the employee will receive an additional $0.05 per hour bonus First Transit’s ASE Bonus Program is summarized below. First Master Mechanic Certification Number of Tests Passed Hourly Bonus Annual Bonus (based upon 2,080 hours) Bonus for Tests Passed 1 $.15 $312.00 Bonus for Tests Passed 2 $.30 $624.00 Bonus for Tests Passed 3 $.45 $936.00 Bonus for Tests Passed 4 $.60 $1248.00 Bonus for Tests Passed 5 $.75 $1560.00 Bonus for Tests Passed 6 $.90 $1872.00 Bonus for Tests Passed 7 $1.05 $2184.00 Bonus for Tests Passed 8 $1.20 $2496.00 Additional Bonus for Master Certification $.15 $312.00 Bonus for All Tests Successfully Completed and Master Certification $1.35 $2808.00 First Transit, Inc. 106 Second Master Mechanic Certification Number of Tests Passed Hourly Bonus Annual Bonus (based upon 2,080 hours) Bonus for Tests Passed 1 $.05 $104.00 Bonus for Tests Passed 2 $.10 $208.00 Bonus for Tests Passed 3 $.15 $312.00 Bonus for Tests Passed 4 $.20 $416.00 Bonus for Tests Passed 5 $.25 $520.00 Bonus for Tests Passed 6 $.30 $624.00 Bonus for Tests Passed 7 $.35 $728.00 Bonus for Tests Passed 8 $.40 $832.00 Additional Bonus for Master Certification $.05 $104.00 Bonus for All ASE Tests Successfully Completed and Master Certification $.45 $936.00 ASE BLUE SEAL CERTIFICATION PROGRAM First Transit places a major emphasis on the ASE Blue Seal Recognition Program for the maintenance facility we operate. We are pleased to have achieved ASE Blue Seal Recognition for the City’s fleet maintenance facility in 2013. This program recognizes that the technicians working in the ASE Blue Seal facility are properly trained and tested in their field. To attain ASE Blue Seal recognition, the repair shop must have at least 75% of technicians ASE certified. Also, each area of service offered in the facility must be covered by at least one ASE-certified technician. First Transit, Inc. 107 Key Benefits of ASE Blue Seal Facilities • Safety and Quality – ASE Blue Seal Shops are equipped with the knowledge and training required to diagnose problems precisely and accurately so that vehicles and equipment are maintained and repaired to the highest safety standards. Our clients can be assured that their fleet will experience fewer breakdowns and higher vehicle safety/availability—yielding increased customer satisfaction. • Efficiency – ASE Blue Seal Shops fix it right the first time, making sure preventative maintenance and repairs are performed quickly and vehicles and equipment are delivered on-time for service. MAINTENANCE TRAINING SUPPORT First Transit employs six (6) full-time travelling maintenance trainers who are highly experienced in all aspects of vehicle maintenance. These persons will visit the SLO Transit location maintenance personnel to facilitate additional training for the team. Delivering Quality and Efficient Maintenance Services FirstGroup America has more ASE Blue Seal Recognized shops than all of our competition combined. We currently have 64 ASE Blue Seal facilities. ASE Blue Seal Recognition First Transit has maintained ASE Blue Seal recognition since 2013 for the City’s maintenance facility operation. First Transit, Inc. 108 Additionally, we provide an additional benefit from our relationships with original equipment manufacturers (OEM) and national parts suppliers. Trainers including AC/Delco, Cengage Learning/Delmar, Noregon Diagnostics, General Motors, Ford, etc. visit our locations sites to instruct technicians in a variety of areas such as electrical and manufacturer specific training. The purpose of vendor training is to improve the skill set of technicians for improved service delivery. 3. Performance Rating 3 . Has your firm, or a system managed by principals from your firm, received an "unsatisfactory" rating from a law enforcement or other regulatory agency during the past three (3) years for maintenance, records or facility deficiencies or public fixed route? If the answer is "yes", state specifically what happened, the circumstances, what remedial measures were taken to correct the problem and any other pertinent details. Serving more than 240 contracts and 388 million fleet miles, there are rare occasions when we receive an "unsatisfactory" rating or inspection from a law enforcement or other regulatory agency, which are consistent in number and nature with companies of a similar size. In California, First Transit has received five (5) unsatisfactory inspections by the California Highway Patrol. In each instance, First Transit has taken steps to ensure that the cause of any such inspection or rating is immediately remedied. 4. Citation or Fines 4. Has your firm, or a public transit system managed by principals from your firm, been cited, fined, or ordered to stop operations at any time over the past seven (7) years from any regulatory agency for improper maintenance, CHP inspection failure or for accidents caused by improper maintenance. If the answer is "yes", state specifically what happened, the circumstances, what remedial measures were taken to correct the problem and any other pertinent details. With more than 240 contracts and over 388 million fleet miles served, it is reasonable to expect that First Transit would have an occasional fine or citation levied against us. The occasional citations we receive are consistent in number and nature with companies of a similar size and do not affect our ability to properly service this contract. To the best of our knowledge, we have not received a fine or citation in the past five years that has resulted in a customer-declared default. First Transit, Inc. 109 5. Comparable Operations 5. Provide 3 comparable (size of operation) examples and List the number of total vehicle miles between preventable collision accidents for systems operated by your firm during each of the past three consecutive years. NTD Accident Frequency Rates Chart We make it a priority to continually improve our safety record. This requires a constant awareness of safety, which we promote through ongoing discussions with our employees, passengers and clients. Because we take safety so seriously, we continue to monitor every incident/accident, preventable or non-preventable, and strive to reduce exposure to all accidents. We believe none of our competitors place this much emphasis on safety. Fiscal Year (April 1 to March 31) NTD AFR PER 100K FY14/15 0.19 FY13/14 0.18 FY12/13 0.16 0.1 0.15 0.2 0.25 0.3 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 NTD Accident Frequency Rate per 100,000 Miles NTD Reporting Accident Frequency Rate per 100,000 Miles Linear (NTD Reporting Accident Frequency Rate per 100,000 Miles) First Transit, Inc. 110 Fiscal Year (April 1 to March 31) NTD AFR PER 100K FY11/12 0.17 FY10/11 0.16 FY09/10 0.19 NTD REPORTING CRITERIA Reportable Incident – A safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions: • A fatality due to an incident – includes suicides, but does not include deaths by natural causes, or deaths not associated with an incident. • Injuries requiring immediate medical attention away from the scene for one or more persons (excluding Other Safety Occurrences not Otherwise Classified) • Property damage equal to or exceeding $25,000 NTD AFR CALCULATION PER 100,000 MILES (100K) • Total Reportable divided by total miles multiplied by 100,000 = AFR per 100K o (Total Reportable / Total Miles) x 100,000 = AFR per 100K Safety Record at San Luis Obispo First Transit’s exceptional emphasis on safety has continued to show a remarkable decrease in preventable accidents at our San Luis Obispo Transit location. However, our SLO Transit location, like the rest of our company, still set safety goals each year that reach for 10 to 15% improvement annually. First Transit, Inc. 111 The preventable accident frequency rate for the SLO Transit location was 0.426 accidents per 100,000 vehicle miles in FY 2015. The preventable accident frequency rate for FY 2013 was 1.266 accidents per 100,000 miles—a 66% decrease from 2013 to 2015. Safety Record at Other Similar Locations In our West Region, Director of Safety Blake Vaughan provides our locations with guidance and safety standards and incentives to maintain our focus on safe operations. He provides safety-focused videos for the teams’ monthly safety meetings, conducts regular on-site safety audits to check for compliance with state and federal regulations, and coordinates the development of training programs and curriculum for our operating locations. Blake will continue provide this same oversight and support to ensure safe operations for the SLO Transit fixed route services. Provided below are three (3) comparable First Transit locations and the number of total vehicle miles between preventable collision accidents for these systems during each of the past three consecutive years. 0.000 0.200 0.400 0.600 0.800 1.000 1.200 1.400 Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015AFR per 100K MilesOperating Period Safety Record -San Luis Obispo -Preventable Accidents Region Support First Transit, Inc. 112 Number of Total Vehicles Miles between Preventable Collision Accidents Fiscal Year (April 1 to March 31) Imperial County Transportation Commission (CA) Denver RTD Group 26 (CO) Snohomish County Area Public Transportation (WA) FY14/15 363,750 216,286 323,056 FY13/14 1,360,000 256,667 330,588 FY12/13 256,000 354,000 399,385 First Transit’s Safety Culture Safety is not simply found in a set of policies and procedures. Safety comes from conditioning proper thought processes and behaviors, preparing for situations, and knowing how to respond in ways that protect the well-being of our employees, those with whom we work, and those we serve. Our World Class Safety program motivates all First Transit employees to replace risky behaviors and thought processes that jeopardize safety in the workplace. Through the program, we are striving to build a cultural identity that is focused on: • Rewarding improvements in both individual and team performance • Encouraging group safety awareness activities • Recognizing and rewarding personal safety longevity From management to operations, safety is the number one priority of every First Transit employee. World Class Safety was initiated to minimize risky behavior for each employee and our entire team. No priority or perceived priority is pursued without following safety standards. We emphasize this safety culture in our employee recruiting, selection, orientation, training, education, and management support. Our drivers, technicians, and other employees look out for the safety of the passengers we transport each day. We propose to continue If you cannot do it safely, don’t do it! This is First Transit’s core philosophy. Safety is at front of mind at all times. First Transit, Inc. 113 providing our drivers with tools to ensure the safe transport of all our passengers. In addition to the continued use of DriveCam, we are also excited about other emerging technology including an enhanced iPad AVL system developed by local company Bishop Peak Technology that adds the capability to alert our bus operators to hazards such as narrow streets or low overhead structures. Please refer to Section E – Miscellaneous Requirements of this Technical Proposal for complete information on DriveCam and this exciting technology from Bishop Peak Technology for SLO Transit. Safety is continually stressed and reinforced throughout our day-to-day operations, in our employee reviews, and at every management and employee meeting. MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT (MAP-21) First Transit has already put MAP-21 in action and incorporated Safety Management Systems (SMS) principles into our culture. Our SMS combines established systems safety engineering principles with advanced organizational management techniques. SMS supports continuous improvement in safety performance through a positive safety culture founded on four basic principles: First Transit’s Safety Management System: • Encourages managers and employees to work together to identify hazards and act in concert before system failures occur. (Our Injury Prevention Database) • Everyone is held accountable making sure we deliver positive safety results. • Is about making the system safer for everyone. (If you cannot do it safely, don’t do it!) • We empower our employees to assess their own safety risks and prioritize the risks. Safety Policy Safety Risk Management Safety Assurance Safety Management System SMS Principles First Transit, Inc. 114 • Our safety principles and practices are already in place, integrating human factors and human performance management into existing maintenance, training, and hazard management processes. We take pride in our approach-involving and share our knowledge among the public, transportation agencies, State agencies, and the FTA. Certified Safety & Security Officer (CSSO) Program First Transit’s qualified location safety managers are certified through Community Transportation Association's Certified Safety and Security Officer Program. Upon successful completion of the program, our safety managers are Certified Safety & Security Officers (CSSO). The course covers the following eight areas in compliance with the FTA Transit Bus Safety & Security Program: • Leadership & Administration • Transit Operations • Maintenance & Technology • Personnel Management • Training & Development • Safety Initiatives • Security Initiatives • Emergency Preparedness Certified Safety & Security Officer for SLO Transit Our Operations/Safety Manager for the SLO Transit project, John Guyton, has successfully completed the program and is a Certified Safety and Security Officer (CSSO). The City of San Luis Obispo can rest assured that your service is operated and maintained by an experienced transit partner, and held to the highest safety standards in the industry. First Transit, Inc. 115 FIRST TO ZERO When safe behavior becomes instinctive, quality of life improves, working conditions are more favorable, and collisions and injuries are reduced. As part of our extreme focus on safety in the workplace, we have initiated a First to Zero goal, which means we will strive to achieve zero collisions and zero lost-time injuries. As we strive to reach First to Zero, we will build on the accomplishments we have already achieved. Our key safety actions for the current year include: • Expanding the usage of Smith System driver safety training across all businesses • Implementing campaigns designed to prevent passenger injuries related to slips, trips, and falls • Championing the National Safety Council’s campaigns around teen driving, distracted driving, and safe communities • Implementing actions to prevent injury when handling passengers, wheel chairs, baggage and freight • Provide training on dispute resolution to preventing assaults by difficult passengers First Transit’s Northwest Houston Metro Location 10,652,622 miles operated 15 total preventable collisions 710,175 miles between preventable collisions AFR of 0.15 collisions per 100,000 miles First Transit, Inc. 116 THREE PILLARS OF INJURY PREVENTION To help emphasize the importance of safety, we have created First Transit’s Three Pillars of Injury Prevention. Active Caring •Management activities driven by injury prevention •Proactive safety conversations, risk assessment, and safety tours •Encourage others to adhere to safety principles Performance Management •Operation strives for goal of zero collisions and zero lost-time injuries •Management enforces safety policies, procedures, laws, and regulations •Measuring staff against goals and providing clear communication, ongoing training, and incentives Continuous Improvement •Analyze safety trends to identify corrective patterns and incorporate changes to improve performance •Continually update safety standards with input from safety experts, fellow industry leaders, and input from frontline employees First Transit, Inc. 117 6. Recent, Current, or Pending Litigation 6. Are there any recent, current or pending litigation involving public transit services operated by your firm due to accidents involving death or serious injury? ("Recent" shall be defined as any judgment entered or settlement reached within the past three years which resulted in a dismissal of a l awsuit.) If the answer is "yes", give details, to the extent allowed, including court and number of each case. The number of accidents involving fatalities that we experience is consistent with that of similarly situated companies. In addition, we routinely engage in legal matters that have no bearing on our ability to fulfill new or existing contracts. Compiling detailed data would be onerous and would provide little or no useful insight to the City of San Luis Obispo on our ability to properly service its contract. Confidentiality Agreements preclude us from releasing information on matters involving any fatalities. To the extent that the City of San Luis Obispo is interested in particular details of specific litigation or claims, we will make arrangements for counsel to the City of San Luis Obispo to discuss appropriate information with our counsel, subject to applicable confidentiality requirements. 7. Vehicle and Liability Insurance Programs 7. Provide a detailed statement indicating the proposed insurance program by type, dollar amount, deductible levels and the method of cost calculation being careful to note the unique insurance provisions of the attached Draft Transit Operations Agreement or as outlined in this RFP. FirstGroup America, Inc. provides an insurance program for the entire group of subsidiary companies, including First Transit. The program includes a primary or base policy provided by Arthur J Gallagher Risk Management Services, Inc. (AJG) and excess coverage from several carriers. The program includes a large deductible, and claims are administered by Gallagher Bassett, a third-party administrator. First Group America incurs costs (premiums, taxes, and assessments) for the primary and excess policies, claims within specified limits, administrative fees and other ancillary insurance costs. Costs for vehicle repairs have been included as part of our maintenance budget. Since the policies cover all FirstGroup America subsidiaries, insurance costs are charged to each subsidiary and its individual locations, based upon internal allocations. There are no separate billings for each site. First Transit charges an allocated insurance cost to each of First Transit, Inc. 118 our locations including our San Luis Obispo project. Insurance allocation amounts are set annually during the fiscal year budget process and are then charged for the upcoming year. Please see our proof of insurance detailing coverages that meet or exceed the requirements of the RFP that has been included in the Attachments section of this Technical Proposal. Miscellaneous Requirements SECTION E SECTION EMISCELLANEOUS REQUIREMNETS SECTION E MISCELLANEOUS REQUIREMENTS First Transit, Inc. 119 Section E – Miscellaneous Requirements 1. Proposed Cost Per Vehicle Service Hour 1. Provide the proposed cost per vehicle service hour for extra services, as defined in the draft agreement, for each year of the proposed agreement. Year Cost Year 1 $33.27 Year 2 $33.63 Year 3 $34.95 Year 4 $36.03 2. Early Payment 2. Describe the amount and method of calculation for early payment discounts if any are being offered. Proposers should note the standard invoice and payment schedule contained in the draft agreement in responding to this question. First Transit has very carefully crafted our proposal to be as efficient as possible and yet fully support the City in taking this service to new levels of performance. Because we have crafted a very cost effective proposal, we are not offering an early payment discount. 3. Pricing Options 3. Please list and price any other items you propose to offer as an option in addition to the items required by this RFP, the Draft Agreement and the Scope of Work. First Transit is offering to outfit the SLO double decker bus with Bishop Peak Technology iPad AVL technology that will offer additional tools to our vehicle operators in order to help further maintain First Transit, Inc. 120 on-time performance and prevent off-route deviations utilizing intuitive visual and audio clues. Additionally, the technology will have geofencing applied that will also alert our operators should they approach a restricted area, such as a low clearance bridge or restricted/narrow streets. First Transit is offering to pay for the installation, including mounting hardware, and annual lease cost for this exciting technology for its use on the double decker bus. Although similar to the Bishop Peak technology installed on the current SLO Transit tripper cutaway bus, it will be different in that it will have the added geo- fencing technology installed. Should SLO Transit decide as some point in the future to add this technology to the entire fleet, First Transit is offering to pay for the installation, and, pass on the annual leasing cost of $950.00 per bus, as quoted by Bishop Peak Technology, directly to the City without markup. This is an exciting technology from a local company that promises to continue to evolve and develop its transit technology offerings making them a great partner to the City and to First Transit. We are looking forward to the opportunity to try this enhanced technology. Additional information on this and other Bishop Peak Technology offerings can be found as an Attachment. 4. First Transit – The Best Transit Solution 4. Briefly summarize why you consider your firm to be the best qualified to perform this contract indicating any new or creative ideas or details not mentioned earlier that would provide SLO TRANSIT with a high quality, safe, efficient and responsive transit operation. Our project management team for the SLO Transit operation clearly commits that our service provision will continue to successfully deliver fixed route services that you have come to expect from a transit leader and a service partner of nearly 15 years. Success is defined as safely transporting our passengers to their destination on-time, in a well- maintained, clean bus, and operated by an operator who is safe, courteous, and helpful. As we look forward to the opportunity to enter the next contract for this service, we want the City to understand that we value the importance of a close partnership that is based on cooperation, transparent communications and support for the success of this system into the future. First Transit, Inc. 121 First Transit is the best value to the City of San Luis Obispo as our operation includes: • Our project team is local – we have lived in the San Luis Obispo, CA area for years and are thoroughly familiar with the transportation system of this City, its visitors and residents, and the students of California Polytechnic State University. • The members of our team are strongly rooted in safety with our management team having many years of successful safety performance. • Extensive regional and corporate support, offering expertise in every aspect of your transportation service • We best understand the challenges of operating fixed route services in a university setting with its unique challenges of peak capacities and consistent growth and change in operating atmosphere • Industry-leading safety and customer service training programs • The advanced technologies that will increase driver safety, including DriveCam technology (see below), and the offer to test new iPad AVL technology from Bishop Peak Technology on the double decker bus. • Instructor certification training programs for classroom and Behind the Wheel trainers based on our stringent company standards. First Transit’s instructors and driver training programs are certified by the Transportation Safety Institute (TSI). • Strong vendor relationships on a national level to provide a best value to our customers by leveraging buying power for vehicles, technology, parts, etc. • Subject matter experts in all aspects of transportation at the region and corporate levels to provide additional support to local management and ensure service quality • A corporate culture based on safety and customer service as evidenced by award of the National Safety Council Green Cross and our great safety record across the United States and at San Luis Obispo. • A dedication to the use and development of DBE business partners in San Luis Obispo. The team at First Transit remains confident that our approach offers the City of San Luis Obispo the best option as your fixed route service provider. The innovative concepts and management approaches offered in our proposal will continue to provide tangible results, continually improving the service quality of SLO Transit as your service partner. First Transit, Inc. 122 DriveCam Technology First Transit currently uses DriveCam and DriveCam 3 in 65 transit locations. With a 10-year partnership, we’ve installed over 4,750 cameras in our nationwide fleet. Our company works with DriveCam to supply not only the digital event-based surveillance camera system, but also the driver behavior/fuel efficiency component of DriveCam3. We plan to continue utilizing both features with the SLO Transit fixed route service. For SLO Transit, we use DriveCam as a tool to train and retrain our drivers to eliminate the risk of accidents. This Defensive Driving Feedback System is one key component in our company’s Dedication to Safety. It daily keeps our safety focus always in the front of our mind and makes safety a way of life. It has been instrumental in driving our safety record to be one of the best in the industry. DEFENSIVE DRIVING FEEDBACK SYSTEM Our DriveCam solution includes real-time in-vehicle feedback to engage bus operators in self-correction. Using events captured on digital video, our data analysis offers a complete profile of bus operators and their driving tendencies. This allows for objective comparisons of performance driver-to-driver, site-to0site, region-to-region, and company-to-industry. Performance analysis enhances flexible coaching and training methods that are applied to the specific needs of a driver. Online tools, such as performance dashboards and hotspot mapping, allow for cluster analysis of risky driving events and immediate correction. DriveCam is an on-board camera audio/video data recording system that is triggered by G- forces when particular ‘events’ happen – accidents, hard accelerations, or hard stops and turns. Once triggered by an event, the system records video and audio information that took place several seconds before and after the event both inside and outside the vehicle. Images are recorded and later analyzed to determine the cause of the event that triggered the DriveCam recording. This innovative system is designed to reduce the risks involved in driving by providing feedback on both exemplary driving behaviors and behaviors that need improvement. DriveCam helps to ensure that each driver continually practices safe driving behaviors every moment while behind the wheel. First Transit, Inc. 123 This system does more than simply monitor driver behavior. It has proven to be an extremely constructive tool providing drivers with important, accurate, and unbiased feedback about their driving habits. In most instances, providing this feedback in a format that is easy to access and understand is adequate motivation for drivers to drive more safely and conscientiously. It allows the driver to see any driving behaviors that need improvement and to focus on changing these behaviors into positive driving habits. When drivers stray from the five seeing habits taught in the Smith System Defensive Driving Program during our classroom and behind-the-wheel training, their actions will likely trigger an event which will be saved by the DriveCam system, analyzed by a supervisor, and remedial counseling and/or retraining will occur with the driver. This daily feedback helps ensure that First Transit’s commitment to safety is the number one priority on a daily basis. DriveCam not only reduces accidents but also serves as a teaching mechanism for improving overall driving performance. DriveCam will: • Encourage and create consistent safe driving behaviors • Heighten driver awareness to constantly practice Defensive Driving skills • Reduce accidents and collisions • Lower insurance losses • Reduce operating expenses • Protect drivers in the event of an accident • Reduce driving-related repair and maintenance costs • Improve fleet gas mileage • Maintain the Company’s focus on Safety • Protect our customers and employees, keeping them free from harm Using DriveCam has reduced First Transit's accident frequency by 69% and accident severity by 69% in just over a year (FY12-13). First Transit, Inc. 124 DriveCam Program Performance Risk Reduction Results DriveCam also provides additional protections for our passengers as well as our drivers. A manual activation switch on the DriveCam unit can be utilized by the driver to capture events on board the vehicle such as: • Record the actions of violent or abusive riders • Record the drivers’ handling of difficult situations on-board • Document unusual situations for later review by First Transit or City staff The DriveCam Video System includes: • In-vehicle video/audio technology • Driving performance management software • Assistance with driver counseling We have found this tool to be very effective and positively received by our drivers. Through the use of this system, management is able to closely monitor individual driving performance daily. Drivers are aware that they are being monitored and quickly adjust to the idea that this tool is designed to protect the driver by reviewing the facts if an accident occurs, and by giving them constructive, unbiased, feedback on their own driving behaviors so they can improve any behaviors that warrant improvement. One of the reasons for the success of the system is that the driver immediately sees when an event has been triggered by viewing a small red light indicator that is activated when an erratic driving incident takes place. This immediate feedback allows the driver to evaluate whether his/her defensive driving behaviors need improvement or whether outside factors such as other drivers poor driving behaviors or poor road conditions caused the erratic First Transit, Inc. 125 event. The driver additionally gets feedback the following day from the supervisor on how to correct any areas that need improvement and is praised for any positive defensive driving, evasive actions that the driver took to avoid an accident. In this day of technological advances, this tool has proven to be an interesting and fun way to maintain positive driving behaviors or change and improve poor driving behaviors. It helps train individual drivers to focus on continual perfect driving behaviors and thus creates perfect driving habits. The key to the success of any tool is to make certain that it is used effectively through education and training. We believe that the City of San Luis will see the system’s Accident Frequency Ratio lower with the introduction of this innovative system. FUEL EFFICIENCY COMPONENT DriveCam’s behavior-based Fuel Management Solution is an innovative tool to improve fleet fuel performance. This program optimizes service efficiencies and reduces fuel costs. Reports will be pulled from the FED (fuel efficiency display) in the DriveCam system to determine if vehicles are being left to idle too long, thereby incurring unnecessary fuel costs. This report allows location management to find ways to increase fuel efficiency, and helps to enforce our corporate-wide Anti-Idling Policy. An example of increased fuel efficiency using DriveCam is our First Transit location in Glenview, IL. After full implementation of the Fuel Efficiency Display and coaching, we achieved an increase in fuel efficiency from 9.4 MPG to 10.7 MPG. We have experienced savings in our other locations and are committed to a successful implementation and subsequent fuel savings with the SLO Transit fixed route operation. Community Engagement First Transit has been part of the San Luis Obispo community since 2001. Our longstanding partnership with San Luis Obispo not only includes the millions of passengers we have carried but also our employees, who dedicate themselves to the successful operation of SLO Transit service. First Transit is part of this community, and we have a responsibility to make a positive impact through every facet of our operation at San Luis Obispo. Our community strategy helps us engage stakeholders on many levels – as customers, neighbors, residents, Cal Poly students, potential employees, and business partners. Throughout our service areas, we impact lives by efficiently and safely conducting our day- to-day operations and by promoting socially inclusive policies. This is what it means to be a First Transit, Inc. 126 good corporate citizen. The staff members for our SLO Transit operations are actively involved in the community and support annual community events: • Children’s Museum Film Production – First Transit provided a driver that was also featured in the film • SLO Marathon – First Transit provided a driver that also manned the double decker bus for display, as well as a WiFi-equipped bus for the event • Hospice Car Show Benefit – First Transit provided staff as a docent on the double decker bus • City Services Appreciation Event at Farmer’s Market – First Transit provided staff as docent to support the event • 911 Memorial for City Employees – First Transit provided driver for the City’s trolley • Cal Poly Home Coming Parade – First Transit provided a driver for the City’s trolley • Parks and Recreation Tour for City Employees – First Transit provided a driver for the City’s driver • Cal Poly Soar Program – First Transit provided docent and traffic control to support the summer program • Christmas Parade – First Transit decorated the City’s trolley and provided a driver • Chamber of Commerce City Tour – First Transit provided a driver for the City’s trolley • Higuera St. Fire Department – First Transit provided driver and attendant on one of the SLO Transit buses used as a warming station for a fire that occurred during freezing temperatures (see photos below). First Transit, Inc. 127 Our Focus on Employees Our people delivering client services are our greatest asset. Each day, First Transit depends on its trained personnel to deliver safe, on-time, and reliable transit services that exceed our clients’ expectations. While First Transit values their dedication, First Transit also realizes we have a responsibility to take care of them by providing competitive wage rates based on a market analysis, a comprehensive medical plan, in-depth training to do their jobs safely and efficiently, safety and training incentives, attendance incentive bonus days (see below), $500 employee referral bonus, and more. ATTENDANCE INCENTIVE BONUS DAYS First Transit has an Attendance Incentive Program at its SLO Transit operation available to both full-time and part-time employees who achieve perfect attendance. Perfect attendance is defined as completing all scheduled work hours throughout the period of measurement, and includes time off on paid vacation, paid holidays, paid funeral leave, paid jury duty, and scheduled/pre-approved unpaid absences. Only one incident of being tardy during the bonus period is permitted. Upon achieving perfect attendance for a period of three (3) calendar months, one Incentive Bonus Day is granted, up to a maximum of four (4) Incentive Bonus Days each year. An Incentive Bonus Day equals the employee’s average daily hours worked for the period of measurement. An Incentive Bonus Day may be retained for up to 12 months from the date earned. Incentive Bonus Days may be used as a personal day off, or as additional vacation. 5. Proposal Cost Form 5. Complete and submit RFP Attachment 3 entitled Proposal Cost Form Please refer to our Cost Proposal found under separate cover. We wanted to point out the impacts to our proposed costs in year one of the new contract based on changes in the RFP that have forced most of the increases in our pricing of 8.7% over current billable amounts. The major cost increase is due to the revised staffing levels required by the RFP for the shop and road supervision. Otherwise, we have kept the increases down on our remaining costs through efficiencies we have gained in how we procure parts and supplies and through the strong and effective support and local management staff we are proposing for this project. The table below illustrate the principal cost increases for your information. We feel this additional information is important for the First Transit, Inc. 128 City to know as you go through the process of evaluating our technical and pricing proposal. Cost Description % of total increase DriveCam (Contractor cost now) .5% Perform Bond (New RFP Requirement) .1% Maintenance (Parts/Materials) Increase .3% Shop/Computer Capital .4% Total cost of RFP Required added positions – Shop/Road Supervision 8.1% Cost Efficiencies -.7% Total of Principal Increases 8.7% 6. Proposal and Contractor Certifications 6. Complete and submit the required proposal and contractor certifications found in RFP Attachment 4. Please refer to the Attachments section of this Technical Proposal for all required proposal and contractor certifications found in RFP Attachment 4. 7. First Transit Contact Person 7. Provide the name of the firm's contact person, address, telephone number, facsimile (FAX) number and e-mail address. Contact Person Mr. Jim Rude, Director of Business Development, First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 [p] (913) 915-1061, [f] (913) 871-1255, [e] jim.rude@firstgroup.com ATTACHMENTS ATTACHMENTS ATTACHMENTS Attachment List Attachment 1: Requirement Documents • Form 1: Debarment, Suspension, and other Ineligibility and Voluntary Exclusion • Form 2: SLO Transit Certification Regarding Lobbying • Form 3: Disclosure of Lobbying Activities • Form 4: Drug Free Workplace Certification o Drug and Alcohol Policy • Form 5: Non-Collusive Affidavit • Form 6: Eligible Bidder Certification • Form 7: Worker’s Compensation Insurance Certification Attachment 2: Client List Attachment 3: DBE’s Certifications Attachment 4: Resumes • Al Rusco- General Manager • John Guyton- Operation / Safety Manager • Nathan Ray- Maintenance Manager Attachment 5: PMI Sheets Attachment 6: Insurance & Bond Attachment 7: DriveCam Brochure Attachment 8: Business Certifications • Certificate of Good Standing Attachment 9: Medical Benefits Attachment 10: Bishop Peak Technology Brochure ATTACHMENT 1 1 DRUG & ALCOHOL POLICY EFFECTIVE DATE: August 1, 2001 REVISIONS: All drug and alcohol revisions’ will be conducted in accordance with 49 CFR Part 40 and CFR Part 655, as amended. June 1, 2008 Merged policies from Legacy First Transit and Legacy Laidlaw Transit Services September 1, 2008 Added revisions to 49 CFR Part 40 which became effective August 25, 2008 February 1, 2009 Policy updated per 49 CFR Part 40 and 49 CFR Part 655 August 31, 2009 Policy updated per 49 CFR Part 40 and 49 CFR Part 655 January 10, 2011 Policy updated per 49 CFR Part 40 and 49 CFR Part 655 March 3, 2011 Policy updated per 49 CFR Part 40 and 49 CFR Part 655 This document sets forth First Transit’s policy on alcohol misuse and controlled substance abuse and details First Transit’s substance abuse testing program which applies to all First Transit employees who work at the Company’s FTA regulated locations. This policy is based on the DOT requirements set forth in the DOT regulation 49 CFR Part 40 and FTA 49 CFR Part 655. The Federal Regulations are available upon request. Requirements and/or disciplinary actions established by First Transit are entered in bold-faced type; otherwise, the FTA mandates the requirements and/or actions contained in this policy. On August 1, 2001 the governing board approved this policy. Subsequent revisions and board approval dates are noted above. Brad Thomas President Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 1 A Zero Tolerance Company First Transit supports a policy of a drug-free workforce. To implement the policy, First Transit has instituted a program of drug abuse education for employees, drug and alcohol testing for all employees and applicants for employment, a statement of prohibited behavior(s), corrective action related to positive tests or a refusal to test, and resources for employee assistance and rehabilitation. The Company recognizes that its employees’ use of illegal drugs and misuse of alcohol pose a significant risk to public safety, as well as the employee’s health and well being. Drug use includes, but is not limited to, marijuana, amphetamines, opiates, phencyclidine and cocaine, as well as any substance which causes the presence of these drugs or drug metabolites such as hemp-related products, coca leaves or any substance not approved for medical use by the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The “use” of drugs means presence in an employee’s body system while on duty. First Transit and all operating Companies cooperate fully with local, state, and federal authorities in matters pertaining to the use, possession, or sale of controlled substances by anyone on Company premises. A. PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect First Transit employees, customers, and the public from the safety and health risks posed by the misuse of alcohol and use of prohibited drugs. This policy is intended to comply with all applicable federal, state and local legislation and regulations governing workplace anti-drug use and alcohol misuse. They include DOT 49 CFR Part 40; FTA 49 CFR Part 655; as well as Company zero tolerance policy. This policy incorporates the requirements of the above regulations for safety-sensitive and non-safety sensitive employees. Reporting to work in an impaired or unfit condition because of the use or consumption of controlled substances or alcohol is strictly prohibited. Any employee who uses, possesses, or is involved in the sale or purchase of any prohibited drugs, while on Company premises, conducting Company business or operating Company equipment is considered to be in violation of Company policy. If any conflict occurs between state and local laws and any requirement of the above-mentioned Federal regulations, the Federal regulations prevail. However, Federal regulations do not pre-empt provisions of State criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse, whether the provisions apply specifically to transportation employees, employers, or the public in general. B. EDUCATION AND TRAINING The education and ongoing awareness component of this policy will include display of posters, distribution to all covered employees and representatives of employee organizations of the drug and alcohol policy and other informational materials, and periodic information seminars. Each employee will be required to sign an acknowledgment form. Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 2 As required by FTA regulations, the Company will provide a minimum of 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. All supervisory personnel or Company officials who are in a position to determine employee fitness for duty will receive an initial 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. Periodic retraining will also be required of supervisory personnel. C. COVERED EMPLOYEES General As a condition of employment, all employees are required to submit to drug and alcohol testing as allowed by law. Those of Safety Sensitive positions (refer to Appendix A) shall be in accordance with 49 CFR Part 655. A refusal to submit to a test as directed will be considered a refusal and the employee will be disciplined up to and including termination. Safety-Sensitive As defined by the FTA, safety-sensitive employees include those who perform, or may be called upon to perform, the following safety-sensitive functions: 1. Operating a revenue service vehicle, even when the vehicle is not in revenue service; 2. Operating a non-revenue service vehicle when required to be operated by a Commercial Driver’s License (CDL) holder; 3. Controlling dispatch or movement of a revenue service vehicle; 4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service; and 5. Carrying a firearm for security purposes. D. PRESCRIPTION OR OVER-THE-COUNTER MEDICATION Please note there are risks associated with the use of certain prescription and over the counter medications. Under Company policy, the use of legally prescribed drugs and over the counter medications is not prohibited. However, before beginning a work shift, Company employees must report to his or her supervisor the use of substances that may potentially impair performance or increase the probability of accident, injury, or damage to property. It is the employee’s responsibility to advise their supervisor of over the counter medication and/or prescription medications taken. It is also the employee’s responsibility to obtain and provide documentation to the employee’s supervisor from a certified medical professional confirming the employee’s fitness to safely perform his/her job responsibilities. A verified positive drug test result whether for illegal substances, illegal use of prescriptions, or misuse of prescriptions will result in disciplinary action up to and including termination. A prescription is considered valid only if it is in writing and indicates the employee’s name, date, the name of the substance, quantity or amount to be taken, and the period of authorization. It is a violation of this policy to use any controlled substance in a manner that is inconsistent with the prescription. E. TYPES OF TESTING Safety Sensitive Employees Pre-Employment Testing A verified negative drug test result must be received before any applicant shall be permitted to perform any safety sensitive job function. A pre-employment drug test must also be performed and a negative result Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 3 received for an employee who transfers from a non-safety sensitive position to a safety sensitive position prior to the employee assuming his or her new position. If the applicant previously worked for any DOT-covered employer in the past two years, First Transit also will conduct a pre-employment drug and alcohol background check from the previous employers. The Company will also inquire in writing if the applicant has previously failed or refused a DOT pre-employment drug and/or alcohol test. If there was any previous violation, the employee must provide the Company proof of having successfully completed a SAP-recommended referral, evaluation and treatment plan. If a pre-employment test is canceled by the MRO, the individual will be required to undergo another test and successfully pass the test with a verified negative result before performing safety-sensitive duties. If an applicant tests positive for drug(s) or alcohol or refuses to submit to a test when required, the Company shall advise the individual of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse and document such referral. He or she shall be given the name, address and phone number of a local Substance Abuse Professional (SAP). W hen a covered employee or applicant has not performed a safety sensitive function or an employee’s employment status has changed, (temporary layoff, leave of absence, lost time Worker’s Compensation claim. etc) for 90 or more consecutive calendar days regardless of the reason, and the employee has not been in the employer’s random selection pool during that time, the Company shall ensure that the employee takes a pre-employment drug test with a verified negative result prior to resuming safety-sensitive functions. In cases of temporary leave, less than 30 days (such as vacation, sick leave, jury duty, etc.) when the employee has not been taken out of the random pool, a DOT pre-employment test is not required prior to returning to a safety sensitive position. If the temporary leave extends beyond 30 days but less than 90 days, the employee must have a non- DOT pre-employment test with a verified negative result prior to resuming safety-sensitive functions under Company policy. For those employees who are in a non-safety-sensitive position and are not covered by federal regulations, they will be required, prior to returning to work, to have a non-DOT pre-employment drug test with a negative test result. This drug test will be conducted only after employee has been out on leave for more than 30 days. Note: The Return-to-Duty testing category should not be used under these testing circumstances. The pre-employment category is to be used. NOTE: The Company may conduct pre-employment alcohol testing where mandated by contract. Reasonable Suspicion Testing The Company shall conduct a drug and/or alcohol test when the Company has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. • The Company’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. A supervisor or other company official (s) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. • Alcohol testing is authorized under this section only if the observations required by the above paragraph of this section are made during, just preceding, or just after the period of the workday that the covered employee is required to be in compliance with this part, The Company may direct a covered employee to undergo reasonable suspicion testing for alcohol only while employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 4 • If an alcohol test required by this section is not administered within two hours following the determination under this section, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the determination of this section, the employer shall cease attempts to administer an alcohol test and state in the record the reasons for not administering the test. All Company employees are subject to reasonable suspicion testing for drugs and/or alcohol. Whenever a trained supervisor or other Company official has reason to believe that an employee has misused alcohol or a prohibited drug, reasonable suspicion testing will be conducted. The identifying supervisor’s observations will be documented and such documentation shall be kept in the employee’s confidential drug and alcohol testing file. Employees directed to submit to reasonable suspicion testing shall be escorted by a supervisor who will drive the employee to the collection site. The employee shall not be permitted to return to duty until a negative test has been confirmed. An employee who produces a negative result shall be promptly returned to his or her regular work and be made whole for any lost wages. The Company will only direct a covered employee to undergo reasonable suspicion alcohol testing while the employee is performing, is just about to perform, or has just ceased performing safety-sensitive functions. Post-Accident Testing Any safety-sensitive employee involved in an accident shall be required to submit to drug and alcohol test(s) as soon as practicable after the accident. Thresholds for FTA Post Accident testing: • Fatality. In the event of a fatality, any surviving covered employee operating a public transportation vehicle at the time of an accident will be required to submit to tests for alcohol and prohibited drugs as soon as practicable. The company also will test any other employee whose performance could have contributed to the accident, as determined by the company using the best information available at the time of the decision. • Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or • One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. In the event of a non-fatal accident that otherwise meets the FTA post-accident testing threshold, the decision to administer or not administer a post-accident test shall be based on First Transit’s determination of whether or not the covered employee was a contributing factor to the accident, using the best information available at the time of the accident. The company also will test any other employee whose performance could have contributed to the accident, as determined by the company using the best information available at the time of the decision. At First Transit, for all accidents, we use the Post Accident Substance Abuse Testing Decision Maker to make our decision to test or not to test and document the file. Covered employees are prohibited from using alcohol for eight hours following any accident or until the required post-accident test is administered, whichever comes first. Every effort will be made to conduct post-accident drug and alcohol tests within two hours following an accident. Covered employees involved in accidents must remain readily available for testing, including notifying the Company of their location if they leave the scene of the accident before testing, and will be considered to have refused to submit to testing if they fail to do so. This requirement will not require the delay of necessary medical attention for injured people following an accident or prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or obtain necessary emergency medical care. In the event an alcohol test is not administered within two hours following an accident, the Company will prepare and maintain a record stating the reasons why the test was not promptly administered. If an alcohol test is not administered within eight hours following an accident, the Company will make no further effort to administer an alcohol test and document the reasons why the test was not administered within eight hours. Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 5 In the event a drug test is not administered within 32 hours following an accident, the Company will cease its attempts to administer any further testing. First Transit’s policy is such that following a post-accident test; the employee is not allowed to perform any safety-sensitive function until the Company has received negative test results. So long as they are not subject to any disciplinary action related to the accident, any employee whose drug test and/or alcohol test produces a negative result shall be promptly returned to his or her regular work and be made whole for any lost wages, unless the employee is suspended for any additional purposes concurrent with the waiting of the test results. Random Drug and Alcohol Testing The Company will conduct random drug and alcohol tests at a minimum annual percentage of covered employees as required by the FTA. The random testing rates are subject to change on an annual basis, depending on the industry-wide positive rate determined by the FTA from the annual MIS reports submitted by covered employers. Management does not have discretion and/or influence concerning the selection process. The random selection process will be completely objective and anonymous and will utilize a scientifically valid method such as a random number table or a computer based random number generator matched with employee’s social security numbers, payroll identification numbers, or other comparable identifying numbers. This method ensures each employee the same fair and equal chance of selection for testing. A covered employee may be randomly tested for prohibited drug use anytime while on duty. The testing will be unannounced and unpredictable. The Company will ensure that testing will be reasonably spread throughout the course of the year, all days of the week and hours of the day when safety-sensitive duties are being performed. Random lists are only valid for the month indicated on the list and expire on the last day of each month. No employee can be tested after the random selection period has expired. Therefore, the DER must make every effort to test all employees selected during the month in which they are selected. If an employee is unavailable for testing due to an approved leave (i.e. vacation, leave of absence, illness) the DER must test that employee when they return as long as it is within the random selection period. All employees selected for random testing are required to be tested during the random selection period. For missed tests, a legitimate reason must be documented and kept on file with the random selection list. Employees are required to immediately proceed to the designated collection site testing facility following notification of selection. Covered employees will only be required to submit to random alcohol tests if they are performing a safety- sensitive function, about to perform a safety-sensitive function, or have just ceased performing a safety- sensitive function. Failure to submit to a test, failure to comply with the instructions of the testing facility staff or leaving the facility prior to the completion of the test shall be treated as a “refusal-to-test”, which is treated as a failed test. Failure to submit to or complete the test as outlined above will subject the employee to immediate suspension and disciplinary action up to and including termination. Return-To-Duty/Follow-Up Testing First Transit is zero tolerance employer, and therefore does not conduct Return-To-Duty or Follow-up testing. Non-Safety Sensitive Employees Employees in non-safety sensitive positions are subject to the Company’s drug and alcohol testing program pursuant to an applicable Collective Bargaining Agreement or State law. The same Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 6 guidelines for testing under DOT/safety sensitive will be used for a non-safety sensitive test, only using non-federal forms. Refusal to Submit/Test Any covered employee who refuses to submit to an alcohol and/or drug test will be prohibited from performing or continuing to perform a safety-sensitive function and be subject to discipline. “Refusal to Submit” to an alcohol and/or drug test carries the same consequences as a positive test result, a violation of this policy, and includes the following conduct: • Failure to appear for any test (except a pre-employment) at the collection site in the time allotted. • Failure to remain at the test site until the testing process is completed, except in pre-employment situations where leaving before the testing process begins is not deemed to be a test refusal. • Failure to provide a urine, breath, or saliva specimen collection when it is required by DOT Part 40. • Failure to permit the observation or monitoring or specimen collection when it is required. • Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation. • Failing to cooperate with any part of the testing process (e.g. refusing to empty pockets when so directed by the collector or behaving in a confrontational way that disrupts the collection process). • For an observed collection, failure to follow the observer’s instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if individual is wearing any type of prosthetic device that could be used to interfere with the collection process. • Failure or refusal to take a second test First Transit, the MRO, or collector has directed the employee to take. • Possessing or wearing a prosthetic or other device that could be used to interfere with the collection process. • Admitting adulteration or substitution of the specimen to the collector or the MRO. • Failure to sign the certification at Step 2 of the ATF (Alcohol Testing Form). • If the MRO reports a verified adulterated or substituted test result. • Failure to undergo a medical evaluation, by the MRO or DER for drug and alcohol testing. • Leaving the scene of the accident without just cause prior to submitting to post-accident test. F. DRUG & ALCOHOL TESTING PROCEDURES General First Transit will conduct all DOT drug and alcohol testing in accordance with 49 CFR Part 40, as amended. To test for prohibited drugs, an initial screening test using an immunoassay technique will be performed at a DHHS certified laboratory. If the specimen is positive for one or more of the drugs tested, a confirmation test will be performed using the state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. If the test is confirmed positive, the Medical Review Officer (MRO) will conduct a verification process, which includes giving the employee an opportunity to provide a valid medical explanation for the positive test result. The Company will require the employee to immediately provide another specimen collection under direct observation if the creatinine concentration of a negative-dilute specimen was greater than or equal to 2mg/dL but less than or equal to 5mg/dL. If the result of the second test is again negative-dilute, the Company will accept the result as negative. If the laboratory reports to the MRO an “Invalid Result” or “Rejected for Testing” (because of a fatal or uncorrectable flaw), a recollection may be required by the MRO, and depending on the circumstances, the recollection may be directly observed. Urine is collected at a DOT approved collection site and is sent to a DHHS certified laboratory for testing. The employee must produce at least 45 mL of urine or is considered a “shy bladder”. If the employee cannot produce the required Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 7 quantity of urine (“shy bladder”), the collection site will offer employee the opportunity to consume 40oz. of water within a three (3) hour time frame in order to produce the required 45mL of urine. The employee may NOT exit the premises of the testing facility during this time. If employee leaves the testing facility, the test will be considered a refusal subjecting the employee to immediate suspension and disciplinary action up to and including termination. In the event of a “shy bladder,” employee must undergo a medical evaluation. The Company will refer the employee to a physician acceptable to the MRO and employee will be required to provide evidence of a medical condition hindering the production of urine. The employee has 5 days to get a medical evaluation once a shy bladder occurs. If the medical evaluation proves that there is a valid medical condition, the employee shall be reimbursed and returned to duty with full pay or placed back into the recruiting process To test for alcohol, the employee shall be required to provide a breath sample using an Evidential Breath Testing (EBT) device on the NHTSA conforming products list and operated by a trained Breath Alcohol Technician (BAT). If the initial test result is 0.02 or higher, the employee will be directed to take a confirmation test. In the event of a “shy lung”, where the employee is unable to provide a sufficient breath sample for testing, the Company will refer the employee to a physician of our choice for medical examination within 5 days to determine if there is a valid medical condition that makes it unable for the employee to provide a sufficient amount of breath. If the physician finds: 1. That a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of breath, the test is cancelled. Each time an employee of the Company is selected for testing, they must make a valid attempt to provide a breath sample. All previous testing scenarios do not apply and any previous letters that have been kept on file regarding a medical condition are no longer valid. 2. That there is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of breath, the employee will be considered to have refused the test. Dilute Results If there is a dilute test result, unless the creatinine concentration of a negative-dilute specimen was greater than or equal to 2mg/dL but less than or equal to 5mg/dL, the Company will accept the test result and there will be no re-test. Prohibited Drugs The following uses unless legally prescribed, consumption of these substances is prohibited at all times. • Marijuana • Cocaine • Opiates • Amphetamines • Phencyclidine Alcohol Testing The Company will be testing for alcohol in the following circumstances: • Post Accident • Reasonable Suspicion • Random Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 8 First Transit is a zero-tolerance employer, and therefore does not conduct any Return-to-Duty or Follow-Up testing under DOT authority. Prohibited Usage of Alcohol The following uses of alcohol are prohibited under this policy: 1. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater. 2. Using alcohol while performing safety-sensitive functions. 3. Using alcohol within four hours prior to performing a safety-sensitive function. 4. Employees are prohibited from using alcohol during their specified on-call hours. However, any on- call employee who has used alcohol during his/her on call hours will be given the opportunity to acknowledge such use and/or their inability to perform a safety-sensitive function at the time they are called to report to duty. If an on-call employee acknowledges the use of alcohol, but claims to be able to perform their safety-sensitive function, they will be required to submit to an alcohol test. 5. Eight hours following an accident, or until after the test is completed. Directly Observed Urine Specimen Collection Under DOTs 49 CFR Part 40 directly observed collections are permissible only under one of the following circumstances: • Creatinine between 2 mg/dL but less than or equal to 5 mg/dL as verified by the MRO; • If the collector observes employee conduct that clearly indicates an attempt to tamper with a specimen; • If the temperature on the original specimen was out of range; • If the original specimen appeared to have been tampered with; • If the laboratory reported to the MRO that a specimen is invalid and there was no adequate medical explanation for the result; • If the MRO reported that the original positive, adulterated, or substituted test result had to be canceled because the split specimen testing could not be performed; • The test is a follow-up test or a return to duty test. The observer shall be the same gender as the employee, but need not be the collector. The observer is responsible for ensuring that the specimen goes from the employee’s body into the collection container. If the employee declines to allow a directly observed collection when required or permitted under this policy, it is considered a refusal to test. Split Specimen Testing After notification by the MRO of a verified positive drug test or refusal to test because of adulteration or substitution, the employee has 72 hours to request a test of the split specimen. If more than 72 hours have passed, but the employee can present information that demonstrates to the satisfaction of the MRO that extenuating circumstances unavoidably prevented the employee from making a timely request, the split specimen may be tested. The employee will be suspended without pay or removed from the hiring process until the result of the split sample test is received from the MRO. Should the result of the second test be positive, the employee shall be required to reimburse the Company for the cost of the test. The employee shall be returned to duty with full pay if the second test invalidates the original test or if the test was cancelled. G. CONSEQUENCES/DISCIPLINE In addition to the immediate removal from safety-sensitive functions required by Federal Transit Administration Regulations, the Company will take the following disciplinary action against any individual who violates this policy: Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 9 A) An individual who tests positive on a pre-employment or pre-duty test for a prohibited drug will not be hired for a covered function position. A referral to an SAP will be provided. B) Any covered employee who has a verified positive drug or confirmed alcohol test result with an alcohol concentration of 0.04 or greater, or who refuses to submit to a drug or alcohol test under this part, will be removed immediately from his or her safety-sensitive function and be evaluated by a Substance Abuse Professional. The consequences of verified positive drug or confirmed alcohol test the employee is subject to disciplinary action up to and including termination under Company policy C) If an employee’s alcohol test result is 0.02 or above, but less than 0.04, the employee will be removed from safety-sensitive functions and the employee will be subject to the consequences of disciplinary action up to and including termination under Company policy (unless prohibited by Collective Bargaining Agreement). H. REFERRAL, EVALUATION AND TREATMENT If an employee or applicant tests positive for drug(s) or alcohol or refuses to submit to a test when required, the Company shall refer the employee to a local Substance Abuse Professional (SAP), advise the individual of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse, and document such referral. He or she shall be given the name, address and phone number of Substance Abuse Professional (SAP) acceptable to the Company and a list of community hot line numbers if available. The employee will be responsible for any and all costs associated with the SAP evaluation and recommendation(s), unless otherwise required by applicable federal or state law. Voluntary Self-Referral An employee who voluntarily (not in response to a Company request to take a drug or alcohol test, or the positive result of a drug or alcohol test) admits to management that he or she has a substance abuse or alcohol problem, and who wishes to voluntarily submit to a Rehabilitation Program, shall be placed on unpaid medical leave. Any voluntary requests for treatment must be made prior to any pending drug/alcohol test or disciplinary related action. • An appropriate leave of absence may be granted for treatment and rehabilitation. • The employee may be permitted to take accrued sick leave or administrative leave to participate in the Substance Abuse Counselor prescribed treatment program. If the employee has insufficient accrued leave, the employee shall be placed on leave without pay until the Substance Abuse Counselor has determined that the employee has successfully completed the required treatment program and releases him/her to return to safety sensitive duties. • Any leave taken, either paid or unpaid, shall be considered leave taken under the Family and Medical Leave Act. • Payment for treatment will be coordinated through the employee’s health insurance provider. Employees who do not have health insurance coverage are responsible for the entire cost of any recommended treatment or rehabilitation services. • The employee must present evidence of having enrolled in and successfully completed, at his or her own expense, a rehabilitation program approved by First Transit. • The employee must submit to a non-DOT pre-employment drug and alcohol test, at his or her own expense, which produces a negative result. • The employee must sign First Transit’s Post-Rehabilitation Return to Work Agreement. Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 10 • If a test result is canceled by the lab, the individual will be required to undergo another test and successfully pass the test with a verified negative result before performing safety- sensitive duties. An employee placed on unpaid leave as provided in this section must satisfy the provisions of the items above not later than 12 weeks from the commencement of this leave. An employee failing to do so shall be deemed to have abandoned his or her job. Any employee who is returned to work as provided in this section of the policy and who fails to comply with any of the terms of the Post – Rehabilitation Return to Work Agreement will be discharged. Employees will not be disciplined for requesting treatment, but will be expected to observe job performance standards and work rules as they apply to every employee. Any decision to seek help will not interfere with an employee’s eligibility for promotional opportunities. Confidentially of information will be maintained at all times. APPENDIX A - Safety-Sensitive Job Functions/Descriptions The following positions have been designated as safety-sensitive functions and shall be subject to testing under the requirements of the policy. All Drivers of Company Vehicles - Any employee who operates a revenue service vehicle, even when not in revenue service, which includes driving on company property and behind-the-wheel training. Any employee who operates a non-revenue service vehicle, when required to be operated by a holder of a Commercial Drivers License (CDL). Vehicle Maintenance Workers - Those employees that maintain a revenue vehicle or equipment used in revenue service. Employees Holding A CDL - Any employee who holds a CDL, and is subject to revenue vehicle operation, may operate a non-revenue vehicle when required to be operated by a holder of a CDL, and / or perform vehicle maintenance on equipment used in revenue service. Dispatchers / General Managers / Supervisors - Employees who control the dispatch or movement of revenue service vehicles including all executive staff during a crisis situation. Supervisors who may have job descriptions that include safety-sensitive functions will be subject to the requirements of the policy while they are performing the safety-sensitive duty. This includes General Managers, Operations Managers, Assistant Operations Managers, Maintenance Managers, and Managers. Senior Staff Positions - President, Senior Vice President, Region Vice President, Director of Safety, Region Manager, Assistant Manager, and General Manager. This includes all senior staff positions that have the ability to control the movement of revenue service vehicles (dispatch) in a crisis situation. Clerk / Receptionist / Dispatchers - Those employees that work as clerks or receptionists in the Location who will occasionally control the dispatch or movement of a revenue vehicle. NOTE: • In addition to the above, all First Transit positions are subject to review for safety-sensitive qualifications and may be added to the random testing protocol at any time. • If you have a location specific job function that is not included in the above, please contact the Drug and Alcohol Program Manager (DAPM) to clarify the job duties regarding safety-sensitive or non-safety-sensitive testing. Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 11 First Transit has designated the Corporate Drug and Alcohol Administrator to be the Drug and Alcohol Program Manager (DAPM) and Designated Employer Representative (DER), to answer employee questions about the Anti-Drug and Alcohol Misuse Program. Any questions about the Drug and Alcohol Policy or any aspect of the Company’s drug- and alcohol-free program should first be referred to your direct Manager. If you are unable to seek resolution at your local office please seek assistance through the below contact: o Corporate Drug and Alcohol Administrator (513) 684-8736 Kathleen DeKelaita 600 Vine Street, STE 1400, Cincinnati, Ohio 45014 APPENDIX B - To Find a Local DOT-qualified Substance Abuse Professional (SAP) in Your Area SAPlist.com - www.saplist.com Primary goal: to help employers find, contract and engage the services of qualified and trained SAPs. National Counseling Resource – (800) 607-1010 o Managed SAP Services o Works with qualified DOT SAPs nationwide o Employer/Employee contacts provider and contracts through them for SAP services for a flat fee o Oversees process and reports to make sure compliant National Substance Abuse Professionals – www.nsapn.com (800) 879-6428 o Managed SAP Services o Works with qualified DOT SAPs nationwide o Employer/Employee contacts provider and contracts through them for SAP services for a flat o Oversees process and reports to make sure compliant American Substance Abuse Professionals (ASAP) – www.go2asap.com (888) 792-2727 o Managed SAP Services o Works with qualified DOT SAPs nationwide o Employer/Employee contacts provider and contracts through them for SAP services for a flat fee o Oversees process and reports to make sure compliant Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 12 Drug and Alcohol Policy Employee Acknowledgement Form By signing, I acknowledge that I have received, read, understand and shall comply with the First Transit Drug and Alcohol Policy. I have also received the required 60 minutes of training on the effects and consequences of prohibited drug use. Name: Company/Location Code: Position: Signature: Date: (Return this form to your Supervisor for inclusion in your drug and alcohol file) Revised On: 3/31/11 Updated On: 8/10/12 Effective Date: 08/01/2011 Page 13 ATTACHMENT 2 2 1 Good Faith Efforts – First Transit, Inc. SLO Transit, Operation and Maintenance of Fixed Route, Public Transit Services 03/07/2016 DBE Name & Address Contact Name Phone/Fax/Email Type of Service Contact Log Artifex Industries 3545 S. Higuera St. Suite F San Luis Obispo, Ca 93401 Manuel Ramos 805-547-9800 805-547-1348 (fax) manny@artifex7.com Landscape / Property Maintenance 1/7/16- On site appointment with Rob Elder for estimate for ongoing landscape maintenance. - NR Estimate obtained 1/22/16 $7,200. Yearly Revised Estimate 2/17/16 $6,000. Yearly Executive Janitorial 233 Granada Dr. Suite D. San Luis Obispo, Ca Marcia Slagle 805-541-5266 Execjan1@att.net Building Janitorial 1/6/16- On site appointment with Marcia Slagle for estimate for ongoing janitorial service. - NR Estimate obtained 1/8/16 $15,480. Yearly Revised estimate 2/19/16 $9,360. Yearly Westside Auto Supply 56 Prado Rd. San Luis Obispo, Ca 93401 Jackie 805-543-5943 Auto parts / Bus Parts / Shop supplies 2/10/16- Confirmed with Jackie WSAP status as a certified DBE. Certification has lapsed but she was in process of re- instatement and would get the DBE # to N R. 2/10/16 Confirmed SBA/DBE # 45706 Current spend 02/15- 02/16 $7,979.00 NON DBE SLO customs body and paint 731 Buckley Rd. San Luis Obispo, Ca 93401 Garry Finegan 805-541-4938 Current vendor for body and Paint repair on buses 2/17/16- Spoke with Gary about becoming a DBE as they qualify. He is not interested at this time as he is going through a re-evaluation of his business. - NR NON DBE City Motors Towing 512 S. Oakley Rd. Santa Maria, Ca Christie 805-922-8787 Current towing vendor 2/19/16- Awaiting decision of owner to register as DBE. Currently qualify as a female owned business. - NR 2 Impact Absorbents 5255 Traffic Way Atascadero, Ca Kari Morales 800-339-7672 805-466-4709 Current vendor for oil / chemical absorbents 2/22/16- Found Impact Absorbents as a current vendor for First Transit. Currently registered as a female owned business. - NR Annual spend $1,000. 02/22/16- Sent Letter of Intent for signatures to Artifex, Executive Janitorial, Westside Auto Parts and Impact Absorbents. All letters of intent have been returned – NR JCM & Associates 5443 E. Washington Blvd Commerce , CA 90040 Richard Crady 800-543-3732 323-726-7643 (fax) Richard@bluegooseuniforms.com Uniforms 2/10/16 – JR Phoned to discuss uniform needs. Company does not provide laundry service with uniforms. W ill not be able to use. Manufacturers Warehouse 436 Richmond Ave Clovis, CA 93619 Gerald Moreno 559-435-4321 559-435-3921 (fax) mw@wrl191s.com Bus Parts and Supplies 2/10/16 – JR - Emailed a letter with request for interest. 2/11/16 – returned letter of interest with certifications. Is interested in supplying lubricants. Black Gold Industries 527 N. Rice Avenue Oxnard, CA 93030-8924 Victor Villard 805-981-4616 805-981-0105 (fax) Vvillard@bgi1.com Hazardous Substance Removal 2/10/16 –JR - Emailed a letter with request for interest. Company did not respond. Will follow up. Strategic Tire Solutions, LLC 1200 Woodruff Road, Suite H-11 Greensville, SC 29607 James Gray 864-242-5589 864-242-4232 (fax) mturner@strategictire.com Tires 2/10/16 – JR - Emailed a letter with request for interest. Company did not respond. Will follow up. Capital Office Products, Inc. 15840 Monte Street, #104 Sylmar, CA 91342 Carolyn Nelson 818-362-4156 818-362-8583 (fax) carolynnelsoncorp@gmail.com Office Supplies 2/10/16 – JR - Emailed a letter with request for interest. Email came back as undeliverable. Resent email to second email address and it was returned. Attempted to fax request and it came back as unsuccessful. Oasis Business Supply, Corp 7859 Babcock Avenue North Hollywood, CA 91605 Diana Cobb 323-982-0969 855-894-3975 diana@oasisbsc.com customerservice@oasisbsc.com Office Supplies 2/10/16 – JR - Emailed a letter with request for interest. Company did not respond. Will follow up. 3 Advertising DBEGoodfaith.com www.DBEgoodfaith.com Advertising on-line for California certified DBE vendors. Placed ad on this website on February 4, 2016. Will run through March 9 2016. Copies of ads are included with outreach efforts. Exective Vice President e /e /1.3 Use of Form: This form is a suggested lormat that meets the solicitation information required by 49 CFR Part26.53. Sponsors use other formats provided their solicitation bid documents reeUire the information addressed within $26.53. LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each DBE firm) Bidder/Offer Name: First Transit Address: 29 Prado Rd City: San Luis Obispo State: Ca Zip:93401 DBE Firm:DBE Firm: Executive Janitorial Address: 233 Granada Dr suite E D City: San Luis Obispo State:Ca Zip: 93401 DBE Contact Person: DBE Certifying Agency: Name: Marcia Slagle Phone: r805t 541-5266 DOT / UCP Expiration Date: Each DBE Firm shall submit evidence (such as a photocopy) of their certification status Classification:nPrir" Contractor EManufacturer Esubcontractor Eloint venture tr The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: AFFIRMATION: Percent of total contract: 39.5 % The above-named DBE firm affirms that it will perform that portion of the contract for the estimated dollar value as stated herein above. * ln the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of lntenl and Affirmation shall be null and void. $ 23.742. Description of Work ltem Quantity Work item(s) to be performed Buildinq Janitorial $9,360. annuall DBE-1 ATTACHMENT 3 3 Agency Name Date of Service Annual VSH’s Number of Vehicles Annual Number of Passengers Approx. Annual Revenue (USD) Contact Name Phone Number Address Service Allegany County 4/8/1999 13,821 25 140,366 $900,000 Mitch Alger (585) 268- 9217 7 Court St. Belmont, NY Fixed Route Chemung County 1/1/1988 44,800 28 717,015 $5,000,000 Tina Hager (607) 737- 5600 400 East Church St. Elmira, NY Fixed Route; Paratransit City of Madera 9/1/1995 28,800 22 195,297 $1,000,000 Ellen Moy (559) 661- 3692 ext. 358 205 W. Fourth St. Madera, CA Fixed Route; Paratransit City of Pasadena 12/1/2007 83,000 30 958,580 $5,000,000 Valerie Gibson (626) 744- 7452 303 North Allen Ave. Pasadena, CA Dial-a-Ride; Fixed Route; Paratransit City of Turlock 12/1/1975 15,100 14 83,348 $550,000 Scott Mereiros (209) 668- 5599 156 S. Broadway Suite 150 Turlock, CA Fixed Route; Paratransit City of Vacaville 8/1/2006 36,700 21 443,116 $1,400,000 Brian McLean (707) 449- 5330 630 Merchant St. Vacaville, CA Fixed Route; Paratransit Crescent City - Redwood Coast Transit 7/1/2003 20,000 14 156,158 $850,000 Mark Wall (559) 734- 2646 1445 South Silvervale St. Visalia, CA Fixed Route; Paratransit Delaware Transit Corporation New Castle County 2/3/2014 34,100 17 16,692 $1,800,000 Richard Walters (302) 576- 6164 119 Lower Beech St., Suite 100 Wilmington, DE Fixed Route; Paratransit Metrowest Regional Transit Authority 7/1/2008 64,400 25 353,551 $2,300,000 Ed Carr (508) 935- 2222 160 Waverley St. Framingham, MA Fixed Route Nashua Transit System 7/1/2009 42,100 21 522,286 $1,600,000 Sarah Marchant (603) 821- 2035 11 Riverside Dr. Nashua, NH Fixed Route; Paratransit River Valley Metro Mass Transit District 7/1/2007 86,000 22 903,073 $3,005,588 Robert Hoffmann (815) 935- 1403 1137 E 5000 N. Rd Kankakee, IL 60915 Fixed Route; Paratransit San Diego Minibus 6/11/2011 62,900 37 600,000 $3,200,000 Bill Spraul (619)238- 0100 100 16th St. San Diego, CA 92101 Fixed Route ATTACHMENT 4 4 Alfred Rusco General Manager EXPERIENCE First Transit, Inc. 2012–Present General Manager San Luis Obispo, CA • Manage daily operations for all Fixed Transit services for San Luis Obispo City Transit • Ensure services are provided within budget and action plans developed and implemented to improve operational efficiencies • Oversee all functional personnel for First Transit at project site • Maintains company and contractual assets (vehicles, facilities, inventories, tools, and equipment) • Analyze, prepare, and develop budgets and forecasts • Ensure compliance of local, state, and federal laws and regulation (CHP, EPA, OSHA, DOT, ADA, and EEOC) • Ensures a safe working environment/promotes strong safety culture • Work directly and indirectly with local union (Teamsters) • Oversee recruiting, Hiring and Training Scheduling • Monitor and maintain contractually required Key Performance • Indicators including but not limited to OTP, Service Coverage and overall Customer Service goals 2007–2012 General Manager San Simeon, CA • Managed daily operations for all Shuttle services for Hearst State Monument/Hearst Castle; ensure superior customer service and safe operations. • Oversaw all functional personnel for First Transit at project site. • Ensured services are provided within budget and action plans developed and implemented to improve operational efficiencies. • Maintained company and contractual assets (vehicles, facilities, inventories, tools, and equipment). • Analyzed, prepare, and develop budgets and forecasts. • Ensured compliance of local, state, and federal laws and regulation (CHP, EPA, OSHA, DOT, ADA, and EEOC). • Assessed resource needs, problems, and trends and plans accordingly. • Ensured a safe working environment/promotes strong safety culture. 2001– 2007 Bus Driver / Clerk San Simeon, CA • Clerk, September, 2006 to 2007 • Bus Driver from April, 2001 to September, 2006 Alfred Rusco General Manager Kern Co. Supt. Of Schools 1998–2006 Lead Cook / Substitute Bus Driver Cambria, CA • Supervised cook staff, plan menus, adhere to child nutrition programs and order food and supplies. Fill in for bus driver. Denny’s Restaurant 1994– 1998 Restaurant Manager Pismo Beach, CA • Accountable for budgeting, cost control, payroll, general accounting and full P & L responsibilities. • Planned menus, estimated food and beverage cost and purchased inventory • Recruited, hired, supervised, scheduled and motivated a staff of up to 50 employees EDUCATION Cuesta College San Luis Obispo, CA A.A. General Studies AFFILIATIONS United States Air Force Radar Repairman John Guyton Operations / Safety Manager EXPERIENCE First Transit / SLO Transit 2012–Present Safety / Operations Manager San Luis Obispo, CA • Assume first-line supervision of location employees. Ensure company policies and procedures are followed. • Assist GM in day-to-day operational oversight of location operations • Oversee DriveCam program • Ensure operators have the daily documentation necessary to complete their routes • Manage driver performance review program. • Develop manpower requirement for Dispatchers, Operators, and assists with evaluating trip patterns for run structure revisions • Develop procedure manuals for Dispatchers, Road Supervisors, and Operators personnel. • Monitors and evaluates Operations activities which includes vehicle on-time statistics, missed runs, revenue/cost data, total work hours, total pay hours, customer compliant data, accident data, road call data, and other operations related functions • Manage FTA drug and alcohol program • Accident investigation, operator retraining, and claim handling. • Facilitate safety meetings • Provide leadership and guidance for the safety solution team • Responsible for classroom and behind the wheel training for bus operators • Initiate incident reports when necessary and provide leadership and guidance for bus operators Hearst Castle 2008–2012 Operations Manager San Simeon, CA • Operations Manager with responsibility for all aspects of the daily operation of the Hearst Castle shuttle service • Oversaw driver scheduling to ensure operational productivity standards are met • Responsible for classroom and behind the wheel training for bus operators • Scheduled dispatch staff, ensure adequate staffing • Initiated incident reports when necessary and provide leadership and guidance for bus operators 2008– 2008 Clerk San Simeon, CA • Assisted maintenance with record keeping • Stocked and audit inventory John Guyton Operations / Safety Manager • Assisted contract manager with record keeping • Extraboard driver when needed • Assisted in bus washing Lucia Mar Unified School District 2004– 2008 Bus Driver Arroyo Grande, CA • Operator of various school district buses • Skilled to drive manual transmission and Type one buses Alpine Steel 2003– 2004 Mechanics Assistant Las Vegas, NV • Fleet maintenance of various vehicle types from 80 ton cranes to Ford F-350 • Small engine maintenance and repair for mobile welders John Guyton Mobile Repair Services 2003– 2003 Self-Employed Mechanic Las Vegas, NV • Mobile Repair all types of vehicles • Performed various repairs and maintenance on trucks and cars including oil changes, belts, hoses and tune-ups. Nevada Radiation Therapy 2001– 2003 Lab Technician Aide / Supervisor Las Vegas, NV • Supervised three drivers • Scheduled drivers daily routes and job duties • Formed Precision Beam Blocks • Transported patients to and from clinic AWARDS AND RECOGNITIONS Name of Award and Recognition • Certified safety and security officer • DMV certified examiner Nathan Ray Maintenance Manager EXPERIENCE First Transit 2011–Present Maintenance Manager San Luis Obispo, CA • Oversee all maintenance activities of an ASE Blue Seal shop for 17 fixed route vehicles and eight support vehicles • Ensure all preventive maintenance inspections and demand repairs to client vehicles are completed on a timely basis • Direct vehicle service crew responsible for daily fueling and cleaning of client buses • Initiate and implements projects that improve efficiency and/or reduce operating costs • Works closely with the location manager and region maintenance management providing status of maintenance and budget requirements. Reviews financial and budget variances, review repair orders or code and approve account payable documents • Manage vehicles, shop facilities and First Transit maintenance staff • Manage input of repair orders into First Transit maintenance software • Schedule all vehicles for inspection in a timely manner • Ensure parts, tires and supply inventories are kept at adequate levels to ensure timely service of all buses and support facilities. • Maintain corporate and California State environmental regulations and records as they pertain to mechanical repair facilities • Ensures that maintenance technicians are trained on current operating procedures, are properly equipped, and motivated so that the maintenance program can be accomplished in a safe, timely and cost effective manner Castle Hearst 2009– 2011 Tech III San Simeon, CA • Repaired and maintains diesel engines and bus equipment • Ensured compliance on a day-to-day basis with State, Federal and Company requirements • Worked closely with location manager providing status of maintenance and budget requirements. Reviewed repair orders • Identifies and recommends actions to improve operating efficiency • Completed special projects as assigned 2006– 2009 Bus Driver San Simeon, CA • Drove one of several different coach/buses or company non-revenue vehicles in a safe, courteous, and reliable manner throughout the contracted service area within a daily assigned time schedule Nathan Ray Maintenance Manager • Performs pre/post trip vehicle inspections as required • Notified dispatch of deviations, overload, accidents, passenger incidents, medical/behavioral problems, or bus mechanical/electrical trouble EDUCATION Santa Barbara City College Santa Barbara, CA Automotive Technologies Program Certificate AWARDS AND RECOGNITIONS Name of Award and Recognition • ASE Master Technician ATTACHMENT 5 5 Form 2-0050 (08/12) rH Preventive Maintenance Inspection and Servicing Worksheet – Heavy Duty Page 1 of 4 All items must be checked with reference to the detail included in SOP M002 and PM Manual and marked = Serviceable, X = Defective, O = Repaired during Inspection and N/A = Not Applicable. The technician releasing the bus must print and sign their name and the Supervisor must sign the inspection sheet. Please complete in BLUE / BLACK ink and in capitals in accordance with SOP M002 and PM Manual. The Fire Risk Assessment procedures have been added to the PMI and Servicing sheet, as indicated by the symbol “”, in order to condense and simplify the inspection process. SECTION 1 – Preparation and Drive On (In Lot) Inspection Defect. Cat. Ref. Box 1.0 Safety Inspection – Exterior Walk Around - 1.1 Check Driver’s Pre-trip or DVIR/EVIR & Authorization Forms - 1.2 Check Condition of Operator’s Area 3.12 1.3 Check All Warning Light and Alarms 7.13 7.14 1.4 Check Auto Trans Neutral Safety Switch 13.0 1.5 Start Engine and Listen for Unusual Noises 7.01 1.6 Check Starter Protection Circuit 13.0 1.7 Check Low Air Warning Light and Buzzer - 1.8 Check Instruments and Horns 7.05 7.14 7.13 1.9 Check Fast Idle - 1.10 Check Air Compressor Governor Setting 4.08 1.11 Check Reverse Warning System 7.07 1.12 Check Air Pressure Leakage 4.00 1.13 Check Air Dryer Drain Valve 4.00 1.14 Check Steering Wheel, Column and Operation 11.0 11.01 11.02 1.15 Inspect Windshields, Mirror and Sun Visor Condition 3.05 3.34 1.16 Check Wiper and Washer Operation 3.35 1.17 Check Public Address (PA) System - 1.18 Check Door Operation 3.32 1.19 Check Door Interlock System 3.32 1.20 Check the Kneel System and Deploy Ramp - 1.21 Check Fare Box Operation and Mounting (If Applicable) - 1.22 Check Operation of All Other Accessories - 1.23 Wash Engine/Chassis - 1.24 Road Test: Check for Proper Operation - 1.25 Check/Record Oil Pressure / @1500 rpm ____________ Check/Record Water Temperature / ____________ ° 7.13 1.26 Perform Brake Test - SECTION 2 – Interior Circle Inspection Cat. Ref. Box 2.1 Check Passenger Doors – Open and Close 3.32 2.2 Inspect Seats, Hand Rails and Floor Covering 3.16 3.17 3.18 2.3 Check Interior Lights – installation, security and wiring 7.08 2.4 Check Interior Electrical Panels 7.12 7.13 2.5 Check Stop Request System - 2.6 Check for Physical Damage, Water Leaks, and Graffiti 3.16 3.17 3.18 2.7 Check for Informational and Instructional Decals - 2.8 Check Emergency Windows, Instructional Decal and Glass Condition 3.26 3.27 2.9 Check Emergency Hatches 3.26 2.10 Check HVAC System 16.08 2.11 Check All Safety Equipment 3.15 2.12 Check Wiring Under Dash 7.12 7.13 7.14- SECTION 3 – Exterior Circle Inspection Cat. Ref. Box 3.1 Check Destination Sign and Run Box Operation & Mounting 3.25 3.2 Inspect Mirror and Mountings 3.22 3.3 Check for Physical Damage and Decals 3.01 3.21 3.29 3.81 3.4 Check Exterior Compartment Doors 3.31 3.5 Check Exterior Electrical Panels 7.12 7.13 3.6 Check Fuel Tank Cap 9.06 3.7 Check Lights and Reflectors 7.07 7.10 7.11 3.8 Battery Inspection Record Voltage here: ________________________________ 7.09 3.9 Check Corrosion on Battery Cables and Hold-Downs 7.09 3.10 Check License Plate, Permits and State Inspection Decals - 3.11 Check Wiper Blade and Arm Condition 3.35 3.12 Check Bicycle Rack - SECTION 4 – Engine Compartment Inspection Cat. Ref. Box 4.1 Check Engine Compartment Condition for PMI / Fire Risk - 4.2 Check Engine Compartment Door and Lubricate 3.01 3.31 4.3 Check Engine Compartment Lights and Gauges - 4.4 Test Coolant Condition Using Test Strips and Record Results: Inhibitor Test – Pass / Fail Freeze Point ____________° F - 4.5 Record Antifreeze Protection Level Using Refractometer Refractometer Reading __________° F / C - 4.6 Pressure Test Cooling System and Check for Leaks - 4.7 Check Coolant Recovery System Condition and for Leaks 7.03 4.8 Check Coolant Hose Condition - 4.9 Check Fan, Shroud and Radiator 8.27 4.10 Check Alternator Mount, Condition & Wring Connections/Routing 7.03 4.11 Check Transmission for Leaks 10 13.00 4.12 Check All Belts for Condition, Alignment and Tension 8.27 4.13 Check Exhaust System and Fire Insulation 8.20 4.14 Check All Electrical Cables 7.12 4.15 Check Filter Minder and Record Reading 8.18 4.16 Check Intake System 8.18 4.17 Inspect Operation of Fire Alarm (CPM Only) - 4.18 Inspect Turbocharger and Blower 10 8.18 4.19 Inspect Air Compressor Mounting and Lines 4.07 4.20 Check Air Supply Plumbing - 4.21 Check Power Steering and Hydraulic Fluid 10 11.08 11.09 4.22 Check All Engine or Belt Drive Systems 8.27 4.23 Check for Oil Leaks 10 4.24 Check Compressor Oil Level and Check for Leaks - 4.25 Check A/C Compressor and Mounting - 4.26 Check A/C Hose Condition, Routing, Security and for Leaks - PMI AND SERVICING WORKSHEET - Heavy Duty TYPE OF PM PERFORMED A B C DOT Date: Unit No: Asset No. Current Odometer: Hour Meter: Location Code: W.O. #: Form 2-0050 (08/12) rH Preventive Maintenance Inspection and Servicing Worksheet – Heavy Duty Page 2 of 4 SECTION 5 – Steering System Inspection Cat. Ref. Box 5.1 Check Entire Steering System 10 11.00 1.01 1.02 1.03 SECTION 6 – Tires and Wheel Inspection Cat. Ref. Box 6.1 Inspect for Cuts and Tears 15.00 6.2 Check and Record Air Pressure (use form below) 15.00 6.3 Check Valve Stems and Caps 15.00 6.4 Check and Record Tread Depth (use form below) 15.00 6.5 Check for Mismatched Tread or Casing Design 15.00 6.6 Check Sidewall Wear 15.00 6.7 Check Dual Mating With Square 15.00 6.8 Check Wheels for Cracks and Loose Lugs 15.00 15.01 15.02 6.9 Check Tires for Irregular or Alignment Wear 15.00 6.10 Check Outer Hubs Oil Level and for Leaks 10 15.00 6.11 Check King Pins 1.01 6.12 Check for Loose or Noisy Wheel Bearings 15.02 15.03 SECTION 7 – Under Vehicle Inspection Cat. Ref. Box 7.1 Check Ride Height 12.06 7.2 Check Air Reservoir Discharge 4.19 7.3 Check One-way Check Valves 4.19 7.4 Check Low Air Warning /Double Check Valve - Primary 4.14 4.16 4.17 7.5 Check Spring Brake Inversion Valve 4.20 7.6 Check Air Pressure Build-Up Time and Record _________ PSIG in __________Minutes 4.07 7.7 Check Low Air Warning /Double Check Valve - Secondary 4.14 4.16 4.17 7.8 Check Vibration Damper - 7.9 Check Engine and Transmission Mounts 8.18 7.10 Check Starter for Proper Installation, Cable Routing and Security 7.01 7.11 Check Bottom of Engine for Oil Leaks 10 7.12 Check Transmission and Breather 10 7.13 Check Differential Breather and Fluid 10 7.14 Check Exhaust System 7.15 Check Driveline, U-joint and Slip Yokes 14.01 7.16 Check All body Mounts and Chassis Frame 3.59 7.17 Check Major Ground Straps for Security, Corrosion and Correct Length 7.12 7.18 Check Fuel Tank 9.06 7.19 Check Suspension Components 12.00 7.20 Check Brake Lining - LF __________ RF __________ - LR ___________ RR __________ 4.01 4.04 7.21 Check Inner Wheel Seals for Leaks 10 15.02 15.03 7.22 Determine If Auto Slack Adjuster Are Working and Record - LF____________RF__________ - LR____________RR__________ 4.03 4.21 4.30 7.23 Check Brake Chamber Plugs and Air Valves 4.00 4.03 7.24 Check Brake Hoses 4.00 4.20 SECTION 8 – PMI Report Completion Cat. Ref. Box 8.1 Completion of PMI Report - SECTION 9 – Completion of PMI Cat. Ref. Box 9.1 Vehicle Returned to Predetermined Location - NOTES: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Form 2-0050 (08/12) rH Preventive Maintenance Inspection and Servicing Worksheet – Heavy Duty Page 3 of 4 “A” PMI SERVICING ITEMS (6,000 MILES or 180 DAYS) SECTION A – PM Servicing Tech’s initials Box A.1 Change Oil Filters A.2 Drain and Change Engine Oil A.3 Drain Air Box Collector (Detroit Diesel only) A.4 Lubricate Chassis A.5 Replace or Clean A/C Filters A.6 Drain Water From Fuel Water Separator (where applicable) A.7 Change Primary Fuel Filter A.8 Change Transmission Fluid – 12,000 miles (petroleum base) A.9 Wheelchair Lift Inspection and Servicing “B” PMI SERVICING ITEMS (24,000 MILES or 12 MONTHS) SECTION B PM Servicing Tech’s Initial Box B.1 Torque Wheel Nuts B.2 Change Water Separator – Secondary Fuel Filters B.3 Lube All Pivoting Mechanisms B.4 Complete engine diagnostics and clear codes as completed “C” PMI SERVICING ITEMS (48,000 MILES or 24 MONTHS) SECTION C – PM Servicing Tech’s Initial Box C.1 Check and Lubricate Door Linkages C.2 Check Toe-in and Record Reading C.3 Pull Front Wheels and Perform Wheel Bearing Inspection C.4 Load Test Batteries Record Results: #1______ #2 ______ #3 ______ #4 _______ C.5 Change Water Filter C.6 Service Crankcase Breather C.7 Change Davco Type Water Separators (Secondary Fuel Filters) C.8 Change Auto Transmission Fluid (Synthetic Fluid Only) C.9 Change Power Steering Fluid and Filter (Synthetic Fluid Only) C.10 Drain Water (If Any) From Fuel Tank C.11 Rebuild Air Dryer C.12 1st “C” PMI ONLY: Tune Up Per Engine Manufacturer’s Spec. “D” HVAC INSPECTION AND SERVICING SECTION M HVAC Inspection and Servicing (Annual March - June) Tech’s Initial Box D.1 Perform HVAC Inspection and Servicing Preventive Maintenance Inspection (Sections 1 - 9 only): I confirm that I have inspected this vehicle to the items listed on this form and against the criteria as detailed in First Transit PMI documentation. The items in the above inspection have been found satisfactory other than for the items marked with an “X”. This signature certifies that the Inspection documented on this form “Meets or Exceeds” First Transit requirements of “US FMCSR Part 396.17-25”. Defects found have been recorded for repair in the Defect Worksheet. Preventive Maintenance Inspection Servicing (Sections A - D only): I further confirm that all servicing items were completed in accordance with manufacturer and First Transit policies. ________________________________________________________________ PRINT VEHICLE INSPECTOR’S NAME HERE ________________________________________________________________ SIGNATURE OF VEHICLE INSPECTOR ________________________________________________________________ SIGNATURE OF SUPERVISOR NOTES: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Form 2-0050 (08/12) rH Preventive Maintenance Inspection and Servicing Worksheet – Heavy Duty Page 4 of 4 FOLLOW UP WORKSHEET Unit #: ______________ PMI WO#: ____________ All defects must be categorized as; R = Safety/DOT out-of-service Y = Deferrable until no later than next PMI G = Advisory defect (i.e. paint, decals, cosmetic, etc.) Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 1. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 2. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 3. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 4. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 5. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 6. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 7. R Y G Description of Repairs: Initial Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 8. R Y G Description of Repairs: Initial Date INSPECTOR NOTE: Type of Defect M = Mechanical, E = Electrical and B = Body Defects. Select and group types of Defects together I confirm that all defects are repaired in accordance with First Transit policies. Technician’s Signature: Date: Approved By: Continuation Sheet Used: YES: NO: Supervisor’s Signature Date: Form 2-0054 (04/11) Preventive Maintenance Inspection and Servicing Worksheet – Light Duty Page 1 of 4 All items must be checked with reference to the detail included in SOP M002 and PM Manual and marked = Serviceable, X = Defective and N/A = Not Applicable. The technician releasing the bus must print and sign their name and the Supervisor must sign the inspection sheet. Please complete in BLUE / BLACK ink and in capitals in accordance with SOP M002 and PM Manual. SECTION A – Preparation and Drive On (In Lot) Inspection Defect. Cat. Ref. Box A.0 Cleanliness of Engine / Chassis - A.1 Check Driver’s Pre-trip or DVIR/EVIR & Authorization Forms - A.2 Check Condition of Operator’s Area 3.12 A.3 Check Automatic Transmission Neutral Start Operation 13.0 A.4 Start and Listen for Any Unusual Noises 7.01 A.5 Check Fast Idle - A.6 Check The Transmission Drop-Out 13.0 A.7 Check Starter Protection Circuit 13.0 A.8 Check Reverse Warning System - A.9 Check Parking Brake 4.27 A.10 Check The Service Brakes 4.01 4.02 4.22 4.50 A.11 Inspect Windshields and Mirror Condition 3.05 3.34 A.12 Check Wiper and Washer Operation 3.35 A.13 Check Instruments and Horns 7.05 7.13 A.14 Check/Record Oil Pressure / @1500 rpm ____________ Check/Record Water Temperature / ____________ ° 7.13 A.15 Check Operation of All Other Accessories - A.16 Check Door Operation 3.32 A.17 Check Fare Box Operation and Mounting (If Applicable) -- A.18 Check Run Box and Destination Sign Operation & Mounting - A.19 Check Wheelchair Lift Operation 22.0 A.20 Road Test: Check for Proper Operation (By Exception Only) - A.21 Tapley Test (By Exception Only) - SECTION B – Interior Circle Inspection B.1 Check Interior lights 7.08 B.2 Check Stop Request System - B.3 Inspect Seats, Hand Rails and Floor Covering 3.16 3.17 3.18 B.4 Check for Physical Damage, Water Leaks, and Graffiti - B.5 Check Emergency Windows and Glass Condition 3.26 3.27 B.6 Check Emergency Hatches 3.26 B.7 Check All Safety Equipment 3.15 B.8 Check HVAC System 16.8 SECTION C – Exterior Circle Inspection C.1 Check Passenger Doors 3.32 C.2 Inspect Step-well and Hand Rails 3.04 3.16 C.3 Check Destination Sign and Run Box 3.25 C.4 Inspect Mirror and Mountings 3.22 C.5 Check for Physical Damage and Decals 3.01 3.21 3.29 3.81 C.6 Check Wiper Blade and Arm Condition 3.35 C.7 Check Exterior Compartment Doors 3.31 C.8 Check Fuel Tank Cap 9.06 C.9 Check Lights and Reflectors 7.07 7.10 7.11 C.10 Check License Plate, Permits and State Inspection Decals - SECTION D – Tires and Wheel Inspection D.1 Check and Record Air Pressure (use form below) 15.00 D.2 Check Valve Stems and Caps 15.00 D.3 Check and Record Tread Depth (use form below) 15.00 D.4 Check for Mismatched Tread or Casing Design 15.00 D.5 Check Sidewall Wear 15.00 D.6 Inspect for Cuts and Tears 15.00 D.7 Check Dual Mating With Square 15.00 D.8 Check Wheels for Cracks and Loose Lugs 15.01 15.02 D.9 Check Tires for Irregular or Alignment Wear 15.00 D.10 Check Outer Hubs for Leaks 10 15.00 D.11 Check Front Hub Oil Level 10 15.12 SECTION E – Engine Compartment Inspection Box E.1 Check Engine Compartment Door 3.01 3.31 E.2 Check Engine Compartment Lights and Gauges - E.3 Check Fan, Shroud and Radiator 8.27 E.4 Test Coolant Condition Using Test Strips and Record Results: Inhibitor Test – Pass / Fail Freeze Point _____° F Staple Test Strip Here - E.5 Check Coolant Recovery System - E.6 Record Antifreeze Protection Level Using Refractometer Refractometer Reading __________° F / C - E.7 Pressure Test Cooling System and Check for Leaks - E.8 Check Coolant Hose Condition - E.9 Check Alternator Mount and Condition 7.03 E.10 Check Fuel Control and Transmission Connections 13 E.11 Check Master Cylinder Fluid Level 10 E.12 Check Transmission Fluid 10 PMI AND SERVICING WORKSHEET - Light Duty TYPE OF PM PERFORMED A B C DOT Date: Unit No: Asset No. Current Odometer: Hour Meter: Location Code: W.O. #: SELF RISK ASSESSMENT & PPE REQUIREMENTS Have you completed a satisfactory Personal Risk Assessment? (initial the appropriate box at right) YES: NO: If the answer is “NO” stop what you are doing, complete an Injury Prevention Safety Contact sheet and see your supervisor for further instructions. Form 2-0054 (04/11) Preventive Maintenance Inspection and Servicing Worksheet – Light Duty Page 2 of 4 E.13 Check All Belts for Condition, Alignment and Tension 8.27 E.14 Check Exhaust System 8.20 E.15 Check Intake System 8.18 E.16 Inspect Operation of Fire Alarm (CPM Only) - E.17 Inspect Turbocharger 10 8.18 E.18 Inspect Power Steering and Hydraulic Fluid 10 11.08 11.09 E.19 Check Corrosion, Cable and Hold-Downs. 7.09 SECTION F – Under Vehicle Inspection F.1 Check Vibration Damper - F.2 Check Engine and Transmission Mounts 8.18 F.3 Check Starter 7.01 F.4 Check Bottom of Engine for Oil Leaks 10 F.5 Check Transmission for Leaks 10 F.6 Check Differential Breather and Fluid 10 F.7 Check Exhaust System 8.20 F.8 Check Driveline, U-joint and Slip Yokes 14.01 F.9 Check All Body Mounts and Chassis Frame 3.59 F.10 Check Fuel Tank 9.06 F.11 Check Suspension Components 12.00 F.12 Check Brake Lining and Drum Thickness Check Brake Lining - LF ______/________ RF _______/_______ - LR ______/________ RR _______/_______ 4.27 F.13 Check Brake Adjustment and Record - LF ___________ RF ___________ - LR ___________ RR ___________ 4.30 F.14 Check Brake Hoses 10 4.22 F.15 Check Tires for Cuts and Damage 15.00 F.16 Check Entire Steering System 10 11.00 F.17 Check King Pins 1.01 F.18 Check for Loose or Noisy Wheel Bearings 15.02 15.03 SECTION G – PMI Report Completion G.1 Completion of PMI Report - SECTION H – Completion of PMI H.1 Vehicle Returned to predetermined location - Notes: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Preventive Maintenance Inspection (Sections A - H only): I confirm that I have inspected this vehicle to the items listed on this form and against the criteria as detailed in First Transit PMI documentation. The items in the above inspection have been found to be satisfactory other than for the items marked with an “X”. This signature certifies that the Inspection documented on this form “Meets or Exceeds” First Transit requirements of “US FMCSR Part 396.17-25” and/or Canadian Government/Provincial standards as a Government Inspection. Defects that were found have been recorded for repair in the Defect Worksheet. ________________________________________________________________ PRINT VEHICLE INSPECTOR /TECHNICIAN’S NAME HERE ________________________________________________________________ SIGNATURE OF VEHICLE INSPECTOR/TECHNICIAN ________________________________________________________________ SIGNATURE OF SUPERVISOR Form 2-0054 (04/11) Preventive Maintenance Inspection and Servicing Worksheet – Light Duty Page 3 of 4 Have you completed a satisfactory Personal Risk Assessment? Yes No Initials Yes No Initials Yes No Initials Yes No Initials If the answer is “NO” stop what you are doing, complete and see your supervisor. “A” PMI SERVICING ITEMS SECTION J – PM Servicing Tech’s initials Box J.1 Change Oil Filters J.2 Drain Engine Oil J.3 Lubricate Chassis J.4 Replace or Clean A/C Filters J.5 Drain Water from Fuel Water Separator (where applicable) J.6 Change Primary Fuel Filter J.7 Lube all pivoting Mechanisms “B” PMI SERVICING ITEMS (12 MONTH) SECTION K PM Servicing Tech’s Initial Box K.1 Service Crankcase Breather K.2 Change Water Separator – Secondary Fuel Filters K.3 Change Automatic Transmission Fluid K.4 Change Power Steering Fluid and Filter K.5 Perform a Bus and Coach Fire Risk Assessment & Inspection “C” PMI SERVICING ITEMS (24 MONTH) SECTION L – PM Servicing Tech’s Initial Box L.1 Check and Lubricate Dorr Linkages L.2 Check Toe-In and Record Reading L.3 Change Davco Type Water Separators (Secondary Fuel Filter) L.4 1ST “C” PMI ONLY: Tune Up Per Engine Mfg’s Specifications L.5 Change Differential Fluid “M” HVAC INPSECTION AND SERVICING ITEMS SECTION J – HVAC Servicing and Insepction Tech’s initials Box M.1 Change Oil Filters Notes: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Preventive Maintenance Inspection Servicing (Section J, K and L): I confirm that all Servicing items have been satisfactorily completed in accordance with the manufacturer and First Transit PMI Servicing Procedures. Technician’s Initials ________ Print Name:_____________________________ Technician’s Initials ________ Print Name:_____________________________ Technician’s Initials ________ Print Name:_____________________________ Technician’s Initials ________ Print Name:_____________________________ ________________________________________________________________ SIGNATURE OF SUPERVISOR SERVICE NOTE: On completion of any brake system repairs, record brake road test result comments (if any) Comments: NAME: SIGNATURE: DATE: I confirm that all “R” Category 3 defects have been repaired satisfactorily. Repairs/action taken on “Y” Category 2 & “G” Category 1 type defects are in accordance with First Transit policies. Print Name: Position: Signature Date: Approved By: Continuation Sheet Used: YES: NO: Print Name: Position: Signature Date: Form 2-0054 (04/11) Preventive Maintenance Inspection and Servicing Worksheet – Light Duty Page 4 of 4 DEFECT AND REPAIR WORKSHEET Unit #:______________ WO#:_______________ All defects must be categorized as; R = Safety/DOT out-of-service Y = Deferrable until no later than next PMI G = Advisory defect (i.e. paint, decals, cosmetic, etc.) Inspector SCAR codes; S = Secure/Tighten; C = Change; A = Adjust; R = Repair Process Work SCARN codes; S = Secured/Tightened; C = Changed; A = Adjusted; R = Repaired N = No fault found SELF RISK ASSESSMENT REQUIREMENTS Have you completed a satisfactory Personal Risk Assessment? Circle YES or NO in the Repair Line Below. If the answer is “NO” stop what you are doing, complete an Injury Prevention Safety Contact sheet and see your supervisor for further instructions. Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 1. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 2. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 3. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 4. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 5. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 6. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 7. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO Item No. PMI Ref No. M E B Defect Details: Circle Defect Cat. Ref. Circle Action Required 8. R Y G S C A R Circle Action Taken: S C A R N PRA Hours WO# Signature Date Description of Repairs: YES NO INSPECTOR NOTE: Type of Defect M = Mechanical, E = Electrical and B = Body Defects. Select and group types of Defects together Form 2-0051 (05/12) r A Follow Up Worksheet Page 1 of 2 Please complete in BLUE / BLACK ink and in capitals in accordance with SOP M002 and PM Manual. Unit #: ______________ PMI WO#: ____________ All defects must be categorized as; R = Safety/DOT out-of-service Y = Deferrable until no later than next PMI G = Advisory defect (i.e. paint, decals, cosmetic, etc.) Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 1. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 2. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 3. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 4. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 5. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 6. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 7. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 8. R Y G Description of Repairs: Initials Date INSPECTOR NOTE: Type of Defect M = Mechanical, E = Electrical and B = Body Defects. Select and group types of Defects together. Follow Up Worksheet Form 2-0051 (05/12) r A Follow Up Worksheet Page 2 of 2 Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 9. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 10. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 11. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 12. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 13. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 14. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 15. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 16. R Y G Description of Repairs: Initials Date Item No. PMI Ref No. M E B Defect Details: Follow Up WO # Circle Defect Cat. Ref. 17. R Y G Description of Repairs: Initials Date INSPECTOR NOTE: Type of Defect M = Mechanical, E = Electrical and B = Body Defects. Select and group types of Defects together. I confirm that all “R” Category 3 defects and servicing items have been repaired satisfactorily. Repairs/action taken on “Y” Category 2 & “G” Category 1 type defects are in accordance with First Student policies. Approved By Supervisor: Continuation Sheet Used: YES: NO: Print Name: Position: Signature Date: ATTACHMENT 6 6 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1/22/2016 Arthur J. Gallagher Risk Management Services, Inc.250 Park Avenue, 3rd FloorNew York NY 10177 FIRST TRANSIT, INC.600 Vine Street, Suite 1400Cincinnati, OH 45202 Insurance Company of State of PA National Union Fire Insurance Compa New Hampshire Insurance Company Chubb Insurance Company of Europe S Commerce and Industry Insurance Com 19429 19445 23841 19410 Tanya D. Stephenson 212-994-7085 212-994-7047 Tanya_Stephenson@ajg.com FIRSAME-05 741740800 A 4/1/2015 3/31/2016 Per Occ.$50,000 Workers Compensation:Policy #: WC001178583 (TX), WC001178530 (WI), WC 001178531 (AK,AZ,GA) & WC 001178531 (NJ,PA)Policy Term: 12/31/15 to 12/31/16Carrier Name: NEW HAMPSHIRE INS CO (NAIC #:23841)Limits: E.L. Each Accident / E.L. Disease-Ea Employee / E.L. Disease-Policy Limit - $5,000,000 See Attached... City of San Luis Obispo (SLO Transit)919 Palm StreetSan Luis Obispo CA 93401 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Re: RFP for Operations and Maintenance Agreementthe City of San Luis Obispo, including their officials, officers, employees and agents are included as additional insureds (blanketendorsement) for ongoing and completed operations as respects General and Automobile Liability Policies as evidenced herein on aprimary/non-contributory basis as required by written contract with respect to work performed by the named insured. First Transit, Inc. is100% self-insured for Automobile Physical Damage coverage (Comp/Coll). Umbrella Policy Follow Form over General, Automobile andEmployers' Liability Policies. Notice of Cancellation: 30 days written notice/10 days for non-pay 11 FIRST TRANSIT, INC.600 Vine Street, Suite 1400Cincinnati, OH 45202 FIRSAME-05 Arthur J. Gallagher Risk Management Services, Inc. 25 CERTIFICATE OF LIABILITY INSURANCE ATTACHMENT 7 7 Delivering insights. Driving results. REDUCE COLLISIONS Fleet operators see collisions cost reductions of up to 80% in Property & Auto Liability and Workers Compensation claims. REDUCE FRAUDULENT CLAIMS Exception-based video captures indisputable evidence when an event occurs, protecting drivers and fleets from fraudulent or other errant claims. REDUCE FUEL USE Typical reduction of up to 12% through the management of efficient driver, excessive idling and speeding. Fleets also realize a variety of important indirect benefits from developing and maintaining a world-class safety culture. With the DriveCam Program, you’ll: • Protect your drivers from the devastating impact of being involved in a collision – and exonerating them when they are in a no-fault collision. • Protect your brand by minimizing high-profile collisions that receive broad media coverage. • Exemplify good corporate citizenship by contributing to a safer and more environmentally conscious community. *As of November 2013 The DriveCam Online® Experience With 24/7 secure access, DriveCam Online provides the important information you need to monitor fleet risk, prioritizes what you need to maximize your safety program and provides the necessary tools for coaching your drivers to improve their driving behavior. DriveCam Online is your key to Driver Risk Management success. Role-based Home Pages Including an inbox and a variety of dashboards, you can drill into specifics about a driver or group. 3-Step Coaching Process To help guide you through … 1. Coaching Behaviors (video and non-video) 2. Selecting an Action Plan 3. Conduct the Coaching Session Driver Score Ranking Using our new Driver Safety Score, you can now identify your safest drivers, as well as those with a higher probability of being involved in a collision. Proven Results 1 3 2 4 6 5 Proven to protect over 450,000 drivers in more than 500 fleets, DriveCam Powered by Lytx™ delivers results.* Major fleet operators return to DriveCam year-after- year because they realize millions of dollars in savings and indirect benefits when they: “The DriveCam Program provides us with more than just technology. They provide the service and support we need to improve and grow our business.” – Waste Management How the DriveCam Program Works The DriveCam Program – powered by the Lytx engine – identifies, prioritizes and helps prevent the causes of poor driving before they lead to a collision. This “programmatic approach” helps clients transform their safety culture and ensures bottom-line results: preventing collisions, fraudulent claims and wasted operating expenses – while protecting their drivers and their brand. Ensuring your program is on track, DriveCam program reviews provide benchmarking and best practices specific to your operations and industry. In addition, proprietary video and data analysis provide a complete profile of drivers and driving, allowing for objective comparisons of driver to driver, site to site, region to region and company to industry. MONITOR DRIVING; PROVIDE REAL-TIME FEEDBACK The DriveCam video event recorder captures driving behavior data and provides real-time driver feedback. UPLOAD VIDEO & DATA Exception-based video and data are uploaded via a secure wireless connection to the DriveCam Review Center – and are immediately available to the client. ANALYZE, SCORE & PRIORITIZE Proprietary predictive data analytics, combined with expert video review, highlight the causes of poor driving and prioritize actions needed to reduce fleet risk and operating costs. ACCESS DRIVER MANAGEMENT PORTAL Configurable alerts direct clients to online tools, including dashboards for company- wide visibility and accountability, and analysis of risky driving behaviors. COACH DRIVER Flexible coaching and training methods are applied based on operational capabilities and organizational profiles. SAFER DRIVER RETURNS TO THE ROAD Continuous monitoring verifies that lessons have been applied, resulting in safer drivers and fewer collisions. 1 4 5 6 2 3 Value-Added Solutions Fuel Management The innovative behavior-based DriveCam Fuel Management Solution can help improve fleet performance. Integrated into DriveCam Online, our solution combines real-time in-cab feedback with online reporting and coaching to improve fuel efficiency – by up to 12% - and lower emissions. Fleet Tracking Get a real-time view of their fleet operations – helping to ensure compliance and improve productivity – with immediate access to real-time status, trip history and a full suite of reports. Seamlessly integrated into DriveCam Online, there’s no need for additional in-cab equipment, extra peripherals or extra software. “Greyhound’s number one focus has always been the safe transportation of millions of passengers every year across North America, and incorporating DriveCam is one more way we are able to reinforce this focus.” – Greyhound “DriveCam is the first system I have seen that is proactive, instead of reactive. In the first six months we saw a 50% reduction in minor vehicle accidents, a 50% reduction in workers’ compensation claims and a 70% decrease in risky driving behavior.” – US Foods “Through our use of the DriveCam Program, we are able to reduce litigation and exonerate drivers. We have saved hundreds of thousands in litigation costs on frivolous claims since implementing the program.” – Cargo Transporters Why Companies Choose the DriveCam Program During the decision making process, there are many considerations when evaluating driver risk management, fuel management and fleet tracking services. Read why companies are choosing the DriveCam solution to protect their drivers, their vehicles and their community. Lytx Engine Our Lytx Engine™ is powered by human intelligence combined with state-of-the-art predictive analytics and statistical machine learning technologies. In the field, our devices are equipped with real-time automated decision algorithms that determine when data should be captured and stored. In our data centers, automated decision algorithms prioritize, store and route selected data to our human-powered internal processes. We capture data from multiple sensors embedded in the work environment. In vehicles, our device captures signals from accelerometers, GPS systems, engine control units, video, microphones and advanced safety systems. To make sense of these signals, we have developed and deployed real-time decision algorithms that continuously monitor the sensor stream to determine the likelihood of risky driving behaviors. The Lytx Engine applies advanced predictive models to prioritize, select and route data to review centers where teams of expert reviewers identify and verify behaviors from video events, adding structured labels to the data. These labels provide the basis for our scoring algorithms and for the continuous improvement of the predictive models that power our real-time decision algorithms in our sensors and servers. Our scoring algorithms and statistical models enable us to create driver safety and coaching effectiveness models that are examples of the tools we use that predict the likelihood of future collisions. These important predictors help safety managers and coaches understand and prioritize their areas of focus. Our constantly growing database enables us to refine and improve our ability to predict risky behaviors so that we can deliver even more value to our clients. Our data analytics teams include scientists and analysts who apply statistical analysis, feature engineering and data-driven machine learning to develop decision algorithms and predictive models that support our human-powered processes. Over the years, we have learned how to maximize the effectiveness of these processes to help our customers drive positive change throughout their organizations. Lytx stands for the entire process of Sense, Predict, Prevent (SPP)™. Using our technology, we analyze the data we gather, distill it into actionable insights and leverage it in ways that empower our clients to be safer, better companies. Ly tx, Inc., San Diego, California, USA 858.430.4000 866.419.5861 info@lytx.com www.lytx.com Lytx; DriveCam powered by Lytx; Lytx Engine; Lytx Insights; Sense, Predict, Prevent; Delivering Insights. Driving Results; and RAIR are trademarks of Lytx, Inc. DriveCam and DriveCam Online are registered trademarks of Lytx, Inc. At Lytx (formerly DriveCam, Inc.), we harness the power of data to change human behavior and help good companies become even better. Our flag- ship product, DriveCam powered by Lytx™, sets the standard for driver safety in the industries we serve, and our RAIR™ Compliance Services helps DOT-regulated fleets comply with safety regulations, complementing the DriveCam program. We protect drivers from more than 500 commercial and government fleet clients worldwide who drive more than 20 billion miles annually. Our clients realize tremendous ROI by lowering operating and insurance costs, while achieving greater efficiency and compliance. Most of all, we strive to help save lives – on our roads and in our communities, every day. Lytx is privately held and headquartered in San Diego. For more information, visit www.lytx.com. 1213_0135 © 2013 Lytx, Inc. All rights reserved. ATTACHMENT 8 8 ATTACHMENT 9 9 1 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. This is only a summary. If you want more detail about your coverage and costs, you can get the complete terms in the policy or plan document at www. HealthReformPlanSBC.com or by calling 1-888-982-3862 Important Questions Answers Why this Matters: What is the overall deductible? For each Calendar Year: In-network Individual $2,500 / Family $5,000; Out-of- network Individual $5,000 / Family $10,000. Does not apply to office visits, preventive care, prescriptions, and emergency care in- network and outpatient surgery. You must pay all the costs up to the deductible amount before this plan begins to pay for covered services you use. Check your policy or plan document to see when the deductible starts over (usually, but not always, January 1st). See the chart starting on page 2 for how much you pay for covered services after you meet the deductible. Are there other deductibles for specific services? No. You don’t have to meet deductibles for specific services, but see the chart starting on page 2 for other costs for services this plan covers. Is there an out–of–pocket limit on my expenses? Yes, In-network: Individual $5,500 / Family $11,000; Out-of-network Individual $11,000 / Family $22,000 The out-of-pocket limit is the most you could pay during a coverage period (usually one year) for your share of the cost of covered services. This limit helps you plan for health care expenses. What is not included in the out–of–pocket limit? Premiums, balance-billed charges, penalties for failure to obtain pre-authorization for services and health care this plan doesn’t cover. Even though you pay these expenses, they don’t count toward the out-of-pocket limit. Is there an overall annual limit on what the plan pays? No Does this plan use a network of providers? Yes. For a list of in-network providers, see www.aetna.com or call 1-888-982-3862. If you use an in-network doctor or other health care provider, this plan will pay some or all of the costs of covered services. Be aware, your in-network doctor or hospital may use an out-of-network provider for some services. Plans use the term in-network, preferred, or participating for providers in their network. See the chart starting on page 2 for how this plan pays different kinds of providers. Do I need a referral to see a specialist? No. You can see the specialist you choose without permission from this plan. Are there services this plan doesn’t cover? Yes. Some of the services this plan doesn’t cover are listed on page 5. See your policy or plan document for additional information about excluded services. OMB Control Numbers 1545-2229, 1210-0147, and 0938-1146 2 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Co-payments are fixed dollar amounts (for example, $15) you pay for covered health care, usually when you receive the service. Co-insurance is your share of the costs of a covered service, calculated as a percent of the allowed amount for the service. For example, if the plan’s allowed amount for an overnight hospital stay is $1,000, your co-insurance payment of 20% would be $200. This may change if you haven’t met your deductible. The amount the plan pays for covered services is based on the allowed amount. If an out-of-network provider charges more than the allowed amount, you may have to pay the difference. For example, if an out-of-network hospital charges $1,500 for an overnight stay and the allowed amount is $1,000, you may have to pay the $500 difference. (This is called balance billing.) This plan may encourage you to use in-network providers by charging you lower deductibles, co-payments and co-insurance amounts. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you visit a health care provider’s office or clinic Primary care visit to treat an injury or illness 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Specialist visit 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Other practitioner office visit Chiropractic: 25% coinsurance Chiropractic: 50% coinsurance Chiropractic: Coverage is limited to 20 visits per year. Preventive care/screening/immunization No charge Not covered Age and frequency schedules may apply. If you have a test Diagnostic test (x-ray, blood work) 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Imaging (CT/PET scans, MRIs) 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 3 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you need drugs to treat your illness or condition More information about prescription drug coverage is available at www.[insert]. Generic drugs 25% coinsurance, Retail: $10 minimum; $25 maximum; Mail: $25 minimum;$62.50 maximum Not covered Covers up to a 30-day supply (retail prescription); 31-90 day supply (mail order prescription). Includes contraceptive drugs and devices and oral and injectable infertility drugs. No charge for formulary generic FDA-approved women's contraceptives in-network. Mandatory generic with Dispense as Written (DAW) override. Precertification required. Preferred brand drugs 25% coinsurance, Retail:$20 minimum; $50 maximum; Mail: $50 minimum; $125 maximum Not covered Non-preferred brand drugs 25% coinsurance, Retail: $30 minimum; $70 maximum; Mail: $75 minimum;$175 maximum Not covered Specialty drugs Applicable retail generic, preferred, or non-preferred drug cost Not covered Aetna Specialty CareRxSM - First Prescription must be filled at a participating retail pharmacy or Aetna Specialty Pharmacy®. Subsequent fills must be through Aetna Specialty Pharmacy®. If you have outpatient surgery Facility fee (e.g., ambulatory surgery center) 25% coinsurance 25% coinsurance ––––––––––– None ––––––––––– Physician/surgeon fees 25% coinsurance 25% coinsurance ––––––––––– None ––––––––––– If you need immediate medical attention Emergency room services 25% coinsurance 25% coinsurance Coverage is limited to 50% coinsurance for non-emergency use. Emergency medical transportation 25% coinsurance 50% coinsurance No coverage for non-emergency use. Urgent care 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 4 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you have a hospital stay Facility fee (e.g., hospital room) 25% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. Physician/surgeon fee 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– If you have mental health, behavioral health, or substance abuse needs Mental/Behavioral health outpatient services 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Mental/Behavioral health inpatient services 25% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. Substance use disorder outpatient services 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Substance use disorder inpatient services 25% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. If you are pregnant Prenatal and postnatal care No charge 50% coinsurance ––––––––––– None ––––––––––– Delivery and all inpatient services 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 5 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you need help recovering or have other special health needs Home health care 25% coinsurance 50% coinsurance Coverage is limited to 100 visits per year. Pre-authorization required for out-of-network care. Benefits will be reduced by $250 if pre-authorization is not obtained. Rehabilitation services 25% coinsurance 50% coinsurance Coverage for Physical and Occupational Therapy is limited to 40 visits per year. Habilitation services 25% coinsurance 50% coinsurance Coverage is limited with rehabilitation services. Skilled nursing care 25% coinsurance 50% coinsurance Coverage is limited to 120 visits per year. Precertification required for out- of-network care reduced by $250 if pre-authorization is not obtained. Durable medical equipment 25% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Hospice service 25% coinsurance 50% coinsurance Precertification required for out-of- network care. Benefits will be reduced by $250 if pre-authorization is not obtained. If your child needs dental or eye care Eye exam Not covered Not covered Not covered Glasses Not covered Not covered Not covered Dental check-up Not covered Not covered Not covered 6 of 8 MAP 1 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Excluded Services & Other Covered Services: Services Your Plan Does NOT Cover (This isn’t a complete list. Check your policy or plan document for other excluded services.) Acupuncture Glasses (Child) Dental Care (Child) Bariatric surgery Hearing aids Routine foot care Cosmetic surgery Long-term care Weight loss programs Dental care (Adult) Non-emergency care when traveling outside the U.S. Routine eye care (Adult) Routine eye care (Child) Other Covered Services (This isn’t a complete list. Check your policy or plan document for other covered services and your costs for these services.) Chiropractic care is limited to 20 visits per year Infertility treatment for the underlying medical condition only Private-duty nursing is limited to 70-8 hour shifts Your Rights to Continue Coverage: If you lose coverage under the plan, then, depending upon the circumstances, Federal and State laws may provide protections that allow you to keep health coverage. Any such rights may be limited in duration and will require you to pay a premium, which may be significantly higher than the premium you pay while covered under the plan. Other limitations on your rights to continue coverage may also apply. For more information on your rights to continue coverage, contact the plan at 1-888-982-3862. You may also contact your state insurance department, the U.S. Department of Labor, Employee Benefits Security Administration at 1-866-444-3272 or www.dol.gov/ebsa, or the U.S. Department of Health and Human Services at 1-877-267-2323 x61565 or www.cciio.cms.gov. Your Grievance and Appeals Rights: If you have a complaint or are dissatisfied with a denial of coverage for claims under your plan, you may be able to appeal or file a grievance. For questions about your rights, this notice, or assistance, you can contact: Aetna at 1-888-982-3862, the Department of Labor’s Employee Benefits Security Administration at 1-866-444-EBSA (3272) or www.dol.gov/ebsa/healthreform. Additionally, a consumer assistance program can help you file an appeal. Contact information is at http://www.aetna.com/individuals-families-health- insurance/member-guidelines/complaints-grievances-appeals.html. ––––––––––––––––––––––To see examples of how this plan might cover costs for a sample medical situation, see the next page.–––––––––––––––––––––– 7 of 8 MAP 1 Coverage Period: 10/01/2014-09/30/2015 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Having a baby (normal delivery) Managing type 2 diabetes (routine maintenance of a well-controlled condition) About these Coverage Examples: These examples show how this plan might cover medical care in given situations. Use these examples to see, in general, how much financial protection a sample patient might get if they are covered under different plans. Amount owed to providers: $7,540 Plan pays $ 4,120 Patient pays $ 3,420 Sample care costs: Hospital charges (mother) $2,700 Routine obstetric care $2,100 Hospital charges (baby) $900 Anesthesia $900 Laboratory tests $500 Prescriptions $200 Radiology $200 Vaccines, other preventive $40 Total $7,540 Patient pays: Deductibles $2,500 Co-pays $20 Co-insurance $700 Limits or exclusions $200 Total $3,420 Amount owed to providers: $5,400 Plan pays $ 2,320 Patient pays $ 3,080 Sample care costs: Prescriptions $2,900 Medical Equipment and Supplies $1,300 Office Visits and Procedures $700 Education $300 Laboratory tests $100 Vaccines, other preventive $100 Total $5,400 Patient pays: Deductibles $2,500 Co-pays $200 Co-insurance $300 Limits or exclusions $80 Total $3,080 This is not a cost estimator. Don’t use these examples to estimate your actual costs under this plan. The actual care you receive will be different from these examples, and the cost of that care will also be different. See the next page for important information about these examples. 8 of 8 MAP 1 Coverage Period: 10/01/2014-09/30/2015 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Questions and answers about the Coverage Examples: What are some of the assumptions behind the Coverage Examples? Costs don’t include premiums. Sample care costs are based on national averages supplied by the U.S. Department of Health and Human Services, and aren’t specific to a particular geographic area or health plan. The patient’s condition was not an excluded or preexisting condition. All services and treatments started and ended in the same coverage period. There are no other medical expenses for any member covered under this plan. Out-of-pocket expenses are based only on treating the condition in the example. The patient received all care from in- network providers. If the patient had received care from out-of-network providers, costs would have been higher. What does a Coverage Example show? For each treatment situation, the Coverage Example helps you see how deductibles, co- payments, and co-insurance can add up. It also helps you see what expenses might be left up to you to pay because the service or treatment isn’t covered or payment is limited. Does the Coverage Example predict my own care needs? No. Treatments shown are just examples. The care you would receive for this condition could be different based on your doctor’s advice, your age, how serious your condition is, and many other factors. Does the Coverage Example predict my future expenses? No. Coverage Examples are not cost estimators. You can’t use the examples to estimate costs for an actual condition. They are for comparative purposes only. Your own costs will be different depending on the care you receive, the prices your providers charge, and the reimbursement your health plan allows. Can I use Coverage Examples to compare plans? Yes. When you look at the Summary of Benefits and Coverage for other plans, you’ll find the same Coverage Examples. When you compare plans, check the “Patient Pays” box in each example. The smaller that number, the more coverage the plan provides. Are there other costs I should consider when comparing plans? Yes. An important cost is the premium you pay. Generally, the lower your premium, the more you’ll pay in out-of- pocket costs, such as co-payments, deductibles, and co-insurance. You should also consider contributions to accounts such as health savings accounts (HSAs), flexible spending arrangements (FSAs) or health reimbursement accounts (HRAs) that help you pay out-of-pocket expenses. 1 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. This is only a summary. If you want more detail about your coverage and costs, you can get the complete terms in the policy or plan document at www. HealthReformPlanSBC.com or by calling 1-888-982-3862 Important Questions Answers Why this Matters: What is the overall deductible? For each Calendar Year: In-network Individual $1,500 / Family $3,000; Out-of- network Individual $3,000 / Family $6,000. Does not apply to office visits, preventive care, prescriptions, and emergency care in- network and outpatient surgery. You must pay all the costs up to the deductible amount before this plan begins to pay for covered services you use. Check your policy or plan document to see when the deductible starts over (usually, but not always, January 1st). See the chart starting on page 2 for how much you pay for covered services after you meet the deductible. Are there other deductibles for specific services? No. You don’t have to meet deductibles for specific services, but see the chart starting on page 2 for other costs for services this plan covers. Is there an out–of– pocket limit on my expenses? Yes, In-network: Individual $4,000 / Family $8,000; Out-of-network Individual $8,000 / Family $16,000 The out-of-pocket limit is the most you could pay during a coverage period (usually one year) for your share of the cost of covered services. This limit helps you plan for health care expenses. What is not included in the out–of–pocket limit? Premiums, balance-billed charges, penalties for failure to obtain pre-authorization for services and health care this plan doesn’t cover. Even though you pay these expenses, they don’t count toward the out-of- pocket limit. Is there an overall annual limit on what the plan pays? No Does this plan use a network of providers? Yes. For a list of in-network providers, see www.aetna.com or call 1-888-982-3862. If you use an in-network doctor or other health care provider, this plan will pay some or all of the costs of covered services. Be aware, your in-network doctor or hospital may use an out-of-network provider for some services. Plans use the term in-network, preferred, or participating for providers in their network. See the chart starting on page 2 for how this plan pays different kinds of providers. Do I need a referral to see a specialist? No. You can see the specialist you choose without permission from this plan. Are there services this plan doesn’t cover? Yes. Some of the services this plan doesn’t cover are listed on page 5. See your policy or plan document for additional information about excluded services. OMB Control Numbers 1545-2229, 1210-0147, and 0938-1146 2 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Co-payments are fixed dollar amounts (for example, $15) you pay for covered health care, usually when you receive the service. Co-insurance is your share of the costs of a covered service, calculated as a percent of the allowed amount for the service. For example, if the plan’s allowed amount for an overnight hospital stay is $1,000, your co-insurance payment of 20% would be $200. This may change if you haven’t met your deductible. The amount the plan pays for covered services is based on the allowed amount. If an out-of-network provider charges more than the allowed amount, you may have to pay the difference. For example, if an out-of-network hospital charges $1,500 for an overnight stay and the allowed amount is $1,000, you may have to pay the $500 difference. (This is called balance billing.) This plan may encourage you to use in-network providers by charging you lower deductibles, co-payments and co-insurance amounts. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you visit a health care provider’s office or clinic Primary care visit to treat an injury or illness 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Specialist visit 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Other practitioner office visit Chiropractic: 20% coinsurance Chiropractic: 50% coinsurance Chiropractic: Coverage is limited to 20 visits per year. Preventive care/screening/immunization No charge Not covered Age and frequency schedules may apply. If you have a test Diagnostic test (x-ray, blood work) 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Imaging (CT/PET scans, MRIs) 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 3 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you need drugs to treat your illness or condition More information about prescription drug coverage is available at www.[insert]. Generic drugs 25% coinsurance, Retail: $10 minimum; $25 maximum; Mail: $25 minimum;$62.50 maximum Not covered Covers up to a 30-day supply (retail prescription); 31-90 day supply (mail order prescription). Includes contraceptive drugs and devices and oral and injectable infertility drugs. No charge for formulary generic FDA-approved women's contraceptives in-network. Mandatory generic with Dispense as Written (DAW) override. Precertification required. Preferred brand drugs 25% coinsurance, Retail:$20 minimum; $50 maximum; Mail: $50 minimum; $125 maximum Not covered Non-preferred brand drugs 25% coinsurance, Retail: $30 minimum; $70 maximum; Mail: $75 minimum;$175 maximum Not covered Specialty drugs Applicable retail generic, preferred, or non-preferred drug cost Not covered Aetna Specialty CareRxSM - First Prescription must be filled at a participating retail pharmacy or Aetna Specialty Pharmacy®. Subsequent fills must be through Aetna Specialty Pharmacy®. If you have outpatient surgery Facility fee (e.g., ambulatory surgery center) 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Physician/surgeon fees 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– If you need immediate medical attention Emergency room services 20% coinsurance 20% coinsurance Coverage is limited to 50% coinsurance for non-emergency use. Emergency medical transportation 20% coinsurance 20% coinsurance No coverage for non-emergency use. Urgent care 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 4 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you have a hospital stay Facility fee (e.g., hospital room) 20% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. Physician/surgeon fee 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– If you have mental health, behavioral health, or substance abuse needs Mental/Behavioral health outpatient services 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Mental/Behavioral health inpatient services 20% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. Substance use disorder outpatient services 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Substance use disorder inpatient services 20% coinsurance 50% coinsurance Precertification required for out-of- network care reduced by $250 if pre- authorization is not obtained. If you are pregnant Prenatal and postnatal care No charge 50% coinsurance ––––––––––– None ––––––––––– Delivery and all inpatient services 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– 5 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Common Medical Event Services You May Need Your cost if you use an Limitations & Exceptions In-network Provider Out-of-network Provider If you need help recovering or have other special health needs Home health care 20% coinsurance 50% coinsurance Coverage is limited to 100 visits per year. Pre-authorization required for out-of-network care. Benefits will be reduced by $250 if pre-authorization is not obtained. Rehabilitation services 20% coinsurance 50% coinsurance Coverage for Physical and Occupational Therapy is limited to 40 visits per year. Habilitation services 20% coinsurance 50% coinsurance Coverage is limited with rehabilitation services. Skilled nursing care 20% coinsurance 50% coinsurance Coverage is limited to 120 visits per year. Precertification required for out- of-network care reduced by $250 if pre-authorization is not obtained. Durable medical equipment 20% coinsurance 50% coinsurance ––––––––––– None ––––––––––– Hospice service 20% coinsurance 50% coinsurance Precertification required for out-of- network care. Benefits will be reduced by $250 if pre-authorization is not obtained. If your child needs dental or eye care Eye exam Not covered Not covered Not covered Glasses Not covered Not covered Not covered Dental check-up Not covered Not covered Not covered 6 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Excluded Services & Other Covered Services: Services Your Plan Does NOT Cover (This isn’t a complete list. Check your policy or plan document for other excluded services.) Acupuncture Glasses (Child) Routine eye care (Child) Bariatric surgery Hearing aids Routine foot care Cosmetic surgery Long-term care Weight loss programs Dental care (Adult) Non-emergency care when traveling outside the U.S. Routine eye care (Adult) Dental Care (Child) Other Covered Services (This isn’t a complete list. Check your policy or plan document for other covered services and your costs for these services.) Chiropractic care is limited to 20 visits per year Infertility treatment for the underlying medical condition only Private-duty nursing is limited to 70-8 hour shifts Your Rights to Continue Coverage: If you lose coverage under the plan, then, depending upon the circumstances, Federal and State laws may provide protections that allow you to keep health coverage. Any such rights may be limited in duration and will require you to pay a premium, which may be significantly higher than the premium you pay while covered under the plan. Other limitations on your rights to continue coverage may also apply. For more information on your rights to continue coverage, contact the plan at 1-888-982-3862. You may also contact your state insurance department, the U.S. Department of Labor, Employee Benefits Security Administration at 1-866-444-3272 or www.dol.gov/ebsa, or the U.S. Department of Health and Human Services at 1-877-267-2323 x61565 or www.cciio.cms.gov. Your Grievance and Appeals Rights: If you have a complaint or are dissatisfied with a denial of coverage for claims under your plan, you may be able to appeal or file a grievance. For questions about your rights, this notice, or assistance, you can contact: Aetna at 1-888-982-3862, the Department of Labor’s Employee Benefits Security Administration at 1-866-444-EBSA (3272) or www.dol.gov/ebsa/healthreform. Additionally, a consumer assistance program can help you file an appeal. Contact information is at http://www.aetna.com/individuals-families-health- insurance/member-guidelines/complaints-grievances-appeals.html. ––––––––––––––––––––––To see examples of how this plan might cover costs for a sample medical situation, see the next page.–––––––––––––––––––––– 7 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Having a baby (normal delivery) Managing type 2 diabetes (routine maintenance of a well-controlled condition) About these Coverage Examples: These examples show how this plan might cover medical care in given situations. Use these examples to see, in general, how much financial protection a sample patient might get if they are covered under different plans. Amount owed to providers: $7,540 Plan pays $ 5,120 Patient pays $ 2,420 Sample care costs: Hospital charges (mother) $2,700 Routine obstetric care $2,100 Hospital charges (baby) $900 Anesthesia $900 Laboratory tests $500 Prescriptions $200 Radiology $200 Vaccines, other preventive $40 Total $7,540 Patient pays: Deductibles $1,500 Co-pays $20 Co-insurance $700 Limits or exclusions $200 Total $2,420 Amount owed to providers: $5,400 Plan pays $ 3,220 Patient pays $ 2,180 Sample care costs: Prescriptions $2,900 Medical Equipment and Supplies $1,300 Office Visits and Procedures $700 Education $300 Laboratory tests $100 Vaccines, other preventive $100 Total $5,400 Patient pays: Deductibles $1,500 Co-pays $300 Co-insurance $300 Limits or exclusions $80 Total $2,180 This is not a cost estimator. Don’t use these examples to estimate your actual costs under this plan. The actual care you receive will be different from these examples, and the cost of that care will also be different. See the next page for important information about these examples. 8 of 8 MAP 2 Coverage Period: 10/01/2015-09/30/2016 Summary of Benefits and Coverage: What this Plan Covers & What it Costs Coverage for: Individual + Family | Plan Type: POS Questions: Call 1- 888-982-3862or visit us at www.HealthReformPlanSBC.com. If you aren’t clear about any of the bolded terms used in this form, see the Glossary. You can view the Glossary at www.dol.gov/ebsa/healthreform.or call 1-866-444-EBSA (3272) to request a copy. Questions and answers about the Coverage Examples: What are some of the assumptions behind the Coverage Examples? Costs don’t include premiums. Sample care costs are based on national averages supplied by the U.S. Department of Health and Human Services, and aren’t specific to a particular geographic area or health plan. The patient’s condition was not an excluded or preexisting condition. All services and treatments started and ended in the same coverage period. There are no other medical expenses for any member covered under this plan. Out-of-pocket expenses are based only on treating the condition in the example. The patient received all care from in- network providers. If the patient had received care from out-of-network providers, costs would have been higher. What does a Coverage Example show? For each treatment situation, the Coverage Example helps you see how deductibles, co- payments, and co-insurance can add up. It also helps you see what expenses might be left up to you to pay because the service or treatment isn’t covered or payment is limited. Does the Coverage Example predict my own care needs? No. Treatments shown are just examples. The care you would receive for this condition could be different based on your doctor’s advice, your age, how serious your condition is, and many other factors. Does the Coverage Example predict my future expenses? No. Coverage Examples are not cost estimators. You can’t use the examples to estimate costs for an actual condition. They are for comparative purposes only. Your own costs will be different depending on the care you receive, the prices your providers charge, and the reimbursement your health plan allows. Can I use Coverage Examples to compare plans? Yes. When you look at the Summary of Benefits and Coverage for other plans, you’ll find the same Coverage Examples. When you compare plans, check the “Patient Pays” box in each example. The smaller that number, the more coverage the plan provides. Are there other costs I should consider when comparing plans? Yes. An important cost is the premium you pay. Generally, the lower your premium, the more you’ll pay in out-of- pocket costs, such as co-payments, deductibles, and co-insurance. You should also consider contributions to accounts such as health savings accounts (HSAs), flexible spending arrangements (FSAs) or health reimbursement accounts (HRAs) that help you pay out-of-pocket expenses. A Business of Caring Plan Code: DNT02 Effective Date: 10/1/2013 Page 1 of 2 CIGNA Dental PPO for Employees of First Group America (Account # 3214676) Full Time Employees Benefits CIGNA HealthCare Preferred Provider Organization Dental Plan In-Network Out-of-Network Policy Year Maximum (Class I, II, III Expenses) $1,250 per person Policy Year Deductible Individual $50 per person Aggregate Family Maximum $150 maximum per family Class I Expenses - Preventive & Diagnostic Care 100% no plan deductible 80% no plan deductible Oral Exams (Two per Policy Year) Cleanings (T wo per Policy Year) Full Mouth X-rays (One complete set per every three Policy Years) Bitewing X-rays (Two per Policy Year) Panoramic X-ray (One per every three Policy Years) Fluoride Application (Maximum of two applications per person per rolling 12 month period) Sealants (Maximum of one treatment per tooth every rolling 36 month period) Spaces Maintainers (Limited to non-orthodontic treatment) Emergency Care to relieve pain Class II Expenses - Basic Restorative Care 80% after plan deductible 80% after plan deductible Anesthetics Denture Adjustments and Repairs Extractions Oral Surgery Osseous Surgery Periodontal Scaling and Root Planting Restoration (including Fillings) Root Canal Therapy Class III Expenses - Major Restorative Care 50% after plan deductible 50% after plan deductible Crowns Dentures Bridges Prosthesis over Surgical Implant Optional Services Class IV Expenses - Orthodontia (Limited to dependent children under age 19) 50% after plan deductible 50% after plan deductible Lifetime Maximum $1,000 Missing Tooth No payment Waiting Period: 24 months Waived for initial group does not apply Pretreatment Review Available on a voluntary basis when extensive dental work in excess of $200 is proposed. Waiting Period None Plan Code: DNT02 Effective Date: 10/1/2013 Page 2 of 2 Benefit Exclusions (by way of example, but not limited to): Services performed solely for cosmetic reasons Replacement of a lost or stolen appliance Replacement of a bridge or denture within five years following the date of its original installation Replacement of a bridge or denture which can be made useable according to dental standards Procedures, appliances or restorations, other than full dentures, whose main purpose is to change vertical dimension, diagnose or treat conditions of TMJ, stabilize periodontally involved teeth, or restore occlusion Veneers of porcelain or acrylic materials on crowns or pontics on or replacing the upper and lower first, second and third molars Dental Implants Bite registrations; precision or se mi-precision attachments; splinting Instruction for plaque control, oral hygiene and diet Dental Services that do not meet common dental standards Services that are deemed to be medical services Services and supplies received from a hospital Charges which the person is not legally required to pay Charges made by a hospital which performs services for the U.S. Government if the charges are directly related to a condition connected to a military service Experimental or investigational procedures and treatments Any injury resulting from, or in the course of, any employment for wage or profit Any sickness covered under any workers’ compensation or similar law Charges in excess of the reasonable and customary allowances Reasonable and customary other than the 90th percentile This Benefit Summary highlights some of the benefits which are available under your plan. A complete description regarding the terms of coverage, exclusions and limitations, including legislated benefits, will be provided in your insuranc e certificate or plan description. “CIGNA HealthCare” refers to various operating subsidiaries of CIGNA Corporation. Products and services are provided by these subsidiaries, including Connecticut General Life Insurance Company, Intracorp®, and CIGNA Behavioral Health, Inc., and HMO or service company subsidiaries of CIGNA Health Corporation and CIGNA Dental Health, Inc. Copyright 2012 CIGNA Health Corporation First America will also offer a full vision program through VSP. This program is an option available to all employees at their own expense. Details of the coverage are as follows: Visit www.vsp.com for further information and a list of providers. Select the VSP Choice network option. Exam with Dilation as Necessary: $5 Contact Lens Fit and Follow-Up: (contact lens fit and two follow-up visits are available once a comprehensive exe exam has been completed) $0 Copay Frames: (Any available frame at provider location) $150 allowance, 20% off balance over $150 Standard Plastic Lenses: Single Vision Bifocal Trifocal $10 Copay $10 Copay $10 Copay Contact Lenses: (contact lens allowance covers materials only) Conventional Disposable Medically Necessary $0 Copay, $130 allowance $0 Copay, $130 allowance $0 Copay, paid-in-full Frequency Examination Frame Lenses or Contact Lenses Once every 12 months Once every 24 months Once every 12 months Vision – VSP ATTACHMENT 10 10 600 Vine Street Suite 1400 Cincinnati, OH 45202 513-241-2200 www.firsttransit.com