HomeMy WebLinkAbout06-12-2013 ph2 2013 transit fund reviewcounctL
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Meeting Date
Jlune 12,2013
t"t *u'o"tPH2
FROM:
Prepared By:
CITY OF SAN LUTS OBISPO
Daryl R. Grigsby, Director of Public'Works
Timothy Scott Bochum, Deputy Director of Public Works
John Webster, Sr., Transit Manager
SUBJECT.. 2OI3 TRANSIT ENTERPRISE FUND REVIEW
RECOMMENDATIONS
1. Review and accept the 2013 Transit Enterprise Fund Review;
2. Conceptually approve the 2013-14 Transit Enterprise Fund budget, with final action on June
l7 ,2013 with the adoption of the 2013-15 Financial Plan;
3. Authorize the City Manager or her designee to negotiate and approve (consistent with the
existing agreement) three one-year contract extensions with First Transit, Inc. to perform
operations and maintenance for 2013-14,2014-15, and 2015-16 FY'
REPORT IN BRIEF
This report presents the annual Transit Enterprise Fund review and key issues that may have an
effect on the overall health of the fund. Overall, the Transit Fund is forecast to end 20I2-I3 with a
modest year-end working capital amount to assist with operations and minor capital expenditure
project needs. The Transit Fund is able to maintain the minimum 20o/o resewe level in working
ðupitut in accordance with the City Financial Management policies in addition to supporting capital
improvement program projects and significant program operating changes contained in this report
and fund analysis as attached. Finally, the City of San Luis Obispo's Transit Fund continues to
provide a viable mobility option for residents and visitors. A wide range of users continue to receive
iervices, including commuters, transit-dependent riders, students, disabled, and elderly.
This report will briefly touch on some of the accomplishments of the past year, provide information on
all Transit F¡nd revenues and funding concerns and address overall transportation operations. kt
addition, this report seeks Council approval of three one-year contract extensions with First Transit,
Inc. to perform SLO Transit operations and maintenance.
DISCUSSION
Transit Accomplishments in 2012-13
Although the Tiansit Fund Review primarily reports on financial and budgetary information, it is
importãnt to reflect on the accomplishments that have occurred during the past fiscal year. Council
approval of the Transit Fund budget allows SLO Transit to provide continued services and support.
Ttre following is a list of highlights that SLO Transit has been able to accomplish in the 20II-I2
fiscal year.
PH2-1
Ridership
It is projected that SLO Transit total ridership will exceed one million riders with
projected ridership of 1,088,000 patrons in2012-13.
1. Mobility Training - New Freedoms Grant
Staff received an initial grant from the Federal Transit Administration (Section 5317)
in the amount of $20,000 to increase marketing and training services to the elderly.
The City moved forward with the outreach program and in April 2009 awarded a
contract to Ridership Development Consultants (RDC) for expanded marketing and
outreach to the City's stakeholders. Staff has continued to submit successor grant
applications in order to continue the existing mobility program and Council approved
a successor agreement with RDC on June 7,201I. During 2012-13, RDC held eight
informational, outreach and training sessions for senior and disabled rider education
(through April 2013.) RDC direct outreach has included over 200 telephone, email
or in person contacts and provided printed ridership tools to over 150 participants
this year. Program marketing and informational materials are available at over a
dozen locations throughout the City. As a result, SLO Transit has experienced an
increase in ridership (through April 2013) of approximately 70o/o (52,018 vs 88,430)
in this segment as compared to the same period in 2009-10 before the start of this
grant funded program.
2. Ad Hoc Marketing Committee
The Mass Transportation Committee (MTC) Marketing Ad Hoc committee for SLO
Transit met with Cal Poly faculty and students to seek Trolley marketing assistance
from the University. In March, the MTC members reviewed four Cal Poly class
marketing plan presentations and recommended that some presented materials be
incorporated into the Trolley Marketing efforts in20l3-I4.
3. New Transit buses
Two new 40' transit vehicles were placed into service in March 2013. These new
vehicles incorporate into their design the latest state of the art safety features and one
vehicle is equipped with a luggage rack for use mainly on routes that service the
Maxine Lewis Memorial Shelter on Orcutt Street and the Prado Day center at Prado
Raod. This feature will help reduce items such as carts and large bags currently
stored in the main aisle and improve safety regarding accidents due to trips/falls for
passengers who are boarding and departing.
4. Capital projects
Bus stop improvement projects included modifications to the Prado Road bus stop
that expanded the area behind the bus shelter to reduce or eliminate passengers
standing in the road during peak periods. A 12- month security camerapilot project
was installed at the Downtown Transit Center (DTC) in Muy, and City
Transportation and IT staff will be responsible for system monitoring and evaluationof camera performance during the pilot period. Staff will make a final
recommendation at the end of the pilot project whether to continue the installation
and also utllize the information to evaluate a comprehensive city-wide program for
use at additional bus stops. Other projects included a new access gate leading to the
transit facllity, improved transit facrlity lighting and a portable generator.
PH2-2
Transit Revenues
State Budget Impacts
Overall, the Governor's proposed State budget does not make any signif,rcant changes to funding for
transporlation or public transit. However, any further reduction of funding to the City, Cal Poly or
the SLO Regional Transit Authority could have a significant impact on service levels for 20I3-I4
and beyond.
San Luis Obispo Regional Transit Authority (RTA)
SLO Transit shares State and Federal funding for transit services with RTA. This Joint Powers
Association (JPA) Agreement allocates annual "off the top" funding to RTA from State
Transportation Development Act (TDA) funding. The recently adopted 2013-14 RTA budget
approved an increase to RTA by approximately 5676,192, thereby decreasing available resources
for SLO in 20I3-I4. Representatives from RTA, San Luis Obispo Council of Govemments
(SLOCOG) and SLO Transit continue to work on options for funding that would maximize transit
service provisions for each agency.
State Transportation Development Act
The State Transportation Development Act (TDA) is comprised of two sources of funding for
transportation programs. The first, Local Transportation Fund (LTF), is derived from lc cent
collected in retail sales taxes. The second, State Transpofiation Assistance (STA), is derived from
the statewide sales tax on diesel fuel. Both of these funds are distributed to the regions by the State.
The regional agency, SLOCOG, then allocates this amount to each of the seven cities, the County,
SLOCOG, and the Consolidated Transportation Services Agency for the San Luis Obispo region.
LTF funds are apportioned according to population for public transit, street/road improvements and
bikeway/pedestrian facilities. STA funds are formula-based and used for public transit purposes.
The State budget has yet to be approved and therefore the State Controller projected STA funding
allocation remains preliminary at this time. Preliminary data represents a decrease of STA funding
of approximately $96,090 (-35%) over 2012-13 FY.
The County Auditor LTF projections are higher than originally estimated with a one-time
significant increase of approximately $625,384 (+28%) in 2013-14 over the previous year. This
increase is largely attributed to a one-time caffyover of funding, which is not anticipated in future
years. With a proposed fund reserve, the County Auditor has increased the LTF allocations for
jurisdictions. This allocation is a one-time increase in LTF funding and as such will not become the
new base for subsequent years. Overall, the total State transit funding is anticipated to increase by
22o/o in20l3-I4 over the previous year. Staff will evaluate additional service priorities and capital
projects as part ofthe next Program ofProjects.
Federal Fundins
On May 13,2013 the Federal Transit Administration (FTA) published a Federal Register Notice
describing the FY 2013 apportionment of FTA funds based on the Consolidated and Further
Continuing Appropriations Act, 2013 (FY 2013 Appropriations) which provides funds for the full
20I2-I3 fiscal year, and as applicable, reflects sequestration triggered by the Balanced Budget and
Emergency Deficit Control Act of 2011. The fnal2012-13 apportionments are slightly higher than
the current revenue estimates. Any remaining funding at the end of the fiscal year will be
PH2.3
designated as carryover and made available to be programmed during the next Program of Projects
cycle in September 2013
Program of Projects
The Transit Fund analysis anticipates a slight increase in the level of FTA 5307 funding
apportionment for the upcoming20l3-I4 f,rscal year as a result of the fnal2012-13 apportionments
posted on May 13,2013. This projection provides adequate support for operating assistance and
preventive maintenance functions for SLO Transit only. New capital projects have been projected
as part of the Program of Projects (POP) in the 2013-14 f,rscal year. Also, additional projects may be
brought forward as part of a revised POP if Federal funding allocations come in higher than
projected. Any reduction in Federal operating assistance will need to be offset with potential service
reductions or other cost savings measures.
Subsidies
Cal Poly Subsidy Agreement
The City successfully negotiated a five-year Subsidy Agreement with Cal Poly which began on July
1,2011. The SLO Transit budget projection for the 3'd year of the agreement in2013-14 includes a
1.96% increase in Cal Poly subsidy and 3o/o in each of the remaining two years. If the State budget
significantly affects Cal Poly's ability to fund the Subsidy Agreement, the City and the University
have agreed to meet and discuss potential program modif,rcations or service level reductions. Cal
Poly has not indicated that this will be necessary for the coming year.
Trolley Operations
While the funding form the Community Promotions program was eliminated in FY 2012-13 there
are sufficient Transit operating funds to continue trolley service through the end of October 2013.
Ridership on Fridays and Saturdays continue to decrease when compared to the same July-April
period last year. When trolley services conclude in October, staff will evaluate the trolley ridership
data to determine if further service adjustments are rwarranted and whether to resume Friday and
Saturday trolley services again in AprlI 2014. This will also allow time for the new Cal Poly
materials to be incorporated into the Trolley Marketing efforts in 20I3-I4 and to evaluate the
impact. Thursday trolley service remains productive but ridership was down during the same July-
April period last year.
Purchased Transportation
First Transit Contract
On June 6, 2006 the City Council approved a three-year contract with First Transit, Inc. to provide
Purchased Transportation for operations and maintenance services for SLO Transit for the period
July 1, 2006 through June 30,2009. This agreement included a possibility of seven one-year
extensions and authorized the City Manager to execute the agreement. In February 2012, Council
approved a contract extension (4th option year) through June 30,2013. The City was not required to
modify service levels althaf time as there were no significant increases in the City's contribution to
RTA.
Staff is recommending that Council approve the final three extension years available in the current
agreement effective July 1, 2013 through June 30, 2016. The First Transit proposal is a 2.83Yo
increase in FY 2013-14 over the current year contract costs for transit services, and comes with the
recognition by First Transit that it is aware of the current financial difficulty facing the City. A
PHz.4
comparison of the rates for the three extension terms is provided in Table I below. The actual three
year cost total increase is 8.27Yo. As a comparison, when the City circulated the last Invitation for
Bids (IFB) in 2005, the two other proposals received provided an overall cost increase of
approximately 30o/o.
Table 1 - Purchased Annual Contract Costs
Overall, the City is very satisfied with the level of seruice and professionalism that First Transit has
provided the City for the last twelve years. First Transit has been a fair and responsive contractor as
well as a safe operator of the City's bus fleet. The First Transit contract contains many innovative
ideas that previously led them to be the consensus candidate contractor for SLO transit services.
Highlights of these elements are:
1. Passenger Attitude and Service. The overwhelming philosophy in the current First Transit
contract was that passengers come first. As First Transit professed in consideration for the
City's current contract, First Transit puts quality hrst.
2. Driver Attitude and Service. First Transit recognizes the value of its experienced drivers.
First Transit has innovative employee incentive programs thaL are designed to increase
morale of the employees. First Transit will continue to proactively hire and train new
drivers and also retain quality drivers that will perform the City's transit service.
3. Maintenance Tracking Sofnuare and Hardware. First Transit is an industry leader in the use
of innovative techniques and information services to keep costs low. First Transit will
continue to provide a maintenance software package that will monitor the preventative
maintenance and overall health of each SLO Transit vehicle. This software tracks vehicle
performance and helps optimize parts distribution and cost recovery. This information has
helped the City to better schedule major vehicle rehabilitation and replacement.
It is for these reasons stated above in conjunction with the modest proposed contract cost increases
that staff recommends Council approve the extension agÍeements. There is a high likelihood that if
staff is required to rebid for the transit operating services that the costs will come in higher. Staff
will return to Council in 2015-16 to seek approval to issue a formal Request for Proposal (RFP) for
transit operations and maintenance.
20tt-r2 $886,266 $2.58s $ 1,000,031 sL,886,297 3.0%
20t2-t3 $932,508 s2.672 $1,003,377 $1,965,890 4.2%
20t3-t4 $956,982 s2.70s $ 1,064,556 s2,021,549 2.8%
20r4-ts $966,205 $2.80s $ 1,1 04,1 68 s2,070,373 2.4%
20rs-t6 s982,020 $2.913 sr,r46,454 s2,r28,475 2.8%
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PH2-5
Transportation Operations
Continued Volatili\) in Fuel Costs
Fuel costs are once again very volatile as experienced in 2008 and 2010 when fuel prices increased
significantly to almost $5 per gallon. Although fuel prices were showing stabilization in April, staff
projects fuel costs will continue to rise over the next year. Projected fuel costs in 2013-14 are $4.08
per gallon and $4.21 per gallon i¡2014-15, with an average of 114,000 gallons of diesel fuel
purchased in a fiscal year. Staff projects this budget to be adequate, however outside market
influences make this assumption difficult to control. Should fuel prices increase significantly above
staff projections for fuel prices per gallon, staff will return to Council with identified service-level
reductions or possible use of Transit Fund working capital reserves.
General Government
The newly revised Cost Allocation Plan resulted in a cost reduction of approximately 24o/o for FY
2013-14 over the current year. This cost reduction is attributed to the change in methodology for
how the City calculates direct and indirect charges for Enterprise Funds that receive General Fund
program support. The Cost Allocation Plan, which also affects the performance of farebox ratio, is
considered a Central Service plan by the Federal Transit Administration and does not require its
review or certification.
Short Ranse Transit Plan
The City Council adopted the Short Range Transit Plan (SRTP) update in 2009. As a result of
funding constraints, all available revenues are allocated to support SLO Transit operating services.
No new initiatives or increase in selices, as recommended in the SRTP, have been included in the
Transit Enterprise Fund analysis. These recommendations will be addressed and brought forward to
Council as funding sources are identified. RTA has submitted an application for FTA funding in
order to conduct a first time ever'Joint" SRTP that will include SLO Transit operations and make
recommendations for potential servic e eff,rciencies.
Farebox Ratio
With the service fare increase approved in 2009, SLO Transit's farebox ratio was projected to
stabilize in 2010-11 and beyond. Staff also projected the renegotiated Cal Poly Subsidy Agreement
would be a key component in meeting the State required 20Yo farebox ratio for the SLO Transit
system. In the 2012-13 fiscal year farebox ratios are projected to meet the 20o/o requirement and
expected to remain stable if revenue estimates are met. Should farebox ratios begin to consistently
fall below the 20% required level, the City could be subject to a State funding penalty and reduced
transit funding revenues. If the farebox ratio projections consistently remain below 20o/o, a fare
increase may be necessary so as not to endanger future funding levels.
Staffing Related As sumptions
Increased City PERS contributions that will be initiated on July I,2013 are integrated into the fund
review. Additional staff savingsof 2Yo are estimatedin2014-15 and 2.5o/oin2015-16 andbeyond.
A2.25% non-staffing savings is calculated every other year, in20l4-15 and20l6-17. An estimated
1% PERS employer paid contribution is noted n 2014-15 and an additional lYo in 2015-16 and
beyond.
PH2-6
FISCAL IMPACT
As shown in the 2013 Transit Enterprise Fund Analysis (Attachment 1), staff is projecting the 2013-
14 fiscal year to end with a modest year-end working capital. Funding continues to be lean and
highly dependent upon Federal and State grants and final budget appropriations. While staff does
not project any service-level reductions for SLO Transit at this time, the projected revenue forecasts
give very little capacity for funding variations. Due to one-time-only funding increases, as well as
other cost savings and a minimal capital improvement program, the fund is projected to finish 2012-
13 fiscal year with a small amount of positive cash flow. These projections are dependent upon
revenues provided by the State and Federal budgets, which have yet to be approved.
Changes in Financial Position is included as part of the 2013 Transit Fund Review and show that
overall revenues are projected to meet or exceed expenditures in 2012-13, leaving a positive year-
end balance of $1,515,100. Should the final Federal apportionment be significantly reduced from
projected levels, use of transit reserve fund may be needed to-support this deficit for the immediate
shortfall.
The revised 20L2-I3 budget and projected funding for the 2013-14 Fiscal Year includes
assumptions of revenues in key funding sources that have seen significant reductions by State
budget take-aways over the past three years. With the one-time State funding increases for FY 2014,
the fund is projected to end the 2013-14 fiscal year with a year-end working capital of $2,061,500.
A conservative budget is proposed, which minimizes capital projects, defers bus replacements and
maintains year-end reserves to address minor shortfalls in revenues.
Maintaining year-end working capital reserve funding is prudent for the following three reasons:
. Minimizing service-level impacts as a result of State and Federal budget reductions. Minimizing service-level impacts as a result of purchased transportation operations and
maintenance contract costs
o Weathering volatile fuel prices
ALTERNATIVE
Modify the Fund Anølysis. The City Council could choose to accept all or part of the 2013 Transit
Fund Review analysis as presented and direct staff to seek additional funding sources, defer capital
projects or provide transit operating cost reductions. Staff does not recommend this option as the
proposed f,rscal forecast provides the best "snapshot" of funding at this time based upon the current
and the latest information provided by the State and Federal government. Staff will continue to
update the fiscal forecast and information on funding sources as received, with an intention to defer
capital projects ifgrant funds are not realized.
ATTACHMENTS
1. 2013 Transit Enterprise Fund Anal)¡sis
2. Contract Amendment First Transit
3. Attachment 3-Exhibit A-First Transit Scope.Pdf
2012v3 docx
PH2-7
2-
ATTACHMENT 1
Transit Enterprise Fund
2013-15 F¡nancial Plan
Transit Enterprise Fund
2013 Fund Analysis
June 12,2013
PH2-8
2013 Transit Fund
TABLE OF CONTENTS
I. Contents
OVERVTEV/ ..............
2OI3-T5 FINANCIAL PLAN
1. Summary of Operating Programs
2. Capital lmprovement Program
3. Revenues, Subventions and Grants ................
ASSUMPTIONS.........
1. General Government Assumptions..............
2. RevenueAssumptions................
3. Transportation Operating Expenses.................
4. Capital Improvement Program (CIP) Expenses .........
5. Ridership Assumptions................
LOOKING TO THE FUTURE..
1. State, Federal and Regional Budget Impacts..............
2. TDA PerfoÍnance Audit
3. Other Unknowns.
EXHIBIT A - Changes in Financial Position
I.
il.
m.
ry
V.
10
11
PH2.9
ctty ot
sân Lurs onrspo
2013 Transit Fund Report
I. OVERVIEW
This report presents the financial position of the Transit Enterprise Fund, based on the 20ll-13
Financial Plan operating program budget, projected 2012-13 year-end funding, and recommends
operating program and capital project requests to address the identif,red needs in the Transit
Seryices program in the 2013-15 Financial Plan.
While the State budget proposal does not make any signihcant changes to project funding for
transporlation, the ever-turbulent Federal budget situation continues to delay the final Federal
Transit Administration (FTA) apportionment for transit-related program funding. As a result, the
Transit Enterprise Fund program moves cautiously into the 2013-14 fiscal year but is optimistic
that the estimated level of Federal funding will be approved.
Staff is projecting a year free of seruice reductions but one that is contingent on outside
influences ultimately determining if service changes or fare increases may be necessary. Staff
will be monitoring the budget situation closely, and return later in the year with any changes or
reductions that require Council consideration. Capital expenditures will be limited to projects
that can be funded from grant revenues, keeping the local match required to a minimum, and
preserving as much for operating expenses as possible. If needed, the capital purchases can be
deferred, in the shoft-term, freeing up funds intended to be used as a local match.
Staff currently forecasts the 2012-13 budget as balanced, with revenues meeting or exceeding
expenditures. However, volatile fuel costs, additional costs associated with contract rebidding,
increase subsidy to the San Luis Obispo Regional Transit Authority (RTA) and unresolved issues
at the State and Federal levels would affect transit funding levels. Staff continues to monitor the
budget situation closely, and will retum later in the year with any changes or reductions that need
to be considered.
il. 2013-15 FINANCIAL PLAN
1. Summary of Operating Programs
Below is the summary of the 2013-15 Financial Plan operating budget projections for the Transit
Services Enterprise Fund.
PH2 - 10
2012-13 2013-14 2014-15 2015-16 20t6-r7 2017-18
Rel'ised Budset Budset Prolected Proiected Proiected
Sraffìng
Contract Services
Other Operating Expenses
SOPC - Contract Serivces
SOPC - Education / Training
Estimated Savings (Staffing & Non)
227,500
2,683,100
8 1,100
20,000
228,100
2,834,000
81,300
20,000
240,900
2,515,300
70,300
229,500
2,545,300
82,300
80,000
4,300
226900
2,609,600
82,200
20,000
228,400
2,903,000
81,400
20,000
(s,700)
2,800
(8,900)
2,800
(5,700)
2,800PERS Contribution
Minor- Capital
Operating Budgct 2,826,500 2,941,400 2,930,900 3,009,400 3,157,300 3,229,900
The Fund Analysis includes two significant operating program changes (SOPC). One SOPC
recommendation is to increase conhact services funding for the SLO Transit Short Range Transit
Plan. The second SOPC is a recommended increase in education and training to attend relevant
transit operations training for staff.
The operating budget as reflected above shows a l'eduction in staffing expenditures as a result of
employee concessions and increase in contract costs for purchased tlanspoftation seryices, fuel
and one-time contract services suppoft in20I2-I3 duling an interim leave of the Deputy Directol
of Public Works. A signif,rcant change to SLO Transit's operating expenditures is accounted for
in General Government by the change in methodology for calculating direct and indirect charges
as part of the City's Cost Allocation Plan.
The City successfully negotiated a f,rve-year Subsidy Agreement with Cal Poly which began on
July 1, 2011. The SLO Transit budget projections for the 2012-13 fiscal year include a 4o/o
increase in the Cal Poly subsidy. If the State budget significantly affects Cal Poly's ability to
fund the Subsidy Agreement, the City and the University will undertake discussions on potential
program modifications or service-level reductions.
2. Capital Improvement Program
Below is the summary of the 2013-15 Financial Plan capital project budget projections for the
Transit Enterprise Fund.
The table below shows the 2013-15 Capital Improvement Program and assumptions for capital
projects in the Transit Fund. The City has been successful in acquiring some outside grant
funding to assist in various transit facility improvement caprtal projects, including vehicle
replacements, in 2010-11 fiscal year as shown in table below. There are three bus replacement
capital projects scheduled in the 20I3-I4, 2014-15 and 2015-16. There is one fleet addition
Transit Sedan with Wheelchair lift anticipatedin2013-14. Other State and Federal Revenue will
suppod various Finance and Information Technology capital projects for technology upgrades.
As with past practice, the City will continue to rely on grants for capital projects and will to
augment the proposed Transit capital program of projects to be reflective of actual grant funding
received.
PH2 - 11
Auto Bus Passenger Counters
Bus Stop Shelter Replacements
Transit Facility Expansion
SLO Transit Bus Replacements (#0201, 0203,0202)
SLO Transit Sedan w/ Wheelchair Lift
Bus Stop Equipment Signage & Cameras
Firewall Replacement
Document Management
Network Security Upgrades
Enterprise Storage Growth
Network Switching Up grades
Microsoft Office Replacement
,3()o 31,3 00
&,
954,700 $$ 874,000 $ 31,300 $ 45,700
3. Revenues, Subventions and Grants
State transit funding is predicted to increase for this fiscal year 2012-13 as a result of the better
than expected sales/gas taxlexcise tax revenues and one-time carryover funding, which resulted
in an increase in State revenues of approximately 1Io/o over current year. However, this increase
in funding is somewhat offset by an increase in the City's subsidy to the San Luis Obispo
Regional Transit Authority (RTA). Federal revenues are expected to be about the same as
previous year's allocation, however; if the f,rnal Federal apportionment is significantly reduced
from projected, the Transit Enterprise Fund year-end reserves will be needed to support the
deficit for the immediate shortfall. Staff has included projections of expenditures in the operating
budget that are realistic, but if exceeded, will cause funding hardship.
While staff does not project any service-level reductions for SLO Transit at this time, the
projected revenue forecasts give very little capacity for funding variations. Due to one-time-only
funding increases, as well as other cost savings and a minimal capital improvement program,
staff is projecting to finish 2012-13 fiscal year with a small amount of positive cash flow. These
projections are dependent upon revenues provided by the State and Federal budgets, which have
yet to be approved.
Investrpnt and P¡operty Revenues
Subventions and C¡rants
TDA Grants (LTF, STA)
Other Grants (ARRA, Prop 18,
FTA Grants
Service Charges
0ther Revenues
Total Revenues
5,800 5,800 5,800
4,075,800 3,533,800 3,623,000
$$
$
$
$
$
$
$
$
$
$
$
3
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
347,000
495,',l00
31,300
1261,000
30,300'
2,019A00'
695,300
4ooo'
l2eeAN
30,300'
1/i74,300'
724,000
1,338,500
30,300'
1,503f00'
745,000
PH2 - 12
ilI. ASSUMPTIONS
The following assumptions have been used to forecast the Transit Enterprise Fund analysis. The
discussion below provides detail for the key assumptions used to generate the changes in
f,rnancial position as provided as Exhibit A. It is important to note the proposed budget is a
"snapshot" of cunent funding and expenditure projections as of May 2012. The following
discussion focuses on major issues that could have an affect the Transit Enterprise Fund next
fiscal year. These assumptions have been incorporated into the 2013-15 budget projections.
1. General Government Assumptions
Minimum working capital (reserve) should equal at least 20o/o of the total Operating Program
expenditures according to the City's fiscal policy. Based upon this policy, the minimum reserve
level should be approximately $600,000 to $700,000. The year-end working capital exceeds the
minimum reserve policy levels.
General Assumptions include:
a. One-time payment of California Joint Powers Insurance Association (CJPIA) of
$17,600 in20I3-I4 þlaced in Other Sources)
b. 1% PERS Employer Paid Contlibution in 20I4-I5 and an additional i% PERS
Contribution in 2015-16 and beyond. (expense incorporated into Transportation
Operating Expenditures)
c. Non-staffing savings of 2.25Yo in 2014-15 and 2016-17. (expense incorporated
into Transporlation Operating Expenditures)
d. Staffing savings of 2o/o in20l4-15 and2.5 Yo tn20l5-16 and beyond.
The Transit Enterprise Fund will commit all available transit funding to SLO Transit and will
canyover any unused funding for use in subsequent years and to maintain an adequate year-end
fund balance (reserve) to help weather budget uncertainties.
2. Revenue Assumptions
Fare Revenue
Fare increases adopted by the City Council in April 2009 continue to help bring in revenue to
meet expenses and the farebox recovery ratio of 20o/o required by the State. SLO Transit has
proposed a conseryative budget based upon revenue projections. There is little ability for
adjustment should the State and Federal allocations come in significantly lower than projected.
Staff will return to Council for proposed service-level reductions or rate increases the decrease in
revenues is significant. A 3% annual growth in bus ridership revenues for 20I3-I4 fiscal year
based upon past experience with an increase in ridership due to rising fuel costs. This Fund
Analysis assumes no fare increases in revenue projections.
State Mandated Farebox Ratio
With the fare increase approved in2009, SLO Transit's farebox ratio was projected to stabilize
in 2010-11 and beyond. Staff projected the renegotiated Cal Poly Subsidy Agreement would be a
key component in meeting the required 20% farebox ratio for the SLO Transit system. The
2012-13 farebox ratio is projected at I9.7Yo. This decrease in farebox ratios was a direct result
of a change in the City's methodology for calculating direct and indirect charges for Enterprise
Funds that receive General Fund program support. The revised Cost Allocation Plan has
decreased the amount appropriated for General Fund support services in20l3 and beyond. Staff
PH2 - 13
projects the that stability in revenues will support the ability to meet or exceed farebox ratio
requirements in the future.
Cal Polv Subsidv
The City successfully negotiated a five-year Subsidy Agreement with Cal Poly which went into
effect on July 1, 201i. The Fund Analysis assumes Cal Poly subsidy per set contract rate through
20t5-16 and assumes a 5%6 subsidy increase in2016-17 and3o/o in 2017-18. If the State budget
significantly affects Cal Poly's ability to fund the Subsidy Agreement, the City and the
University will undertake discussions on potential program modifications or service-level
reductions. That is not assumed to be necessary as part of the Fund Analysis.
Trollqt Operations
While the one year funding by the Tourism Business Improvement District (TBID) was
eliminated in FY 20I2-I3 there are sufficient Transit operating funds to continue this service
through the end of October 2013. Ridership on Fridays and Saturdays continue to decrease when
compared to the same July-April period last year. When trolley services conclude in October,
staff will evaluate the trolley ridership data to determine if further service adjustments are
warranted and whether to resume Friday and Saturday trolley services again in Aprll2014. This
will also allow time for the new Cal Poly materials to be incorporated into the Trolley Marketing
efforts in 2013-14 and to evaluate the impact. Thursday trolley service remains productive but
down during the same July-April period last year.
Tr ans p ort at i on D ev elopment A c t
The Transportation Development Act (TDA) is comprised of two sources of funding for
transportation programs, Local Transpoftation Funds (LTF) and State Transportation Assistance
(STA) funding. LTF is derived fromY¿ cent collected in retail sales taxes. STA is derived from
the statewide sales tax on diesel fuel. Both of these funds are distributed to the regions by the
State.
The State budget has yet to be approved and therefore the State Controller projected STA
funding allocation remains preliminary at this time. Preliminary data represents a decrease of
STA funding of approximately $96,090 (-35.10%) over 2012-13 FY. This projection assumes an
allocation increase for the San Luis Obispo Regional Transit Authority (RTA) of 73o/o in 2013-
14 and l6Yo in 2014-15. Representatives from RTA, San Luis Obispo Council of Governments
(SLOCOG) and SLO Transit continue to work on options for funding that would maximize
transit service provisions for each agency.
The County Auditor LTF projections are higher than originally estimated with a one-time
significant increase of approximately $625,384 (+25%) in 2013-14 over the previous year. This
increase is largely attributed to a one-time carryover of funding, which is not anticipated in
future years. Conservative funding levels assumed in FY 2016 and beyond, back to lower
historical levels.
F ederal Trans it Adminis tration
Federal Transit Assistance (FTA) funding is formula-based upon population and service level
categories. As of this writing, the Federal Government has yet to adopt the final fifty percent of
transit Section 5307 appropriations for the 2012-13 fiscal year. Indications are that the final
transit apportionments will remain at current levels.
PH2 - 14
The Fund Analysis projects FTA funding of $1,918,700 in 2013-14 aîd$1,764,000 in 2014-15.
This Federal funding will be used for operating assistance of SLO Transit services and various
capitalprojects such as bus shelter replacements, transit facility expansion and bus replacements.
3. TransportationOperatingExpenses
Contract Services
The Fund Analysis assumes a modest 3o/o increase in Purchased Transportation costs in 2013-16
and 20I7-I8 and a 7o/o in 2016-17 the first year of a nerw contract. The current contract for
Purchased Transportation is set to expire June 30,2013. Staff is recommending the contract be
extended through to 2016-17 .
Fuel
Fuel costs continue to be volatile and are diff,rcult to predict. Staff has projected fuel costs in
2013-14 at $4.08 per gallon and $4.21 per gallon in 2014-15 with an average of 1 i4,000 gallons
of diesel fuel purchased in a fiscal year. Staff projects this budget to be adequate, however
outside market influences make this assumption difhcult to control. Should fuel prices increase
significantly above staff projections for fuel prices per gallon, staff will return to Council with
identified service-level reductions or possible use of Transit Fund working capital reserves.
General Government
The newly revised Cost Allocation Plan resulted in a reduction of approximately 24% for FY
2013-14 over the current year. This reduction is attributed to the change in methodology for how
the City calculates direct and indirect charges for Enterprise Funds that receive General Fund
program support. The Cost Allocation Plan, which also affects the performance of farebox ratio,
is considered a Central Service plan by the FTA and does not require FTA review or
certification.
Short Range Transit Plan
The City Council adopted the Short Range Transit Plan (SRTP) update in2009. As a result of
funding constraints, all available revenues are allocated to support SLO Transit operating
services. No new initiatives or increase in services, as recoÍrmended in the SRTP, have been
included in the Transit Enterprise Fund analysis. These recommendations will be addressed and
brought forward to Council as funding sources are identified. RTA has submitted an application
for FTA funding in order to conduct a first time ever'Joint" SRTP that will include SLO Transit
operations and make recommendations for potential service efficiencies.
Mobilin Trainins - New Freedoms Grant
This program is fully funded by Federal Transportation Assistance (5317) grant funding. Staff
has continued to submit successor grant applications in order to continue the existing mobility
program. II20I2-I3, RDC has held at least 8 informational, outreach and training sessions for
senior and disabled rider education in FY 2012-13. RDC direct outreach has included over 200
telephone, email or in person contacts and provided printed ridership tools to over 150
participants this year. Program marketing and informational materials are avallable at over a
dozen locations throughout the City. As a result, SLO Transit has experienced an increase in
ridership (through April 2013) of approximately 70%o in this population segment as compared to
the same period in 2009-10 before the start of this grant funded program.
PH2 - 15
4. Capital Improvement Program (CIP) Expenses
The Transit Fund analysis anticipates a conservative level of Federal funding apportionment for
in the 2013-14 fiscal year. This modest revenue projection will provide support for operating
assistance, preventive maintenance functions for SLO Transit and some capital improvement
projects. New capital projects have been projected as part of the Program of Projects (POP) in
the 20I3-I4 fiscal year and additional projects may be brought fotward as paft of a revised POP
if Federal frrnding allocations come in higher than projected. Reductions in Federal funding
would require deferring of capital projects, or potential service reductions or other cost savings
measures.
5. Ridership Assumptions
It is projected that SLO Transit total ridership will once again, for the seventh consecutive year,
exceed the one million riders target with a projected 1,088,000 ridership in20I2-I3.
Evening Service
th. eu.ning S*ice program is estimated at approxim ately 28,368 miles at an arrrrtal net cost to
the Transit Services program (minus fare revenues) of $147,360 annually. The Evening Service
program does not deliver significant additional revenue to assist with farebox recovery ratios.
The Transit Enterprise Fund analysis does not include any assumptions in reductions for Evening
Service program levels at this time. Overall, SLO Transit fare rates and revenues are adequate to
support current operations for the 2013-14 f,tscal year. Should revenue sources decline
signif,rcantly from projected, staff will return to Council with recommendations for service-level
reductions or fare modifications as necessary.
Trollev Operations
The one-year funding by the Tourism Business Improvement District (TBID) was eliminated in
FY 2012-13. Ridership on Fridays and Saturdays continue to decrease when compared to the
same July-April period last year. When trolley services conclude in October, staff will evaluate
the trolley ridership datato determine if further service adjustments are warranted and whether to
resume Friday and Saturday trolley services again in Apr1I2014.
IV. LOOKING TO THE FUTURE
1. State, Federal and Regional Budget Impacts
Overall, the projected revenues from the State, Federal and Regional governments are sufficient
to support transit service operations. Grant funding amounts are estimated based upon the latest
information provided by the government. Actual Federal, State (LTF Increase & STA)
allocations are unknown but are expected in September 2013. Should funding estimates be
below projected, staff may recommend deferring bus replacements and other capital projects or
fare increases. The last fare increase occurred in 2010.
2. TDA Performance Audit
Triennial performances are a requirement for the continued receipt of State TDA funds for public
transit under the California Public Utilities Code. The last State-mandated performance triennial
audit of SLO Transit was for fiscal years 2008-2010. A finding of the audit review period, noted
the budget and staffing resources devoted to this function did not provide for target marketing,
branding, positioning, or updates to the March 2004 Marketing Plan. The finding recommended
an increase in funding resources to develop and implement a marketing and public information
PH2 - 16
program to attract new riders, generate advertising revenue, and inform the public about service
changes likely to result from implementation of SRTP recommendations.
An Ad Hoc Mass Transportation Committee reviewed and updated the SLO Transit Marketing
plan in March 20II and recommended that the City "Hire afull time city staff person, assigned
to the Transit Division, Department of Public Works to implemenl the goals, objectives and
strategies of the SLO Transit Marketing Plan Update." This recommendation has not been
brought to Council as additional funding needed to implement it has not been identif,red. Other
recommendations such as working with Cal Poly students and staff to produce media ads for a
marketing campaign have proven successful for the fixed route system. Another joint project was
recently completed with a focus on Trolley operations and media ads created by a Cal Poly
marketing class to increase trolley ridership.
3. Other Unknowns
Volatile Fuel Prices
Staff continues to exercise prudent judgment in projecting budgets for fuel needed for the SLO
Transit system. Volatile fuel prices continue to pose challenges in balancing the budget. Staff
will continue to analyze fuel trends and make budget adjustments as necessary.
Cost Allocation Plan
The change in methodology for how the City calculates direct and indirect charges for Enterprise
Funds that receive General Fund program support has had an impact on the Transit Fund's
overall operating costs. These changes also affect the Fund's required farebox ratio. While the
FTA does not require FTA review or certification of the City's Cost Allocation Plan, future
modifications in the way the General Government allocation is calculated could have an impact
on the Fund's ability to meet farebox requirements.
Purchas ed Transp ortation
The current contract for Purchased Transportation with First Transit, Inc. is set to expire June 30,
2013. Staff is recommending the contract be extended through to 2016-17. Staff will solicit
proposal for services at that time and award return to Council to award contract. Purchased
Transportation contract costs are unknown but are estimated with a 7Yo increase over the current
contract costs.
PH2 - 17
V. EXHIBIT A - Changes in Financial Position
2013.15 TRANSIT FUND
FINANCIAL SCHEDULES
PH2 - 18
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PH2 - 1920 9%
AGREEMENT
BETWEEN
CITY OF SAN LUIS OBISPO
AND
FIRST TRANSIT, INCORPORATED
PH2 - 20
No.
1.
2.
J.
4.
5.
6.
7.
8.
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11.
12,
13.
14.
15.
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18.
T9
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28.
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31.
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No.
27.
TABLE OF CONTENTS
Topic
Agreement
Purpose
Scope-of-Work
Time Period
Maximum Obligation
Price Formula
Invoice
Payment
Farebox Revenue
Control
Management
Medical Assistance to Passengers
Uniforms
Modifications of Agreement
Contract Assignments
Disputes
Stop-Work
Termination
Communications
Proprietary Rights
Shortages and Delays
Audit
Transportation Data Reporting'Workers' Compensation
Contractor's Employee Responsibilities
Transit Employee Protective Agreements
Insurance
Letter of Credit
Fidelity Bond
Prime Contractor Responsibilities
Nondiscrimination
Disadvantage Business Enterprise
Conflict of Interests
Conflict of Transportation Interests
Title to Supplies and Equipment
Headings
Retention of Records
Right to Adequate Assurance of Performance
Indemnification
Topic
Paqe
Cover
5
5
5
5
5
7
7
7
7
8
8
8
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8
9
9
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10
11
11
11
t2
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T2
t4
15
15
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t6
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l6
t6
16
t6
16
t7
Page
PH2 - 21
39
40
4l
42
43
44
45
46
47
48
49
50
Merger
Additional Services
Changes in Scope-of-Work
Conflicting Use
Liaison
Failure to Perform
Liquidated Damages
Waivers
Interpretation, Jurisdiction, and Venue
Severability
Debarred Bidders
General Equipment Requirements
Public Contact Code Section 10162 Questionnaire
Integrity Certification
Energy Conservation
Air Pollution
Federal Changes
Clean Water
Privacy
Arbitration
Disclosure of Lobbying Activities
Non- Collusion Affidavit
Interest of Members of or Delegates of Congress
Drug-Free'Worþlace
Contractor' s Representations
Contractor's Eligibility
Program Fraud and False or Fraudulent Statements and
Related Acts
Governing Law
Patent Rights
Attorneys'Fees
Recycled Products
Civil Rights
Charter Service
School Bus Service
No Government Obligation to Third Parties
Incorporation of Federal Transit Administration (FTA) Terms
Drug and Alcohol Testing
Uses of Buses and Equipment
Agreement Signatures
I7
I7
t7
18
18
18
18
18
t9
t9
t9
T9
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20
20
20
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20
2l
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52.
53.
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70.
71.
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74.
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76.
77.
66
67
PHz - 22
1
2
AGREEMENT
THIS AGREEMENT is entered into this _day of June 2013, by and between the CITY OF SAN
LUIS OBISPO, Califomia, hereinafter referred to as "CITY" and "FIRST TRANSIT", hereinafter
referred to as "Contractor".
\ryITNESSETH
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:
Purpose. City hereby contracts with Contractor to provide transportation management,
maintenance, and operation seruices upon the terms and conditions hereinafter set forth.
Scope-of-Work. Contractor shall provide the services øs previously agreed and set forth in
Exhibit A, supplemented by Attachment #2 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.
Time Period. The term of this agreement shall be from July I, 2073 to June 30, 2016.
Contractor shall commence transit service operations of City's transportation project on July
I,2013, and continue operation through June 30, 2016 within the budget defined under the
heading "Maximum Obligation".
Maximum Obligation. City agrees to pay Contractor in consideration for its servtces as
described herein. The maximum cost to be paid by City to Contractor shall not exceed the
following amount.
FY 2013-14-$2,021,549
FY 2014-15-$2,070,373
FY 2015-16-$2,128,475
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 L. Payment of a fixed mileage rate, per revenue vehicle mile, in the following
fiscal year:
ßY 2013-14 $2.705 for revenue service, not to exceed $1,064,566
FY 2014-15 $2.805 for revenue service, not to exceed $1,L04,L68
FY 2015-16 $2.913 for revenue service, not to exceed 51,146,454
aJ
4
5
PHz - 23
The City will continue to pay for additional service trip revenue miles as approved by the
transit maîageÍ. These types of trips include: any sweeper service needed at the start of the
Cal Poly school year, additional vehicles that may be necessary to perform service when the
double deck bus is out of service for maintenance, and other specialty trips. The City will not
pay for additional shadow buses that are required to get individual route trips back on
schedule if running late due to detours, passenger loads etc.
Revenue vehicle miles will be calculated by determining the mileage of the actual distance
that each bus travels during revenue serice. 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 operatot's wages and
fringe benef,rts, purchase of bus parts and components, oil, lubricants, grease, batteries,
mechanic supplies, antifreeze, and tires, bus cleaning supplies, radio maintenance.
The City will pay all fuel related costs for Revenue, staff vehicles and City owned support
vehicles are to be used exclusively f'or Street Supervisor and Maintenance duties. 'Ihe City
will receive a monthly fuel credit if these vehicles are used in non contractual related
operations support such as to shuttle FT drivers tolfrom the DTC or other locations such as
Cal Poly. The Transit Manager will be notified on each occasion that a City vehicle is used
for this purpose and the circumstances. City support vehicles will keep a trip log approved by
the Transit Manager. City owned vehicles are not allowed to travel out of the City of San
Luis Obispo without authorization of the Transit Manager in advance.
The revenue vehicle mileage rate assumes all variable and consumable costs of the
Contractor.
b. Tier 2. Payment of a fixed monthly management fee per service month in the following
fiscal year:
FY 2013-14-$79,749 for management services, not to exceed $956,982
FY 2014-15-$80,517 for management services, not to exceed $966,205
FY 2015-16-$81,835 for management services, not to exceed $982,020
The monthly rate shall compensate Contractor for all fixed costs, including, but not limited,
to all the cost elements assigned to Contractor in Section 3, except those included in
paragraph 5(a) of this Agreement. It shall also include the insurance premium.
City Responsibilities. City shall provide the facilities located at 29 Prado Road, San
Luis Obispo, California, which includes Operations Offices, dispatch area, driver's
c
PH2 - 24
6
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.
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 andfuel in accordance to Exhibit A, Scope-of-Work, Section 3.23.13.
Services as revised 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.
Payment. All payments by City shall be made in affears 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. Payrnent will be made on a monthly basis. If City disputes any items on an invoice
for a reasonable cause, City may deduct that disputed item from the payment but shall not
delay payment for the undisputed portions.
The amounts and reasons for such deletions shall be documented to Contractor within fifteen
(15) working days 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.TL 60673-1221
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 mannff discussed in
Exhibit A, Scope of Work, Section 3 and as necessary for City to meet state and federal
funding sources.
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
certif,rcate must be completed and submitted with the bid (Refer to Certification2.T).
7
8
9
PH2 - 25
10
11.
12
13
14.
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 committed 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.
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.
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
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.
Modifïcations 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.
In the event that City determines in its sole discretion that it must require Contractor to
register the vehicles identified as inventory in Exhibit A ("Leased Vehicles") in its name
while City retains ownership title to the Leased Vehicles to comply with risk management
policies ("Determination"), then City and Contractor shall renegotiate this Agreement to
require Contractor to register the Leased Vehicles in its name with registration cost
reimbursed by the City and with the City retaining ownership title to the Leased Vehicles.
The Parties shall have three (3) months from the date that City notifies Contractor of its
Determination to renegotiate and execute a modification to this Agreement ("Renegotiation
Period") unless the Parties agree in writing to extend Renegotiation Period. If the
Renegotiation Period ends without the Parties executing a modification to the Agreement,
Contractor agrees to waive the ninety day (90) day notice of termination it is entitled to under
paragraph l7(a) if City exercises its right to terminate the Agreement pursuant to paragraph
17(a) within ten (10) days of the Renegotiation Period expiring.
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. Contractor may assign this
Agreement if the assignment is made to aparent, subsidiary, related or affiliated company.
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16.
t7
Subject to the provision regarding assignment, this contract shall be binding upon the heirs,
executor, administrators, successors and assigns of the respective parties.
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
fuinish 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 effoneous 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 off,rcial, representative or board on a question of
law.
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.
Termination. The contract may be terminated for reasons of City's convenlence or
Contractor's breach or insolvency. Notice of termination shall be accomplished by
registered, certified or express mail pursuant to the provisions of section 18.
a. Termination for Convenience. City may terminate this contract, in whole or inpart, at
any time by ninety (90) days written notice to the Contractor when it is in the City'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
PH2 - 27
18.
property in its possession belonging to City, the Contractor will account for the same, and
dispose of it in the marurer City directs.
Contractor may terminate this Agreement for convenience upon sixty (60) days notice to
the City.
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.
If Contractor fails to remedy or fails to take steps to remedy to City's satisfaction the
breach or default or any of the terms, covenants, or conditions of this Contract within
thirty (30) 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
arry way operate to preclude City from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach. In the event that 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.
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:
MR. BRAD THOMAS. PRESIDENT
FIRST TRANSIT.INC.
600 VINE S . SUITE 14OO
If to Contractor:
CINCINNA oH 45202
PH2 - 28
With Copy to:MR. NICK PROMPONAS
SENIOR VICE PRESIDENT
FIRST TRANSIT. INC.
7581 WILLOW DRIVE. SUITE 103
TEMPE. AZ 85283
FIRSTGROUP AMERICA
600 VINE STREET. SUITE 14OO
CINCINNATI. OH 45202
ATTENTION: GENERAL COTINSEL
If to City City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attn: Transit Manager
All other communications, invoices, reports, etc., shall be made to the Transit Manager of
City.
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.
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, terrorism, riots, war, civil
disorder, or fuel shortages. However, Contractor shall not receive payment for the revenue
vehicle mileage rate and shall only receive 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.
19.
20.
21. Audit. Contractor shall comply with the following:
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24
25
(a) General. Contractor shall permit the authorized representatives of City, Metropolitan
Planning Organization, State of California, the U.S. Department of Transpoftation,
Federal Transit Administration, and the Comptroller General of the United States to
inspect and audit aIl 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.
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
and Reporting Elements (FARE) as required under FTA National Transit Database (formerly
known as Section 15 of the Urban Mass Transportation Act of 1964).
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.
Contractors' Employee Responsibilities. Employees shall at all times remain the sole
employees of Contractor, and Contractor shall be solely responsible for pa¡rment 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, P art lI, Section 1 1 9(b).
Transit Employee Protective Agreements. (1) The Contractor agrees to the comply with
applicable transit employee protective requirements as follows:
(a) General Transit Emplo)¡ee 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
PH2 - 30
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 tetms 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 Emolovee Protective Reouirements for Proiects Authorized bv 49 U.S.C. ö
5? 1 Olcll?l fnr Flderlr¡thIndividuals and Individuals llicqhilificc -If the contract involves\r/l
transit operations financed in whole or in part with Federal assistance authorized by 49
U.S.C. $ 5310(a)(2), and if the U.S. Secretary of Transportation has determined or
determines in the future that the employee protective requirements of 49 U.S.C. $ 5333(b)
are necessary or appropriate for the state and the public body sub recipient 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.Part2I5, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of
certif,rcation 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) I s311
in NonurbanizedAreas - If the contract involves transit operations f,rnanced 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 3I,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.
(d) Transit Emplol¡ee Protective Agreements - Contractor Liabilitl¡ - The pricing agreed upon
herein is contingent upon the assumption that Contractor shall not be liable for any transit
employee protection obligations including those associated with 49 U.S.C. 531I,49 U.S.C.A.
5333(b) or any other transit employee protective requirements as referenced above. If
Contractor shall be liable for any transit employee protection obligations, pricing shall be
adjusted to cover such costs upon receipt of relevant information from the City.
PH2 - 31
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 Offîce 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 occurence 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.
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 pa5rment 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, and agents 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 Contractor's insurance coverage shall be
primary insurance as respects the Cþ, its officers, officials, employees, and agents. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or
agents shall be excess of the Contractor's insurance and shall not contribute with it.
PH2 - 32
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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 ofhcers,
off,rcials, 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 insuret'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.
Verifïcation of Coverage. Contractor shall fuinish 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
coverage's for subcontractors shall be subject to all of the requirements stated herein.
Letter of Credit. Prior to execution of this Agreement, the prospective Contractor shall
furnish to City aLetter 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.
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 carrier 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 ofcancellation or change ofsuch coverage.
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.
28
29
PH2 - 33
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31
32
JJ
34.
35
36.
37
California Labor Code. In connection with the performance of this Agreement, Contractor
shall comply and adhere to all applicable labor laws to employees and public transit
employees.
Disadvantaged Business Enterprise. In connection with the perfotmance 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.
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).
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.
Title to Supplies and Equipment. Title to pafts, 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 ofeach part.
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.
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.
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
PH2 - 34
38.
39
4t
40
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.
Indemnifïcation. 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 Contractor's activities necessary to perform the services and
complete the tasks provided for herein, except to the extent that the claim is based on the
negligence or willful misconduct of City, its employees or agents. 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 seryices and tasks described in this Agreement or its
agency under Workers' Compensation acts, disability benefit acts or other employee benefit
acts.
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
herein are exclusive and shall operated as limitations on any action brought in connection
with the services, including an action in tort.
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
inparagraph 5 and will be billed separately from this Agreement.
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 arc 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 occuffences, provided that if additional justified cost to Contractor results there
from, 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 otherwise agreed to by City and
Contractor in advance of such extra work.
PH2 - 35
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.
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.
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 def,tned under Paragraph 37 of this
Agreement, and subject to Service Performance Standards in Section 3.25.
Contractor understands that continual substandard performance such as servlce 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,
frequent vehicle failure and frequent public complaints regarding driver behavior or dirty
vehicles are grounds for termination of this Agreement.
Liquidated Damages. Liquidated damages may be assessed as described in Exhibit A,
Scope-of-Work with the following revision.
On Time performance
First Transit will continue to work to improve OTP levels as mandated in agreement and
assist with installation of automatic vehicle locator system manufactured by Digital
Recorders Inc. (DRI). In lieu of continued use of the existing EDAPTS system for OTP
monitoring, First Transit and the City agree to use individual manual on time performance
monitoring as the OTP system until such time as the new DRI system has been installed.
Penalties and incentives for OTP will continue to be assessed as per the existing agreement.
'When operational the DRI system has been installed and fine tuned for accuracy, the City
and First transit will negotiate a new OTP benchmark and penalty/incentive agreement that
will be the basis for future OTP monthly tracking by City and First Transit staff.
Waivers. Neither City's review, approval or acceptance of payrnent 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 The
parties agree that City shall have the final authority to require the reassignment from work
under this Agreement by Contractor of any employee of Contractor subject to the following
43.
44
45.
46.
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47
48
49
50
requirements. The request must be in writing, state the reasons for the request, and the
request must not violate applicable local, state and federal laws and regulations. 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.
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.
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.
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 Worþlace (Grant)",
in compliance with 49 C.F.R. Part 29. A certif,rcate must be completed and submitted with
the bid (Refer to Certif,rcation2.4).
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
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 indemniflz the City for any responsibility of environmental
contamination, fines, andlor 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
PH2 - 37
51.
52.
53.
54.
the above-grade fueling facilities and return property to equal or better condition to
City's satisfaction prior to the effective date of termination.
Public Contract Code Section 10162 Questionnaire. The Contractor has completed and
submitted the questionnaire with the bid (Refer to Certif,rcation2.9).
Integrity Certification. Contractor has properly completed and executed certification
regarding Lower Tier Debarment, Suspension and other Responsibility Matter.
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, 42USC 6321 et seq.
Air Pollution. The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42U.5.C. $$ 7401 et seq . 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.
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 govem 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
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.
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. I25l et seq. The Contractor agrees to report each violation to the City, regional water
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58.
59.
resource ageîcy, FTA and the EPA Regional Office. The Conhactor also agrees to include
these requirements in each subcontract exceeding one hundred thousand dollars ($100,000)
hnanced in whole or in part with Federal assistance provided by FTA.
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 f,rnanced in whole or in parl with
Federal assistance provided by FTA.
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 party 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.
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
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).
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
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61.
62.
63.
Contractor has not directly or indirectly induced or solicited any other Contractor to put in a
sham bid, or any other person, frrm or corporation to refrain from presenting a proposal and
that the prospective Contractor has not in any mannü 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
Certification2.T).
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.
Drug-Free Workplace. The Contract shall comply with Government Code Section 8355 in
matters relating to providing a drug-free worþlace. A certificate must be completed and
submitted with the proposal (Refer to Certification 2.3).
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 qualifred and skilled in the
f,reld 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.
Contractor's Eligibility. Contractor certifies it is not on the Comptroller General's list of
ineligible contractors.
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 !gq. 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 certif,tes or afhrms 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, f,tctitious, 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
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66.
67
reserves the right to impose the penalties of 18 U.S.C. $ 1001 and 49 U.S.C. $ 5307(nX1) on
the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract f,rnanced 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.
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 EXCLT]DED.
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.
Patent Rights. FOR ALL PLANNING, RESEARCH, DEVELOPMENT, OR
DEMONSTRATION UNDER THIS CONTRACT OR PROJECT:
If any invention, improvement, or discovery of City or any of its third party contractors is
conceived or ltrst 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
PH2 - 41
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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 exemplif,rcation 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.
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.
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 1,2873, as they apply to the procurement of the items designated in Subpart
B of 40 CFP.Paú247.
Civil Rights.
1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended,
42U.5.C. $ 2000d, section 303 of the Age Discrimination Act of 1975, as amended,42
U.S.C. $ 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. $
12132, and Federal transit law at 49 U.S.C. $ 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements
FTA may issue.
2. Equat 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 employnent
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 S_Qq ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Emplo¡rment
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
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PH2 - 42
72.
are treated during emplo1.ment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(b) Age. In accordance with section 4 of the Age Discrimination in Emplo¡ment 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 . 5 I2II2, the Contractor agrees that it will comply with the
requirements of U.S. Equal EmploSiment 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 lssue.
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.
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 sub recipients of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of the exceptions
at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
School Bus Operations
Pursuant to 69 U.S.C. 5323(Ð and 49 CFR Part 605, recipients and sub recipients 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 specif,red exemptions. When operating exclusive school bus service under an
allowable exemption, recipients and sub recipients may not use federally funded equipment,
vehicles, or facilities.
No Government Obligation to Third Parties
The Contractor acknowledge and agree that, notwithstanding any conculrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the
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77
express wdtten 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.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Conhactor 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.
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
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 arurually 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 at955 Morro Street, San Luis Obispo, CA 93401. To certify compliance the
contractor shall use the "Substance Abuse Certifications" in the "Annual List of
Certif,rcations and Assurances for Federal Transit Administration Grants and Cooperative
Agreements," which is published annually in the Federal Register.
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 andmay 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
PH2 - 44
)
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.
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their respective officer's thereunto duly authorized on the day written below their signatures.
CONTRACTOR CITY
By:
Nick Promponas, SVP
ATTEST
By:
APPROVED AS TO FORM
By:
Contractor Legal Counsel
By:
Jan Howell Marx, Mayor
ATTEST:
Maeve Kennedy Grimes, City Clerk
APPROVED AS TO FORM:
By:
Christine Dietrick, City Attorney
By:
PH2 - 45
SECTION 3: SCOPE-OF-WORK
Attachment 3
Exhibit A
PH2 - 46
Attachment 3
Exhibit A
Section 3 Table of Contents
Subiect
3.0 General Information
3.1 Role of SLO Transit
3.2 Role of Contractor
3.2.I Operation
3.2.2 Operation Management
3.2.2.I 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 HandlingOperationalEmergencies
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.I4.I Daily Reports
3.14.2 Weekly Reports
3.I4.3 Monthly Reports and Invoice
3.14.4 Schedule Change and Runcut Reports
3.15 Monitoring and Auditing
3.16 Insurance
3.17 TrainingEquipment
3.18 Recycling Program
3.19
3.20
3.21
3.22
3.23
Marketing Activities
Schedule Change Assistance
Drug Testing
Required Computer Capabilities and Competencies
Maintenance
3.23.1 GeneralRequirements
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
PH2 - 47
Attachment 3
Exhibit A
3.23.7
Subiect
3.23.8
3.23.9
3.23.10
3.23.11
3.23.12
3.23.t3
3.23.14
Daily Pre-Trip
Vehicle Repair
Tools and Equipment
Maintenance Documentation and Reporting
Major Repairs and Maintenance
Computer and Special Diagnosis Training
Fuel Cost Reimbursement
Environmental Adherence
3.24 Service Performance Standards
3.24.I Incentives
3.24.2 Penalties
3.24.3 Employee Bonus Fund
PH2 - 48
3.0
3.1
3.2
Attachment 3
Exhibit A
SECTION 3: SCOPE-OF-WORK
(Exhibit A of Agreement)
General Information
This Scope-of-Work contains 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.
Role of the City
City will establish policies and procedures for the provision of Fixed Route Transit Seryices
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.
Role of Contractor
3.2.I 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.I is required by the Contractor to
maintain.
3.2.2.1 Resident Manager
Contractor shall designate and provide the services of a full+ime 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.
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
PH2 - 49
Attachment 3
Exhibit A
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 seruice 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 ofprior 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.
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
PH2 - 50
Attachment 3
Exhibit A
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 Superuisor.
The Maintenance Supervisor shall be directly responsible for maintaining the fleet as
described in this Scope-oÊWork and for monitoring the performance of all work to
ensure thatall 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 qualif,rcations 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 offlrcial or other supervisory employee acceptable to City to serve
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.
PH2 - 51
Attachment 3
Exhibit A
The Maintenance Supervisor will work cooperatively with City's Transit Manager to
assure service quality, and provide maintenance data as described in Section3.23 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 CiIy 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 Superuisor,
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
qualifîcations 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 ofprior 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.
I)river 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.
3.3
PH2 - 52
3.4
Attachment 3
Exhibit A
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:
o Department of Motor Vehicles license check,
. Criminal record check, and
. Drug and substance abuse testing in conformance with United States Department of
Transpofi ation regulations.
Contractor shall be responsible for all applicable labor assignments for revenue servrce
drivers. The composition of Contractors labor assignments shall reflect abalance 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 Appendix2 in Section 8 (which will be Exhibit A, Appendix 2 of the Agreement).
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.
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.
PH2 - 53
3.5
3.6
Attachment 3
Exhibit A
Dispatchers and call takers, as well as any other individuals who may from time to time be
assigned to working the revenue selice 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 specif,red 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.
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 fbrmal sal'ety program approved by City,
which meets or exceeds the minimum responsibilities dehned 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.
Road Supervision
Contractor shall provide fuIl 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 suryey summaries in accordance
the requirements of National Transit Database (formerly Section 15) reporting requirements
per City's satisfaction.
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.
Deliveries and Distributions
Contractor shall deliver appropriate schedules outlets throughout the community. Contractor
personnel will also deliver information packets to the Committee members of the Mass
3.7
PH2 - 54
Attachment 3
Exhibit A
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 occumences 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 haining 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
trained personnel to receive incoming telephone calls. Telephones will be answered during
all hours there is a bus in revenue service to provide telephone information as requested by
customers and other agencies. Adequate customer information staffing shall be provided
during these times. Contractor shall arraîge work shifts which efficiently reflect the volume
of incoming telephone calls.
PH2 - 55
Attachment 3
Exhibit A
Contractor shall develop, implement and maintain a daily schedule of labor resources to
handle telephone calls. This schedule shall identi$ work assignments, specifu non-
telephone work assigned concur¡ently, and work shift times.
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 27I0.4A,. The Contractor shall prepare and submit daily, weekly, monthly,
quarterly and annual NTD reports to the Transit Manager. Also, the Contractor should
certifu 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, Conhactor shall
assist City in implementing revised data collection procedures and methods. Contractor shall
be responsible for accurately completing then forms developed by Contractor and approved
by City at the time interval indicated. One original copy of each form shall be provided to
City. Contractor shall duplicate forms as necessary for completion and submittal to City.
Weekly reports shall be delivered to City no later than 3:00 p.m. on the second working day
following the end of the operating week. Typically, this will be Tuesday. Monthly reports,
including Contractor's invoice, shall be submitted to City no later than the tenth (1Oth) day of
the calendar month following the month of service provided.
PH2 - 56
Attachment 3
Exhibit A
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
o Contractor shall submit daily ridership adjustments by route and fare type to
Transportation Assistant each business day morning.
o Farebox edits will be completed each morning before 10:00 am.
3.14.2 Weekly Reports
The following reports shall be submitted to City on a weekly basis
Dispatch log (original)
Lost and Found Logs
Crystal Reporting Canned/Text Messages Reports
Weekly Repair Schedule of all vehicles
Staff work schedule for the up-coming week
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 number within
ten days ofoccurrence (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 occuffence report, serious unusual occurrences shall be reported
immediately
Incident report per NTD
Wheelchair Usage Report
Bicycle Usage Report
Fixed Route revenue bank deposit slip, original and photo copy
Written response to service complaints (upon occurrence)
Passenger comments and complaints log
Fare Media packets, containing Prado Tokens, Free Tokens, Promo passes and
unused issued Day Passes.
Weekly AVL, Electronica Sign, OtVia and Client Software issues report.
3.14.3 Monthly Reports and Invoice
The following reports shall be submitted to City on a monthly basis:
o Crystal Reports On-Time Performance Report
o Schedule adherence reports will include a separate summary of on-time
performance for revenue services.
. Invoice for services provided
a
a
PH2 - 57
Attachment 3
Exhibit A
¡ Management report by Contractor, outlining activities for the month including
any unusual events, incidents, suggestions, etc., per Section 3.23.I0.
o Hours and mileage report by vehicle, including revenue hours/miles, non-revenue
hours/miles, total vehicle seryice hours/miles, training hour/miles, city use
hours/miles, and maintenance hours/miles.
o Mechanical defects during revenue and non-revenue service
. Body damage by vehicle
o Preventative maintenance report by vehicle with cost
. Drug and alcohol tests and results
. Facility cleanliness report
3.14.4 Schedule Change and Runcut Reports
The following report shall be submitted electronically to the City five working days
after a minor or major schedule change:
o Drivers' paddles, and run cuts.
o 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
Cil"y shall have the right to have authorized persorurel board, at no cost to CiIy, all buses
utilized by Contractor in the performance of service for the pulpose of monitoring service.
In addition, the City reserves the right to monitor services and audit all records in connection
with providing seruice, 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 TrainingEquipment
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
PH2 - 58
Attachment 3
Exhibit A
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.
3.19 MarketingActivities
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 to promote ridership on SLO Transit. The Contractor should maintain a current
understanding of the SLO 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 seruice
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
The City shall provide its Contractor employees with access to computer workstations
capable of operating Microsoft Windows environment, Microsoft Office 2000, Access, and
email communications with City for City use only. City shall provide six (6) computers,
software and IT support, and diagnosis and repair of equipment. The Contractor at its sole
expense will supply all the training of software, tracking and ridership programs.
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, Appendix2 and Appendix
3 of the Agreement).
PH2 - 59
Attachment 3
Exhibit A
Using City's facilities and major tools in place on June 30, 2013, 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).
3.23.3 Facility
Contractor shall provide janitorial services to the building and grounds. Contractor shall be
responsible for cleaning the operations office areas, maintenance office arca; 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 noti$ 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 required
repairs are required due to abuse, misuse, or willful damage by 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
PH2 - 60
Attachment 3
Exhibit A
graff,rti 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-
forn (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.
3.23.5 Vehicle Exterior Cleaning
Contractor shall remove all graffiti, dift and/or other marks on the vehicle exterior within
twenty-four Q\ 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 preseruative at least
once per month, or as necess ary to maintain an aftractive 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 seryice 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.
PH2 - 61
Attachment 3
Exhibit A
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 manufacturer's 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 ofschedule.
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 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
PH2 - 62
Attachment 3
Exhibit A
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 notiSi City prior to
commencingwananty work on any vehicle.
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 1,2013.
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 completing 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
PH2 - 63
Attachment 3
Exhibit A
o 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.
o Report of damages due to accident. A written report shall be provided to City
staff immediately after occurrence.
o PMI checklists.
o Consumption of fuel by each vehicle & lubricants by each vehicle.
. Roadcall report identifuing 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
o Warranty claims for all labor and parts.
o All work orders.
o Distribution of Contractor employee bonus fund.
3.23.11Major 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 wananty; and exterior and interior painting of entirc vchiclcs;
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 f,rlters) 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 noti$' 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 andlor his designee determine that such work is necessary due to
maintenance and/or failure to maintain component based on manufacturer's instruction
PH2 - 64
Attachment 3
Exhibit A
andlor 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
all costs related to repair or replacement of transmission related parts such as oil coolers,
extemal 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
The Contractor is responsible for all fuel related costs for First Transit owned vehicles. The
City will pay alI fuel related costs for Revenue and city owned staff vehicles. City owned
support vehicles are to be used exclusively for Street Supervisor and Maintenance duties.
The City will receive a monthly fuel credit if these vehicles are used in non-contractual
related operations support such as to shuttle FT drivers tolfrom the DTC or other locations
such as Cal Poly. The Transit Manager will be notified on each occasion that a City vehicle
is used for this purpose and the circumstances. City support vehicles will keep a trip log
approved by the Transit Manager. City owned vehicles are not allowed to travel out of the
City of San Luis Obispo without authorization of the Transit Manager in advance. The
revenue vehicle mileage rate assumes all variable and consumable costs of the Contractor.
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.
PH2 - 65
Attachment 3
Exhibit A
3.24 ServicePerformance Standards
3.24.1Incentives
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 satisfu 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 ofthree hundred dollars ($300.00) per occurrence.
PH2 - 66
Attachment 3
Exhibit A
Should a vehicle in revenue service be determined to not meet the vehicle
cleanliness standards set forth in Section 3, the contractor shall be assessed a
penalty of one hundred fifty dollars ($150.00).
3.24.2.2 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 95Yo 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 90Yo, and a two thousand dollar ($2,000) penalty
payment for each revenue service route (local transit) on which on time
performance is less LhanS5o/o.
A bus shall be considered "NOT ON-TIME" if: (a) it depafis before the
scheduled depafture time; andlor (b) it departs over ten (10) minutes and zero (0)
second after the scheduled departure time.
Service performance standards require that ninety f,rve percent (95%) of all buses
providing selice perform "ON-TIME", and zero percent (0%) of those buses
qualifu as "HOT". ("HOT" is defined as leaving before the scheduled departure
time.)
3.24.2.3 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.
3.24.2.4 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 specif,rc route. This penalty is
cumulative with other penalties.
3.24.2.5 Missed Service Penalty
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.
3.24.2.6 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.
3.24.2.7 Unsatisfactory CHP Rating Penalty
PH2 - 67
Attachment 3
Exhibit A
Contractor shall pay City the sum of two hundred frffy 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
f,rve hundred dollars ($500.00) per day that the California Highway Patrol
terminates service due an unsatisfactory rating.
3.24.2.8 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.
3.24.2.9 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) day
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 is
vacant. This assessment will not be made until the thirtieth (30) day following
notice of employment separation andlor departure from this project.
3.24.2.10 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.
3.24.2.11 Late Reports Penalty
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.
3.24.2.12 Unresolved Complaints Penalty
Contractor shall pay City the sum of one hundred frfty dollars ($150.00) for each
unresolved complaint.
PH2 - 68
Attachment 3
Exhibit A
3.24.2.13 Non-Compliance to Uniform/Dress Code Penalty
Contractor shall pay City the sum of twenty dollars ($20.00) per incidentthat 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).
3.24.2.14 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.
3.24.2.15 Inoperative Lifts or ramp
Contractor shall pay City the sum of two hundred dollars ($200.00) per incident
when a bus in placed in service with an inoperative wheelchair lift or ramp except
in an emergency.
3.24.2.16 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
fall 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.
3.24.2.17 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.
3.24.2.18 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
an opportunity for the Contractor to implement an immediate remedy to the
situation prior to assessing penaþ.
3.24.2.19 Failure to Announce Bus Stops Penalty
The Contract shall pay the City frfty 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.
PH2 - 69
Attachment 3
Exhibit A
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 andlor distributed to the employees. Contractor
will report the use andlor distributions of this fund in the monthly bill in the format
approved by City.
PH2 - 70
Attachment 3
Exhibit A
APPENDIX 1:
DEF'INITIONS
PH2 - 71
Attachment 3
Exhibit 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 intemrptions (e.9. 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
\4/eapon 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 alarceny, 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 intemrption of revenue service. This includes vehicle exchanges at layover points,
recover points, andlor 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
any other vehicle.
An incident involving one or more transit agency vehicles and
PH2 - 72
Attachment 3
Exhibit A
Collisions with People. An incident in which one or more persons are involved in a collision with
a transit vehicle ageîcy vehicle or attempted,/successful suicides.
Curfew and Loitering Laws. All arrests for violations of local curfew or loitering ordinances
where such laws exist.
DeadheadÆ.{on-Revenue Service. The miles and hours that a vehicle travels when out of revenue
service. DeadheadÆ.[on-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.
DeadheadÀ{on-Revenue Service does not include charter service, school bus service, operator
training, or maintenance training. For non-scheduled, non-fixed route selice, 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
ofthe above.
Dispensable Parts. Include nuts, bolts, fasteners, and any other part costing less than five dollars
($s.oo).
Driving Under the Influence (DUI). The driving or operating of any vehicle or coÍrmon 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 agerucy 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.
PH2 - 73
Attachment 3
Exhibit A
Fires. An incident involving uncontrolled combustion manifested by flame or smoke resulting in
evidence of chaning, 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 propefiy.
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 properly; and
service vehicles, maintenance areas and rights-oÊway (ROW).
Intelligent Transportation Systems (ITS). Integration of current technology to improve operating
effrciency 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.
PHz - 74
Attachment 3
Exhibit A
Life Miles. Miles is the sum of revenue vehicle miles, non-revenue vehicle miles, yard miles, and
maintenance miles.
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 intemrption of
revenue service. This includes vehicle exchanges at layover points, recover points, andlor 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, categorizedby
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 andbattery, 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 agerLcy
Part Time Employees. Employees of the transit agency who work less than the local deflrnition 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
PH2 - 75
Attachment 3
Exhibit A
benefits package if working full time. Part time permanent employees may be eligible for a limited
benefits package and may have job security rights.
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.9. 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 ofcarrying passengers that either directly pay fares, are subsidized by public
policy, or provide payment through some contractual affangement. 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 intemrptions caused
by failure of some mechanical element of the revenue vehicle. Revenue service intemrptions 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, tear axle, and
suspension, and torque converters. These revenue service intemrptions 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 intemrptions 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 intemrptions for mechanical reason.
Roadcalls. Roadcalls is defined to be any intemrption in revenue service caused by mechanical, for
other reasons, and service calls. Roadcalls incorporate Revenue Service Intemrptions for
PH2 - 76
Attachment 3
Exhibit A
Mechanical Reasons and Revenue Service Intemrptions for Other Reasons as defined by the Federal
Transit Administration.
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 offorce or violence and/or by putting the victim in fear. The
use or threat of force includes: f,rrearms; 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 intemrption of revenue seryice.
This includes vehicle exchanges at layover points, recover points, andlor 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 I)amage. 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 employmenl agency are not temporary employees of the transit agency.
Trespass. To unlawfully enter land, a dwelling, or other real property
PH2 - 77
Attachment 3
Exhibit A
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
control by cutting, tearing, breaking, marking, painting, drawing covering \Mith filth, or any other
such means as may be specified by local law.
Vehicle Revenue Mileslllours. 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 Roadcalls. 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.
UniformÆ)ress 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.
PH2 - 78
Attachment 3
Exhibit A
SECTION 8: APPENDICES
PH2 - 79
Aftachment 3
Exhibit A
Appendix
Section 8 Table of Contents
Subiect
City's Responsibilities
Driver Requirements and Driver Training Program
Revenue Vehicle Servicing
Maintenance, Cleaning and Safety Program
Page
129
130
135
144
1
2
3
4
PH2 - 80
2
aJ
Attachment 3
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 (automated coin counting machine)
Schedule racks for vehicles
Electronic and non-electronic destination signs
Decals and logos for vehicles
Two non-revenue vehicles (Dodge Caravan, and one pick-up truck)
Street Equipment
o Bus stop signs, "L" brackets and poles
¡ Passenger shelters, benches, and schedule holders
. Trash receptacles
Bus Operations and Maintenance Facility
o Bus Operations and Maintenance Facility located at 29 Prudo Road, San Luis Obispo,
California
¡ Base station for radios
. Office furniture of Operations and Maintenance Departments (As in place on June 30,
2013)
o Maintenance equipment (As in place on June 30, 2013)
o Six (6) desk top computers, with software, one (1) laptop for maintenance with
diagnostic software (As in place as of June 30th,2013.
Other Services and Material
o System marketing, schedule, customer information brochures and other marketing
brochures, transfers, tickets, passes, and customized route and stop information at
passenger shelters, etc.
o Contractor will pay for all utilities and seruices including, but not limited to, the
following: telephone system and extensions, water, electricity, gâs, cable, computer
communications (i.e. modem, DSL, etc.), internet services, cleaning of Contractor's
offices, maintenance office area, servicing area, and bus parking area.
4.
PH2 - 81
Attachment 3
Exhibit A
APPENDIX 2
DRIVER REQUIREMENTS
AND
DRIVER TRAINING PROGRAM
PH2 - 82
J
4
5
Attachment 3
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 perfomed by qualihed driver trainer. Bus drivers must meet minimum qualifications outlined below.
Driver Trainer
a. Driver's Licenses. Must have either a State of Califomia, Department of
Education School Bus Driver Instructor's certificate, or Deparlment 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 drug/alcohol screening test
shall be assigned to City bus service.
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 Califomia, Califomia Highway Patrol, and Department of Motor'
Vehicles requirements shall be included for a new bus driver training program.
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 specif,rc vehicles for the fixed route bus service. Minimum training
hours required shall be in non-revenue service.
Supplemental Training for All Drivers
a. All drivers, regardless of prior experience, must be given route specific training. At least sixteen (16)
hours ofactual 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/perfoÍnance bonuses.
f. All drivers must receive and pass the eight hour minimum National Safety Council Defensive Driving
Courses or equivalent.
C. 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
specific obstacles persons with disabilities may encounter using public transportation. Note that all
drivers shall undergo this training.
PH2 - 83
6
Attachment 3
Exhibit A
h Red Cross First Aid Training is an option which may be completed within fifteen (15) days after start
ofdriver's service.
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, long sleeve in winter, short
sleeve for summer.
2. Clean, identical, dark solid colorjackets or sweaters for all
drivers for use during cold or rainy weather.
3. Clean, identical, professionally made identihcation tags,
including City logo and driver name.
4. City patch on the right sleeve of the shirt and jackets.
5. Clean, khaki solid color fullJength pants/trousers in winter, may wear khaki solid
shorts in the summer, clean, black matching socks and clean, black solid shoes for
all drivers.
6. Contractor may propose alternative sunìmer uniforms for
drivers subject to City approval .
8. All shirts/blouses tails must be tucked into the drivers'
pants/trousers.
9. Drivers must have neatly groomed hair and maintain neat appearance.
b. Driver Rules
1. V/hile 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 ma1ìner 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 hrst
immediately notifli his/her superuisor via radio. No run will be cut short.
8. Drivers will report to the dispatchers any unusual occuffences observed on the road
and any vandalism or dâmage to City property.
9. Drivers shall not accept gratuities.
In-Service Training
a. Drivers should receive at least one (l) hour of safety training each month.
b. Contractor trainer shall conduct a one (l) hour evaluation check ride with
each bus driver at least once every three months.
c. Contractor shall conduct a one (l) 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.
7
8. Safety
PH2 - 84
9
Attachment 3
Exhibit A
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 specihc 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.
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 sufhcient to
meet the medical requirements to quali$r for a Class 2 cefültcaTe issued by the California Department of Motor
Vehicles.
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 f,rxed 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 mole than four (4) such meetings
will be requested during any one (l) 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).
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 ofsport 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).
10
l1
PH2 - 85
Attachment 3
Exhibit A
i. Drivers must have neatly groomed hair and maintain neat appearance.
PH2 - 86
Attachment 3
Exhibit A
APPENDIX 3
REVENUE VEHICLE
SERVICING
PH2 - 87
Attachment 3
Exhibit A
PURPOSE: To maintain an aesthetically appealing appearance of all City buses by establishing a
scheduled system ofservicing 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 ofthe interior and exterior ofeach 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.
PH2 - 88
Attachment 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.
Dail)¡ Servicine
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
1og.
PH2 - 89
1)
Attachment 3
Exhibit A
PROCEDURES: Dail]¡ Servicins
FLOOR CLEANING
INTERIOR VACULIMING - 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 ftont 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 SV/EEPING - 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 and
operator's compartment. Sweep trash from both areas into appropriate trashcan.
TRASH BAG - Empty the trash receptacle located near the front area of each
bus.
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.
DUSTING - Using a clean damp rag, wipe clean the dashboard, farebox and all
operator controls.
VANDALISM/GRAFFITI INSPECTION - Inspect the bus interior to assure that
no set damage or graffiti exists. Those buses found to have damaged seats or graffiti will be
scheduled for the necessary repairs following the inspection.
SEAT SECUREMENT - Inspect individual seat inserts to assure proper
securement to the seat frame.
LIGHTS - All lights including the high beams will be checked daily upon the
morning startup.
SAFETY INSPECTION - It is necessary to inspect the bus undercarriage on a
weekly basis.
3)
4)
5)
6)
7)
8)
e)
PH2 - 90
Attachment 3
Exhibit A
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 "4" fnspection Form.
All buses receiving aî ".Ã" 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 noti$ 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.
PH2 - 91
Attachment 3
Exhibit A
PROCEDURES:'Weekl]¡ Servicingltems
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
Mop Floors
'Wash'Wheels
Clean Operator's Compartment
Clean, replace and relocate
interior Ad cards
Remove graffrti
Clean inside windows
FREOUENCY
All buses - Once weekly
All buses - Once weekly
All buses - Once weekly
All buses - As necessary
Minimum of 50Yo of fleet weekly
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.
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,of trash from 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.
INTERIOR ANNOUNCEMENT CARDS - Inspect and replace any defective
andlor 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.
4)
PH2 - 92
s)
8)
6)
7)
Attachment 3
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.
GRAFFITI - One hundred percent (100%) of the assigned fleet shall be inspected
for graff,rti weekly. Any grafhti 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 MUS T USE THE APPROVED
RESPIRATOR.
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.
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.
The Shop Foreman at each base shall develop an ongoing weekly schedule based on
daily manpower assignments to assure completion of Weekly Inspection ltems. This
schedule is to be approved by City.
TIRES - The tires will be inspected for inflation andwear; the wheels and lug nuts
for any informalities weekly. A report of such will be provided to the Maintenance
Supervisor.
e)
PH2 - 93
Attachment 3
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 andlor 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.
Remove all side and rear double and triple seat cushions, not requiring tools, for cleaning
underneath. Replace seats.
Clean interior of dome light lenses as necessary
Apply protective coating to bumpers, dashboard, and rubber fender walls. Do not apply to
steering wheel, seats or floors.
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.
5)
6)
7)
8)
PH2 - 94
Attachment 3
Exhibit A
REVENUE VEHICLE SERVICING AND
CLEANING PROCEDURES
CitY
3,000 MILE DETAIL SCHEDULE
WEEK OF
DATE
COMPLETED
DATE
COMPLETEDBUS #BUS #
Completed 3,000 mile detail schedule shall be turned in to the Maintenance Supervisor by the
following Tuesday morning
PH2 - 95
Attachment 3
Exhibit A
APPENDIX 4
MAINTENANCE, CLEANING
AND
SAFETY PROGRAM
PH2 - 96
Attachment 3
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.
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 pursuanl to
this Agreement. Contractor shall be fully responsible for the safe and efficient
maintenance of all vehicles, radios, MDT, fareboxes, passenger counters and all other
equipment to be used to perforrn 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, frrm or corporation.
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.
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.
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.
All components of the bus bodies, appuftenances, 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.
All mechanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a
safe and working condition at all times.
The interior passenger compartment shall be free of exhaust fumes from the engine,
engine compartment, and exhaust system of the bus.
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.
Seats shall be maintained in proper operating condition at all times. All tears, gum,
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
b.
c
d.
e.
f.
C'b'
h.
i.
J
PH2 - 97
k.
Attachment 3
Exhibit A
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.
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-atound" 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 unceftain 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
1.
11.
iii.
iv.
V.
vi.
vii.
viii.
ix.
X.
Make
Model and Year
Vehicle Identification Number/Serial Number
License Number
Date Received
Unit Repairs
Preventative Maintenance "Inspection" Reports
Daily "Bus Condition" Reports
Work Orders
Fuel Consumption (i.e., gallons/miles) for each vehicle
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 a30-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.
City may, at unannounced times, perform maintenance inspections by City staff or private
inspection services for purposes of determining vehicle safety and condition.
b.
PH2 - 98
Attachment 3
Exhibit A
PH2 - 99
Page i ntentiona I ly left
blank.
PH2 - 100
=councrl
memopânÒ
crty o[ san luls orrspo, frnance anò r.t. òepantment
DATE: June 6,2013
TO: Mayor & Council Members
VIA: Katie Lichtig, City Manager
FROM: Wayne Padilla, Interim Finance Director VWF
SUBJECT: Agenda Correspondence for Transit Fund, Item PH-2
AGENDA
CORRESPONDENCE
Please find attached several documents that represent replacement pages for presentation of the
Transit Enterprise Fund Review.
There is one exhibit (page PH2-19) and one page of text (page PH2-7) for the Transit Fund
Review that require replacement. The exhibit shown atpage PH2-19 must be replaced with the
corrected page in order to reflect the actual 2012-13 budget amount for Capital Improvement
Plan Projects. The appropriations for two previously approved bus purchases were removed
from the budgeted amount because staff believed that these costs had been reported in the prior
year.
The page of text from the staff report (page PH2-7) has been corrected to show the amended
ending working capital amounts based on the correction described above.
Please feel free to contact me with any questions you may have by calling me at 781-7125 orby
e-mail at wpad illa@slocity.org.
iuN 0 7 2013
K
R VEt)
T:\Council Agenda Reports\201 3\201 3-06-1 o\Agenda correspondence\6-1 2-1 3 councìl agenda corresPor
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9
Transit Enterprise Fund Review 2013 Page 7
FISCAL IMPACT
As shown in the 2013 Transit Enterprise Fund Analysis (Attachment l), staff is projecting the 2013-
l4 fiscal year to end with a modest year-end working capital. Funding continues to be lean and
highly dependent upon Federal and State grants and final budget appropriations. While staff does
not project any service-level reductions for SLO Transit at this time, the projected revenue forecasts
give very little capacity for funding variations. Due to one-time-only funding increases, as well as
other cost savings and a minimal capital improvement program, the fund is projected to finish 2012-
l3 fiscal year with a small amount of positive cash flow. These projections are dependent upon
revenues provided by the State and Federal budgets, which have yet to be approved.
Changes in Financial Position is included as part of the 2013 Transit Fund Review and show that
overall revenues are projected to meet or exceed expenditures in 2012-13, leaving a positive year-
end balance of $692,100. Should the final Federal apportionment be significantly reduced from
projected levels, use of transit reserve fund may be needed to support this deficit forthe immediate
shortfall.
The revised 2012-13 budget and projected funding for the 2013-14 Fiscal Year includes
assumptions of revenues in key funding sources that have seen signifrcant reductions by State
budget take-aways over the past three years. 'With the one-time State funding increases for FY 2014,
the fund is projected to end the 2013-14 fiscal year with a year-end working capital of $1,238,400.
A conservative budget is proposed, which minimizes capital projects, defers bus replacements and
maintains year-end reserves to address minor shortfalls in revenues.
Maintaining year-end working capital reserve funding is prudent for the following three reasons:
o Minimizing service-level impacts as a result of State and Federal budget reductions
o Minimizing service-level impacts as a result of purchased transportation operations and
maintenance contract costs
o Weathering volatile fuel prices
ALTERNATIVE
Modify the Fund Analysis. The City Council could choose to accept all or part of the 2013 Transit
Fund Review analysis as presented and direct staff to seek additional funding sources, defer capital
projects or provide transit operating cost reductions. Staff does not recommend this option as the
proposed fiscal forecast provides the best "snapshot" of funding at this time based upon the current
and the latest information provided by the State and Federal government. Staff will continue to
update the fiscal forecast and information on funding sources as received, with an intention to defer
capital projects if grant funds are not realized.
ATTACHMENTS
2013 Transit Enterprise Fund AnalysisI
2
aJ