HomeMy WebLinkAbout06/06/2006, C2 - AWARD CONTRACT FOR TRANSIT SERVICES TO FIRST TRANSIT, INC. council June 6,2006
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CITY O F SAN LUIS O B I S P O
FROM: Jay D. Walter, Public Works Director
Prepared by: Timothy Scott Bochum, Deputy Director of Public Works
Austin O'Dell, Transit Manager
SUBJECT: AWARD CONTRACT FOR TRANSIT SERVICES TO FIRST TRANSIT,INC.
CAO RECOMMENDATION
Approve a three-year contract with First Transit, Inc. to provide operations and maintenance
services for SLO Transit for the period July 1, 2006 through June 30, 2009, with the possibility
of seven one-year extensions and authorize the Mayor to execute the Agreement..
DISCUSSION
The current service contract for operations and maintenance for SLO Transit services expires on
June 30, 2006. At its meeting of September 8, 2005, the Council approved solicitation of an RFP
for transit service for operations and maintenance of SLO Transit. A pre-proposal meeting was
held on September 30, 2005 and attended by ten transit contractors. The meeting was held to
respond to questions regarding the RFP and clarify service requirement issues. On November 10,
2005, the City received two proposals. Responding contractors included First Transit, Inc. (the
current provider), and Transportation Concepts, Inc.
The two proposals were reviewed by a City Selection Committee, which was comprised of
members from the Public Works Department, City Attorney's Office and Finance Department.
Attachment 2 outlines the ranking process regarding the proposals.
As expected, the overall contract cost has increased over the current contract costs. The current
contract was awarded in 2001 and has been increased each year by a small percentage. The new
service contract costs will increase by approximately thirty percent (30%) over the current
contract cost. The primary reasons for the increase are due to areas where the contractor has little
control such as: insurance, workers' compensation, maintenance of our aging fleet, parts, wages,
and most notably- fuel.
Even though the contract costs will increase, the City will not need to modify its service levels at
this time. There are two reasons for this. First, the City Council approved service refinements on
August 1, 2005 to better match the reduced service demand on legal holidays and during winter
break. Secondly, the City will receive additional funding from both the Federal and State transit
funding sources that will help in covering service costs and capital bus replacement. The City can
continue with the current service level as long as there are no significant increases in the City's
contribution to San Luis Obispo Transit Regional Transit Authority (SLORTA), decreases in
assumed grant funding, or other unexpected change in the financial assumptions included in the
Transit Enterprise Fund Review (already considered by Council earlier in the evening).
As shown in that report, the Transit Fund could experience a funding deficiency starting in FY
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Award Contract for Transit Services to First Transit, Inc. Page 2
As shown in that report, the Transit Fund could experience a funding deficiency starting in FY
2008-09 if additional revenues are not secured to assist in operations or capital. However, under a
worst case scenario, the deficiency could be abated by the delay of scheduled vehicle replacement
by one year. Therefore staff is confident that the issue can be resolved such that the
recommendation for a minimum three year contract for our service provider can be executed. As
in any year, if there is the need to increase or decrease service, the proposed contract allows for
reduced revenue vehicle miles without substantial change to the way the City is charged for
service.
Benefits of the.First Transit, Inc. Proposal
First Transit, Inc. is the City's current transportation contractor. Overall, the City is satisfied
with the level of service and professionalism that First Transit has provided the City for the last
five years. First Transit has been fair and responsive contractor as well as a safe operator of our
bus fleet. The First Transit proposal contains many innovative ideas that led them to be the
consensus candidate contractor for our services. Highlights of these elements are:
1. Passenger Attitude and Service. The overwhelming philosophy in the First Transit
proposal was that passengers come first. As they professed in their consideration
for our current contract, First Transit puts quality first.
2. Driver Attitude and Service. First Transit recognizes the value of its experienced
drivers. First Transit has innovative employee incentive programs that are designed
to increase morale of the employees. First Transit also proposes to improve driver
wages for the SLO Transit employees in order to proactively hire new drivers and
also retain quality drivers that will perform our transit service.
3. Resident Manager. First Transit proposed the current Resident Manager, Kim
Blakeman, to continue his service at San Luis Obispo Transit. His experience and
ability to work with the City make him a good fit for this position.
4. Company Profile. The financial health of First Transit is solid. First Transit has
published profits for the past four years and will likely continue as a growth leader
in the transit industry.
5. Maintenance Tracking Software and Hardware. First Transit is an industry
leader in the use of innovative techniques and information services to keep costs
low. As part of their proposal, First Transit will be providing a maintenance
software package that will monitor the preventative maintenance and overall health
of each SLO Transit vehicle. This software is proven and tested and is already used
by First Transit nationwide to track vehicle performance and optimize parts
distribution and cost recovery. In addition, First Transit will make the information
and reports available to the City so that vehicle replacement and performance
monitoring can be closely tracked. This information should help the City to better
schedule major vehicle rehabilitation and replacement.
6. Experience with similar services. First Transit currently provides similar services
to the SLO Transit system at several other transit properties in California. These
include: Foothill Transit Authority, Kern County Transit, Los Angeles Metropolitan
Transit Authority, and San Diego County Transit. Based on staff's reference checks
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Award Contract for Transit Services to First Transit, Inc. Page 3
as part of the evaluation process, these other transit providers highly recommend
First Transit. The Selection Committee recognized that the proposed project team
demonstrated substantial experience that will benefit the SLO Transit system
FISCAL ANALYSIS
The First Transit proposal is an increase over the current contract costs for transit services. When
we circulated the RFP we assumed a cost increase was forthcoming. As expected, the overall
contract cost increased by about thirty percent (30%). The reason for the increased cost is
primarily due to uncontrollable costs to the contractor which include: insurance, workers'
compensation, maintenance of an aging fleet, parts, wages, and most significantly- fuel.
The cost of providing transit service for the next three years will be as follows:
Table 1—Annual Contract Costs
Year Not to Exceed Cost
FY 2006-07 $1,944,345
FY 2007-08 $2,047,543
FY2008-09 $2,135,205
CONCURRENCES
The MTC supports the current level of service. Additionally, the City Selection Committee,
consisting of staff from the Departments of Finance, Public Works, City's Attorney's office, and
Maintenance have evaluated the proposals and concur with the selection of First Transit.
ALTERNATIVES
1. Delay Award. The Council could decide to delay the award of contract for operations and
maintenance of public transit fixed route services. This delay however, would result in
interruption of transit service since there would be no contract in effect with First Transit on July
1, 2006, and there is no latitude to extend the current contract under FTA guidelines.
Attachments:
1. Proposed Agreement with First Transit,.Inc.
2. Description of Proposal Review and Ranking Process
G:\Transit\Transit Current Projects\Operations RFP 2006\Contract Negotiation\Transit CAR First Transit Contract Award 2006 v0.doc
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ATTACHMENT I
AGREEMENT
BETWEEN
CITY OF SAN LUIS OBISPO
AND
FIRST TRANSIT,INCORPORATED
ATTACHMENT I
TABLE OF CONTENTS
No. TOPIC Page
Agreement Cover
1. Purpose 50
2. Scope-of-Work 50
3. Time Period 50
4. Maximum Obligation 50
5. Price Formula 50
6. Invoice 51
7. Payment 51
8. Farebox Revenue 52
9. Control 52
10. Management 52
11. Medical Assistance to Passengers 52
12. Uniforms 52
13. Modifications of Agreement 53
14. Contract Assignments 53
15. Disputes 53
16. Stop-Work 53
17. Termination 54
18. Communications 55
19 Proprietary Rights 55
20. Shortages and Delays 56
21. ,Audit 56
22. Transportation Data Reporting 56
23. Workers' Compensation 56
24. Contractor's Employee Responsibilities 57
25. Transit Employee Protective Agreements 57
26. Insurance 58
27. Letter of Credit 59
28. Fidelity Bond 59
29. Prime Contractor Responsibilities 60
30. Nondiscrimination 60
31. Disadvantage Business Enterprise 60
32. Conflict of Interests 60
33. Conflict of Transportation Interests 60
34. Title to Supplies and Equipment 60
35. Headings 60
36. Retention of Records 60
37. Right to Adequate Assurance of Performance 61
38. Indemnification 61
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No. 12Ek Page
39. Merger 61
40. Additional Services 61
41. Changes in Scope-of-Work 62
42. Conflicting Use 62
43. Liaison 62
44. Failure to Perform 62
45. Liquidated Damages 62
46., Waivers 63
47. Interpretation, Jurisdiction, and Venue 63
48. Severability 63
49. Debarred Bidders 63
50. General Equipment Requirements 63
51. Public Contact Code Section 10162 Questionnaire 64
52. Integrity Certification 64
53. Energy Conservation 64
54. Air Pollution 64
55. Federal Changes 64
56. Clean Water 65
57. Privacy 65
58. Arbitration 65
59. Disclosure of Lobbying Activities 65
60. Non-Collusion Affidavit 66
61. Interest of Members of or Delegates of Congress 66
62. Drug-Free Workplace 66
63. Contractor's Representations 66
64. Contractor's Eligibility 66
65. Program Fraud and False or Fraudulent Statements and
Related Acts 66
66. Governing Law 67
67. Patent Rights 67
68. Attorneys' Fees 68
70. Recycled Products 68
71. Civil Rights 68
72. Charter Service 70
73. School Bus Service 70
74. No Government Obligation to Third Parties 70
75. Incorporation of Federal Transit Administration (FTA)Terms 70
76. Drug and Alcohol Testing 70
77. Uses of Buses and Equipment 71
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ATTACHMENT I
AGREEMENT
THIS AGREEMENT is entered into this day of , 2006, by and between the CITY OF
LUIS OBISPO, California, hereinafter referred to as "CITY" and "FIRST TRANSIT", hereinafter
referred to as "Contractor".
WITNESSETH
WHEREAS, Contractor has the management and technical personnel, expertise and other
assets useful for the support of City's transportation project; and
WHEREAS, Contractor is desirous of providing such services;
NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements
of each of the parties herein set forth, the parties hereto do agree as follows:
1. Purpose. City hereby contracts with Contractor to provide transportation management,
maintenance, and operation services upon the terms and conditions hereinafter set forth.
2. Scope-of-Work. Contractor shall provide the services set forth in Exhibit A, supplemented
by Exhibit B except when inconsistent with Exhibit A. Subject to the terms and conditions
set forth in this agreement, Contractor will provide the services to be rendered as set forth in
the Scope of Work in Exhibit A and subsequent addendums per Form 1.3 attached hereto and
by reference incorporated herein and made a part hereof.
3. Time Period. The tern of this agreement shall be from July 1, 2006 to June 30, 2009,
inclusive, with an option to extend for a maximum of seven, one-year terms starting July 1,
2009 and ending June 30, 2016. Contractor shall commence transit service operations of
City's transportation project on July 1, 2006, and continue operation through June 30, 2009
within the budget defined under the heading"Maximum Obligation".
4. 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
$1,944,345 during the first year; $2,047,543 during the second year; $2,135,205 during the
third year. For the fourth through the tenth subsequent option years, the parties shall
mutually agree upon the price formula.
5. Price Formula. The price formula will be based on two (2) tiers the City agrees to pay the
Contractor for performance of the service set forth in this Agreement as follows:
a. Tier 1. Payment of a fixed mileage rate, per revenue vehicle mile, of $2.293 in FY
2006/07 for revenue service; of$2.392 in FY 2007/08 for revenue service; of$2.496 in
FY 2008/09 for revenue service.
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ATTACHMENT I
Revenue vehicle miles will be calculated by determining the mileage of the actual
distance that each bus travels during revenue service. Revenue vehicle miles during
revenue service are solely based upon the published route alignment approved by City.
Mileage and time from the bus yard to the first scheduled service stop and the mileage
and time from the last scheduled service stop to the bus yard are excluded. Time miles
for driver meals, training, maintenance, and any other miles and time when transit buses
are not operating the public bus schedule available for passengers paying fares are
specifically excluded from use in the price formula.
The revenue mileage rate shall compensate Contractor for vehicle operator's wages and
fringe benefits, purchase of bus parts and components, oil, lubricants, grease, batteries,
mechanic supplies, antifreeze, and tires, bus cleaning supplies, radio maintenance.
Contractor will pass through the OPIS cost of fuel to City. Contractor is responsible
for local, state, and federal excise taxes, fees and sales taxes (Refer to Exhibit A,
Scope of Work, Section 3.23.13). The revenue vehicle mileage rate assumes all variable
and consumable costs of the Contractor.
b. Tier 2. Payment of a fixed monthly management fee per service month: FY 20006/07
$67,461, FY 2007/08 $70,577, and FY 2008/09 $73,887.
The monthly rate shall compensate Contractor for all fixed costs, including, but not
limited, to all the cost elements assikned to Contractor in Section 3, except those
included in paragraph 5(a) of this Agreement. It shall also include the insurance
premium.
c. City Responsibilities. City shall provide the facilities located at 29 Prado Road, San
Luis Obispo, California, which includes Operations Offices, dispatch area, driver's
lounge, garage and parking facilities, licensed mobile radio system and radio system
maintenance, vehicles and licenses, tickets, coupons and transfers, coupon and ticket
sales, printed timetables, service marketing and promotion, service planning and system
monitoring.
6. Invoice. Contractor shall submit monthly invoices to City for services provided as follows:
all revenue vehicle mileage costs, total vehicle mileage costs, the fixed monthly management
fee, reimbursements and fuel in accordance to Exhibit A, Scope-of-Work, Section 3.23.13.
Services and reimbursements shall be invoiced to City not later than the tenth (10th) day of
the month following the service month provided. No charge will be allowed for missed
revenue vehicle miles during revenue service. Fixed monthly rate shall be billed monthly.
All required reports and submissions as described in attached Exhibit A, shall be accurately
completed and submitted to City prior to payment of monthly fee.
7. Payment. All payments by City shall be made in arrears after the service has been provided.
Payment shall be made by City no more than thirty (30) days from City's receipt of the
invoice. Payment will be made on a monthly basis. If City disputes any items on an invoice
ATTACHMENT I
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 after receipt of invoice by City. City shall assign a sequential reference
number to each deletion.
Payments shall be by voucher or check payable to and mailed first class to:
FIRST TRANSIT, INC.
22192 NETWORK PLACE
CHICAGO,IL 60673-1221
8. Farebox Revenue. All farebox revenues collected by Contractor are the property of City.
Operating revenues include all fares, sales of tickets and passes, and advertising sales.
Contractor shall be responsible for handling farebox revenues in the manner discussed in
Exhibit A, Scope of Work, Section 3 and as necessary for City to meet state and federal
funding sources.
9. Control. In performing the services under this Agreement, the Contractor shall act as an
Independent Contractor and shall have full control of the work and the manner in which it is
performed. Contractor in no circumstances shall be considered as an agent or employee of
City, and Contractor's employees are not entitled to participate or be part of any pension plan,
insurance, bonus, or any similar benefits, which City provides its employees. A certificate
must be completed and submitted with the bid (Refer to Certification 2.7).
10. Management. During the terms of this Agreement, Contractor shall provide sufficient
executive administrative personnel as shall be necessary and required to perform it duties and
obligations under the terms hereof, and described in attached Exhibit A, Scope-of-Work. All
management personnel to be employed must be con mitted exclusively to the performance of
work on City's project and.shall not perform any other services for Contractor or other entity.
Management personnel shall be full-time employees of Contractor.
11. Medical Assistance to Passengers. Contractor's employees shall not be required to perform
any medical or quasi-medical functions for passengers. In the event of illness on board a
vehicle, the driver shall advise the dispatcher by radio and may proceed immediately to a
medical facility for help, on the instructions of dispatcher.
12. Uniforms. Contractor shall purchase uniforms as specified by City for all employees and
shall require the employees to wear them in accordance to Exhibit A, Scope of Work, Section
3. The design, type and logo of the uniforms shall be subject to City's approval. Uniforms
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shall include, but not be limited to shirts, pants and jackets. Drivers shall be required to
maintain neat and clean appearances. Uniforms shall be approved by the Transit Manager.
13. Modifications of Agreement. This writing constitutes the entire Agreement between the
parties relative to the matter of this Agreement and no modification hereof shall be effective
unless and until such modification is evidenced in writing signed by both parties to this
Agreement. There are no understandings,agreements or condition with respect to the subject
matter of the Agreement.except those contained in this writing.
14. Contract Assignments. This contract shall not be sold, assigned, transferred, conveyed or
encumbered in whole or in part by Contractor without the prior written consent of City.
Contractor shall not sell or otherwise transfer its interest in this contract 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 contract.
Subject to the provision regarding assignment, this contract shall be binding upon the heirs,
executor, administrators, successors and assigns of the respective parties.
15. Disputes. Except as otherwise provided in this contract, any dispute concerning a question of
fact arising under this contract which is not disposed or by agreement shall be decided by
City's Transit Manager, who shall reduce his decision to writing and mail or otherwise
furnish a copy thereof to Contractor. The decision of the Transit Manager shall be final and
conclusive unless within thirty (30) days from the date of receipt of such copy, Contractor
mails or otherwise furnishes to City's Public Works Director a written appeal.
The decision of the Public Works Director shall be final and conclusive unless within thirty
(30) days from the date of receipt of such copy, Contractor mails or otherwise furnishes to
City's City Council a written appeal.
The decision of City Council for the determination of such appeals shall be final and
conclusive unless determined by arbitration under the rules of the California Arbitration Act
(CCP 1280-1294.2) to have been determined fraudulent, or capricious, arbitrary, or so grossly
erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
In connection with any appeal proceeding under this clause, Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision
of a hereunder, Contractor shall proceed diligently with the performance of the contract and.
in accordance with the Transit Manager's decision.
This paragraph does not preclude consideration of law questions in connection with decisions
provided for in this clause, provided that nothing in this contract shall be construed as making
final decision of any administrative official, representative or board on a question of law.
CQL
ATTACHMENT I
16. Stop-Work. City may stop work on its transportation system upon forty-eight (48) hours
written notice to Contractor. City shall be liable for all relevant costs defined under Section 6
incurred prior to the stop-work period and for restart, if any.
17. Termination. The contract may be terminated for reasons of City's convenience or
Contractors breach or insolvency. Notice of termination shall be accomplished by registered,
certified or express mail.
a.. Termination for Convenience. City 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 closeout costs, and profit on
work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to City to be paid the Contractor. If the Contractor has any property in
its possession belonging to City, the Contractor will account for the same, and dispose of
it in the manner City directs.
b. Termination for Breach or Cause. 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, City 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 City 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, City, 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. City in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor ten (10) days in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions.
If Contractor fails to remedy to City's satisfaction the breach or default or any of the
terms, covenants, or conditions of this Contract within ten (10) days after receipt by
Contractor or written notice from City setting forth the nature of said breach or default,
City 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 City
from also pursuing all available remedies against Contractor and its sureties for said
breach or default.
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d. Waiver of Remedies for any Breach. In the event that City elects to waive its remedies
for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by City shall not limit City's remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
e. Termination for Default. 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, City may terminate this contract
for default. City 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.
18. Communications. All notices hereunder and communications with respect to this
Agreement shall be effective upon the mailing thereof by registered or certified mail, return
receipt requested, and postage prepaid to the persons named below:
If to Contractor:
With Copy to:
If to SLO Transit SLO Transit
955 Morro Street
San Luis Obispo, CA 93449
Attn: Transit Manager
ATTACHMENT I
All other communications, invoices, reports, etc., shall be made to the Transit Manager of
City.
19. Proprietary Rights. All inventions, improvements, discoveries, proprietary rights, patents
and copyrights made by Contractor under this Agreement shall be made available to City
with no royalties, charges or other costs, shall be governed by the provisions of 49 C.F.R
18.34. All manuals prepared by Contractor under this Agreement shall be made available to
City at no charge and become property of City. The required financial and activity reports
per other sections of this Agreement are excluded from this provision and shall be owned by
City. City may make presentations and releases relating to the project. Any report, public
releases, papers and other formal publications shall be subject to the approval of City, and if
appropriate, the Federal Government,before they are released.
20. Shortages and Delays. Contractor shall not be held responsible for losses, delays, failure to
perform, or excess costs caused by events beyond.the control of Contractor. Such events may
include,but are not limited to, the following: Acts of God, fire, epidemics, earthquake, flood,
or other natural disaster, acts of government or public, riots, war, civil disorder, or fuel
shortages. However, Contractor shall not receive payment for the revenue vehicle mileage
rate and only the mutually agreed direct and indirect monthly fee during the period of time
that service is not provided. Contractor also grants City the right to provide these services
through other means on a temporary basis should Contractor be unable to perform said
services.
21. Audit. Contractor shall comply with the following:
(a) General. Contractor shall permit the authorized representatives of City, Metropolitan
Planning Organization, State of California, the U.S. Department of Transportation,
Federal Transit Administration, and the Comptroller General of the United States to
inspect and audit all data and records of the Contractor relating to performance under this
Agreement. Contractor shall submit quarterly an unaudited report of actual
expenditures (both direct and indirect costs) per the Uniform System of Accounts
(Section 15).
(b) Audit Settlement. At any time, City may, at its own cost, conduct or have conducted an
audit of the Contractor. If the audit determines that City's dollar liability for Contractor's
services is less than payments made by City to Operator, then Contractor will pay the
difference in cash to City, or, at City's option, credit such overpayment against any future
amounts owed by City to Contractor. If the audit determines that City's dollar liability
for services provided under the contract is more than payments made by City to
Contractor, then City will pay the difference to Contractor in cash.
22. Transportation Data Reporting. Contractor collects and reports 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 of the Uniform Financial Accounting
ATUCHMENT 9
and Reporting Elements (FARE) as required under FTA National Transit Database (formerly
known as Section 15 of the Urban Mass Transportation Act of 1964).
23. Worker's Compensation. Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California, which require compensation or to understand self-insurance
in accordance with the provisions of that Code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this Agreement.
24. . Contractors' Employee Responsibilities. Employees shall at all times 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 expense to City, shall
faithfully comply with the requirements of all applicable State and Federal enactments with
respect to employer's liability, workers' compensation, unemployment insurance and other
forms of Social Security, and also with respect to withholdings of income tax at its source
from wages of said employees 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. The Contractor shall comply with the requirements of FTA Grant
Agreement,Part II, Section 119(b).
25. Transit Employee Protective Agreements. (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.Authorizedby 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
ATTACHMENT I
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. 4.5311.
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.
26. Insurance.
The Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. . Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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Deductibles and Self:Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers,official, employees; agents or volunteers.
2. For any claims related to this project, the Contractors insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, agents or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers, officials,
employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of
insurance showing required coverage. Original endorsements effecting general liability
and automobile liability coverage are also required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
27. Letter of Credit. Prior to execution of this Agreement, the prospective Contractor shall
furnish to City a Letter of Credit (LOC) in the amount equal to Two Hundred Thousand Ten
Dollars ($210,000). The Letter of Credit (LOC) shall be made payable to City and shall be
held by City throughout the term of this Agreement to guarantee performance by Contractor.
28. Fidelity Bond. During the period of time this Agreement shall be in effect, Contractor shall
cause its staff personnel to be covered under an appropriated bond protecting City from
employee theft up the amount of fifty thousand dollars ($50,000) with respect to any single
occurrence by Contractor's employees. Contractor shall furnish City with a certificate from it
fidelity bond carver showing proof of such coverage. Said coverage shall provide for
notification of City directly by Contractor's bond carrier at least fifteen (15) days in advance
in the event of cancellation or change of such coverage.
29. Prime Contractor Responsibilities. Contractor is required to assume responsibility for all
services for which a cost proposal is offered whether or not Contractor Possesses skills to
perform within its organization. City will consider Contractor to be sole point of contact with
regard to contractual matters, including payment of any and all charges resulting from the
contract. No subcontract will be entered into by Contractor to perform work relating to this
Agreement without the prior written authorization of City.
30. California Labor Code. In connection with the performance of this Agreement, Contractor
shall comply and adhere to all labor laws to employees and public transit employees.
31. Disadvantaged Business Enterprise. In connection with the performance of this
Agreement, Contractor will cooperate with City in meeting City's commitments and goals
with regard to the maximum utilization of disadvantaged business enterprise.
32. Conflict of Interests. Contractor promises that it presently has no interest, which would
conflict in any manner or degree with the performance of its services hereunder. Contractor
further promises that in the performance of this contract,no person having such interest shall
be employed. A certificate must be completed and submitted with the bid (Refer to
Certification 2.8).
33. Conflict of Transportation Interests. Contractor shall not divert any revenues, passengers
or other business from City's project to any taxi or other transportation operation of
Contractor.
34. Title to Supplies and Equipment. Title to parts, supplies and equipment is owned by the
current Contractor may be available for purchase by the new Contractor. The Contractor
shall maintain a reasonable spare inventory. At all times the Contractor shall maintain a
complete and accurate inventory listing including item name and description, purchase price,
quantity, and location of each part.
35. Headings. The headings or titles to sections of this Agreement are not part of the
Agreement and shall have no effect upon the construction or interpretation of any party of
this Agreement.
36. Retention of Records. Contractor and City agree to retain all documents relevant to this
Agreement for five years from the termination of the contract or until all Federal/State audit
are complete for the fiscal year, whichever is later. Upon request, Contractor shall make
available these records to City, State, or Federal government's personnel. Upon completion
of term of contract, Contractor shall provide City with maintenance , vehicle, and operating
data pertaining to SLO Transit in hardcopy and electronic format acceptable to City as a
condition of final payment to Contractor.
37. Right to Adequate Assurance of Performance. Each part to this Agreement undertakes the
obligation that the other's expectation of receiving due performance will not be impaired.
When reasonable grounds for insecurity arise with respect to the performance of either party,
the other may, in writing, demand adequate assurance of due performance and until he
receives such assurance, may, if commercially reasonable, suspend any performance for
which the agreed return has not been received. "Commercially reasonable" includes not only
the conduct of a party with respect to performance under this Agreement, but also conduct of
a party with respect to other Agreements with parties to this Agreement or others. After
receipt of a justified demand, failure to provide within a reasonable time, but not exceeding
thirty (30) days, such assurance of due performance as is adequate under the circumstances of
the particular case is a repudiation of this Agreement. Acceptance of any improper delivery,
services or payments does not prejudice the aggrieved party's right to demand adequate
assurance of future performance..
38. Indemnification. Contractor hereby warrants that all its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state, and local laws, regulations and ordinances, it being
understood that acceptance of Contractor's work by City, shall not operate as a waiver or
release of Contractor. Contractor will be responsible for obtaining any and all permits at its
expense and shall indemnify, hold harmless and defend City its agents, and employees from
and against any and all actions, claims, damages, environmental contaminations and spills,
disabilities or expenses, and witness costs that may be asserted by any person entity arising
out of or in connection with the activities necessary to perform the services and complete the
tasks provided for herein whether or not there is concurrent passive or active negligence or
willful misconduct of City, except where the claim is based solely on the negligence or
willful misconduct of City. These indemnification obligations not limited in any way by any
limitation of the amount or type of damages or compensation payable by or for the services
and tasks described in this Agreement or its agency under Workers' Compensation acts,
disability benefit acts or other employee benefit acts.
39. Merger. This contract set forth the entire agreement between the parties with respect to be
subject matter thereof, and supersedes and replaces all proposals, negotiations,
representations and implied obligations. The obligations, liabilities and remedies set forth
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herein are exclusive and shall operated as limitations on any action brought in connection
with the services, including an action in tort.
40. Additional Services. Additional services as authorized in writing by City or its designee will
be paid for on an individual basis at the regular revenue vehicle mileage rate as set forth in
paragraph 5 and will be billed separately from this Agreement.
41. Changes in Scope-of-Work. City, without invalidating the contract, may order additions to
or deletion of service hours for fixed route services or deletions for the work to be performed.
If justified, the contract charges will be adjusted accordingly. Any alteration(s) made in the
provisions, which are part of this contract shall not operate to release any surety or sureties
from liability or any bond(s) or Letter(s) of Credit (LOC) attached thereto and make a part
thereof. New provisions must be mutually agreeable to City and Contractor. City shall have
the right to make changes in routes, schedules, and other elements of work not involving
extra cost and not inconsistent with the work to be performed. In addition, City may make
- alterations or additions in routes or schedules to respond to the demands and special events
and other occurrences, provided that if additional justified cost to Contractor results
therefrom, extra payment will be made by City in an amount equal to the extended revenue
vehicle mileage rate specified in the contract or as may be other wise agreed to by City and
Contractor in advance of such extra work.
42. Conflicting Use. 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.
43. Liaison. Contractor shall assist and cooperate with City in meeting the objectives of
providing quality public transportation services. Contractor shall perform close liaison
activities, coordination and cooperation with City on matters related to operations,
monitoring,reporting, and service performance measurements.
44. Failure to Perform. City recognizes that the operation of a public transit service is subject
to circumstances and variables beyond the control of Contractor. However, a properly run
service will take steps to reasonably accommodate such circumstances without compromising
the safety or reliability of the service.
City and Contractor will monitor service performance to assure that strict adherence of routes
and schedules are being maintained. If performance is found to be substandard, City may
request in writing adequate assurance of performance as defined under Paragraph 37 of this
Agreement, and subject to Service Performance Standards in Section 3.25.
Contractor understands that continual substandard performance such as service runs
departing ahead of schedule, missed service runs, service runs departing scheduled stops
fifteen minutes or more after the scheduled time, frequent accidents and safety violations,
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frequent vehicle failure and frequent public complaints regarding driver behavior or dirty
vehicles are grounds for termination of this Agreement.
45. Liquidated Damages. Liquidated damages may be assessed as described in Exhibit A,
Scope-of-Work-
46.
cope-of-Work46. Waivers. Neither City's review, approval or acceptance of payment for the services required
under this Agreement shall be construed to operate as a waiver of any rights under Agreement
or of any cause of action arising out of the performance of the Agreement; and Contractor
shall be and remain liable to City in.accordance with applicable law for all damages to City
caused by Contractor negligent act, error or omission in the performance of any of the
services furnished under this Agreement. The parties agree that City shall have the final
authority to require the discharge by Contractor of any employee of Contractor. The waiver
by City of any breach of any term, covenant, condition or agreement herein contained shall
not be deemed to be a waiver of any subsequent breach of the same or of a breach of any
other term, condition or agreement herein contained.
47. Interpretation, Jurisdiction, and Venue. The contract shall be construed and interpreted
solely in accordance with the laws of the State of California; venue or any suit, right or cause
of action arising under or in connection with this Agreement shall be exclusively in San Luis
Obispo, California.
48. Severability. If any provision of this Agreement or the application thereof to any person or
circumstances is rendered or declared illegal for any reason or shall be invalid or
unenforceable, the remainder of the Agreement and application of such provision to other
persons or circumstances shall not be affected thereby but shall be enforced to the greatest
extent permitted by applicable law. The parties agree to negotiate in good faith for a proper
amendment to this Agreement in the event any provision hereof is declared illegal,invalid, or
unenforceable.
49. Debarred Bidders. The Contractor agrees to obtain certifications on debarment and
suspension from its third party contractors and subcontractors and otherwise comply wit U.S.
Department of Transportation regulations, "Government wide Debarment and Suspension
(Nonprocurement) and Government wide Requirements for Drug-Free Workplace (Grant)",
in compliance with 49 C.F.R. Part 29. A certificate must be completed and submitted with
the bid (Refer to Certification 2.4).
50. General Equipment Requirements. The Contractor; at its sole discretion and cost, may
decide to purchase and install an above grade fuel storage for all engine types with the
exception of compressed natural gas (CNG). In the event that the Contractor should decide
to exercise this option, Contractor shall comply with all associated federal, state and local,
regulations, and monitoring requirements. Contractor shall be responsible for all associated
costs for the preparation of all applications, permits, and licenses to the above grade fuel
storage facilities. In addition, the Contractor shall be responsible for all associated costs for
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installation and construction of infrastructure and all other costs to install the above grade
fuel storage facilities. The Contractor shall, at its own expense, be responsible for all
regulatory permits, maintenance, and all other costs of operating and using the above grade
fueling facilities. Contractor shall assume all environmental responsibility associated with
said fuel facility and indemnify the City for any responsibility of environmental
contamination, fines, and/or damages associated with the fueling facilities.
In event the Contractor should exercise this option, the Contractor will be subject to all city
and local requirements associated with the purchase and installation of the fueling facility.
Upon termination of the Contract, the City shall reserve the right to either offer a fair
market price for ownership of the fueling facility or require the Contractor to remove
the above-grade fueling facilities and return property to equal or better condition to
City's satisfaction prior to the effective date of termination.
51. Public Contract Code Section 10162 Questionnaire. The Contractor has completed and
submitted the questionnaire with the bid-(Refer to Certification 2.9). - -.
52. Integrity Certification. Contractor must include, with their proposal and agreement,
properly completed and executed certification regarding Lower Tier Debarment, Suspension
and other Responsibility Matter. A certificate must be completed and submitted with the bid
(Refer to Certification 2.6).
53. Energy Conservation. The Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained inapplicable State energy conservation plans
issued in compliance with the Energy Policy and Conservation Act,42 USC 6321 et sea.
54. Air Pollution. 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§Leq . The
Contractor agrees to report each violation to City,FTA, and the appropriate EPA Regional
Office.
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.
The Contractor may be required to submit evidence to City that the governing air pollution
criteria will be met. The evidence and related documents will be retained by the Contractor
for on-site examination by FTA.
55. Federal Changes. The Contractor understands that Federal laws, regulations, policies, and
related administrative practices applicable to the. Agreement on the date the Agreement
executed may be modified from time to time. The Contractor agrees that the most recent of
such Federal requirements will govern,the administration of this Agreement at any particular
time, except if there is sufficient evidence in the Agreement of a contrary intent. Such
contrary intent might be evidenced by express language in letters including those signed by
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the FTA Administrator. Likewise, new Federal laws, regulations, policies and administrative
practices may be established after the date the Agreement has been executed and may apply
to this Agreement. All standards or limits set forth in this Agreement to be observed in the
performance of the project are minimum requirements.
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 comply shall constitute a material
breach of this contract.
56. Clean Water. 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 City, regional water
resource agency, FTA and the EPA Regional Office. The Contractor also agrees to include
these requirements in each subcontract exceeding one hundred thousand dollars ($100,000)
financed in whole or in part with Federal assistance provided by FTA.
57.. Privacy. The Contractor and its employees shall comply with the Privacy Act of 1974, 5
USC. 552a. 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 Agreement.
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.
58. Arbitration. In the case of any controversy between the parties concerning but not limited to
the validity, construction or interpretation of this Agreement, the parties shall refer such
dispute in writing to an arbitrator. Each party shall appoint one person to hear and determine
the dispute and, if the two persons so selected are unable to agree, those two persons shall
select a third impartial arbitrator whose decision shall be final and conclusion upon both
parties. The cost of arbitration shall be borne by the losing parry or in such proposition as the
arbitrator decides. The arbitrator may hold meetings, hearings, and take testimony of
witnesses and receive evidence, by shall not be empowered to compel the attendance of any
person or the production of any evidence. The result of arbitration hereunder shall be binding
upon the parties.
59. Disclosure of Lobbying Activities. 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
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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. A certificate must be completed and submitted with the bid (Refer to
Certification 2.5).
60. 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 induced 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 an advantage. If,
it is found that collusion exists, proposals will be rejected and contract awards shall be null
and void. A certificate must be completed and submitted with the bid (Refer to Certification
2.1).
61. Interest of Members of or Delegates of Congress. No member of or delegate to the
Congress of the United States shall be admitted to any share or port of this contract or to any
benefit arising therefrom.
62. Drug-Free Workplace. The Contract shall comply with Government Code Section 8355 in
matters relating to providing a drug-free workplace. A certificate must be completed and
submitted with the proposal (Refer to Certification 2.3).
63. Contractor's Representations. The Contractor is familiar with all requirements of the
general conditions, specifications and instructions. The Contractor is familiar with all
matters affecting the performance of the work, including all general and special laws,
ordinances and regulations that may affect the work, its performance or those persons
employed therein. The Contractor 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 bid rates and any ward of contract is in reliance on such representations. It shall be the
Contractor's responsibility to adhere to all federal, state, and local laws regarding the
proposed service contract.
64. Contractor's Eligibility. Contractor certifies it is not on the Comptroller General's list of
ineligible contractors.
65. Program Fraud and False or Fraudulent Statements and Related Acts. The Contractor
acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seMc. 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.
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. -
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.
66. Governing Law. The Agreement which may ensue under this solicitation shall be
governed exclusively by the federal laws of the United States of America, the laws of the
State of California and the County of San Luis Obispo, and municipal code of the City of
San Luis Obispo. THIS AGREEMENT WILL NOT BE GOVERNED BY THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS OR BY THE PROVISIONS OF ARTICLE
2A OF THE UNIFORM COMMERCIAL CODE, THE APPLICATION OF WHICH
IS EXPRESSLY EXCLUDED..
The rights, obligations, and remedies of the parties shall be governed by the laws of the
State of California. Whenever there is no applicable state statute or decisional precedent
governing the interpretation of, or disputes arising under or related to, this contract, then
Federal common law, including the law developed by Federal boards of contract appeals,
the United States Claims court (formerly the Court of Claims), and the Comptroller General
of the United States, shall govern. Venue of any action shall lie exclusively in the County
of San Luis Obispo, California. This is the complete agreement between the parties. If any
provision of the contract is fund to be invalid or unenforceable, the remaining provisions
shall not be impaired.
67. Patent Rights. FOR ALL PLANNING, RESEARCH, DEVELOPMENT, OR
DEMONSTRATION UNDER THIS CONTRACT OR PROJECT:
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If any invention, improvement, or discovery of City or any of its third parry contractors is
conceived or first actually reduced to practice in the course of or under this Project, and that
invention, improvement, or discovery is patentable under the laws of the United States of
America or any foreign country, City shall notify FTA immediately and provide a detailed
report. The rights and responsibilities. of City, its third party contractors and the
Government with respect to such invention, improvement, or discovery, will be determined
in accordance with applicable Federal laws, regulations,policies, and any waiver thereof.
Any patentable result arising out of this contract, as well as all information, designs,
specifications, know-how, data, and findings shall be made available to City and the
government for public use, unless the Department of Transportation shall, in a specific case
where it is legally permissible, determine that it is in the public interest that it not be so
made available.
If in accordance with this agreement, the Contractor furnishes research, development or
consultative services in connection with the work and,,if in the course of such research,
development or consultation patentable subject matter is produced by the vendor, its
officers, agents, employees, subcontractors, or suppliers, City shall have without cost or
expense to it, an irrevocable, non-exclusive, royalty-free license to make, have made, and
use; either itself or by anyone on its behalf, such matter in connection with any activity now
or hereafter engaged in or permitted by City. Promptly, upon request by City, the
Contractor shall furnish or obtain from the appropriate person a form of license satisfactory
to City, but it is expressly understood and agreed that, as between City and the Contractor,
the license herein provided for shall nevertheless arise for the benefit of City, immediately
upon the production of said subject matter, and shall not await formal exemplification in a
written license agreement, as provided above. Such license may be transferred by City.to
its successors, immediate or otherwise, in the operation or ownership of any facility now or
hereafter operated by City, but such license shall not be otherwise transferable.
68. Attorneys' Fees. Should either party institute any action to enforce this Agreement, or any
provision hereof, the prevailing party in any such action or proceeding shall be entitled to
receive from the other party all costs and expenses, including reasonable attorney's fees.
70. Recycled Products. The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C..
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
71. Civil Rights.
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
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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 sec ., (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
training, including apprenticeship. m 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.
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72. 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.
73. 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.
74. No Government Obligation to Third Parties
The 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 Agreement and shall not be subject to any obligations or liabilities to the City,
Contractor, or any other party (whether or not a party to that contract)pertaining to any
matter resulting from the underlying contract.
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.
75. 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, asset 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.
76. Drug and Alcohol Testing
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
ATTAC6J jwEyT I
Oversight Agency of California, or the City of San Luis Obispo, 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 July 1 and to
submit the Management Information System (MIS)reports before March 10 to the Transit
Manager at 955 Morro Street, San Luis Obispo, CA 93401. 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.
77. Uses of Buses and Equipment. Contractor will use the buses, equipment, and SLO
Transit's Bus Operations and Maintenance (OM) Facility solely for the purpose of operating
SLO Transit service or for maintenance and other uses directly associated with the Service.
Contractor's right to use the Buses and Equipment is merely a license that is terminable at
will by SLO Transit and may not be transferred or assigned by Contractor.
Contractor will maintain the condition of the Buses, Equipment, and OM Facility and will
return them to SLO Transit on the Termination Date in the same condition in which it
received them, normal wear and tear accepted. Should Contractor return any Bus or
Equipment prior to the Termination Date for any reason, it will be in the same condition as
when delivered to the Contractor, normal wear and tear accepted. Without limiting the
foregoing, the steering, suspension, body, brake, and drive train components of any Bus
returned to SLO Transit at any time must, at the time of its return, meet OEM Specifications
and manufacturer safety standards.
City reserves the right to extend maintenance services and/or bus washer to third parties
performed by the successful contractor. City and successful contractor will coordinate billing
and conditions on a case-by-case basis.
Prior to the Effective Date, Contractor and SLO Transit will video record the interior and
exterior of each Bus, and conduct a joint inspection of its mechanical condition to establish
its overall condition as of the time of transfer of the Bus to Contractor.
Cay
ATTRcIJWIENT 1
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective officers thereunto duly authorized on the day written below their
signatures.
CONTRACTOR CITY
By: By:
Mayor
ATTEST: ATTEST`.
By: By:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Contractor Legal Counsel City Attorney
ATTACHMENT l
EXHIBITS
Table of Exhibits
Exhibit Description and Contents
A Scope of Work
Addendum No.l
Negotiated Pricing per Letter from Craig Smedman (insert)
Clarification of Assumptions Pertaining to Vehicle Maintenance, Facility
Maintenance, and Above Grade Fuel.
B Proposal from First Transit Submitted on November 10, 2005
Ca ' �
_ ATTAMWENT I
Exhibit A
SECTION 3: SCOPE-OF-WORK
ATTACHMENT I
Exhibit A
Section 3 Table of Contents
Subject
3.0 General Information
3.1 Role of SLO Transit
3.2 Role of Contractor
3.2.1 Operation
3.2.2 Operation Management
3.2.2.1 Resident Manager
3.2.2.2 Maintenance Supervisor
3.2.2.3 Operations Supervisor
3.3 Driver Selection and Supervision
3.4 Training of Drivers and Operations Personnel
3.5 System Safety
3.6 Road Supervision
3.7 Deliveries and Distributions
3.8 Handling Operational Emergencies
3.9 Declared Emergencies
3.10 Vehicle Scheduling and Dispatching
3.11 Customer Service
3.12 Farebox Revenue Collection and Accounting
3.13 National Transit Database
3.14 Reporting
3.14.1 Daily Reports
3.14.2 Weekly Reports
3.14.3 Monthly Reports and Invoice
3.14.4 Schedule Change and Runcut Reports
3.15 Monitoring and Auditing
3.16 Insurance
3.17 Training Equipment
3.18 Recycling Program
3.19 Marketing Activities
3.20 Schedule Change Assistance
3.21 Drug Testing
3.22 Required Computer Capabilities and Competencies
3.23 Maintenance
3.23.1 General Requirements
3.23.2 Daily Vehicle Servicing
3.23.3 Facility Cleaning
3.23.4 Vehicle Interior Cleaning
3.23.5 Vehicle Exterior Cleaning
3.23.6 Preventative Maintenance and Inspection
3.23.7 Daily Pre-Trip
0C 3a
ATTACHMENT 1
Exhibit A
Subiect
3.23.8 Vehicle Repair
3.23.9 Tools and Equipment
3.23.10 Maintenance Documentation and Reporting
3.23.11 Major Repairs and Maintenance
3.23.12 Computer and Special Diagnosis Training .
3.23.13 Fuel Cost Reimbursement
3.23.14 Environmental Adherence
3.24 Service Performance Standards
3.24.1 Incentives
3.24.2 Penalties
3.24.3 Employee Bonus Fund
CCA � 3
ATTACHMENT 1
i
Exhibit A
SECTION 3: SCOPE-OF-WORK
(Exhibit A of Agreement)
3.0 General Information
This Scope-of-Work contain technical specifications concerning work to be performed by
independent Contractor upon entering into a written agreement with 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 following: the role of City, the minimum level of performance
required of Contractor in the area of transit operation and maintenance and standard
performance and incentives.
3.1 Role of the City
City will establish policies and procedures for the provision of Fixed Route Transit Services
of SLO Transit. City shall provide vehicles furnished with mobile radio units, fareboxes,
decals and logos, vehicle licenses, system marketing and marketing literature, passes, tickets
and transfers. Refer to Appendix 1 in Section 8 (which will be Exhibit A, Appendix 1 of the
Agreement) lists all items and services provided by the City.
3.2 Role of Contractor
3.2.1 Operation
Contractor is required to perform all fixed route transit operation services using vehicles and
facility (facility located at 29 Prado Road, San Luis Obispo) provided by City. Fixed route
service shall be operated in strict accordance with timetables published by City.
3.2.2 Operations Management
Contractor shall provide operations management at a level and capability to oversee its
functions and employees. Duplication of City's general management responsibilities is
specifically not requested. The contract also requires key positions with the goal to enable
the Contractor to better focus on overall operations, service reliability, safety, and quality of
service. The key management position in Section 3.2.2.1 is required by the Contractor to
maintain.
3.2.2.1 Resident Manager
Contractor shall designate and provide the services of a full-time Resident Manager,
subject to the approval of the Transit Manager. The Resident Manager must have a
minimum of five years of experience in transportation operations or a similar
industry, including at least three years supervisory experience with drivers or
employees of a similar industry. A bachelor's degree in a related field from a four-
year college may be substituted for two years of transportation experience and for one
year of supervisory experience.
ATTACHMEiql -1
Exhibit A
The office of the Resident Manager will be physically located at City's operations
facility (29 Prado Road, San Luis Obispo) and this individual will be expected to
remain at the facility or otherwise within the service area, and shall perform no
other work, thus,solely working on this Scope of Work. The principle function of
the Resident Manager will be to oversee employees of Contractor and monitor
operational activities associated with this Scope-of-Work. The Resident Manager
will regularly advise City's Transit Manger in advance of times during which the
individual will be unavailable due to sickness and vacation. The Resident Manager
will, through Contractor, be responsible to City for the safe and reliable provision of
fixed route bus service referenced in this Scope-of Work. The Resident Manager will
be expected to directly supervise the daily activities of all drivers, dispatchers, call
takers, oversee the development and implementation of standard operation procedures
approved by the Transit Manager, and other personnel necessary to support system
operations.
Contractor shall assure City that the Resident Manager designated for this project will
not be replaced without the written consent of the Transit Manager. Should the
services of the Resident Managers become no longer available to Contractor, the
resume and qualification of the proposed replacement shall be submitted to the
Transit Manager for approval as soon as possible, but in any event, no later than five
(5) working days prior to the departure of the incumbent Resident Manager, unless
Contractor is not provided with such notice by the departing employee. The Transit
Manager shall have up to ten (10) working days following receipt of these
qualifications to respond to Contractor concerning acceptance of the candidate for
replacement Resident Manager. The candidate(s) for replacement will be orally
interviewed by the Transit Manager.
If an acceptable replacement is not found within ten (10) days after the Resident
Manager has departed, Contractor shall assign a senior management official, or other
supervisor approved by the Transit Manager to serve as interim Resident Manager
until a suitable permanent replacement is found. The Transit Manager retains the
right of prior approval over each candidate. Contractor shall undertake all reasonable
efforts in good faith to maintain quality and continuity in its selection of the Resident
Manager.
The Resident Manager will work cooperatively with City's Transit Manager in
matters of assuring service quality, providing operation data as described in this
Scope-of-Work, responding to comments from bus passengers and the general public
and responding to specific requests for other assistance as the need arises.
3.2.2.2 Maintenance Supervisor
Contractor shall provide the services of a capable Maintenance Supervisor, subject to
approval of the Transit Manager.
r�
ATTAG�IMEG4 d 3
- Exhibit A
The office of the Maintenance Supervisor will be physically located at City's
operations facility (29 Prado Road, San Luis Obispo) and this individual will be
expected to remain at the facility or otherwise within the service area, and shall
perform no other work, thus, solely working on this Scope of Work. The
principle function of the Maintenance Supervisor will be to oversee employees of
Contractor and monitor operational activities associated with this Scope-of-Work.
The Resident Manager will regularly advise City's Transit Manger in advance of
times during which the Maintenance Supervisor will be unavailable due to sickness or
vacation. An Acting Maintenance Supervisor will be designated by Contractor during
the absence of the Maintenance Supervisor due to sickness or vacation.
The Maintenance Supervisor must have a minimum of five (5) years of experience in
progressively responsible positions of a relevant nature. The Maintenance Supervisor
must have experience with large and small bus diesel, gasoline, and CNG engines, air
conditioning systems, transmissions, and wheelchair lifts. Technical expertise is
considered as important as administrative capability in the Maintenance Supervisor;
however, some demonstrated ability to direct the work of other maintenance
personnel, and interact with the City.
The Maintenance Supervisor shall receive formal training at the sole expense of
Contractor in maintenance and repair techniques of all types of vehicles and their
associated equipment and components used by SLO Transit in service immediately
upon assignment of the position. Contractor shall define the relationship between the
Resident Manager, Operations Supervisor, and the Maintenance Supervisor.
The Maintenance Supervisor shall be directly responsible for maintaining the fleet as
described in this Scope-of-Work and for monitoring the performance of all work to
ensure that all specifications are met.
Contractor shall assure City that the Maintenance Supervisor designated for this
project will not be replaced without the written consent of. the Transit Manager.
Should the services of the Maintenance Supervisor become no longer available to
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 five (5) working days prior to the departure of the incumbent Maintenance
Supervisor, unless Contractor is not provided with such notice by the departing
employee. The Transit Manager shall have up to ten (10) working days following
receipt of these qualifications to respond to Contractor concerning acceptance of the
candidate for replacement Maintenance Supervisor. The proposed replacement
candidates will be interviewed by the Transit.Manager.
If an acceptable replacement is not found with ten (10) days, Contractor shall assign a
senior management official or other supervisory employee acceptable to City to serve
- ATTAC�JWIEjqT 3
Exhibit A
as interim Maintenance Supervisor on a full-time basis until a suitable permanent
replacement is found. The Transit Manger retains the right of prior approval over
each candidate. Contractor shall undertake all reasonable efforts in good faith to
maintain quality and continuity in its selection of the Maintenance Supervisor.
The Maintenance Supervisor will work cooperatively with City's Transit Manager to
assure service quality, and provide maintenance data as described in Section 3.23 of
this Scope-of-Work.
3.2.2.3 Operations Supervisor
Contractor shall provide the services of a capable Operations Supervisor, subject to
approval of the Transit Manager.
The office of the Operations Supervisor shall also be physically located at City's
operations facility. This individual will be expected to remain at the facility or
otherwise within the service area, and shall perform no other work, thus, solely
work on this Contract. The principle function of the Operation Manager will be to
assist the Resident Manager in the oversight of employees of Contractor and monitor
operational activities associated with this Scope-of-Work. The Operations Supervisor
will report to the Resident. Manager. The Operations Supervisor will assume the
duties of the Resident Manager at times the Resident Manager is unavailable due to
sickness or vacation.
Contractor shall assure City that the Operations Supervisor designated for this project
will not be replaced without the written consent of the Transit Manager. Should the
services of the Operations Supervisor become no longer available to Contractor, the
resume and qualification of the proposed replacement shall be submitted to the
Transit Manager for approval as soon as possible, but in no event, no later than five
(5) working days prior to the departure of the incumbent Operations Supervisor,
unless Contractor is not provided with such notice by the departing employee. The
Transit Manager shall have up to ten (10) working days following receipt of these
qualifications to respond to Contractor concerning acceptance of the candidate for
replacement Operations Supervisor. The candidate(s) for replacement will be orally
interviewed by the Transit Manager.
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
Supervisor until a suitable permanent replacement is found. The Transit Manager
retains the right of prior approval over each candidate. Contractor shall undertake all
reasonable efforts in good faith to maintain quality and continuity in its selection of
the Operations Supervisor.
ca �3
Exhibit A
3.3 Driver Selection and Supervision
Contractor shall be entirely responsible for the employment and supervision of drivers
necessary to perform system operations. Such responsibilities shall include, although not
necessarily be limited to: driver recruitment, screening, selection, training, supervision,
employee relations, evaluation,retraining and termination.
Contractor shall use appropriate driver screening and selection criteria in order to employ
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 United States Department of
Transportation regulations.
Contractor shall be responsible for all applicable labor assignments for revenue service
drivers. The composition of Contractors labor assignments shall reflect a balance between
efficient labor utilization and reasonable personnel practices supporting driver longevity of
experience and job commitment.
Drivers shall be in uniform at all times while in service or otherwise on duty. The Contractor
shall provide driver uniforms for its employees. Minimum uniform requirements as specified
in Paragraph 12, Uniforms, of the Agreement shall be adhered. 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). Nothing in
this section shall be construed by either Contractor or City to be in conflict with the language
and intent of Paragraph 9, Control, of the Agreement, of which this Scope-of-Work is a part.
Refer to Appendix 2 in Section 8 (which will be Exhibit A, Appendix 2 of the Agreement).
3.4 Training of Drivers and Operations Personnel
At all times during operation of any bus in connection with these services, drivers shall have
available a time piece having and accuracy of plus (+) one (1) minute per month and set each
day in accordance with procedures provided by City to the Contractor. Refer to Appendix 2
in Section 8 (which will be Exhibit A, Appendix 2 of the Agreement). Outlines all driver and
driver training requirements.
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 fixed minimum number of hours of training for new employees, including
classroom instruction, behind-the-wheel training under supervision of a certified instructor,
and in-service training. It will be the responsibility of Contractor to train drivers to ensure
good conduct of passengers on the buses. Drivers will enforce City's rules of conduct. The
program must provide formal retraining measures, including criteria for determining the
success of retiring efforts.
Exhibit A
Contractor shall not conduct behind-the-wheel training with vehicles provided by City while
in revenue service hours.
All drivers must complete Contractor formal training program as approved by City and be
licensed with a valid California Class 2 Operator's License prior to entering revenue service.
Dispatchers and call takers, as well as any other individuals who may from time to time be
assigned to working the revenue service route telephone information phone lines shall be
trained in proper telephone etiquette. Employees will be monitored for courtesy and tact;
refresher training offered, as necessary.
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. Drivers will record ridership counts by
passenger category on manual and/or electronic counters provided on the buses.
3.5 System Safety
Contractor shall assume full responsibility for assuring the safety of passengers. The
Contractor shall also be responsible that operations personnel and City's capital assets are
maintained at the highest possible level throughout the duration of the Agreement.
Contractor shall comply with all applicable California Highway Patrol and OSHA
requirements.
Contractor shall develop, implement and maintain a formal safety program approved by City,
which meets or exceeds the minimum responsibilities defined in this Scope-of-Work. This
program should include the establishment of a safety committee with a minimum of six
annual meetings with membership approved by City and periodic safety meetings,
participation in safety organizations, safety incentives offered by Contractor to drivers and
other employees, and participation in risk management activities under the auspices of
Contractor's insurance carrier or other organization.
3.6 Road Supervision
Contractor shall provide full time road supervision to monitor drivers and vehicles operating
in revenue service and the supervisors will conduct system monitoring, assist drivers in
revenue service, and conduct passenger surveys. At the sole discretion of the Transit
Manager, Road Supervisors may conduct weekly sample survey summaries in accordance the
requirements of National Transit Database (formerly Section 15) reporting requirements per
City's satisfaction.
ATTACHMENT I
Exhibit A
Contractor shall develop, implement and maintain formal procedures to be used by road
supervisory personnel. Road supervision should be scheduled and coordinated by the
Resident Manager or his/her designee.
3.7 Deliveries and Distributions
Contractor shall deliver appropriate schedules and ticket books to outlets throughout the
community. Contractor personnel will also deliver information packets to the Committee
members of the Mass Transportation Committee (MTC) homes prior to their meetings as
well as packets to subcommittees of the MTC's.
Contractor shall distribute information to customers prepared and as specified by City.
3.8 Handling Operational Emergencies
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.
3.9 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 extra compensation to the
Contractor for service, which significantly exceeds the normal expense of operating the
service during such period of declared emergency.
3.10 Vehicle Scheduling and Dispatching
Contractor shall provide an adequate fixed number of persons to staff revenue service vehicle
dispatching functions. These persons shall also be responsible for maintaining radio control
with all vehicles in service and for maintaining the daily dispatch log. The dispatch log
format and contents is subject to the approval of the Transit Manager. Scheduling and
dispatching personnel shall be trained in professional techniques, radio protocol, and in
cooperation approaches with drivers and passengers. City shall provide Contractor with a
mobile radio system revenue service dispatching. Contractor shall have staff trained and
experienced in preparing efficient schedules and run-cuts for City fixed route service after
City provides the necessary parameters and criteria. The schedules prepared shall be
submitted to City for approval. Personnel shall be trained as discussed in Section 3.4 and the
performance will be monitored and refresher training will be offered by Contractor, as
necessary.
3.11 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
ca--
ATTACHMENT I
Exhibit A
trained personnel to receive incoming telephone calls. Prior to 8:00 a.m. and after 5:00 p.m.,
the dispatcher may; at the option of Contractor, provide telephone information. Between
8:00 a.m. and 5:00 p.m., adequate customer information staffing shall be provided.
Contractor shall arrange work shifts which efficiently reflect the volume of incoming
telephone calls.
Contractor shall develop, implement and maintain a daily schedule of labor resources to
handle telephone calls. This schedule shall identify work assignments, specify non-telephone
work assigned concurrently, and work shift times.. This daily schedule should be included in
the Contractor proposal.
3.12 Farebox Revenue Collection and Accounting
All farebox revenues collected on vehicles operated in fixed route service are the property of
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. 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.
3.13 National Transit Database
The Contractor shall be responsible for collection of Federal Transit Administration (FTA)
National Transit Database (NTD) Report data (formerly Section 15). The Contractor will
also be responsible for the design of all sampling methodology in accordance to FTA Circular
2710.4A. The Contractor shall prepare and submit daily, weekly, monthly, quarterly and
annual NTD reports to the Transit Manager. Also, the Contractor should certify that the data
is accurate and should develop an auditing procedure for the annual reports. Specifically, the
Contractor will be responsible for collecting data for the NTD forms in approved format by
the Transit Manager.
3.14 Reporting
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
0_101f 1
ATTACHMENT I
Exhibit A
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 4:30 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.
3.14.1 Daily Report
Contractor shall submit daily ridership information by route and fare type to Transit Manager
each business day morning.
3.14.2 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)
• The Transit Manager shall be immediately notified of any incident and accident.
A written report shall be submitted to the Transit Manager within two (2) hours of
the accident. Written Accident Report to include Police Report within ten days
of occurrence (upon occurrence).
• 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
• Unusual occurrence report. Serious unusual occurrences shall be reported
immediately
• Incident report per NTD
• Wheelchair Usage Report
• Bicycle Usage Report
• Fixed Route revenue bank deposit slip
• Written response to service complaints(upon occurrence)
• Passenger comments and complaints log
3.14.3 Monthly Reports and Invoice
The following reports shall be submitted to City on a monthly basis:
• Daily and weekly reports described above, summarized into a monthly report
• Schedule adherence reports will include a separate summary of on-time
performance for revenue services.
• Invoice for services provided
C9 °4_a
Exhibit A
• Management report by Contractor, outlining activities for the month including any
unusual events,incidents, suggestions, etc:, per Section 3.23.10.
• 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
• Preventative maintenance report by vehicle
• Facility cleanliness report
3.14.4 Schedule Change and Runcut Reports
The following report 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.).
3.15 Monitoring and Auditing
City shall have the right to have authorized personnel 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 and audit all records in connection
with providing service, using hired personnel, without prior notification to the Contractor.
3.16 Insurance
Contractor shall procure and maintain in full force, insurance at the levels prescribed in
Paragraph 26, Insurance, 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 or his designee. Contractor shall charge City for the
direct cost of insurance only. City's designated employees will be covered for liability
insurance.
3.17 Training Equipment
Contractor shall provide all training equipment including, but not limited to, the following:
VCR, TV, video camera and all other audio and visual equipment associated to driver and
safety training.
3.18 Recycling Program .
Contract shall implement, maintain, and encourage a recycling program for their employees
to material that can be recycled by the City. Contractor will implement measures to reduce
paper trash as a requirement of the City.
Exhibit A
3.19 Marketing Activities
City will provide primary marketing and advertising. However,the Contractor will assist-and
contribute to marketing and advertising both financially and non-financially of revenue
services. The Contractor shall submit as part of the proposal a description of both financial
and non-financial marketing activities to promote ridership on SLO Transit. The Contractor
should have an understanding of the markets and the demographics to implement campaigns
approved by City.
Contractor shall install advertising material on the vehicles as requested by Transit Manager
or his/her designee, shall distribute brochures to all brochure distribution points in service
area on a frequency that is sufficient to maintain a continuous brochure supply at each of the
locations, but not less than once per week, and shall distribute literature on the vehicles at all
times.
3.20 Service Change Assistance
Contractor will provide personnel to assist in service change activities including, but not
limited to, the following: bus stop sign route information, bus stop schedule information,
rider alerts, passenger notifications, new bus stop evaluations, schedule deliveries, runtime
evaluation, and other field assistance necessary to implement schedule changes.
3.21 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.
3.22 Required Computer Capabilities and Competencies
Contractor, at its sole expense, shall provide its employees with access to computer
workstations capable of operating Microsoft Windows environment, Microsoft Office 2000,
Access, and email communications with City. The Contractor, at its sole expense, shall
provide all the training of software, hardware diagnosis repair equipment by the Contractor
and/or the City. Contractor's hardware and software shall be compatible with City's
computer and information environment.
3.23 Maintenance
3.23.1 General Requirements
Contractor shall perform maintenance functions and activities as described in this sub-section
and in Appendices 3 and 4 in Section 8 (which will be Exhibit A, Appendix 2 and Appendix
3 of the Agreement).
C� � f
ATTACHMENT I
Exhibit A
Using City's facilities and major tools in place on June 30, 2006, Contractor shall service,
maintain and repair revenue and non-revenue service vehicles to the satisfaction of City.
Services provided by Contractor shall meet or exceed the general standards prevailing within
the transit industry, and shall, at a minimum, meet the specific requirements described herein,
and those of the bus manufacturers.
Contractor shall be responsible for purchasing and maintaining, tools and equipment
inventories, vehicle cleaning and servicing, providing.reports describe herein and maintaining
a clean and safe work area. Contractor shall be responsible for maintaining GFI farebox
equipment and bus washer.
Using the fleet of City's revenue vehicles referenced in this Scope-of-Work, Contractor shall
ensure that there are sufficient number of operable vehicles available to meet all scheduled
services in a safe, reliable, and clean manner. Refer to Section 3.24.
3.23.2 Daily Vehicle Servicing
For vehicle servicing requirement, refer to Appendix 3 in Section 8 (which will be Exhibit
A, Appendix 4 of the Agreement).
3.233 Facility
Contractor shall provide janitorial services to the building and grounds. Contractor shall be
responsible for cleaning the operations office areas, maintenance office area, all shop areas
and the service areas including washing, fueling and parking facilities on a weekly basis to
the satisfaction of the Transit Manager. Facility cleaning will include, but not be limited to
these activities: vacuuming, floor scrubbing, dusting, window washing and bathroom
cleaning. If major repairs .are required, Contractor shall notify the Transit Manager in
writing. Contractor shall retain responsibility for cleaning, resurfacing and painting of all
shop areas, fueling and washing areas and the parking areas. Facility cleaning will be done
on a daily basis and shall include, but not be limited to: sweeping and floor scrubbing to
remove grease and oil from concrete surfaces and pickup of papers and garbage at the
fueling, washing and parking areas to the satisfaction of the Transit Manager. Contractor will
assume responsibility for cleaning the operations office area, maintenance office areas,
driver's day room, all bathrooms and windows. If in the opinion of the Transit Manager,'the
cleaning is not satisfactory; City shall assess a penalty of Two Hundred Fifty Dollars
($250.00) per day. Refer to Section 3.25.2.9.
City will provide structural or mechanical repairs to the facility and grounds, unless repairs
are require by required due to abuse, misuse, or willfull damage of Contractor, its employees,
agents, and representatives.
3.23.4 Vehicle 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 and dusted daily.
During the daily interior cleaning process, all foreign matter such as gum, grease, dirt and
ATTACHMENT I
Exhibit A
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 washed at
least once 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. Vehicle shall be able to pass the white
glove test. Refer to Appendix 3 in Section 8 (which will be Exhibit A, Appendix 3 of the
Agreement). Refer to Section 3.24.
3.235 Vehicle 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 twice per week. 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.
Contractor shall maintain an up-to-date record of all washings and major 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, seats missing, mechanical operations, mechanical conditions, and any
other critical items City deems important. Please refer to Appendix 3 in Section 8 (which
will be Exhibit A, Appendix 3 of the Agreement). Refer to Section 3.24.
3.23.6 Preventative Maintenance and Inspection
Contractor shall perform all maintenance work on all vehicles utilized in the provision of
service associated with this Agreement. Contractor shall adhere strictly to the preventive
maintenance schedules in accordance with industry manufacturers standards and
manufacturers' service schedules. 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.
JA .
Exhibit A
Contractor shall not defer maintenance for reason of shortage .of maintenance staff or
operable buses, nor shall service be curtailed' for the purpose of performing maintenance.
Contractor shall adjust the work schedules of its employees as necessary to meet all
scheduled services and complete maintenance activities according to the maintenance
schedule. Refer to Appendices 3 and 4 in Section 8 (which will be Exhibit A, Appendix 3
and Appendix 4 of the Agreement).
3.23.7 Daily Pre-Trip Inspection
Each vehicle operator must conduct a daily pre-trip vehicle inspection prior to placing the
vehicle in service. Contractor shall submit to the Transit Manager for approval of list of
items to be included as part of the daily vehicle inspection. Daily pre-trip inspections must
be supplemented by regularly scheduled maintenance inspections to monitor the vehicles
operating condition. Contractor shall keep a record of all such inspections and shall make
said record available to Transit Manager or City upon request.
Prior to pullout, Contractor shall repair or replace any vehicle, which poses a safety or
operational problem based on results of the daily pre-trip vehicle inspection.
3.23.8 Vehicle Repair
All repairs to revenue and support vehicles, including electronic components, shall be
performed by Contractor. Repairs shall include, although not be limited to, work to correct
loss damage and adjustments due to normal wear and tear of vehicles. Repair work shall be
conducted as soon as such work is identified. Contractor shall repair problems as noted
during scheduled inspections and on daily trouble cards in a timely basis. Contractor shall
provide City a weekly repair schedule maintenance to assure City that repairs are remedied.
Contractor shall document the time and nature of the repair work completed in response to
identification of problems by staff or passengers.
Preventive maintenance and running repairs shall receive first priority in the application of
Contractor's resources to work described in Appendices 3 and 4 in Section 8 (which will be
Exhibit A, Appendix 3 and Appendix 4 of the Agreement).
Major repairs and heavy maintenance shall be performed as described in Section 3.23.12.
Major repairs and heavy maintenance, such as major component rebuilds shall be second
priority and performance. Contractor will be expected to consult with City immediately
when available resources cannot cover all maintenance and repair work. In such
circumstances, City shall prioritize work. City may utilize other vendors and suppliers to
make major repairs should Contractor be unable for whatever reason to perform this work.
Contractor shall be familiar with vehicle warranties and shall notify City prior to
commencing warranty work on any vehicle.
�a,
ATTACHMENT d
Exhibit A
Contractor shall be responsible for the maintenance and repair, but not be limited to, the
following: electronic headsigns, vehicle computers, electronic fareboxes, wheelchair ramps
and lifts,bus washer, all other electronic, mechanical, and non-electronic bus components.
3.23.9 Tools and Equipment
Contractor shall provide all tools necessary for the maintenance and repair of City's
equipment. Contractor may use City tools in place as of July 1, 2006.
Contractor shall conduct an annual audit and reconciliation of the tools and equipment
provided by City.
Contractor shall reimburse City for the full replacement value of any and all items broken,
damaged, lost or stolen. City shall inform Contractor in writing of the items for which
reimbursement is expected and shall deduct the entire amount from the next monthly
payment to City for services operated and invoiced in accordance to the terms of the
Agreement.
3.23.10 Maintenance Documentation and Reporting
Contractor shall be required to submit reports and supportive documentation evidencing the
performance as described in this Scope-of-Work. Contractor shall provide reports in the
form and on the schedule approved by the Transit Manager. As City's needs for data changes
form time to time, Contractor shall willingly assist the Transit Manager in implementing
revised reporting procedures and methods.
Contractor shall be responsible for accurately competing the following forms at the time
interval indicated. One original copy of each form shall be provided to Contractor by City.
Contractor shall duplicate forms as necessary for completion and submittal to City.
Weekly reports shall be submitted no later than 4:30 p.m. of the second working day
following the end of the operating week. Typically, this will be Tuesday. Monthly reports,
including the Contractor's invoice, shall be submitted to City no later than the tenth (10th)
day of the calendar month. All reports shall be regarded as supportive documentation of
Contractor's invoice for pay.
3.23.10.1 Weekly Reports
The following reports shall be submitted to City on a weekly basis:
• Bus report to be provided to City and identifying current vehicle status, including
preventive maintenance inspections (PMI) in progress, air conditioning and
wheelchair lift status.
• Report of damages due to accident. A written report shall be provided to City
staff immediately after occurrence.
• PMI checklists.
• Consumption of fuel by each vehicle & lubricants by each vehicle.
ATTACHMENT $
Exhibit A
• Roadcall report identifying date, vehicle number, problem and mileage of vehicle
and miles since last road call, and PMI for that vehicle.
• Service call report.
3.23.10.2 Monthly Reports
The following reports shall be submitted to City on a monthly basis:
• Summary of the above weekly reports.
• Warranty claims for all labor and parts.
• All work orders.
• Distribution of Contractor employee bonus fund.
3.23.11 Major Repairs and Heavy Maintenance
Major repairs and heavy maintenance shall include:
1. Replacement of engine and/or transmission of vehicles owned by City that are not
under warranty; and exterior and interior painting of entire vehicles;
2. Major repair to the engine shall include all failed components housed within the
cylinder heads, accessory drive covers and block of the engine, and any component
which requires the removal of the engine from the vehicle or the separation of the
transmission from the engine;
3. Major repair to the transmission shall include all failed components housed within the
casing of the transmission (excluding filters) to include the torque converter and
transmission retarder; and,
4. Major repair to the rear axle and drive gear assembly shall include any repair other
than outside wheel bearing and seals.
If Contractor determines that major repair and heavy maintenance is necessary, Contractor
shall notify the Transit Manager in writing, detailing the reasons for such a determination and
including pertinent information from the vehicle file and a detailed outside vendor's cost
estimate. After inspection and review by Transit Manager and/or his designee, City may
direct Contractor in writing, to proceed with the recommended work. City will reimburse
the Contractor for the amount approved by the Transit Manager. Contractor will be
responsible for costs not approved by the Transit Manager. . Contractor shall submit a
copy of the detailed invoice to Transit Manager.
If Transit Manager and/or his designee determine that such work is necessary due to
maintenance and/or failure to maintain component based on manufacturer's instructions
and/or recommended/specified service interval by Contractor, City will not be liable for any
costs.
Contractor shall remain responsible for all costs related to repair or replacement of any
engine driven component such as generators, hydraulic pumps, water pumps, valve covers,
oil pans, alternators, voltage regulators, air compressors, air conditioning compressors,
vacuum pumps, starter motors and turbocharger. Contractor shall also remain responsible for
'ENT I
Exhibit A
all costs related to repair or replacement of transmission related parts such as oil coolers,
external oil lines, external filters, external linkage modulators, external
speedometers/odometers, "driven" gears or sensors, neutral start switches and temperature
sensors.
3.23.12 Computer and Special Diagnosis Training.
Contractor, at its sole expense, shall provide its mechanics and employees with access to
computer workstations capable of operating Microsoft Windows environment, Microsoft
Office 2000, Access (and other database applications (e.g. FoxPro), and email
communications with City. The Contractor, at its sole expense, shall provide all the training
of software, hardware diagnosis repair equipment by the Contractor and/or the City.
Contractor's hardware and software shall be compatible with City's computer and
information environment. Contractor, at its sole expense, shall provide all training for
servicing activities directly or indirectly associated to transit operations and vehicle
maintenance, including but not limited to, the following: transmissions, engines, electronics,
GFI fareboxes, etc.
3.23.13 Fuel Cost Reimbursement
a. City and Contractor will coordinate in the selection of the fuel vendor. Contractor will
provide City with three quotes from fuel vendors. Separate vendors for different fuels are
acceptable.
b. Contractor will bill the City for actual fuel expenses as part of the monthly invoice. City
will reimburse Contractor for the following:
i the cost of fuel, and
ii a mutually agreed upon supplier's mark-up fee (OPIS plus service fee/supplier's
mark-up) for fuel purchased.
c. Contractor will be responsible for paying all taxes, including state and federal excise
taxes, local taxes, and state sales tax where applicable.
d. The City will not require the Contractor to use ultra low sulphur fuel unless mandated by
the California Air Resources Board and available by the Contractor's fuel suppliers.
3.23.14 Environmental Adherence
Contractor shall be responsible for all environmental expenses and maintenance for bus
operations. Contractor shall be responsible for establish and/or transfer facility operator with
appropriate environmental agencies, perform all necessary duties and tasks to prepare and
submit report to the state, and pay appropriate fees. The Contractor shall also be responsible
for the inspection and cleaning of two clarifiers at the bus yard.
3.24 Service Performance Standards
3.24.1 Incentives
Ca re'D
Exhibit A
3.24.1.1 Total Revenue Vehicle Miles between Preventable Collision
Accidents Incentive
The City shall pay the Contractor a fiscal quarterly lump sum of two hundred
dollars ($200) as an incentive payment if fixed-route preventable collision
accidents between revenue vehicle miles equals or exceeds seventy thousand
(70,000) miles. The total revenue miles will be computed using the City's fiscal
quarter period consisting of three months. The first fiscal quarter consists of the
months of July, August, and September. The second fiscal quarter consists of the
months of October, November, and December. The third fiscal quarter consists of
the months of January, February, and March. The fourth fiscal quarter consists of
the months of April, May, and June. The number of preventable accidents and
incidents occurring in the fiscal quarter when divided into the total revenue
vehicle miles, will be the basis for determining miles between incidents.
3.24.2 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 it 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, based on Section 3.24.2, 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.
3.24.2.1 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 three hundred dollars ($300.00) per occurrence.
- ATTAM MEN d I
Exhibit A
Should a vehicle in revenue service be determined to not meet the vehicle
cleanliness standards setforth in Section 3, the contractor shall be assessed a
penalty of one hundred fifty dollars ($150.00).
3.24.2.2 Total Unlinked Trips per Revenue Vehicle Hour Penalty
Contractor shall pay City a monthly lump sum of two hundred dollars ($200) as a
penalty payment if passengers per revenue vehicle hour decrease by 10% or more
from the same.month from the prior year and the decrease is not due to system
changes controlled by City.
3.24.2.3 On-Time Performance Penalty
Contractor shall pay City a monthly lump-sum of five-hundred dollar ($500) as a
penalty payment for each revenue service route for which on time performance is
less than 95% on any one transit route, and a one thousand dollar ($1,000) penalty
payment for each revenue service route (local transit) on which on time
performance is less than 90%, and a two thousand dollar ($2,000) penalty
payment for each revenue service route (local transit) on which on time
performance is less than 85%.
A bus shall be considered "NOT ON-TIME" if: (a) 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.)
3.24.2.4 Late Route Pull Penalty
Contractor shall pay City the sum of two hundred fifty dollars ($250.00) for each
failure to begin operation of a schedule within ten (10) minutes of the route pull
(scheduled start time) designated by City.
3.24.2.5 Off-Route Penalty
Contractor shall pay City the sum of two hundred fifty dollars ($250.00) 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.
3.24.2.6 Missed Service Penalty
CD - 2-
Exhibit A
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.
3.24.2.7 Missed Service Stops Penalty
Contractor shall pay City the sum of two hundred fifty dollars ($250.00) for each
bus stop not served as a result of missed service. This penalty is cumulative with
other penalties.
3.24.2.8 Unsatisfactory CHP Rating Penalty
Contractor shall pay City the sum of two hundred fifty dollars ($250.00) 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.
3.24.2.9 Bus Operations and Maintenance Facility Cleanliness Penalty
Contractor shall pay City the sum of two hundred fifty dollars ($250.00)per day.if
the Transit Manager deems the Bus Operation the Bus Operations and
Maintenance Facility as unsatisfactory per Section 3.23.
3.24.2.10 Failing to Employ Required Management Penalty
Contractor shall pay City the sum of one hundred fifty dollars ($150.00) for each
calendar day that Contractor fails to employ and assign Resident Manager,
Operations Supervisor, and Maintenance-Supervisor to the services covered by the
Agreement. This assessment will not be made until the thirtieth (30) following
notice of employment separation. An amount equal to the daily salary including
all fringe benefits shall be deducted for each day the positions of Resident
Manager, Operations Supervisor, and/or the Maintenance Supervisor vacant. This
assessment will not be made until the. thirtieth (30) day following notice of
employment separation and/or departure from this project.
3.24.2.11 Failing to Report Penalty
Contractor shall pay City the sum of one hundred dollars ($100.00) per incident
for failing to report penalties and/or liquidated damages.
3.24.2.12 Late Reports Penalty
T
ATTACiJ9 a N
Exhibit A
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 as per Sections 3 and 8.
3.24.2.13 Unresolved Complaints Penalty
Contractor shall pay City the sum of one hundred fifty dollars ($150.00) for each
unresolved complaint.
3.24.2.14 Non-Compliance to Uniform/Dress Code Penalty
Contractor shall pay City the sum of ten dollars ($10.00) per incident that a driver
or Road Supervisor of the Contractor fails to comply with to the Uniform/Dress
Code in Section 8, Appendix 2 (which will be Exhibit A, Appendix 2 of the
Agreement).
3.24.2.15 Non-Compliance to Preventative Maintenance Inspection Penalty
Contractor shall pay City the sum of one hundred dollars ($100.00) for any
infraction that Preventative Maintenance Inspection is not completed with plus ten
percent(10%) of the scheduled interval.
3.24.2.16 Inoperative Lifts
Contractor shall pay City the sum of two hundred dollars ($200.00) per incident
that a bus in placed in service with an inoperative wheelchair lift.
3.24.2.17 Total Revenue Vehicle Miles between Preventable Collision
Accidents Penalty
The Contractor shall pay the City a fiscal quarter lump sum of five hundred
dollars ($500) if preventable collision accidents between revenue vehicle miles
falls below fifty thousand (50,000) miles. The total revenue miles will be
computed using the City's fiscal quarter period consisting of three months. The
number of preventable accidents and incidents occurring in the fiscal quarter when
divided into the total revenue vehicle miles, will be the basis for determining
miles between incidents.
3.24.2.18 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.
3.24.2.19 By-Passed Passenger Penalty
The Contractor shall pay the City the of seventy-five dollars ($75.00) per
passenger that left behind by the bus for failing to stop or for leaving the bus stop
two (2) or more minutes early. The Transit Manager or his designee will provide
Ca 1:;.J
ENT I
Exhibit A
an opportunity for the Contractor to implement an immediate remedy to the
situation prior to assessing penalty.
3.24.2.20 Failure to Announce Bus Stops Penalty
The Contract shall pay the City fifty dollars ($50.00) per bus stop that a bus driver
fails to announce bus stops. The Transit Manager or his designee will provide an
opportunity for the Contractor to implement an immediate remedy to the situation
prior to assessing penalty.
3.24.3 Employee Bonus Fund
In the event that the Contractor receives a Bonus, Contractor will contribute one half to
an employee fund. Contractor will be responsible to establish an Employee Bonus Fund
Committee of five voting members consisting of one driver, one mechanic, and one road
supervisor. Non-voting members may consist of the Resident Manager or his/her
designee and the City's Transit Manager or his/her designee. This Employee Bonus Fund
Committee will determine how the contributions from Contractor's Bonuses are to be
spent to benefit the employees and/or distributed to the employees. Contractor will report
the use and/or distributions of this fund in the monthly bill in the format approved by
City.
Exhibit A
APPENDIX 1:
DEFINITIONS
ATTACHMENT IL
it A
ADA Related Unlinked Passenger Trips. The number of passengers who board public
transportation vehicles associated or attributed to ADA compliance requirements. This is a subset of
the total number of total number of unlinked passenger trips.
Actual Person Count. Full and part time employees of the transit agency,permanent or temporary,
who hold approved and filled positions at the end of the fiscal year.
Actual Service. The total service operated during each time period (AM Peak, PM Peak, Midday,
Other). Actual service excludes missed.trips and service interruptions (e.g. strikes,emergency
shutdowns),but includes non-revenue service.
Actual Vehicle Miles/Hours. The miles and hours a vehicle travels while in revenue service plus
the deadhead/non-revenue service miles and hours. Actual vehicles miles/hours exclude miles and
hours for charter services, school bus service, operator and maintenance testing.
Aggravated Assault. An unlawful attack by one person upon another for the purpose of inflicting
severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a
weapon or by means likely to produce death or great bodily harm.
Arson. To unlawfully and intentionally damage, or attempt to damage, any real or personal property
by fire or incendiary device.
Automatic Vehicle Locator (AVL). Intelligent Transportation System that is able to track vehicles
by route either real-time or delayed-time.
Burglary. The unlawful entry of a structure to commit a felony or a theft. This includes offenses
known locally as burglary, unlawful entry with intent to commit a larceny or felony,breaking and
entering with intent to commit a larceny, housebreaking, safe-cracking, and all attempts at these
offenses.
Bus Going off Road. A non-collision incident which occurs as result of buses leaving the roadway,
and for rollovers.
Chargeable Service Calls. Any occurrence that requires the Contractor to exchange a revenue
vehicle with any other revenue vehicle during revenue vehicle due to any mechanical reason that
does not cause an interruption of revenue service. This includes vehicle exchanges at layover points,
recover points, and/or any other location and time a vehicle is on route during revenue service.
Collisions with Objects. An incident involving one or more vehicles from a transit agency with an
obstacle (e.g. buildings, shopping carts, etc.) other than vehicles or persons.
Collisions with Other Vehicles. An incident involving one or more transit agency vehicles and any
other vehicle.
- ATTACHMENT I
Exhibit A
Collisions with People. An incident in which one or more persons are involved in a.collision with
a transit vehicle agency vehicle or attempted/successful suicides.
Curfew and Loitering Laws. All arrests for violations of local curfew or loitering ordinances
where such laws exist.
Deadhead/Non-Revenue Service. The miles and hours that a vehicle travels when out of revenue
service. Deadhead/Non-Revenue Service includes leaving or returning to the garage or yard facility,
or changing routes, and when there is no reasonable expectation of carrying revenue passengers.
Deadhead/Non-Revenue Service does not include charter service, school bus service, operator
training, or maintenance training. For non-scheduled, non-fixed route service, deadhead/non-
revenue service also includes the travel between the dispatching point and passenger pick-up and
drop-off.
Disorderly Conduct. All charges of committing a breach of the peace. This includes, affray;
unlawful assembly; disturbing the peace; disturbing meetings; disorderly conduct in State
institutions, at court, at fairs, on trains, or public conveyances, etc.;blasphemy, profanity, and
obscene language; desecrating the flag; refusing to assist an officer; and all attempts to commit any
of the above.
Dispensable Parts. Include nuts,bolts, fasteners; and any other part costing less than five dollars
($5.00).
Driving Under the Influence (DUI). The driving or operating of any vehicle or common carrier
while drunk or under the influence of liquor or narcotics..
Drunkenness. Arrest for all offenses or drunkenness which is the consumption of alcoholic
beverages to the extent that one' mental faculties and physical coordination are substantially
impaired. This includes drunkenness, drunk and disorderly, common or habitual drunkard, and
intoxication.
Employee. An individual who compensated by the transit agency and whose expense is reported to
in the Federal Transit Administration object class 501 labor.
Employee Work Hours. Employee labor hours, not including fringe benefits hour such as sick
leave, holidays, or vacations. Work hours include only labor hour employees of the transit agency,
both full time and part time, permanent and temporary.
Fare Evasion. The unlawful use of transit facilities by riding without paying the applicable fare.
Fatality. A death confirmed within thirty days after an incident, which occurred under the collision,
personal casualty, or fire categories.
Exhibit A
Fires. An incident involving uncontrolled combustion manifested by flame or smoke resulting in
evidence of charring, melting, or other evidence of ignition of transit property.
Fire in Right-of-Way and Others. A fire occurring in transit agency right-of-way or other transit
agency property.
Fires in Station. A fire occurring in a transit passenger station, bus shelter or bus stop.
Fires in Vehicles. A fire occurring inside a transit agency vehicle.
Forcible Rape. The carnal knowledge of a female forcibly and against her will. This includes
assault to rape or attempted to rape..
Full Time Employees. Employees of the transit agency meeting the local definition of full time
hours. Normally, these persons are entitled to receive the full benefits package
Global Positioning Satellites (GPS). Matrix of satellites that are capable of locating a single
vehicle or objects on earth. GPS is commonly used in conjunction with AVL and ITS systems.
Heavy Maintenance. Major engine and/or transmission rebuild, and exterior and interior painting
of entire vehicle.
Homicide. The killing of one or more human being by another. This includes murder, non-
negligent manslaughter, and manslaughter by negligence.
Injury. Any physical damage or harm to a person requiring medical treatment, or any physical
damage or harm to a person reported at the time and place of the occurrence. For employees, and
injury includes, incidents resulting in time lost from duty or any definition consistent with a transit
agency's current employee injury reporting practice.
Incidents. Collision, personal casualties, fires, and transit property damage greater than$1,000,
associated with transit agency revenue vehicles; all other facilities on the transit property;'and service
vehicles, maintenance areas and rights-of-way (ROW).
Intelligent Transportation Systems (ITS). Integration of current technology to improve operating
efficiency and customer information to increase usage and safety.
Larceny/Theft. The unlawful taking, carrying, leading, or riding away of property from possession
or constructive possession of another. This includes pocket-picking, purse snatching, shoplifting,
thefts from motor vehicles,thefts of motor vehicle parts and accessories, theft of bicycles, theft from
buildings, theft from coin-operated devises or machines, and all other theft not specifically classified.
Life Miles. Miles is the sum of revenue vehicle miles, non-revenue vehicle miles, yard miles, and
maintenance miles.
Exhibit A
Mechanics Supplies. Include,but are not limited to, the following: dispensable parts (nuts, bolts,
fasteners, and any other part costing less than five dollars ($5.00)), bus cleaning supplies, rags, floor
mats, shop cleaning supplies, de-greasers, spray lubricants, welding supplies, and parts cleaning tank
fluid
Missed Service. The difference of Vehicle Revenue Miles and Hours from Schedule Revenue Miles
and Hours.
Non-Chargeable Service Calls. Any occurrence that requires the Contractor to exchange a revenue
vehicle with any other revenue vehicle during revenue vehicle that does not cause an interruption of
revenue service. This includes vehicle exchanges at layover points, recover points, and/or any other
location and time a vehicle is on route during revenue service.
Operating Labor. The employee engaged in the operating of the transit system, categorized by their
functions.
Other Assault. An unlawful attack or attempt by one person upon another where no weapon was
used or which did not result in serious or aggravated injury to the victim. This includes simple
assault, minor assault, assault and battery, injury by culpable negligence, intimidation, coercion,
hazing, and all attempts to commit these offenses.
Other Person. An individual who is neither a patron nor an employee of the transit agency.
Part Time Employees. Employees of the transit agency who work less than the local definition of
full time. Normally, these persons are not provided the full benefits package.
Passenger Parking Facility. Parking garages and passenger parking control buildings with
attached fixtures, used for parking passenger automobiles while they use the transit agency's
facilities. These parking facilities are either free or available for a fee.
Passenger Station/Bus Stop. The buildings and shelters, with all attached fixtures used as transit
passenger station facilities. Additional passenger service is frequently available in these stations
(e.g. ticket/token/pass sales, transit malls, transfer facilities, intermodal terminals, deports, terminal
and high occupancy vehicle facilities). This covers major terminals, wayside stations, passenger
shelters, benches, and stop signs along the route.
Patron. A person who intends to use or has used the transit system and is on property affiliated
with the transit system with the limits of the law. An employee is not a patron.
Permanent Employee. Employees of the transit agency meeting the local definition of part time or
full time hours. Normally, these persons retain job security rights and are entitled to receive the full
benefits package if working full time. Part time permanent employees may be eligible for a limited
benefits package and may have job security rights. n
l (aG
i�U U�tiP6'lti�altd419 �
Exhibit A
Personal Casualty Involving Boarding and Alighting Vehicle. A non-collision incident boarding
or alighting_ a transit agency vehicle (e.g. slips, falls, door closing, lifts)in which one or more person
are injured or die. A boarding or alighting incident must involve physical contact between the
passenger and the vehicle.
Personal Casualty Involving Inside Vehicle. A non-collision incident (e.g. sudden braking,
unexpected swerving) in which one or more persons within the transit vehicle are injured or die.
Personal Casualty Involving Parking Facility. A non-collision incident in a transit agency parking
facility in which one or more persons within the transit parking facility are injured or die.
Personal Casualty Involving in Stations/Bus Stops. A non-collision incident (e.g. involving
stairs, escalators, passageways, platforms, etc.) at a station or bus stop in which one or more persons
are injured or die.
Rejection of Proposal. Determination that proposal is nonresponsive..
Revenue Vehicle Hours/Miles. Refer to Vehicle Revenue Miles/Hours.
Revenue Service. The time when a vehicle is available to the general public and there is a
reasonable expectation of carrying passengers that either directly pay fares, are subsidized by public
policy, or provide payment through some contractual arrangement. Vehicles operated in fare free
service are considered in revenue service. Revenue service excludes non-revenue miles and hours,
school bus, and charter.
Revenue Service Interruptions for Mechanical Reasons. Revenue service interruptions caused
by failure of some mechanical element of the revenue vehicle. Revenue service interruptions for
mechanical reason include breakdowns of: air equipment; brakes, body parts, doors, cooling system,
heating system,electrical units, fuel system, engine, steering and front axle,rear axle, and
suspension, and torque converters. These revenue service interruptions require assistance from
someone other than the revenue service operator to restore the vehicle to an operating condition.
Further they usually require the transfer of the passengers to another vehicle for the completion of
their trip.
Revenue Service Interruption for Other Reasons. Revenue service interruptions caused by tire
failure, farebox failure, wheelchair lift failure, air conditioning system, out of fuel-coolant-lubricant,
and other causes not included in.revenue service interruptions for mechanical reason.
Roadcalls. Roadcalls is defined to be any interruption in revenue service caused by mechanical, for
other reasons, and service calls. Roadcalls incorporate Revenue Service Interruptions for
Mechanical Reasons and Revenue Service Interruptions for Other Reasons as defined by the Federal
Transit Administration.
�a -4-
Exhibit A
Robbery. The taking or attempting to take anything of value from the care, custody, or control of a
person or persons by force or threat of force or violence and/or by putting the victim in fear. The use
or threat of force includes: firearms; knives or cutting instruments; other dangerous weapons (e.g.
clubs, acid, explosive); and strong-arm techniques.
Scheduled Start Time. The time a revenue vehicle begins operating revenue service at a service
stop with the reasonable expectation of carrying passengers that either directly pay fares, are
subsidized by public policy, or provide payment through some contractual arrangement. Vehicles
operated in fare free service are considered in revenue service.
Scheduled Revenue Service. The total service schedule to be provided for picking up and
discharging passengers. Scheduled revenue service is computed from internal transit agency
planning documents (e.g. run paddles, public timetables).
Service Calls. Any occurrence that requires the Contractor to exchange a revenue vehicle with any
other revenue vehicle during revenue vehicle that does not cause an interruption of revenue service.
This includes vehicle exchanges at layover points, recover points, and/or any other location and time
a vehicle is on route during revenue service.
Sex Offenses. Any sexual acts except forcible rate, prostitution, and commercialized vice. This
include offenses against chastity, common decency, morals, and the like, such as: adultery and
fornication, buggery, incest, indecent exposure, indecent liberties, seduction, sodomy or crime
against nature,statutory rape (no force), and making of narcotic drugs.
Transit Property. All facilities which are directly controlled by a transit agency(transit agency is
responsible for cleaning or maintaining) or provided to a transit agency for it use by another public or
private entity(formal or informal agreement with the owner wherein services or facilities are
provided to benefit the transit agency). This includes stations, exclusive rights-of-way,bus stops,
and maintenance facilities.
Transit Property Damage. Any damage to transit property that require the repair or replacement
of transit property agency vehicles or facilities to a state equivalent to the which existed prior to the
incident.
Temporary Employees. Employees of the transit agency working full time or part time hours,but
only for a limited period of time for the completion of a set task or period. These persons are usually
not entitled to receive any benefits and do not have any job security rights. Persons employed
through a temporary employment agency are not temporary employees of the transit agency.
Trespass. To unlawfully enter land, a dwelling, or other real property.
Vandalism. The willful or malicious destruction, injury, disfigurement, or defacement of any public
or private property, real or personal, without consent of the owner or person having custody or
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Exhibit A
control by cutting, tearing, breaking, marking, painting, drawing covering with filth, or any other
such means as may be specified by local law.
Vehicle Revenue Miles/Hours. The miles and hours a vehicle travel while in revenue service. A
transit vehicle is in revenue service only when the vehicle is available to the public and there is a
reasonable expectation of carrying passengers that either directly pay fares, are subsidized by public
policy, or provide pay through some contractual arrangement. This does not imply that a cash fare
must be paid. Vehicles in free fare service are considered in revenue service. Vehicle revenue
miles/hours exclude travel to and from storage facilities, training operators prior to revenue service,
road tests and deadhead/non-revenue travel, as well as school bus and charter services. Vehicle
revenue mile/hour includes layovers and recovery time.
Unlinked Passenger Trips. The number of passengers who board public transportation vehicles.
METHODS OF MEASURES
Miles between Roadealls. Based on Transit Manager's review of reports, complaints and
inspection of vehicle maintenance records.
On-Time Performance and Early Runs. Based on Road Supervisor reports and City performing
monthly time checks. Time checks shall be based on telephone time.
Uniform/Dress Code Compliance. Based on visual observation from Transit Manager or designee.
Bus Appearance. Based on review of Contractor's records and field inspection by City.
PMI and Wheelchair Lift and Ramp Compliance. Based on review of Contractor's record,
complaints, and reports from regulatory agencies and user.
Heating and Air Conditioning. Based on field checks along any part of a published run by City.
Temperature measured in aisle as longitudinal mid-point of the bus, between thirty six (36) and forty
eight (48) inches above the floor level.
Preventable Collision Accidents. Based on Transit Manager's review of accident and police
reports, as well as upon visual bus inspections by City.
CaAr1o3 --
Exhibit A
SECTION 8: APPENDICES
CCN
i
Exhibit A
Section 8 Table of Contents
Appendix Subiect Page
1 City's Responsibilities 129
2 Driver Requirements and Driver Training Program 130
3 Revenue Vehicle Servicing 135
4 Maintenance, Cleaning and Safety Program 144
Ca � ��
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Exhibit A
APPENDIX 1
CITY'S RESPONSIBILITES
City shall provide the following:
1. Transit Vehicles and Related Equipment
• Transit Vehicles
• Mobile radio units
• Maintenance of radio equipment
• Fareboxes (non-automated coin counting machine)
• Schedule racks for vehicles
• Electronic and non-electronic destination signs
• Decals and logos for vehicles
• Two non-revenue vehicles (Station wagon, and one pick-up truck)
2. Street Equipment
• Bus stop signs, 'U' brackets and poles
• Passenger shelters,benches, and schedule holders
• Trash receptacles
3. Bus Operations and Maintenance.Facility
• Bus Operations and Maintenance Facility located at 29 Prado Road, San Luis Obispo,
California
• Base station for radios
• Office furniture of Operations and Maintenance Departments (As in place on June 30,
2006)
• Maintenance equipment (As in place on June 30, 2006)
4. Other Services and Material
• System marketing, schedule, customer information brochures and other marketing
brochures, transfers, tickets, passes, and customized route and stop information at
passenger shelters, etc.
• Contractor will pay for all utilities and services including, but not limited to, the
following: telephone system and extensions, water, electricity, gas, cable, computer
communications (i.e. modem, DSL, etc.), internet services, cleaning of Contractor's
offices, maintenance office area, servicing area, and bus parking area..
X86 Vw�;6'6Uei�B V
Exhibit A
APPENDIX 2
DRIVER REQUIREMENTS
AND
DRIVER TRAINING PROGRAM
rvic ereutiaiviItly1 -0
( 1
Exhibit A
DRIVER'S REQUIREMENT AND DRIVER TRAINING PROGRAM
Prior to Contractor starting revenue service,training shall be given to each of the Contractor's employees. Training must
be performed by qualified driver trainer. Bus drivers must meet minimum qualifications outlined below.
1. Driver Trainer
a. Driver's Licenses. Must have either a State of California,Department of
Education School Bus Driver Instructor's certificate,or Department of Motor Vehicles approval to certify
Class 2 drivers' licenses.
b. Pull Notice Program. All persons operating City equipment shall be on the DMV Pull Notice Program.
Any"Notice of Action"on a drivers'record shall be reviewed by the driver trainer.
No prospective or present employee of Contractor who tests positive on the druglalcohol screening test
shall be assigned to City bus service.
3. New Bus Driver Training
a. Those bus drivers without prior transit coach or charter coach driving must complete a training program
that results in qualifying for a Class 2 driver certificate.
b. All State of California,California Highway Patrol,and Department of Motor
Vehicles requirements shall be included for a new bus driver training program.
4. Training for Existing Class 2 Certified Drivers
Drivers how have an existing Class 2 certified license who have at least three months experience with transit
coaches shall have minimum of sixteen (16) hour of training of the specific vehicles utilized for this fixed route
bus service. Those drivers without at least three months transit coach experience should have at least forty (40)
hour of behind the wheel training o the specific vehicles for the fixed route bus service. Minimum training
hours required shall be in non-revenue service.
5. Supplemental Training for All Drivers
a. All drivers, regardless of prior experience, must be given route specific training. At least sixteen (16)
hours of actual driving for each route must be included.
b. A minimum of four (4) hours of classroom instruction on the following: vehicle code; radio
procedures, accident procedures; driver vehicle and schedule assignments, and employee rules and
regulations:.
C. A minimum of four (4) hours of classroom instruction of the following: fares, monthly pass sales,
transfer use and procedures, regional transit information and other pertinent customer operating
procedures. Drivers shall obtain through training a good working knowledge of the regional public
transit system. Drivers shall be informed on an ongoing basis of transit service changes.
d. A minimum of four(4)hours of classroom instruction of the following:
customer courtesy and safety procedures and techniques for handling customer complaints and
handling of driver-passenger confrontations and sensitivity training.
e. A one(1)hour orientation to City policies and requirements for
operating performance including competed trips, on-time performance, and liquidated
damages/performance bonuses.
f. All drivers must receive and pass the eight hour minimum National Safety Council Defensive Driving
Courses or equivalent.
g. An additional eight hours of training shall be devoted to the operations of lift equipment and.sensitive
and courteous treatment of persons with disabilities. The lift training shall include instruction on the
operation of lifts and securements, experience boarding and alighting individuals in wheelchairs under
various conditions and empathy training to help operators gain insight into the special needs and
ra'�=,lig
Exhibit A
specific obstacles persons with disabilities may encounter using public transportation. Note that all
drivers shall undergo this training.
h. Red Cross First Aid Training is an option which may be completed within fifteen (15) days after start
of driver's service.
6. Drivers' Rules and Regulations
a. Uniforms/Appearance. Uniforms must be worn at all times when on duty.
Contractor shall provide and maintain clean, identical uniforms for all drivers and shall enforce dress
and appearance requirements, also subject to approval of City. At a minimum,dress requirements shall
include:
1. Clean identical,solid color shirts for all drivers.
2. Clean, identical,dark solid color jackets or sweaters for all
drivers for use during cold or rainy weather.
3. Clean,identical,professionally made identification tags,
including City logo and driver name.
4. City patch on the right sleeve of the shirt and jackets.
5. Clean,dark solid color full-length pants/trousers,clean,dark
matching socks and clean,dark solid shoes for all male drivers.
6. Clean,dark solid color full-length pants/trousers(or clean,
dark solid skirts),and clean dark color shoes for all female drivers.
7. Contractor may propose alternative summer uniforms for
drivers subject to City approval .
8. All shirts/blouses tails must be tucked into the drivers'
pants/trousers(or skirts).
9. Drivers must have neatly groomed hair and maintain neat appearance.
b. Driver Rules
1. While in uniform, a driver will not purchase, consume or be under the influence of
any narcotic,intoxicant or harmful drug.
2. A driver will be responsible for keeping the vehicle clean and sanitary during his/her
shift.
3. Drivers are responsible for immediately reporting any defects their assigned vehicle
may have to the supervisor.
4. Drivers must conduct themselves and operate their assigned in a safe vehicle and
courteous manner at all times.
5. Drivers may use vehicles only in accordance with their assigned duties.
6. Drivers are responsible for displaying proper destination signs while in service.
7. Drivers providing service must travel over the prescribed routes and must maintain
time schedules. If it becomes necessary to go off route, the employee will first
immediately notify his/her supervisor via radio. No run will be cut short.
8. Drivers will report to the dispatchers any unusual occurrences observed on the road
and any vandalism or damage to City property.
9. Drivers shall not accept gratuities.
7. In-Service Training
a. Drivers should receive at least one(1)hour of safety training each month.
b. Contractor trainer shall conduct a one(1)hour evaluation check ride with
each bus driver at least once every three months.
C. Contractor shall conduct a one(1)hour refresher training in proper use of
wheelchair lift procedures and use of all wheelchair securement devices with each City fixed route bus
driver at least once every six (6) months. All drivers should receive refresher sensitivity training
annually.
cc:) °-
- Exhibit A
8. Safety
Drivers shall conduct themselves with the highest regard for passenger safety and comfort, including but not
limited to:
a. Yield even though they may not have the right-of-way.
b. Follow National Safety Council Defensive Driving Course practices.
C. All information regarding any system accident is confidential. Employees
will only speak to police or supervisory personnel regarding any such accident.
d. Drivers shall report unsafe bus stop conditions to the dispatcher or
supervisor for immediate attention. City has final determination for placement of bus stops, however,
City will use Contractor input to evaluate a specific location. Contractor will make changes to the
stop(s) as directed by City, including pole installation, sign placement, printing curb stencils and/or
pole removal.
9. Physical Examinations
Contractor shall provide Contractor's drivers' medical examinations at Contractor's expense at a certified
medical facility, and Contractor shall not permit any driver who has not successfully passed such examination to
operate a vehicle in any service included in this Agreement. Medical examinations must be sufficient to meet
the medical requirements to qualify for a Class 2 certificate issued by the California Department of Motor
Vehicles.
10. Additional Requirements
a. City may revise operating procedures,fare policies,and employees rules
and regulations based on specific incidents or general policy development. City may request
Contractor input, when necessary, to make changes to the operating procedures and rules and
regulations included within this Agreement.
b. Contractor shall supply City with a list of drivers who have completed
the specified driver training program for fixed route bus service. This list shall be updated at least
monthly and as additional drivers are trained.
C. A meeting of all affected personnel of the Contractor shall be held prior to
system start-up or service changes when so requested by City No more than four(4)such meetings will
be requested during any one (1) year period. City shall be permitted to attend these meetings if so
requested by City.
d. City shall be able to request that specific driver(s)be replaced for failure
to follow the Driver's Rules: (Section 6 of this Appendix) or other reasonable cause. (A City request
for a driver's dismissal from service will be given only after a verbal/written warning(s) have been
given to Contractor by the City Transit Manager or designed representative).
]I. Road Supervisors' Uniforms/Appearance
Contractor shall provide and maintain clean, identical uniforms for all road supervisors and shall enforce dress
and appearance requirements,also subject to approval of City. At a minimum,dress requirements shall include:
a. Clean identical,white shirts for all drivers.
b. Clean,identical,navy blue sport coats.
c. Clean, identical,professionally made identification tags,including City logo and supervisor's name and
title.
d. SLO Transit or City logo patch on the left front pocket of sport coat.
e. Clean, navy blue full-length pants/trousers, clean, dark matching socks and clean,black solid shoes for
all male drivers.
f. Clean, navy blue full-length pants/trousers (or clean, navy blue solid skirts), and clean black shoes for
all female drivers.
g. Contractor may propose alternative summer uniforms for supervisor subject to Transit Manager
approval.
h. All shirts/blouses tails must be tucked into the drivers' pants/trousers(or skirts).
Ca � I0
Exhibit A
i. Drivers must have neatly groomed hair and maintain neat appearance.
C
dE
Exhibit A
APPENDIX 3
REVENUE VEHICLE
SERVICING
ATTACHWIE1N T.
Exhibit A
PURPOSE: To maintain an aesthetically appealing appearance of all City buses by establishing a scheduled system
of servicing and cleaning.
DEFINITIONS:
DAILY SERVICING - refers to those activities required to be performed on each bus in service on any given day; to
assure that said bus is reliable and presentable for the following day's operation.
WEEKLY SERVICING - refers to those areas of the bus, which require particular attention during each work week; to
maintain an acceptable level of appearance on all buses.
DETAILING-refers to those activities which shall be performed at 3,000 mile intervals;to achieve a thorough cleaning
of the interior and exterior of each bus on a regularly scheduled basis.
RESPONSIBILITIES: Utility Foreman
The Contractor's staff at the Facility is responsible for servicing and cleaning of all revenue vehicles
in accordance with these procedures and for supervision of the work force.
Coe) �3
Exhibit A
PURPOSE: The procedures outlined in the following sections cover the minimum requirements
for assurance that.each bus is serviced, properly cleaned, and presentable for the next day's revenue
operation. On a case-by-case basis, certain buses may require specific attention outside this schedule
to bring them up to acceptable standards.
Daily Servicing
All buses that have been in revenue service shall have the following items performed on a nightly
basis:
1) FUELING-Assure that each bus fuel tank is full of fuel and that the fuel cap is
secured; that the amount of fuel dispensed and the respective hub odometer readings are
recorded accurately on the fuel logs:
2) FLUID LEVEL CHECK- Inspect the fluid level of each bus for engine oil,
transmission oil, power steering system oil; and engine coolant, either by using the dipstick or
the sight glass. Add the appropriate fluid as required to raise the fluid level to the "FULL"
mark. Record fluids added to each bus in the appropriate columns on the fuel log. Report
any noticeable fluid leaks in the `REMARKS" column.
3) TIRE THUMPING - Using the "TIRE THUMPER" pipe kept at the fuel island,
strike each tire on each bus. The pipe should bounce off the tire upon impact, and a
"HOLLOW" sound should be heard. If either of these conditions is not present, the tire is
severely under-inflated or flat. Note this condition in the "REMARKS" column of the fuel
log.
ATT'"""Uhubit A
PROCEDURES: Daily Servicing
FLOOR CLEANING
1) INTERIOR VACUUMING-Prior to performing this procedure, employees using
the vacuum system shall wear City authorized and DUST MASK, EAR PROTECTION AND
SAFETY GOGGLES.
Where applicable, activate and carry the vacuum hose through the front door of the bus, and
starting in the rear, collect all trash, soil, dust and other debris off the seats and floor. Pay
particular attention vacuuming the driver's compartment and that the dash areas are cleaned.
Any large or heavy articles are to be placed in the plastic garbage bag and discarded into a
trash barrel on the fuel island.
Retract the vacuum hose from the front door. Wipe the dust off the dash and all other flat
surfaces inside the bus after parking the bus in the designated slot.
2) INTERIOR SWEEPING-Using brooms, sweep the complete interior of
each bus starting in the rear and working towards the front. Pay particular attention to debris
in the exit door stepwell and operator's compartment. Sweep trash from both stepwells into
appropriate trashcan.
3) TRASH BAG -Empty the trash receptacle located near the front stepwell of each
bus.
4) ACCIDENT KIT-Check to ensure the accident kit is properly attached in the
driver's compartment. If the accident kit is missing, install a new one..
5) DUSTING-Using a clean damp rag, wipe clean the dashboard,farebox and all
operator controls.
6) VANDALISM/GRAFFITI INSPECTION - Inspect the bus interior to assure that
no set damage or graffiti ekists. Those buses found to have damaged seats or graffiti will be
scheduled for the necessary repairs following the inspection.
7) SEAT SECUREMENT - Inspect individual seat inserts to assure proper
securement to the seat frame.
8) LIGHTS - All lights including the high beams will be checked daily upon the
morning startup.
Exhibit A
9) SAFETY INSPECTION - It is necessary to inspect the bus undercarriage on a
weekly basis.
To assure inspections are being performed, Transit Manager, at his discretion, may inspect
the undercarriage of buses.
10) Inspections shall be done on an odd/even basis, whereas an odd numbered bus runs
over the inspection area on an odd numbered night. At this time, the bus will be inspected for
any irregularities, including all brakes, and recorded on the "A"Inspection Form.
All buses receiving an "A" inspection will also have all exterior lights including the high-
beam headlights checked.
Repairs to any defects noted will be performed as decided upon by the Shift Foreman
11) WHEELCHAIR LIFT-Those buses affixed with a blue and white international
handicap symbol shall have the wheelchair lift exercised through one complete cycle-prior to
yard pull. If the wheelchair lift fails to complete this cycle, the failure must be reported to the
Shift Foreman and logged on the fuel log.
12) RAMPS - Those buses affixed with ramps for wheelchair accessibility, the ramps shall be
exercised one compete cycle prior to yard pull. If ramp fails to complete this cycle, the
failure must be report to the Shift Foreman and logged.
13) The Shop Foreman will inspect the bus and notify Running Repair of the problem.
It will then be the Foreman's responsibility to determine the action necessary to correct the
situation.
14) EXTERIOR WASHING-Each bus shall be driven through the automatic bus
washer on a nightly basis. If washer is inoperable, the buses will be washed manually.
15) PARKING - Park the bus in the appropriate parking stall in accordance with the
established parking plan for each bus. Close doors upon exiting.
C�
Exhibit A
PROCEDURES: Weekly Servicing Items
Each week, the Shop Foreman shall maintain a matrix of all buses assigned to the base. This matrix
shall be used to assure that all buses have had the action items listed below completed at the
frequency described, or that a particular bus was not available for revenue servicing during any given
week.
ACTION FREQUENCY
Mop Floors All buses - Once weekly
Wash Wheels All buses - Once weekly
Clean Operator's Compartment All buses - Once weekly
Clean,replace and relocate
interior Ad cards All buses - As necessary
Remove graffiti Minimum of 50% of fleet weekly
Clean inside windows Minimum of 100% of fleet weekly
1) MOP FLOORS - Floors shall be wet-mopped starting at the rear of the bus working
forward, assuring to also mop wheel-well inner extension areas and stepwell areas.
2) WHEELS - Wheels shall be degreased and rinsed clean. Wheels that require
painting shall be reported to the Foreman.
3) OPERATOR'S COMPARTMENT - Operators' compartments shall be thoroughly
cleaned, including vacuuming of trash from around foot controls; wiping clean dashboard,
operator's barrier and all operator controls. Upon completion, the dashboard shall be treated
with anti-static spray.
CAUTION: DO NOT SPRAY ANTI-STATIC SPRAY
ON STEERING WHEEL OR OPERATOR'S SEAT
CUSHION.
4) INTERIOR ANNOUNCEMENT CARDS - Inspect and replace any defective
and/or defaced interior announcement cards from surplus stock. Assure that permanent
plastic cards are in approved locations. An updated list of the card requirements will be
posed at the fuel island for Utility Worker review.
Exhibit A
New interior cards are to be installed and outdated ones removed in accordance with
instructions from the City. Surplus cards are to be stored in the Utility Foreman's supply area
and are to be used as replacements until that particular card is outdated. All surplus stock of
an outdated card shall be disposed of at the same time as the cards are removed from the
buses.
5) GRAFFITI- One hundred percent(100%) of the assigned fleet shall be inspected
for graffiti weekly. Any graffiti found shall be removed, on a minimum of 50% of the
assigned fleet or more as required,using only City's approved graffiti remover.
CAUTION: EMPLOYEES USING GRAFFITI REMOVER ON
INTERIOR OF BUS MUST USE THE APPROVED
RESPIRATOR.
6) WINDOWS -All 100% of the assigned fleet shall have its interior windows cleaned
weekly. Using the cleaner approved for use on windows, the interiors of all windows shall be
sprayed, squeegeed clean and wiped dry with a rag. Windows include windshields, door
windows and interior mirrors.
7) EMERGENCY EXIT WINDOW AND ROOF HATCH OPERATION-
Windows - Pull down on the red handle for each emergency exit window to see if
window will unlock, push windows out, release handle, let window swing back to the closed
position and see that it is locked in place.
8) The Shop Foreman at each base shall develop an ongoing weekly schedule based on
daily manpower assignments to assure completion of Weekly Inspection Items. This
schedule is to be approved by City.
9) TIRES -The tires will be inspected for inflation and wear; the wheels and lug nuts
for any informalities weekly. A report of such will be provided to the Maintenance
Supervisor.
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Exhibit A
PROCEDURES: Detailing
CAUTION- EMPLOYEES USING GRAFFITI REMOVER ON
ON INTERIOR OF BUSES MUST USE THE APPROVED DUST
MASK.
Detailing
Each bus shall receive a thorough interior and exterior detailing following each 3,000 mile
inspection. The Maintenance Supervisor shall provide the Foreman with a daily update of the
numbers of the buses that have completed their 3,000 mile inspection. The detailing of these buses
is to be completed within five (5) days of completion of the 3,000 mile inspection.
Each thorough detailing shall include the following:
1) Wash exterior of bus, including wheels.
2) Sweep of vacuum interior thoroughly. Remove gum and other substances, which may be
stuck to the floor and sidewalls.
3) Remove any and all graffiti from interior and/or exterior of bus using City approved graffiti
remover.
4) Wash the entire interior of the bus thoroughly, with the exception of the cloth seats, using
industrial cleaner, aerosol all-purpose cleaner, aerosol or mixed concentrated window
cleaners. Rinse all washed areas and,wipe dry. Squeegee and dry all windows. Do not use a
water hose in the interior of the bus.
5) Remove all side and rear double and triple seat cushions, not requiring tools, for cleaning
underneath. Replace seats.
6) Clean interior of dome light lenses as necessary.
7) Apply protective coating to bumpers, dashboard, and rubber fender walls. Do not apply to
steering wheel, seats or floors.
8) Clean all permanent plastic bus cards and install in proper locations. Move all other
ad cards forward on both sides, so there are no gaps between cards. Install the plastic ad card
retainers so the strap retainer covers the adjoining ends of the ad cards. Remove all steel
retainers as they are replaced with the plastic.
- 1��:ai➢r3 iJE `]
Exhibit A
REVENUE VEHICLE SERVICING AND
CLEANING PROCEDURES
City
39000 MILE DETAIL SCHEDULE
WEEK OF
DATE DATE
BUS # COMPLETED BUS # COMPLETED
Completed 3,000 mile detail schedule shall be turned in to the Maintenance Supervisor by the
following Tuesday morning
�A4
ATTACula�i
Exhibit A
APPENDIX 4
MAINTENANCE, CLEANING
AND
SAFETY PROGRAM
Exhibit A
MAINTENANCE, CLEANING AND SAFETY PROGRAM
FIXED ROUTE BUS SERVICE
City will provide the operations and maintenance facility. Contractor's responsible for a maintenance
program, and providing experienced maintenance personnel capable of properly performing all
mechanical maintenance and maintaining a good vehicle appearance.
1. MECHANICAL MAINTENANCE
a. Mechanical maintenance will be performed at regular intervals necessary to keep the
vehicles in a safe and reliable condition. The Contractor is to use high quality
replacement parts and materials when performing any vehicle repairs, as approved by
City.
b. Contractor, at its sole cost and expense, shall provide all , lubricants, repairs,
cleaning, parts, supplies, labor, maintenance, major components, and component
rebuilding and replacement, required for the operation of all equipment pursuant to
this Agreement. Contractor shall be fully responsible for the safe and efficient
maintenance of all vehicles, radios, fareboxes, passenger counters and all other
equipment to be used to perform this Agreement in strict conformity to all CHP
regulations and orders. Contractor's duty and responsibility to maintain all vehicles
and equipment is not delegable to any other person, firm or corporation.
C. All parts, materials, tires, lubricants, fluids, oils and procedures used by Contractor
on all coaches, vehicles and equipment shall meet or exceed original equipment
manufacturer(OEM) specifications and requirements.
d. All wheelchair lift-related equipment shall be inspected, serviced and lubricated at
intervals necessary to insure that the wheelchair lifts are fully operational whenever
the vehicle is used in revenue service.
e. Brake inspections and adjustments shall be performed at intervals that ensure the
safe and efficient operation of the braking system. Contractor shall maintain brake
systems so as to minimize brake noise.
f. All components of the bus bodies, appurtenances, and frames shall be maintained in
a safe, sound and undamaged condition at all times. Repairs (including body, glass
and all bus appurtenances) shall be made within two weeks of occurrence.
g. All mechanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a
safe and working condition at all times.
h. The interior passenger compartment shall be free of exhaust fumes from the engine,
engine compartment, and exhaust system of the bus.
i. Heating and air conditioning (A/C) systems shall be maintained and used to insure
that the passenger compartment temperature is comfortably maintained under all
climatic conditions at all times on all in-service runs. Contractor shall maintain the
A/C systems in an operable condition.
j. Seats shall be maintained in proper operating condition at all times. All tears, gum,
�tlf�
Exhibit A
graffiti and other damage shall be repaired in a professional manner immediately upon
their discovery. Contractor shall replace seat insert covers which are worn or cannot
be professionally repaired, using materials which are identical in design and color as
those materials being replaced. All vehicle body damage must be professionally
repaired within two weeks of occurrence.
k. Contractor shall use Diesel Fuel Grade No. 2, low sulphur diesel fuel, or
other premium grade diesel fuel. Contractor shall maintain buses so as to minimize
visible smoke emissions.
2. VEHICLE REPORTS AND RECORDS
The driver is required to perform a daily "walk-around" inspection before taking the vehicle
out of the yard including checking out the wheelchair lift operations. Any vehicle defect is to
be reported to Contractor's maintenance department. If the driver is uncertain about the safe
operability of the vehicle, the vehicle will be inspected by Contractor to determine if it is safe
to operate;
The Contractor will maintain a current vehicle record containing the following information:
a. Coach-Records
i. Make
ii. Model and Year
iii. Vehicle Identification Number/Serial Number
iv. License Number
V. Date Received
vi. Unit Repairs
vii: Preventative Maintenance "Inspection" Reports
viii. Daily"Bus Condition" Reports
ix. Work Orders
X. Fuel Consumption (i.e., gallonshniles) for each vehicle
b. Vehicle Maintenance Inspection Reports. The vehicle record will be a
permanent part of the file. The Vehicle Maintenance Inspection Report will be kept
for one year. All of these forms will be kept in a file for each vehicle. The
"Preventative Maintenance Inspection" Reports will be kept for two years. Daily
"Bus Condition" Reports will be kept for a 30-day period.
3. SAFETY
City will request that the Motor Carrier Unit of the California Highway Patrol annually
prepare and submit to City a Safety Compliance Report (CHP 343) and Vehicle Inspection
Reports (CHP 343A) for all vehicles specified in this agreement. Contractor must attain
satisfactory rating in each category of the Safety Compliance Report (maintenance records,
driver records, regulated equipment and terminal). Contractor must expeditiously correct any
deficiencies noted on any vehicle inspection report.
C,
Exhibit A
City may, at unannounced times, perform maintenance inspections by City staff or private
inspection services for purposes of determining vehicle safety and condition.
ATTACF-j jEjgT dj
EXHIBIT B
PROPOSAL FROM FIRST TRANSIT
car '
_ A 'ACHMENT
SUMMARY _
Transportation
Section First Transit Concepts Blank Blank Blank Blank
General 160 140
Financial 50 44
Le al51 47
Operations 62 60
Maintenence 112 106
GRAND TOTAL 435 397