HomeMy WebLinkAboutFirst Transit Amendment to Agreement No. 4 to Extend Contract - Fully ExecutedAMENDMENT 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 “CITY” and FIRST TRANSIT INC., hereinafter referred to as “CONTRACTOR.”
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 Agreement’s 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 Agreement’s Section 2.c.; 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 Contractor’s 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 Agreement’s Exhibit A.
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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 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 $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 Agreement’s 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.
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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
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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.
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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
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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).”
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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.
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