CITY OF PASADENA
REQUEST FOR PROPOSALS
PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT 2021
November 3, 2020
TRANSIT DIVISION DEPARTMENT OF TRANSPORTATION
RFP Announcement CITY OF PASADENA REQUEST FOR PROPOSALS (RFP)
November 3, 2020
PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT 2021
Submittal: To be accepted and considered, proposals shall be submitted in three-ring binders and contain one (1) unbound original, seven (7) copies, and one PDF copy on a flash drive of the completed proposal which must be enclosed in a sealed package and addressed as stated on the cover sheet. The outside of the submittal package must be clearly marked: “PROPOSAL FOR THE CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT 2021”
Proposals must be received no later than 2:00 PM, PST on Tuesday, December 8, 2020. Proposals received after this deadline will not be considered.
Addressed to: Mark Jomsky, City Clerk City Clerk’s Office 100 North Garfield Ave., Suite S228 Pasadena CA 91109
Attn: Valerie Gibson, Transit Manager, DOT
[Note that the City Clerk’s Office is closed every other Friday, including December 4, 2020.]
All interested parties are requested to participate in a mandatory pre-proposal meeting at 10:00 AM Pacific Standard Time, Thursday, November 12, 2020, to be held online using Microsoft Teams. All parties registering their interest in this procurement with Valerie Gibson at [email protected] will receive a Teams invitation before 5:00 PM on November 10, 2020.
Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM PST. Monday, November 16, 2020, by email to:
City of Pasadena Department of Transportation Attn: Valerie Gibson, Transit Manager Email: [email protected]
City of Pasadena, Department of Transportation Page 2 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
Responses to any inquiries will be issued with an Addendum posted on PlanetBids and sent out via email no later than 5:00 PM, Monday, November 23, 2020.
Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.
The City of Pasadena is an equal opportunity employer. Qualified firms owned by women, minorities and disabled persons are encouraged to submit a proposal.
(Important: Email and faxed proposals will NOT be accepted and submissions of this sort will be disqualified from the competitive process.)
The tentative schedule and description of events for this process is [All times are Pacific Standard Time unless noted]:
Event Date 1. RFP Issued November 3, 2020 2. Mandatory Online Pre-Proposal Conference 10:00 AM, November 12 3. Deadline for submitting written questions 2:00 PM, November 16 4. Proposals Due [Note: Non-public opening.] 2:00 PM, December 8 5. Interviews Mon/Tue, December 21/22 6. Date for recommendation to City Council for award Monday, March 8, 2021 (date subject to change) 7. Contract Begins July 1, 2021
NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT
All responses to this Request for Proposal (RFP) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the Director of Transportation recommends a contractor to the City Council, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as “Trade Secret”, “Confidential” or “Proprietary”. Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
City of Pasadena, Department of Transportation Page 3 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA REQUEST FOR PROPOSALS PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT 2021
TABLE OF CONTENTS Page No.
Request For Proposals Announcement ...... 2 Table of Contents ...... 4 Section 1: Invitation for Proposals ...... 6 Section 2: Background and Summary of Service ...... 8 2.1 Background ...... 8 2.2 City of Pasadena Transit Funding ...... 13 2.3 Existing Contract ...... 14 2.4 Pending Issues ...... 14 Section 3: Procurement Process and Requirements ...... 18 3.1 Procurement Timeline ...... 18 3.2 Mandatory Online Pre-Proposal Meeting ...... 18 3.3 Written Questions ...... 18 3.4 Addenda ...... 19 3.5 Submission of Proposals ...... 19 3.6 Proposal Requirements ...... 20 3.7 Selection Process ...... 28 3.8 Procurement Terms and Conditions ...... 30 3.9 Protests ...... 31 Section 4 Compensation ...... 37 4.1 Contractor Compensation ...... 37 4.2 Estimated Service Levels ...... 38 4.3 Compensation in Option Periods ...... 39 4.4 Cost Proposal Instructions...... 39 4.5 Revenue Vehicle Audit Costs ...... 39 Section 5 Scope of Work ...... 48 5.1 Definitions ...... 48 5.2 City Responsibilities ...... 50 5.3 Contractor Responsibilities ...... 55 5.4 Performance Standards and Liquidated Damages ...... 93
City of Pasadena, Department of Transportation Page 4 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
Page No.
Section 6: Contract and Other City Requirements ...... 104 6.1 Standard Terms and Conditions ...... 104 6.2 Documents to be Construed Together ...... 104 6.3 Pasadena Living Wage Ordinance ...... 104 6.4 Additional Terms and Requirements ...... 104 Section 7: Required Proposal Forms ...... 106 7.1 Overview ...... 106 7.2 Required Forms . [Forms are posted on PlanetBids website] . . 106
Attachments to RFP 1 -- Transit Services Contract 2 – Federal Contract Clauses 3 – Insurance Requirements -Transit Services Contract 4 -- TVAIS Minimum Computer Hardware Specifications 5 – Pasadena Public Transit Revenue Vehicle Fleet 6 – Anticipated Fixed Route Service Levels February 2020 7 – RFP RC-DBE Instructions for Metro Subrecipient Agencies
Documents Posted to PlanetBids Website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021”
• Combined Pasadena Support Documents o Collective Bargaining Unit Information o CHP Terminal Inspection Reports, 2018 and 2019 o Current Agreement and Amendment 1 with First Transit o Liquidated Damage History, July 2018 - February 2020 o Vehicle Warranty Information o Wage Ranges and Benefits for Existing Hourly Employees Monthly • Management Report and Invoice for June 2019 • National Transit Database Report for FY2019
City of Pasadena, Department of Transportation Page 5 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA REQUEST FOR PROPOSALS PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT
SECTION 1 INVITATION FOR PROPOSALS
The City of Pasadena (City) is seeking the services of a qualified firm (Contractor) to operate and maintain City of Pasadena fixed route (known as Pasadena Transit) and Dial-A-Ride transit services. The Contract Term for the services provided under this Request for Proposals (RFP) will commence on July 1, 2021 and will consist of a Base Term of five (5) years and one (1) Option Term of a two (2) year period.
The City of Pasadena operates a fixed route community circulator that provides local transit service in Pasadena, that complements and feeds into the regional transit service provided by the Los Angeles County Metropolitan Transportation Authority (Metro) and Foothill Transit. Pasadena Dial-A-Ride service consists of the provision of shared, curb- to-curb transportation services to persons who live in the designated service area who are at least 60 years old or who are under 60 years old with a LACTOA Disabled Reduced Fare TAP card or Access Services membership.
Services for both Pasadena fixed route and Dial-A-Ride will be provided with City- owned vehicles and, if necessary, vehicles leased or owned by the City or Contractor.
Parties interested in responding are asked to submit one unbound original, seven (7) hard copies in three-ring binders and a PDF copy on a flash drive of the proposal to be received no later than 2:00 PM on Tuesday, December 8, 2020, addressed to:
Mark Jomsky, City Clerk City Clerk’s Office 100 North Garfield Ave., Suite S228 Pasadena CA 91109
Attn: Valerie Gibson, Transit Manager, DOT
[Note that the City Clerk’s Office is closed every other Friday, including December 4, 2020.]
No oral, electronic, facsimile, or telephonic proposals or modifications will be considered. Late proposals will not be accepted and will be returned unopened.
The City of Pasadena hereby affirms Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals, and will not be discriminated against on
City of Pasadena, Department of Transportation Page 6 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 the basis of race, color, national origin, ancestry, disability, gender, sexual orientation, or religion in any consideration leading to the award of the intended contract.
No qualified person with a disability shall, on the basis of handicap, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of the intended contract.
City of Pasadena, Department of Transportation Page 7 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 2 BACKGROUND AND SUMMARY OF SERVICE
2.1 BACKGROUND
2.1.1 Fixed Route Services
Pasadena has operated a fixed route community circulator serving the City since June 1994. The system currently consists of six (6) local fixed routes that complement and feed into the regional transit service primarily provided by the Los Angeles County Metropolitan Transportation Authority (Metro) and Foothill Transit. The City of Pasadena is responsible for managing its local system. This includes management of the service contract, maintenance of program records, and filing reports with regional, state, and federal agencies, including, but not limited to, the annual National Transit Database (NTD) report and numerous other applicable local, state, and federal reporting requirements.
The City presently provides 31 CNG buses for operation of its fixed route services with 21 being used in peak service. Two of these vehicles have been retained to maintain service levels during the COVID-19 pandemic and will be removed, if possible, from the City’s fleet if/when the emergency has passed. Contractors should anticipate receipt of 29 buses for operation of the City’s fixed route services.
The information below provides a “snapshot” look at Pasadena’s fixed route service for the last completed fiscal year submitted to the NTD, which ended June 30, 2019. Detailed operating information is provided below:
Pasadena Transit - Fiscal Year 2019*
Service Area: 23 Square Miles
Population based on Census Data: 141,371
Annual Passenger Trips: 1,489,376
Annual Service Hours: 70,816
Annual Service Miles: 726,888
Total Operating Expenses: $5,678,993
Annual Farebox Revenue: $687,525
Farebox Recovery Ratio: 12%
*As reported in the FY19 NTD Report.
City of Pasadena, Department of Transportation Page 8 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
2.1.1.2 Route Description Pasadena’s fixed route system is comprised of Base routes (routes that operate on main arterial roads connecting residential areas to the City’s major business districts) and Feeder routes (routes that operate in less-dense areas). These six routes create a network focused on the major business districts and the six Metro L Line (Gold) Stations in Pasadena. Two routes have a branch off the main trunk line, and one provides an abbreviated Saturday and Sunday route. The system map and other information is available in the 2019 Short Range Transit Plan at https://www.cityofpasadena.net/pasadena-transit/wp- content/uploads/sites/19/SRTP-1.pdf.
Route Type Description 10 Feeder East/West service between Old Pasadena, Caltech, Pasadena City College, and Allen Metro L Line Station. 20 Base Circular route serving North Lake Avenue, South Lake Avenue, South Fair Oaks Avenue, and North Fair Oaks Avenue, with service to four Metro L Line stations. 31/32 Base East/West route serving Northwest Pasadena, East Washington Blvd., and Sierra Madre Villa Metro L Line Station. 40 Base East/West service between Old Pasadena and Sierra Madre Villa Metro L Line Station. 51/52 Feeder North/South service between Jet Propulsion Laboratory, ArtCenter College of Design-North Campus, Old Pasadena, and ArtCenter College of Design-South Campus, with service to three Metro L Line stations. 51 Sat/Sun Feeder Serves Memorial Metro L Line Station and Rose Bowl. 60* Feeder Serves Pasadena City College, Pasadena Community Urgent Care, Sierra Madre Villa Metro L Line Station, and Hastings Ranch.* *Due to COVID-19, the Route 60 service was temporarily discontinued in August 2020 to reallocate those service hours to higher demand routes.
2.1.1.3 Service Description
Route 10, Colorado and Del Mar/Allen – Route 10 is a feeder line which operates on Colorado between Lake and Orange Grove; the eastern portion of the route operates on Del Mar and Allen. The route serves Old Pasadena, the Central and Playhouse Business Districts, Caltech, Pasadena City College and the Allen L Line Station. Ridership on this route is 13 passengers per service hour (as of FY2019).
Route 20, Fair Oaks/Lake – Route 20 provides a 2-way loop along the Fair Oaks and Lake corridors. The Fair Oaks corridor extends from Woodbury in the north to Glenarm in the south. The Lake corridor extends from Woodbury in the north
City of Pasadena, Department of Transportation Page 9 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 to California in the south. The Fair Oaks section serves the Jackie Robinson Center and Park, Old Pasadena, the Pasadena Senior Center, the Memorial Park, Del Mar and Fillmore L Line Stations, Huntington Memorial Hospital and Blair High School. The Lake section serves the North Lake and South Lake business areas, the Playhouse District and the Lake L Line Station. This is the most heavily utilized route in the system carrying 36 passengers per service hour (as of FY2019).
Route 31/32, Washington – Route 31/32 covers the Washington corridor between Lincoln and Altadena. The route is branched at Altadena with the Route 31 serving south Altadena and Foothill and the Route 32 branch serving north Altadena Drive, New York Drive and Sierra Madre Villa. The two branches terminate at the Sierra Madre Villa L Line Station. The routes serve John Muir and Pasadena High Schools, Jackie Robinson Center, North Lake Business District, the New York Drive business park and the Hastings Ranch shopping and business area. The route is heavily utilized carrying 29 passengers per service hour (as of FY2019).
Route 40, Villa/Orange Grove – Route 40 covers the Orange Grove and Villa corridors between the Sierra Madre Villa L Line Station on the east and the Memorial Park L Line Station and Old Pasadena on the west. The route serves Old Pasadena, Pasadena Senior Center, Civic Center and Hastings Ranch shopping and business area. Ridership on this route is also productive, carrying 19 passengers a service hour (as of FY2019).
Route 51/52, Linda Vista/South Raymond and JPL/South Raymond – the Route 51/52 feeds the Memorial Park, Del Mar and Fillmore L Line Stations. It provides a connection for the ArtCenter College of Design’s north and south campuses. The 52 leg of the route links the Jet Propulsion Laboratory (JPL) and the Linda Vista community with Old Pasadena and South Raymond. This route operates Monday through Friday, with service to JPL only in the morning and afternoon peak periods. During off-peak periods, the route runs approximately once an hour. Ridership on this route is 10 passengers per service hour (as of FY2019). Due to COVID-19 closures at the ArtCenter and JPL, temporary service changes were implemented.
Route 51 Saturday/Sunday – Route 51 operates a truncated version of its normal route on Saturdays and Sundays. This route provides service between the Memorial Park L Line Station and the Rose Bowl. [Productivity for Saturday/Sunday Route 51 service is included in the statistic above.]
Route 60, Hastings Ranch/Pasadena City College – Route 60 feeds the Sierra Madre Villa L Line Station. On the northeast end, the route serves the Hastings Ranch area, including La Salle High School, Pasadena City College Community Learning Center and Hastings Ranch Shopping Center. On the west end, the route serves Pasadena City College’s main campus and the Del Mar corridor
City of Pasadena, Department of Transportation Page 10 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 between Bonnie and Madre, and provides service to the Pasadena Community Urgent Care. This route operates Monday through Friday with morning and afternoon peak service only. Ridership on this route is 6 passengers an hour (as of FY2019). Due to COVID-19, the Route 60 service was temporarily discontinued in August 2020 to reallocate those service hours to higher demand routes.
2.1.1.4 Hours of Operation
The current general hours of operation for fixed route services are:
Weekdays: 6:00 a.m. to 8:00 p.m. Saturdays: 10:30 a.m. a.m. to 8:00 p.m. (Rt. 51s: 7:30 a.m. to 8:00 p.m.) Sundays: 7:30 a.m. – 5:00 p.m.
The City may vary its span of fixed route revenue service to be provided under this Contract.
There is no bus service on the following holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
When January 1st falls on a Sunday, the Tournament of Roses Parade will occur on Monday, January 2nd. When this occurs, due to the extensive street closures that are in place for the parade, the City may opt to suspend or reduce service on Monday, January 2nd.
2.1.2 Dial-A-Ride Service
Pasadena Dial-A-Ride started serving Pasadena residents in 1984, with service to San Marino residents starting in 1989. In 1990 the service was extended to L.A. County residents of the Kinneloa and East San Gabriel unincorporated areas. In 1993, L.A. County asked Pasadena to provide service to Altadena residents (Altadena is unincorporated). With Pasadena as the lead reporting agency, these three entities participate in a Metro Incentive Program that provides special funding to encourage service coordination. This funding is used by Pasadena to offset administrative costs for the program.
The City of Pasadena has responsibility for managing the Dial-A-Ride program. This includes managing the service contract, maintaining program records and filing reports with regional, state, and federal agencies, including, but not limited to, the annual National Transit Database (NTD) report and numerous other applicable local, state, and federal reporting requirements.
The City presently provides 13 cutaway and 2 minivan gasoline-fueled buses for operation of its Dial-A-Ride service with 12 used in peak service. It is anticipated that 16 buses will be provided under this contract for operation of Dial-A-Ride services.
City of Pasadena, Department of Transportation Page 11 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 2.1.2.1 Operating Information for Fiscal Year 2019
The following provides a “snapshot” look at the service provided by Pasadena Dial- A-Ride for the last completed fiscal year submitted to the NTD, which ended June 30, 2019:
Pasadena Dial-A-Ride: Fiscal Year 2019*
Service Area: 36+ Square Miles
Certified Individuals: 8,422
Wheelchair/Lift Boardings 2,324 3% Provided:
Trips Scheduled: 106,473
Trips Cancelled: 10,020 9%
Trips “No Showed”: 5,588 5%
Trips Provided: 90,865 85%
Passengers per Hour 3.9
23,564 Service Hours:
Service Miles: 250,801
*As reported in the FY19 NTD Report.
2.1.2.2 Service Description
Pasadena Dial-A-Ride is a shared ride, curb-to-curb transportation service provided to Pasadena, San Marino, Altadena and unincorporated LA County residents in our service area, who are at least 60 years old or who are under 60 years old with a LACTOA Disabled Reduced Fare TAP card or Access Services membership. Ridership trips are divided into three categories: advance reservations (up to five days in advance), subscription service and same day service. Note that this is not ADA Paratransit. There is a 20-minute pick-up “window” (five minutes before the schedule time to fifteen minutes after) with a travel or ride time of no more than 40 minutes.
The Dial-A-Ride service offers transportation throughout the cities of Pasadena and San Marino and the unincorporated areas of Altadena, Kinneloa, Chapman Woods and East San Gabriel. Altadena and other unincorporated LA County residents may travel up to two miles outside this area for medical trips only; this is
City of Pasadena, Department of Transportation Page 12 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 subject to change. The system map and other information is available in the 2019 Short Range Transit Plan at https://www.cityofpasadena.net/pasadena-transit/wp- content/uploads/sites/19/SRTP-1.pdf.
2.1.2.3 Hours of Operation
The hours of operation for Dial-A-Ride are:
Monday through Friday 7:00 a.m. to 8:30 p.m. Saturday, Christmas Eve & New Year’s Eve 9:00 a.m. to 6:30 p.m. Sunday 7:00 a.m. to 6:30 p.m.
The City may vary its span of Dial-A-Ride service to be provided under this Contract.
The beginning of the service span (e.g., 7:00 a.m.) is when the first trip(s) is scheduled for pick-up. The end of the service span (e.g., 8:30 p.m.) is when the last drop-off should be made; therefore, the last scheduled pick-up should be no later than 15 minutes before the last drop off.
There is no service on New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
2.2 CITY OF PASADENA TRANSIT FUNDING
The City of Pasadena’s public transit program is currently primarily funded through a combination of Local Return Funds from four Los Angeles County general sales tax measures, as well as passenger fare revenues, regional funding through Metro, bus shelter advertising revenues, and grants for capital and operating expenses.
2.2.1 Local Return Funding The City’s transit program receives Local Return Funds from four Los Angeles County general sales tax measures: Propositions A and C and Measures M and R. Each of these levies a ½ cent general sales tax for transportation purposes, a portion of which is returned to each city within the County based on population.
2.2.2 Passenger Fare Revenues
There is a fare charged on both fixed route and Dial-A-Ride services. The fare structure for fixed route includes a base fare, youth fare, and senior/disabled fare; when in place in the region, interagency transfers are also observed. TAP validators are installed fleetwide. The various passes that are loaded onto TAP cards and accepted on fixed route include, but are not limited to, Pasadena Transit monthly passes, EZ Pass, Pasadena Dial-A-Ride, and Access Services. On Dial-A-Ride, customers may pay with either cash or Stored Value loaded onto a TAP card.
City of Pasadena, Department of Transportation Page 13 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 2.2.3 Federal and State Transit Funds
The City of Pasadena is a subrecipient and therefore not presently a direct recipient of Federal or State formula assistance; however, as a subrecipient of both federal and state grant funds, and to facilitate qualification for any potential federal or state funding if offered in the future, this procurement is in compliance with state and Federal Transit Administration (FTA) contracting and procurement requirements.
2.3 EXISTING CONTRACT
The current contract for management and operation of Pasadena Transit and Dial-A- Ride is held by First Transit, Inc. and will terminate on June 30, 2021. First Transit or its predecessor firm, Coach USA, has held this contract since 2001. During the most recent completed contract year (July 1, 2019 – June 30, 2020), payments to First Transit totaled approximately $6.3 million, which, in addition to services the provided, included reimbursements for unanticipated costs due COVID-19, as well as a significant reduction in the fare deduction from service invoices due to a temporary suspension of fares. As part of the current operations and maintenance contract, the current contractor is responsible for providing the primary operations and maintenance facility, Dial-A-Ride scheduling software, non-revenue vehicles, and any other equipment required to provide their services to the City of Pasadena. The current Contract between the City and First Transit, including Amendment No.1, is posted on the PlanetBids website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021”
A sample copy of the contractor’s Monthly Management Report and Invoice for June 2019 is also posted to the PlanetBids website as is the contact information for the two collective bargaining units representing the Contractor’s employees.
2.4 PENDING ISSUES
The following issues, new programs and possible service changes may impact this contract and should be taken into consideration in the submission of any proposal.
COVID-19 Response
In response to COVID-19, a number of measures were put into place to help protect operators and customers. These measures have included: requiring face coverings (operators and customers); enhancing cleaning of buses during and after service; blocking off certain seats on vehicles; temporarily suspending fares and implementing rear door boarding on vehicles which have rear doors; installing plastic barriers on all vehicles next to the driver, with a program in place to install permanent sustainable barriers to protect the driver area; a reallocation of fixed route service hours from lesser
City of Pasadena, Department of Transportation Page 14 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 demand routes to higher demand routes to help facilitate social distancing; reduced maximum passenger capacities; provision of special early hour trips on Dial-A-Ride for “senior” hours at grocery stores; delivery of food from a local food bank to Dial-A-Ride customers; among other approaches to coordination with the contractor to ensure service remains fully available to the public.
To date there has not been any net service reduction in contracted service hours. The majority of the measures implemented are expected to continue as long as the pandemic continues. It is anticipated that fares and front door boarding will resume when permanent driver protective areas are installed.
Operations and Maintenance Facility
The City does not own an Operations and Maintenance facility. The City is actively pursuing a location to own for these purposes. It is not certain that this will be resolved during the term of the upcoming transit services contract.
Electrification Plan/ Zero Emission Bus (ZEB) Acquisition
The California Air Resources Board Innovative Clean Transit (ICT) Rule requires that beginning in 2026 25% of the City’s transit vehicle orders must be Zero Emission Buses (ZEB), with 100% of vehicle orders by 2029, and that 100% of the fleet be ZEB by 2040. By 2023, this rule also requires that the City submit a ZEB Roll-Out Plan. As such, in cooperation with the Cities of Burbank and Glendale, collectively referred to as the “Arroyo Verdugo Region Transit Operators,” work is proceeding on the development of a study for each City which is intended to evaluate the feasibility of transitioning each agency’s transit fleet to ZEB (with a current focus on battery electric buses), and to identify the associated charging infrastructure, energy requirements, and site requirements. The Draft Study is anticipated to be submitted to the City in May 2021 and the Final Study in August 2021.
During the term of this contract, the City may purchase ZEB’s; however, this is contingent upon the outcome of the study, grant funding opportunities, or direction of City Council. The selected contractor will be expected to be able to provide the expertise and staff training necessary to successfully operate ZEB’s, at no additional cost to the City.
2019 Short Range Transit Plan Recommendations
City of Pasadena Transit Division staff completed a Short Range Transit Plan in 2019 which can be found at https://www.cityofpasadena.net/pasadena-transit/wp- content/uploads/sites/19/SRTP-1.pdf. The Plan contained various recommendations for Pasadena Transit and Dial-A-Ride. To date, three of these recommendations have been implemented for Pasadena Transit and two for Pasadena Dial-A-Ride.
The three implemented recommendations for Pasadena Transit are:
City of Pasadena, Department of Transportation Page 15 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Identified funding for Routes 20 and 31/32 to continue service that was added per grant funding • Implemented Sunday service • Increased peak frequency on Route 20 to approximately 18 minutes (prior to COVID-19)
The two implemented recommendations for Dial-A-Ride are: • Identified funding to continue service that was added per grant funding • Implemented Dial-A-Ride notification technology to notify users that their Dial-A- Ride vehicle is arriving
Additional funding is being sought to implement the remaining recommendations, including: • Increase weekday frequency on Route 10 • Operate earlier on Saturdays • Increase Saturday frequency on Routes 10 and 20 • Extend weekday PM hours on Routes 10, 20, 31/32 & 40 • Modify Route 40
There is no timeline for implementation of the remaining recommendations, as they are contingent upon identifying additional funding.
Assumption of Metro Services, Lines 177 & 256
Metro is proposing to coordinate with Pasadena Transit for Pasadena to assume Metro Lines 177 and 256 as part of the Metro Nextgen Plan which would entail up to 30,000 additional annual vehicle revenue hours and up to thirteen additional vehicles in the fleet. This is still in negotiations with Metro and would need City Council approval; therefore, it may or may not be implemented. For purposes of this proposal, operation of the Base Service Level and these Metro lines is being addressed as the “Optional Service Level.” See RFP Section 4.4, Cost Proposal Instructions for information on costing this option.
Interest in Microtransit and TNC Service Alternatives
The City has been researching and considering possible service alternatives that would utilize microtransit and Transportation Network Companies (TNCs), such as Uber and Lyft, to increase the efficiency and attractiveness of Dial-A-Ride and fixed route transit services at little or no increase in total system costs. Offerors with experience implementing and operating service alternatives utilizing microtransit and/or TNCs are invited to describe their experience and possible applications of these services to the City’s transit program.
Additional Services
The City’s transit program occasionally operates services in addition to its scheduled fixed route and Dial-A-Ride for special events and destinations within the City. Most
City of Pasadena, Department of Transportation Page 16 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 additional service requests, such as for events at the Rose Bowl, occur on an irregular basis and typically with a minimum of several weeks advance notice. City staff works closely with the Contractor on implementation of these services.
City of Pasadena, Department of Transportation Page 17 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 3 PROCUREMENT PROCESS AND REQUIREMENTS
3.1 PROCUREMENT TIMELINE
Note that all times are Pacific Standard Time.
Request for Proposals Issued November 3, 2020 Mandatory Online Pre-proposal Conference 10:00 AM, November 12 Deadline for Submission of Questions 2:00 PM, November 16 Final Addenda and Answers Issued November 23 PROPOSALS DUE 2:00 PM, December 8 Evaluation Period Dec 9 – Dec 18 Interviews Mon - Tues, Dec 21-22, 2020 Contract Award (subject to change) Monday, March 8, 2021 START OF SERVICE July 1, 2021
3.2 MANDATORY ONLINE PRE-PROPOSAL MEETING
A mandatory online pre-proposal conference will be held on Thursday, November 12, 2020, at 10:00 AM PST using Microsoft Teams. Proposers should contact the City at [email protected] if they intend to attend the meeting. Responding individuals will be emailed a Microsoft Teams invitation to participate in the Pre- Proposal Meeting no later than 5:00 PM on Tuesday, November 10.
3.3 WRITTEN QUESTIONS
Proposers must submit ALL questions and requests for clarification or additional information regarding the meaning or intent of this RFP by email no later than 2:00 PM PST on Monday, November 16, 2020 to:
City of Pasadena Department of Transportation Attn: Valerie Gibson, Transit Manager Email: [email protected]
Questions regarding this Request for Proposals should be directed only to the person(s) designated above. Do not contact any other City employee or official regarding this RFP. The City will not respond to questions received after the deadline. Responses to the questions will be posted on-line at the PlanetBids website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021” and will be emailed to all firms on the City’s initial distribution and any others who have registered with the City. All communication regarding this RFP between the City and proposers will be documented and distributed simultaneously to all proposers.
City of Pasadena, Department of Transportation Page 18 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
Proposers downloading the RFP and related documents from the PlanetBids website will receive email notifications through PlanetBids of any posted responses to questions and other updates available to view and upload. Interested proposers are also requested to email [email protected] to register their interest in receiving responses to questions and other updates.
3.4 ADDENDA
Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in Section 3.3, above. Copies of such addenda will be posted on the PlanetBids website and emailed or otherwise transmitted to those persons who have notified the City of their interest in this procurement.
No later than Monday, November 23, 2020, the City will issue an addendum accompanied by responses to all questions received by the indicated deadline. Proposers shall acknowledge receipt of all addenda on Form 3, Addenda Acknowledgement.
3.5 SUBMISSION OF PROPOSALS
Proposals will be delivered and addressed to:
Mark Jomsky, City Clerk City Clerk’s Office 100 North Garfield Ave., Suite S228 Pasadena CA 91109
Attn: Valerie Gibson, Transit Manager, DOT
[Note that the City Clerk’s Office is closed every other Friday, including December 4, 2020.]
No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered. Proposals received after the submittal deadline will be returned unopened.
Proposals will not be opened publicly and the City will endeavor to keep the proposals confidential until a preferred proposer is recommended to the City Council.
City of Pasadena, Department of Transportation Page 19 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6 PROPOSAL REQUIREMENTS
3.6.1 Preparation of Proposals
3.6.1.1 Number of Copies Proposals must include one (1) unbound original, seven (7) copies in three-ring binders, and one (1) pdf copy on a flashdrive. The sealed submittal package must be clearly marked: “PROPOSAL FOR THE CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT 2021”
Proposal should be as brief as possible, and address each item requested in this Request for Proposals.
3.6.1.2 Additional Materials
If Proposer wishes to submit material and data that is not specifically requested, such data shall not be included in the body of the proposal, but as a separate attachment or exhibit.
3.6.1.3 Required Signatures
If an individual submits the proposal, it shall be signed with the full name and address of the Proposer. If it is submitted by a partnership, it shall be signed with the partnership name and by an authorized general partner, and the full name and address of each general partner shall be given. If it is submitted by a joint venture it shall be signed with the full name and address of each partner thereof. If it is submitted by a corporation, it shall be signed by the president or designated officer of the corporation. Formal proof of authority, such as the corporate resolution or minutes must be provided. A simple letter is not sufficient. In all cases, each signature must have the proper acknowledgement of execution attached to Form 2, Proposal Questionnaire.
3.6.1.4 Restrictions
More than one proposal from an individual, firm, partnership, corporation, joint venture, or association under the same or different name will not be considered. The City will accept no telegraphic, telephonic, or faxed proposal or modification to a proposal.
3.6.2 Contents of Proposal
Proposals must include, but need not be limited to, the following information. Proposers should review the Proposal Criteria in Section 3.7.1 and ensure their submissions address these areas. The proposal will be evaluated by the City and shall include, at a minimum, the following information:
City of Pasadena, Department of Transportation Page 20 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6.2.1 Executive Summary This section shall provide a brief description of the services to be provided and highlight the major points of the proposal.
3.6.2.2 Proposer Background and Experience Provide a minimum of four public agency references for similar work that your firm has provided within the last three (3) years. At least two (2) of these references should be for projects within the State of California, if possible. For each agency reference include a detailed description of the services, the agency name, contact name, email address and phone number, and dates these services were performed.
3.6.2.3 Financial Viability
Proposer must provide a full detailed and audited presentation of the true condition, for the last three (3) fiscal years, of the Proposer’s assets, liabilities, and net worth. This must be either an audited financial statement or reviewed financial report. The report documentation provided must include a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate that the Proposer possesses adequate financial resources and stability to fulfill their obligations under the terms of the contract, should they be selected. If requested by the Proposer, such information shall be treated as confidential by the City and shall not be subject to public disclosure. These documents must depict the financial status of that entity, subsidiary, division or subdivision thereof, which will actually perform service. If the Proposer is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. Consolidated balance sheets and profit/loss statements depicting the financial status of a Parent Corporation or joint venture shall not be considered an acceptable response. In the event funds are to be borrowed to finance any portion of the operations of service, a letter-of-intent from the bank or other lending City must be attached, indicating the minimum amount which will be loaned and any applicable percentage rate. The letter-of-intent may contain the qualification that the loan will only be consummated upon award of a contract by the City.
3.6.2.4 Insurance The insurance requirements of this RFP will be considered minimum requirements and must be complied with in every respect. The minimum insurance requirements are detailed in Attachment 1, Transit Services Contract, and Attachment 3, Insurance Requirements to this RFP. Proposer must explain basis of costing of insurance program.
City of Pasadena, Department of Transportation Page 21 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 Proposer must include a letter from an underwriter that they have the ability to obtain required insurance with coverage values that meet minimum requirements. Proposal must clearly identify any Self Insurance or Self Insured Retentions (SIR) and the dollar amount thereof. Proposer must state renewal dates and must provide a statement of loss experience for the previous five (5) years. The statement of loss experience must also identify any claims which may be pending at the present time.
3.6.2.5 Personnel
The Proposer shall include an organizational chart showing the names of all proposed Key Personnel and, if available, Required Management and Staff. For each employee category, the organization chart must show the Full Time Equivalent (FTE) positions to be provided based on a total of 2040 annual labor hours per FTE. Form 13, Hourly Employee Wage Scales, shall be completed and included in proposal. A resume shall be included for each Key Personnel position – that is, General Manager, Assistant General Manager and Maintenance Manager – and must include, at a minimum, the following information:
• Previous work and transit experience with responsibilities and dates shown for each position; • Education and training applicable for the position being proposed; and • Sufficient additional information to demonstrate that individual satisfies City’s requirements for the respective position as stated in Section 5.3.2.1 Key Personnel.
If specific individuals are known and being proposed for positions that are not Key Personnel, please identify and provide resumes or background information to facilitate the evaluation of your proposed staffing. If specific individuals are not known for a position, describe the qualifications for that position and how you will go about recruiting and filling such positions.
3.6.2.6 Accounting and Reporting
The Proposer must detail an adequate computerized management information system to implement and maintain the data collection accounting and reporting requirements of the RFP and provide samples of operating and accounting reports to be produced. Proposer must demonstrate their familiarity with collection requirements of the National Transit Database (NTD).
3.6.2.7 Facility Description
The City does not own a transit operations and maintenance facility for its fixed route and Dial-A-Ride services. To date, the primary operations and maintenance
City of Pasadena, Department of Transportation Page 22 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 facility at 303 North Allen Avenue in Pasadena has been provided by the contractor under a lease they have with the property owner.
In addition, there are two satellite locations currently used for parking overflow that are provided by the City. (1)The City currently has a contract with Pasadena Unified School District (PUSD) to park up to seven buses at their facility located at the corner of Woodbury and Canada. (2) A City-owned lot at 2180 East Foothill Blvd. is used for parking and storage of up to approximately twelve vehicles (depending on the size of the vehicles). This lot, which is at the south end of the parcel, is currently used for the daily deployment of Dial-A-Ride vehicles. Access to this lot is off of the north side Walnut Street, just east of Craig Avenue. Proposing firms may assume the two satellite parking locations currently provided by the City will be available to them, if needed, for overflow parking at no cost. Contractor is under no obligation to utilize these satellite parking facilities.
For a primary operations and maintenance site, proposing firms may either identify an alternate location(s) and/or work with the current lease holder of the 303 North Allen Avenue location, First Transit, to negotiate potential use of the existing location. For more information on the current lease, proposing firms can contact the First Transit Director of Real Estate Steve Collinson at [email protected]. First Transit is not contractually obligated by the City of Pasadena to sublet the facility.
Although the City prefers that the facility be located within the City of Pasadena, it recognizes the limited availability of suitable properties. Consequently, the City will entertain locations within an operationally feasible distance of the city limits or the use of more than one location to conduct the operations and maintenance. If proposing a facility outside the City, Proposers shall detail how deadhead mileage will be minimized on City vehicles.
The Proposer shall provide a detailed description of their proposed facility where the City’s transit services will be operated from and where vehicles will be maintained and stored during the term of this Contract. Proposal shall include information as it may pertain to Section 5.3.9, Operations and Maintenance Facility, including the address of the facility size and features of the facility, maintenance capabilities, storage capacity and the number of vehicles to be stored there, administrative office space, phone/communication systems, computer network capability, security, and any other significant features. Facility description shall include the straight-line distance in miles from the intersection of Fair Oaks Avenue and Colorado Boulevard and the legal status of the facility being proposed, that is, whether it is presently leased or owned by Offeror or an offer to lease has been submitted to property owner.
City of Pasadena, Department of Transportation Page 23 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6.2.8 Start-Up Plan
The Proposer shall submit a proposed start-up and transition plan setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of award through the first full month of system operations under the new contract. The plan must provide for the transition to a new Contractor on July 1, 2021 with no disruption to regular City of Pasadena fixed route and Dial-A-Ride service. The proposed transition plan shall explain the Proposer’s approach, which will be a major factor in proposal evaluation. The start-up plan shall address:
3.6.2.8.1 Employee Recruitment
Explain plan for recruiting employees for operations using the start date provided in the Scope of Work.
3.6.2.8.2 Employees of Prior Operator
The Contractor shall be subject to and comply with the provisions of California Labor Code Sections 1070-1074 regarding retention of employees of the prior contractor. Nothing in this Section shall be construed as (A) requiring the Contractor to recognize any union which represented the workforce of the prior contractor (except as may otherwise be required by applicable law); or (B) requiring the Contractor to assume or otherwise be bound by the terms and conditions of any collective bargaining Contract between that prior service provider and any union. Posted on the PlanetBids website is the document Wage Ranges and Benefits for Existing Hourly Employees which contains the data specified in Labor Code Section 1072(c)(1) detailing the number of existing hourly employees by job classification, wage rates and benefits. Contact information of the two collective bargaining units is also posted on the PlanetBids website.
3.6.2.8.3 Transit Labor Protection (Title 49 5333(b)) The City will receive federal funding during the term of the Contract. Proposer will address how employees will be protected as required by Section 5333(b) of Title 49.
3.6.2.8.4 Facility Phasing Explain the status of the proposed facility and timeline for making necessary improvements to begin service.
City of Pasadena, Department of Transportation Page 24 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6.2.9 Operating Plan
3.6.2.9.1 Staffing Plan Provide a comprehensive list of all positions (as Full Time Equivalent figures) and a brief description of the job assignments. Include every position to be provided within your proposal. Describe the level of operators, road supervisors, and dispatchers that will be provided under the contract to ensure consistent and reliable service; including the use of extra board or cover operators.
3.6.2.9.2 Training Program
Provide an outline of the proposed Operator Training Program, including minimum number of training hours for new and experienced operators. Detail the training to be provided to maintenance employees, dispatch staff and other personnel, including the topics, hours of instruction and frequency of training. Specify who will be providing this training and where it will be given.
3.6.2.9.3 Safety Program Provide (1) safety performance data for the past five (5) years of your firm’s public transit contracts, including, at a minimum, NTD reportable accidents and accidents per 100,000 vehicle miles; and (2) an outline of Proposer’s Safety Programs and Policies.
3.6.2.9.4 Dial-A-Ride Reservation and Scheduling Plan Provide a description of the reservation and scheduling process and software that is proposed for this contract. Indicate staffing and provide sample forms used in other contract services and/or as applicable for this proposal. If applicable, provide a listing of other Contractor projects where the same software program is used, the length of time it has been operational, and the name and contact information (phone and email address) for each client agency’s representative. Clearly identify any rider- facing service features that are being proposed and if they are included in the proposed price or are an additional cost.
3.6.2.9.5 Vehicle Arrival System and Video Surveillance Experience Provide a description of experience with vehicle arrival and video surveillance systems and implementation/start-up of such systems. Also, specifically state if your firm has any experience with the Connexionz real time arrival information system and/or REI video surveillance system.
City of Pasadena, Department of Transportation Page 25 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6.2.9.6 Non-Revenue Vehicles Provide a description of the non-revenue vehicles that will be provided, including, at a minimum, make, model, year of manufacture and current lifetime mileage.
3.6.2.10 Maintenance Plan 3.6.2.10.1 Preventive Maintenance Program Present the preventive maintenance plan including the inspection classes, specific actions, and intervals; the daily work assignment plan; and the procedures to insure fleet readiness and reliability.
3.6.2.10.2 Subcontracted Maintenance Outline which work will be in-house and which work will be performed by outside vendors.
3.6.2.10.3 Maintenance Personnel Indicate the number of personnel dedicated to maintaining all vehicles. Indicate the total number of FTE’s by position using the Mechanic definition included in the Scope of Work. Include the proposed experience of the maintenance personnel.
3.6.2.11 Cost Proposal All Proposers must complete the Cost Proposal Base Service Level (Form 12) and Cost Proposal Optional Service Level (Form 12A) shown in Section 4, Contractor Compensation, of this RFP. Excel versions of these forms are available on the PlanetBids website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021”
The forms must be filled out completely and include all the information requested.
3.6.2.12 Required City Forms Each Proposer must submit all forms listed in Section 7, Required Proposal Forms. Any proposal which does not include all of the items outlined may be deemed non-responsive and rejected from further consideration.
3.6.3 Proof of Authority If the Proposer is a corporation, formal proof of the authority of the officer signing the proposer's proposal to bind the corporation must be submitted with Form 2, Proposal Questionnaire. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient.
City of Pasadena, Department of Transportation Page 26 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.6.4 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is expected to maintain an availability of service as set forth in its proposal for at least two (2) months after the proposed start of service date of July 1, 2021.
3.6.5 Federal Requirements
Each Proposer shall submit all components of the Federal Requirements outlined in Attachment 2, Federal Contracting Clauses.
3.6.6 Race Conscious Disadvantaged Business Enterprises
In conformance with title 49 CFR Part 26, the City of Pasadena has established a project specific goal of 3.6% for Race Conscious Disadvantaged Business Enterprises (RC-DBEs). The Proposer is required to meet this goal or demonstrate Good Faith Efforts as a condition of the award of this Contract. Proposer shall complete and submit Form A, “Bidders List” and Form B, “Local Agency Proposer RC-DBE Commitment” at the time of proposal submittal. Form C, “RC-DBE Information - Good Faith Efforts” is required if the Proposer is unable to meet the established DBE project specific goal and is to be submitted in a sealed envelope with the proposal. [Forms A – D are contained in Attachment 7 to this RFP.]
3.6.6.1 The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority’s (Metro’s) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). The City has set a contract specific goal of 3.6% for this project. Contractor shall furnish all documentation satisfactory to City that the work committed to RC- DBE’s was actually performed by RC-DBE’s. Requests for progress payments shall include a summary of payments actually made to RC-DBE’s during the invoice period (Form D), which includes a total of all payments made to all subcontractors under this Contract. RC-DBE participation shall be credited toward the overall RC-DBE goal only when payments are actually made to the RC-DBE firms. Contractor shall be prepared to submit with its monthly report, Form D. 3.6.6.2 As there is a RC-DBE goal on this Contract, the Proposer, in order to be considered responsible and responsive, must meet the contract specific RC-DBE goal identified or make Good Faith Efforts to meet the goal established for the Contract. If the goal is not met, the Proposer must document adequate Good Faith Efforts. Only RC-DBE firms certified through the CUCP will be counted towards the contract. Please refer to Attachment 7 to this Request for Proposals for further information and instructions.
3.6.6.3 Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by Contractor to carry out these requirements is a material breach of this Contract,
City of Pasadena, Department of Transportation Page 27 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 which may result in the termination of this Contract or such other remedy, as City may deem appropriate.
3.7 SELECTION PROCESS
This Section describes the process by which proposals will be evaluated and a selection made for a potential award. The approach and procedures are those which are applicable to a competitive negotiated procurement whereby proposals are evaluated by an Evaluation Committee, which may determine which proposals are within a competitive range. Discussions and negotiations may then be carried out with Proposers within the competitive range, after which Best and Final Offers (BAFO’s) may be requested. However, the City may select a proposal for award without any discussions or negotiations or requests for any BAFO(s). Proposals will be evaluated based upon consideration of the criteria of “Minimum Qualifications” and “Evaluation Criteria.” Final determination of a Proposer’s qualification will be made based upon all the evaluation criteria and information received during the evaluation and interview process. Award will be to a responsive and responsible Proposer for the proposal which is found to be most advantageous to the City on a “best value” basis, with price and other factors considered. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking, nor award to the Proposer with the lowest Price Proposal if doing so would not be in the overall best interest of the City. The “Evaluation Criteria” are listed in relative order of importance. As proposals are considered by the City to be more equal in their technical merit, the evaluated price becomes more important so that when technical proposals are evaluated as essentially equal, price may be the deciding factor.
3.7.1 Evaluation Procedures and Criteria Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone. The competitive selection evaluation criteria are as follows:
Evaluation Criteria Points Work Plan 30 • Depth of Offeror’s understanding of City’s requirements set forth in the Scope of Work • Overall quality of work plan • Logic, clarity and specificity of work plan • Appropriateness of labor distribution among the activities • Ability to meet all service start dates • Reasonableness of service operations as proposed • Proposed Start-Up Plan and Schedule • Bus cleaning program • Preventive maintenance program • Facility location and amenities • Training program • Customer service program • Safety program • Utilization of technology in operations
City of Pasadena, Department of Transportation Page 28 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Quality control and quality assurance programs • Utility of suggested technical or procedural innovations
Past Performance 20 • Demonstrated experience in performing work of a similar nature • Safety record • Experience working with public agencies • Strength and stability of the firm • Strength, stability, experience, and technical competence of subcontractors and/or 3rd party providers (e.g., software, communications systems, etc.) • References with demonstrated success in providing similar services • Assessment of client references and information provided • Demonstrated experience with projects of a similar nature to meet on-time performance and data collection requirements • Demonstrated experience in initiating a new service and adapting to changing service requirements • Demonstrated experience with unique technologies present, including CNG-fueled vehicles and real-time arrival information technology • Demonstrated experience in compliance with all applicable Federal, State, and Local guidelines and requirements Staffing, Project Organization, and Management Plan 30 • Qualifications and experience of project staff, particularly Key Personnel • Key Personnel's level of involvement in performing related work outlined in the Proposer Background and Experience • Logic of project organization • Overall quality of the Staffing Plan • Labor relations record • Employee selection and retention record Price Proposal 20 • Reasonableness of total price and competitiveness of amount with other offers • Adequacy of data in support of figures quoted • Wage and benefit levels proposed for employees • Reasonableness of unit price • Basis on which prices are quoted Subtotal Points 100 Bidding Preference for Retention of Employees [10%] (Note 1) 10 Total Possible Points 110 (1) See 5.3.3.4 Retention of Existing Employees
3.7.2 Minimum Qualifications The following are the requirements for qualifying responsible Proposers, all of which must be met by a Proposer:
• Sufficient financial strength and resources and capability to finance the work to be performed and complete the Contract in a satisfactory manner; • Ability to obtain required insurance with coverage values that meet minimum requirements; • Evidence that the human and physical resources are sufficient to perform the Contract as specified and assure the level of service required; and
City of Pasadena, Department of Transportation Page 29 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Evidence that the Proposer possesses the qualifications and experience necessary to perform adequately and meet Contract requirements based on past performance and client references.
3.7.3 Interviews
If needed, interviews may be scheduled with the proposing firms determined by the City to be within the competitive range and will be held on the dates shown in Section 3.1, Procurement Timeline. City is under no obligation to conduct interviews or to interview all firms submitting proposals. If conducted, interviews will be conducted online using Microsoft Teams and are anticipated to be no longer than 90 minutes in duration. Firms being interviewed may involve no more than seven (7) individuals as participants in the interview, which MUST include the proposed General Manager, Assistant General Manager, Maintenance Manager and the Regional or Corporate Manager to whom the General Manager will report. Further interview instructions will be provided to the firms invited for interviews.
3.8 PROCUREMENT TERMS AND CONDITIONS
3.8.1 Withdrawal of Proposals
Any proposer may withdraw its proposal, either personally or by written (paper or email) request at any time prior to the time set for the opening of proposals. In such event, the proposal will be returned to the proposer unopened. The withdrawal of a proposal does not prejudice the right of the proposer file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
3.8.2 Reservations
The City reserves the right to reject any or all bids and any item or items therein, and to waive any non-conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.
3.8.3 Rejection of Proposals
Failure to meet the requirements of the Request for Proposals will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.
3.8.4 Errors and Omissions Proposer and/or the Contractor shall not be allowed to take advantage of any errors in or omissions from the Request For Proposals. Full instructions will be given if such error or omission is discovered and called to the attention of the City in a timely manner.
City of Pasadena, Department of Transportation Page 30 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 3.8.5 RFP Not Contractual Nothing contained in this Request for Proposals shall create any contractual relationship between the Proposer and the City. The City accepts no financial responsibility for costs incurred by any Proposer regarding this RFP.
3.8.6 Ethics in Public Contracting Each proposer, in submitting a bid, certifies it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a bid, the proposer certifies its bid was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the offer, and that it has not conferred on any public employee, public member, or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Pasadena. A completed and signed “Non-Collusion Declaration” is required (Form 9).
3.9 PROTESTS Federal and City policy require that all prospective contractors be accorded fair and equal consideration in the solicitation and award of contracts. To that end, any interested party shall have the right to protest alleged inequities in the procurement process and to have its issues heard, evaluated, and resolved administratively. “Interested party” is defined as an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award a contract.
Each solicitation above the small purchase threshold as defined herein shall contain, as part of the instructions to proposers/offerors, the following notice:
For this procurement, the City is following recommended Federal policy and procedures for the administrative resolution of protests as set forth herein. The policy contains rules for the filing and administration of protests. The Project Manager shall furnish a copy of City’s policy upon request. Chapter VII, Sec. 1.b. of Federal Transit Administration (FTA) Circular 4220.1 F addresses protests where federal funds are involved. The Federal Transit Administration (FTA) will only review protests regarding matters that are primarily of Federal concern.
3.9.1 Submittal Procedures
An interested party wishing to protest a matter involving a proposed procurement or contract award shall file a written submission with: Laura Cornejo, Director Department of Transportation City of Pasadena 221 E. Walnut St., Suite 210
City of Pasadena, Department of Transportation Page 31 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 Pasadena CA 91101 Or by email to: [email protected]
Submissions must be by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests is not acceptable unless an original signed copy of the protest is received by the Director within 24 hours (not including weekends and holidays) after receipt of the electronic copy. The Director may, however, permit the electronic provision of supplemental information after the initial protest submittal. The protest shall include, at a minimum: (a) The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party; (b) Identity of the contact person for the protestor, including name, title, address, telephone, fax and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party; (c) Identification of the procurement; (d) A description of the nature of the protest, referencing the portion(s) of the solicitation involved; (e) Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based; (f) A compete discussion of the basis for the protest, including all supporting facts, documents, or data; (g) A statement of the specific relief requested; and (h) A notarized affirmation by the protestor (if an individual) or by an owner or officer of the protestor (if not an individual) as to the truth and accuracy of the statements made in the protest submittal.
The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced with an appropriate link.
Protests shall be submitted in accordance with the requirements of this chapter and any directions included in the solicitation and shall be addressed to the Department Director or designee. Unless otherwise specified in the solicitation, the written protest shall be accompanied by an electronic copy in PDF format on flash drive. In case of a variance in the content of the written and electronic submittals, the written version shall prevail.
The Project Manager, or an assigned alternate City manager in cases where the conduct of the Project Manager for the procurement is called into question, shall conduct the administrative processing of protests filed with City, and shall be responsible for the processing, documenting a protest, and recommending a decision to the Department Director or designee. The Department Director or designee shall request legal counsel to review and advise concerning any legal issues involved in a protest.
City of Pasadena, Department of Transportation Page 32 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 The Department Director or designee shall be responsible for overseeing the decision process and for the content of the decision. The Director shall ensure that all relevant parties within City have been involved in the decision-making process and shall, as circumstances require, obtain the concurrence of the City Manager or other personnel in a decision prior to its issuance.
City may decide a protest solely upon the written submission. The protest submission should, therefore, include all materials necessary to support the protester’s position. Additional or supplemental materials may only be submitted at the request of, or with the permission of, the Department Director or designee.
If the procurement uses federal funds, a notice of receipt of a protest must be given to the appropriate regional office of the FTA. The form of notice may be specified by the regional office.
3.9.2 Protests of the Solicitation Process
A protest related to the technical scope or specification, terms, conditions, or form of a solicitation must be received no later than ten (10) working days prior to the date established for opening of bids or receipt of proposals; if the protest addresses an amendment to the solicitation, it must be received no later than ten (10) working days prior to the date established for opening bids or receipt of proposals or five (5) working days after the date of issuance of the amendment, whichever is later; in no event, however, may a protest of this nature be submitted after bids or proposals are received. The protest must conform in all respects to the requirements set forth above.
Upon receipt of such a protest, the Department Director or designee shall notify all prospective offerors and other known interested parties of the receipt and nature of the protest and shall post a notice of the protest on City’s procurement web page. Unless the Department Director or designee determines that delay will be prejudicial to the interest of City or that the protest patently lacks substantial merit, the solicitation process will be extended pending resolution of the protest.
Protests will be considered and either denied or sustained, in part or in whole, by the Department Director or designee in writing. A written decision specifying the grounds for sustaining all or part of or denying the protest will be transmitted to the protestor prior to the receipt of bids or proposals in a manner that provides verification of receipt.
A notice of the decision shall be provided to all parties given notice of the protest and posted to City’s procurement web page.
Should the protest be upheld in whole or in substantial part, the Project Manager may either (1) amend the solicitation to correct the document or process accordingly; or (2) cancel the solicitation in its entirety. If the solicitation is amended, the time for receipt of bids or proposals shall be equitably extended to permit all participants to revise their bids or proposals to reflect the decision. If the protest is denied, the solicitation shall proceed as if the protest had not been filed, unless the protester pursues the protest
City of Pasadena, Department of Transportation Page 33 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 with the FTA, or otherwise appeals the decision of the Department Director or designee, as defined below.
Protests received by City after the time periods specified above shall be considered untimely and may be denied on that basis unless the Department Director or designee concludes that the issue(s) raised by the protest involves substantial prejudice to the integrity of the procurement process.
3.9 3 Protests of the Evaluation Process
All proposers will be notified of the recommended award, upon a determination by Project Management staff of a recommendation to be made to the City Manager, or the City Council, as appropriate. This notice will be transmitted to each proposer at the address contained in its proposal form and shall be posted on the procurement page of the City website. Transmittal may be by electronic means or by hard copy. Any proposer whose proposal is valid at the time of the staff determination may protest the recommended award on one or more of the following grounds: (a) That the recommended awardee does not meet the requirements of the solicitation; (b) That the bid or proposal recommended for acceptance does not meet the criteria of the solicitation or award; and (c) That the evaluation process conducted by City is improper, illegal, or the decision to recommend award is arbitrary and capricious.
The protest must conform in all respects to the requirements set forth above. The protest must be received by City at the address specified in the solicitation, no later than five (5) calendar days after the date such notification is publicly posted or sent to the proposer, whichever is earlier. A written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt. Such decision shall be final, except as provided in the Appeals section below or by applicable law or regulation.
3.9.4 Evaluation of Protests
A protest decision should ordinarily be written and published within ten (10) working days of receipt of the protest. The Department Director or designee may extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause.
Upon receipt of a protest, the Project Manager shall notify parties involved in the procurement as identified above, and such City personnel or others as may be appropriate or necessary to determine the validity of the protest. Copies of the protest submittal, or portions thereof, may be provided to the notified parties as appropriate.
The Department Director or designee may request additional written information from the protestor or other parties, as necessary to determine the validity of the protest. A formal or informal hearing may be held. If a formal hearing is held, testimony shall be
City of Pasadena, Department of Transportation Page 34 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 given under oath and a transcript or electronic recording of the proceeding shall be made; the transcript or recording shall be provided to the protestor and made part of the protest record.
The Department Director or designee shall redact from any submission under the protest process information which has been identified as proprietary, and which, in his/her judgment, is protected from disclosure under the State Public Records Act prior to furnishing such submission to any other party, unless the person furnishing the information consents, in writing, to distribution of the information to other interested parties.
3.9.5 Decision
Upon receipt and evaluation of all relevant information, including any pertinent law or regulations, the Department Director or designee shall prepare a decision. The decision will contain four parts: I. SUMMARY – Describes briefly the protesting party, the solicitation involved, the issues(s) raised, and the decision. II. BACKGROUND – Describes in more detail the history of the solicitation and the procurement events leading to the protest, the date the protest was received, and the process by which it was evaluated. III. DISCUSSION - Identifies the issue or issues raised by the protestor, and the factors considered in reaching a decision, and the rationale for the decision. IV. DETERMINATION - States the decision and any remedy or subsequent action, e.g. cancellation of the procurement, resulting from it.
Ordinarily, each issue raised in the protest will be discussed separately in Parts III and IV.
Decisions shall be signed and issued by the Department Director or designee. The decision shall be issued to the protestor; other interested parties shall receive either a copy of the decision or a notice of decision, as appropriate. Where appropriate, transmittal may be electronic, followed by hard copy. The protest document, the decision, and all other documentation related to the decision shall be public record except as otherwise provided by the State Public Records Act or City’s regulations and policies.
3.9.6 Appeals
Decisions of the Department Director or designee may be appealed to the City Manager by the protestor within five (5) working days after the decision is issued to the protestor. The appeal shall be in writing, addressed to the City Manager with a copy to the Department Director or designee, and shall state with specificity the basis for the appeal. The City Manager or designee shall review the written record of the protest and may conduct such further investigation as is deemed necessary or appropriate to reach a decision. The decision of the City Manager will ordinarily be issued within fifteen (15) working days of receipt of the appeal; this time period may be extended if necessary to
City of Pasadena, Department of Transportation Page 35 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 complete an investigation. The decision of the City Manager shall be final and conclusive, except for such remedies as state or federal law or regulation may provide.
3.9.7 Record of Protest
Upon receipt of a protest, the Project Manager shall establish a separate file in which a complete record of the protest shall be maintained. The file shall constitute a separate portion of the overall procurement file.
The procurement protest file shall include reasonable and adequate documentation of the protest and outcome of the protest. Protest file documentation should be proportional to the size and complexity of the protest.
The protest file should, at a minimum, include the following: I. The protest, including supporting documentation II. Record of determination of protest timeliness III. Record of internal distribution of protest IV. Record of internal responses to protest V. Record of legal review VI. Determination and findings, including supporting documentation VII. Protester response/appeal VIII. Result of appeal IX. Notice of cancellation of solicitation, if applicable
City of Pasadena, Department of Transportation Page 36 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 4 COMPENSATION
4.1 CONTRACTOR COMPENSATION
City shall compensate Contractor on a monthly basis in arrears for performance of the services as specified in Section 5, Scope of Work, of this RFP. Contractor compensation shall be constituted as follows:
4.1.1 Fixed Fee
Contractor shall be paid a Fixed Fee for each Contract Period, payable in monthly installments, to cover the costs of performing those services set forth in Section 5, Scope of Work, which must be provided or available regardless of the level of service ("Fixed Costs"). Typically, Fixed Costs shall include, but are not limited to, the following cost elements: all salaries and wages and associated fringe benefits other than those related to vehicle operators; overhead costs; uniforms; physicals and drug/alcohol tests; office furnishings, equipment and supplies; maintenance equipment and shop tools; vehicle insurance; oil and lubricants; communication costs; vehicle maintenance and repairs; report reproduction; and management fee.
4.1.2 Fixed Hourly Rate
On a monthly basis, Contractor shall be paid a Fixed Hourly Rate for each documented Vehicle Revenue Hour of service operated during that month, within the authorized service levels specified in this Contract. Such costs shall include, but are not limited to, the wages and benefits of vehicle operators, maintenance parts and supplies, outside repairs, overhead and related profit or fee.
4.1.3 Extra Services
Should extra services be operated at the direction of City, Contractor shall be compensated at the Fixed Hourly Rate then in effect and that compensation may be in addition to the Total Annual Cost specified in the Cost Proposal. Additional services required by City that are not included in the Fixed Hourly Rate may be agreed upon in writing and invoiced specifically.
4.1.4 Pass-Through Costs
On a monthly basis, Contractor will also invoice City for reimbursement of certain facility or operational costs that Contractor has incurred at direction of the City that are not included in Section 5, Scope of Work.
City of Pasadena, Department of Transportation Page 37 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 4.2 ESTIMATED SERVICE LEVELS
4.2.1 Estimated Annual Vehicle Revenue Hours
The current projected annual Vehicle Revenue Hours for fixed route services for FY2022 is 71,300. A detailed breakdown of service is shown in Attachment 6, Pasadena Fixed Route Anticipated FY22 Service Levels. The projected annual Vehicle Revenue Hours for the Dial-A-Ride service is 24,150 hours for FY2022. The Base Service Level for cost proposal purposes is 95,450 Vehicle Revenue Hours.
4.2.2 Variance in Vehicle Revenue Hours
The City may vary the Vehicle Revenue Hours to be provided under this Contract within a range of 15% over or under the annual estimates in Section 4.2.1. If the amount varies by more than 15% during the subsequent years of the Contract, the City and Contractor may renegotiate the hourly rate, if deemed necessary.
4.2.3 Special Service
In addition to regular fixed route and Dial-A-Ride services noted above, the Contractor may from time to time, upon receiving specific written authorization by the City, provide special transit service using the City-provided revenue vehicles. Contractor shall be entitled to compensation for such services at the Fixed Hourly Rate defined in Section 4.1.2.
4.2.4 Emergency Service
In the event of an emergency or natural disaster, Contractor shall make available, to the maximum extent possible, transportation and communications services and facilities to assist the City in ameliorating such incidents. To the extent the City requires Contractor to provide such emergency services and facilities, Contractor shall be relieved of the obligation to fulfill the duties and responsibilities to operate the services outlined in Section 2.1.1 and 2.1.2. Further, Contractor shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Contractor and the City following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.
4.2.5 Non-Budgeted Expenses
During the term of the Contract, there may be certain items or services that the Contractor must obtain which are related to providing transit service but not explicitly outlined in the Contract. Contractor must adhere to all applicable Federal, State, and Local procurement guidelines and requirements. Contractor must obtain prior written approval from the City before incurring any non-budgeted expenses. Upon receiving approval, Contractor must procure the items or services and include the invoices with the monthly invoice in order to receive reimbursement.
City of Pasadena, Department of Transportation Page 38 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
4.3 COMPENSATION IN OPTION PERIODS
In the event that the one (1) two-year option period is exercised by the City, Contractor compensation for each year of the option will be negotiated between the parties, in which case that compensation shall increase by a minimum of three percent (3.0%) or the annual increase in the Consumer Price Index for the State of California (Los Angeles-Riverside-Orange County statistical area) for the most recently reported calendar year, whichever is higher.
4.4 COST PROPOSAL INSTRUCTIONS
Proposer’s cost proposal and proposed allocation of contract resources must demonstrate an understanding of the Scope of Work requirements as described in this RFP and attachments thereto. The Cost Proposal forms which follow cannot be edited and are shown only for demonstration purposes. Excel versions of these forms are posted on the PlanetBids website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021” to facilitate proposal preparation.
Proposers are requested not to change formulas and the pre-entered descriptions of cost elements but may add additional cost categories if needed in the spaces provided and additional lines if required.
Base Service Level Cost Proposal [95,450 VRH] Proposer shall submit its proposed annual costs for the services described herein using the following Form 12, Cost Proposal, Base Service Level.
Optional Service Level Cost Proposal [125,450 VRH] The Optional Service Level Cost Proposal includes operation of Pasadena Transit fixed route and Dial-A-Ride services as described herein PLUS the operation of up to 30,000 additional vehicle revenue hours to this contract, for a total of up to 125,450 vehicle revenue hours annually. Proposer shall submit its proposed annual costs for the optional services described herein using the following Form 12A, Cost Proposal, Optional Service Level.
4.5 REVENUE VEHICLE AUDIT COSTS In accordance with Section 5.3.7.4.3, Return of Revenue Vehicle Audit, at termination of this contract the incumbent Contractor will be required to pay the cost of a third party Contractor who will conduct an audit of vehicle maintenance. The quoted cost of this audit for the current fleet in 2020 was approximately $15,000. Contractor’s proposed cost for this audit should be included in Year 5 Fixed Costs as a one-time cost (See Cost Proposal Form).
City of Pasadena, Department of Transportation Page 39 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal
FORM 12 COST PROPOSAL - BASE SERVICE LEVEL Page 1: PROPOSAL FORM
Proposing Firm:
This PROPOSAL FORM is to be used to submit the OFFEROR'S Cost Proposal for all work described in Section 5, Scope of Work and Attachment 1, Transit Service Agreement.
The OFFEROR'S Cost Proposal must consist of Fixed Fees and Fixed Hourly Rates in accordance with Section 5.1.2, Fee Structure, of the Transit Services Agreement. Such rates shall be proposed for each of the five (5) periods in the Base Term contemplated in this RFP, and shall be based on the levels of service in terms of vehicle revenue hours, as stated below. The detailed budget breakdown included with this PROPOSAL FORM should be consistent with rates proposed. OFFERORS shall not modify cost categories, but may add additional cost elements in the spaces provided.
All cells below are automatically computed -- Do not overwrite formulas.
A. Price Proposal Year 1 Year 2 Year 3 Year 4 Year 5 Months in Contract Period 12 12 12 12 12 Revenue Vehicle Hours in Period 95,450 95,450 95,450 95,450 95,450
1 Fixed Monthly Rate $0.00 $0.00 $0.00 $0.00 $0.00
2 Fixed Hourly Rate $0.000 $0.000 $0.000 $0.000 $0.000
CALCULATION OF TOTAL ANNUAL COSTS
3 Fixed Monthly Rate X Months in Period $0.00 $0.00 $0.00 $0.00 $0.00
4 Fixed Hourly Cost $0.00 $0.00 $0.00 $0.00 $0.00 X Vehicle Revenue Hours in Period
Proposed Total Annual Cost $0.00 $0.00 $0.00 $0.00 $0.00
City of Pasadena, Department of Transportation Page 40 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal FORM 12, COST PROPOSAL - BASE SERVICE LEVEL PAGES 2-3: FIXED COST
Proposing Firm: Costs shown are to be the total fixed costs by category for that period
B. Fixed Cost Elements Year 1 Year 2 Year 3 Year 4 Year 5 Months in Period 12 12 12 12 12
General Manager Salary General Manager Fringes Assistant General Manager Salary Assistant General Manager Fringes Operations Manager Wages Operations Manager Fringe Training and Safety Manager Wages Training and Safety Manager Fringe Road Supervisor Wages Road Supervisor Fringe Quality Control Representative Wages Quality Control Representative Fringe Dispatch/Info. Staff Wages Dispatch/Info. Staff Fringes Data Management Clerk Wages Data Management Clerk Fringe Clerical Staff Wages Clerical Staff Fringes Maintenance Manager Salary Maintenance Manager Fringes Mechanic Wages Mechanic Fringes Other Maintenance/Servicing Wages Other Maintenance/Servicing Fringes Other Wages (specify)
Other Fringes (specify)
MONTHLY COST ELEMENTS CONTINUE ON NEXT PAGE
City of Pasadena, Department of Transportation Page 41 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 FORM 12, PROPOSAL FORM PAGE 3: FIXED COST, CONTINUED
Year 1 Year 2 Year 3 Year 4 Year 5
Hiring/Training Expenses Safety Expenses Janitorial Telephone Utilities Office Supplies Preventive Maintenance Parts/Supplies Vehicle Repair Parts/Supplies Tires Outside Repairs Two-Way Communications Costs Insurance - Liability Coverages Insurance - Collision Comprehensive Computer - Hardware Costs Software Costs Accounting Start-up Costs Revenue Vehicle Return Audit (Yr 5) Other Expense
Management Fee/Profit Total Fixed Costs $0.00 $0.00 $0.00 $0.00 $0.00 1 Monthly Fixed Cost $0.00 $0.00 $0.00 $0.00 $0.00 (Total Fixed Costs /Months in Period)
Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.
City of Pasadena, Department of Transportation Page 42 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal FORM 12, PROPOSAL FORM - BASE SERVICE LEVEL PAGE 4: FIXED HOURLY RATE
Proposing Firm:
Year 1 Year 2 Year 3 Year 4 Year 5 Vehicle Revenue Hours in Period 95,450 95,450 95,450 95,450 95,450
Fixed Hourly Rate Cost Elements Driver Wages Driver Workers Compensation Driver Health Insurance Other Driver Fringe Benefits Maintenance Parts Maintenance Supplies Outside Repairs Other (Specify)
Overhead Profit/Fee Total Hourly Costs $0.00 $0.00 $0.00 $0.00 $0.00
2 Fixed Hourly Rate $0.00 $0.00 $0.00 $0.00 $0.00 (Total hourly costs /VRH in Period)
Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.
City of Pasadena, Department of Transportation Page 43 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal FORM 12A COST PROPOSAL - OPTIONAL SERVICE LEVEL Page 1: PROPOSAL FORM
Proposing Firm:
This PROPOSAL FORM is to be used to submit the OFFEROR'S Cost Proposal for all work described in Section 5, Scope of Work and Attachment 1, Transit Service Agreement.
The OFFEROR'S Cost Proposal must consist of Fixed Fees and Fixed Hourly Rates in accordance with Section 5.1.2, Fee Structure, of the Transit Services Agreement. Such rates shall be proposed for each of the five (5) periods in the Base Term contemplated in this RFP, and shall be based on the levels of service in terms of vehicle revenue hours, as stated below. The detailed budget breakdown included with this PROPOSAL FORM should be consistent with rates proposed. OFFERORS shall not modify cost categories, but may add additional cost elements in the spaces provided.
All cells below are automatically computed -- Do not overwrite formulas.
A. Price Proposal Year 1 Year 2 Year 3 Year 4 Year 5 Months in Contract Period 12 12 12 12 12 Revenue Vehicle Hours in Period 125,450 125,450 125,450 125,450 125,450
1 Fixed Monthly Rate $0.00 $0.00 $0.00 $0.00 $0.00
2 Fixed Hourly Rate $0.000 $0.000 $0.000 $0.000 $0.000
CALCULATION OF TOTAL ANNUAL COSTS
3 Fixed Monthly Rate X Months in Period $0.00 $0.00 $0.00 $0.00 $0.00
4 Fixed Hourly Cost $0.00 $0.00 $0.00 $0.00 $0.00 X Vehicle Revenue Hours in Period
Proposed Total Annual Cost $0.00 $0.00 $0.00 $0.00 $0.00
City of Pasadena, Department of Transportation Page 44 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal FORM 12A, COST PROPOSAL - OPTIONAL SERVICE LEVEL PAGES 2-3: FIXED COST
Proposing Firm: Costs shown are to be the total fixed costs by category for that period
B. Fixed Cost Elements Year 1 Year 2 Year 3 Year 4 Year 5 Months in Period 12 12 12 12 12
General Manager Salary General Manager Fringes Assistant General Manager Salary Assistant General Manager Fringes Operations Manager Wages Operations Manager Fringe Training and Safety Manager Wages Training and Safety Manager Fringe Road Supervisor Wages Road Supervisor Fringe Quality Control Representative Wages Quality Control Representative Fringe Dispatch/Info. Staff Wages Dispatch/Info. Staff Fringes Data Management Clerk Wages Data Management Clerk Fringe Clerical Staff Wages Clerical Staff Fringes Maintenance Manager Salary Maintenance Manager Fringes Mechanic Wages Mechanic Fringes Other Maintenance/Servicing Wages Other Maintenance/Servicing Fringes Other Wages (specify)
Other Fringes (specify)
MONTHLY COST ELEMENTS CONTINUE ON NEXT PAGE
City of Pasadena, Department of Transportation Page 45 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 FORM 12A, PROPOSAL FORM PAGE 3: FIXED COST, CONTINUED
Year 1 Year 2 Year 3 Year 4 Year 5
Hiring/Training Expenses Safety Expenses Janitorial Telephone Utilities Office Supplies Preventive Maintenance Parts/Supplies Vehicle Repair Parts/Supplies Tires Outside Repairs Two-Way Communications Costs Insurance - Liability Coverages Insurance - Collision Comprehensive Computer - Hardware Costs Software Costs Accounting Start-up Costs Revenue Vehicle Return Audit (Yr 5) Other Expense
Management Fee/Profit Total Fixed Costs $0.00 $0.00 $0.00 $0.00 $0.00 1 Monthly Fixed Cost $0.00 $0.00 $0.00 $0.00 $0.00 (Total Fixed Costs /Months in Period)
Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.
City of Pasadena, Department of Transportation Page 46 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 CITY OF PASADENA FIXED ROUTE AND DIAL-A-RIDE TRANSIT SERVICES CONTRACT Request for Proposal FORM 12A, PROPOSAL FORM - OPTIONAL SERVICE LEVEL PAGE 4: FIXED HOURLY RATE
Proposing Firm:
Year 1 Year 2 Year 3 Year 4 Year 5 Vehicle Revenue Hours in Period 125,450 125,450 125,450 125,450 125,450
Fixed Hourly Rate Cost Elements Driver Wages Driver Workers Compensation Driver Health Insurance Other Driver Fringe Benefits Maintenance Parts Maintenance Supplies Outside Repairs Other (Specify)
Overhead Profit/Fee Total Hourly Costs $0.00 $0.00 $0.00 $0.00 $0.00
2 Fixed Hourly Rate $0.00 $0.00 $0.00 $0.00 $0.00 (Total hourly costs /VRH in Period)
Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.
City of Pasadena, Department of Transportation Page 47 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 5 SCOPE OF WORK
The City is seeking the services of one qualified firm to provide the City of Pasadena’s Fixed-Route and Dial-A-Ride services per the following scope of work.
5.1 DEFINITIONS
As used throughout the Request for Proposals, exhibits and attachments, the following terms shall have the meanings set forth below:
. Advanced Reservation: Describes the process of requesting trips and receiving trip confirmation prior to the day service is requested.
. Americans with Disabilities Act of 1990 (ADA): Federal civil rights legislation which mandates accessibility for people with disabilities. Pasadena Dial-A-Ride service is not ADA complementary paratransit service.
. BusFinder: Solar powered device mounted on bus stop posts that provide real time arrival of buses. It is a component of the City’s Transit Vehicle Arrival Information System.
. CHP: California Highway Patrol.
. City: The City of Pasadena, California.
. Contractor: Vendor selected and under contract with the City of Pasadena to provide transportation services.
. CNG: Compressed Natural Gas.
. Curb-to-Curb Service: A type of paratransit service where, the transit vehicle picks up and drops off passengers at the curb, sidewalk, or driveway on both the origin and destination ends of the trip.
. Deadhead: For paratransit services, refers to either miles or hours when a vehicle is not in revenue service including travel from the yard to the first pick- up, from the last drop-off back to the yard when released by the dispatcher. The travel between scheduled pick-ups and drop-offs, regardless of whether a passenger is on board, is not deadhead. For fixed route service, refers to either miles or hours when a vehicle is not in revenue service, including travel from the yard to the start of a route and from the last stop on a route to the start of another route, to fueling, or back to the yard at the end of revenue service.
. Dwell Time: For paratransit services, the amount of time spent by vehicle and driver at each pick-up and drop-off waiting for the passenger(s) to appear,
City of Pasadena, Department of Transportation Page 48 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 during passenger boarding, deboarding and wheelchair securement. Dwell time is included in the Vehicle Revenue Hour computation. For fixed route, the amount of time spent at each stop location waiting for, boarding and deboarding passengers.
. Federal Transit Administration (FTA): A branch of the U.S. Department of Transportation (USDOT) established to improve transportation throughout the nation. The FTA provides funding and assistance to regional transportation agencies, among various other programs.
. Holiday Schedules: The City of Pasadena transit services currently do not operate on New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day.
. Late Trip: For Pasadena Dial-A-Ride service, any trip in which the vehicle arrives for the pick-up more than 15 minutes after the pick-up window or not at all. For fixed route service, any arrival at a time point more than 5 minutes after the scheduled time.
. Metro: Los Angeles County Metropolitan Transportation Authority
. Missed Trip: For Pasadena Dial-A-Ride service, any scheduled trip in which the arrives more than 30 minutes after the pick-up window or does not arrive at all. For fixed route service, any trip that does not serve more than 10% of its scheduled miles or does not serve all scheduled time points.
. No-Show: A scheduled passenger who does not appear at the designated location for vehicle boarding within 3 minutes of an on-time vehicle arrival or calls the reservation office to cancel the trip less than four (4) hours before the scheduled pick-up time.
. On-Time Pick-up: For Pasadena Dial-A-Ride, a vehicle shall be on-time if it arrives at the designated pick-up location no more than 5 minutes prior to the scheduled pick-up time or no more than 15 minutes after that time. For fixed route services, a vehicle shall be on-time if it leaves a designated bus stop no sooner than one (1) minute before the scheduled time and no later than five (5) minutes after the scheduled departure time.
. Subscription Service: Paratransit trips to and from the same origin and destination at the same time and day at least once a week. Subscription services do not require the passenger to call in their request for each trip; only to cancel for one or more days.
• TAP: The regional electronic fare collection system “Transit Access Pass”.
City of Pasadena, Department of Transportation Page 49 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • TAP Bus Mobile Validators (BMV): TAP electronic fare collection equipment used by TAP card holders paying with either monthly passes, Stored Value, Access Services cards and transfers.
. TVAIS: Transit Vehicle Arrival Information System
. Vehicle Revenue Hour: For paratransit service, a vehicle revenue hour shall be defined as any sixty-minute increment of time, or portion thereof, that a vehicle is available for passenger transport within the established hours of service. A vehicle is available for passenger transport from the time it arrives at its first pick-up address and ends when it has completed its last passenger drop-off. If the first scheduled pick-up is a no-show, the vehicle arrival time at that stop shall still be used for computation of revenue vehicle hours; however, this rule shall not apply to late trip cancellations. Vehicle revenue hours are also known as “revenue vehicle hours” and "vehicle service hours".
For the fixed route service, a vehicle revenue hour shall be defined as any sixty-minute increment of time, or portion thereof, that a vehicle is in revenue service, including layover/recovery time but excluding deadhead, training operators prior to revenue service and road tests.
Vehicle revenue hours, for all services, shall exclude any meal breaks, service breaks, fueling time, mechanical breakdowns and time a vehicle is down due to an accident. Drive time to and from breaks and lunch breaks shall be excluded.
. Vehicle Revenue Miles: The mileage incurred by a vehicle while operating a Vehicle Revenue Hour.
It is intended that the City’s definitions of Vehicle Revenue Hour and Mile be identical to those of the National Transit Database.
5.2 CITY RESPONSIBILITIES
The City shall perform the following duties and accept the following responsibilities with respect to Pasadena Transit and Dial-A-Ride services. To the extent feasible, Contractor shall assist the City in this regard.
5.2.1 Project Management
The City’s Transit Manager or designee will work closely with, and provide direction to, the Contractor. The Transit Manager or designee will provide all required information and act as liaison between the City and Contractor.
City of Pasadena, Department of Transportation Page 50 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.2.2 Marketing
The City shall prepare, schedule, and pay for all advertising, promotional, and informational materials designed to reach the public about fixed route and Dial-A-Ride services and regulations, as well as to promote ridership. The City will coordinate with the Contractor to have materials placed/installed on the vehicles.
5.2.3 Service Planning
The City shall be responsible for all planning activities relative to routes, schedules, days and hours of operation, and bus stop locations. The City will coordinate with the Contractor during this planning process.
5.2.3.1 Scheduling Materials
The City shall provide the following information to the Contractor in the format and interval as described. Contractor is responsible for making all copies of this information as necessary for the operations.
Document Description Format Interval Schedule Service schedule Excel or other Service change including individual route format as needed times up to the run cut Route Maps Maps showing the route PDF or other With alignment alignments format as needed change Stop List Listing of all stops on a Excel, PDF, or As updated route and distance other format as between stops needed Destination Signs Listing of destinations to Excel or other As updated be programmed into format as needed destination signs Fare Categories Designation of fare Excel or other As updated categories to be used to format as needed count passengers
5.2.3.2 Scheduled Recovery Periods To the extent practical, the schedules will include one ten minute recovery period at the end of each line. Contractor will be responsible for providing all breaks and meal periods as required by federal, state, and local regulations and requirements.
5.2.3.3 Schedule Changes Changes to all of the schedules may be made up to two times annually at the discretion of the City, or as otherwise required. Individual lines may be changed more often if necessary. The City will strive to provide the new schedules to Contractor at least two weeks before the effective date. The City recognizes it is
City of Pasadena, Department of Transportation Page 51 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 in the best interest of both City and Contractor to manage schedule changes to ensure that reporting is not negatively impacted.
5.2.3.4 Holidays and Limited Services The services currently do not operate on New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. City may direct Contractor to operate limited service as appropriate.
5.2.3.5 Detours To the extent practical, the City will notify Contractor of planned detours due to special events, construction or other causes and coordinate accordingly. City will work with Contractor to provide stop notifications. Contractor will be responsible for installing and removing the stop notices in a timely manner. If the City does not have knowledge of the need for a detour or stop closure, Contractor shall be responsible for notifying the City and providing the necessary stop notices.
5.2.4 Supplies
5.2.4.1 Public Schedules and Rider Notices The City will produce public schedules for all of the lines operated in the Agreement and rider notices. Contractor will be responsible for stocking schedules and rider notices provided by the City on vehicles and requesting additional schedules and/or notices from the City as necessary.
5.2.4.2 Fare Media The City shall be responsible for providing fare media as necessary for implementing fare policy.
5.2.4.3 Street Furnishings The City may purchase, install or replace street furnishings required for fixed route service operations. Such furnishings may include, but is not limited to, bus stop signs and posts, benches, shelters, bike racks, trash receptacles and BusFinders. The Contractor will not be responsible for maintaining or repairing the street furnishings. However, the Contractor will require bus operators and field supervisors to report any damage to street furnishings that are observed. Field Supervisors may be requested to remove any down bus stop signs or information signs/devices until such a time that the City may have them replaced or reinstalled. Field Supervisors may be requested to assist City staff in cleaning graffiti off signage at bus stops.
5.2.5 Vehicles
5.2.5.1 Revenue Vehicles The City anticipates providing 29 CNG, ADA-compliant vehicles for the fixed route services and 16 gasoline powered, ADA-compliant vehicles for Dial-A-Ride. A vehicle fleet schedule is contained as Attachment 5 to the RFP and includes the current lifetime mileages, projected replacement schedule for each vehicle,
City of Pasadena, Department of Transportation Page 52 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 and depreciated values as of July 1, 2021. Note that the fleet schedule presently shows 31 revenue vehicles for fixed route service. Two of these vehicles have been retained to maintain service levels during the COVID-19 pandemic and will be removed, if possible, from the City’s fleet if/when the emergency has passed.
All transit revenue vehicles provided by the City will be registered to the City of Pasadena and carry exempt license plates.
5.2.5.2 Replacement of Revenue Vehicles The City is responsible for providing all revenue vehicles used in operation of fixed route and Dial-A-Ride services including the replacement of those vehicles. It is the City’s objective to replace revenue vehicles on a timely basis according to lifetime mileage, age, and operational reliability. Attachment 5, Pasadena Public Transit Revenue Vehicle Fleet, contains the expected replacement schedule for the present Pasadena revenue vehicles. The City will coordinate the capital replacement schedule with the Contractor to identify and replace problem vehicles at the earliest opportunity.
5.2.5.3 CNG Tanks The CNG tanks on all Pasadena Transit fixed route buses are designed to exceed the life of the vehicles (tanks have a 20-year life). Replacement of CNG tanks, if needed, will be coordinated by City, depending on the situation, but this would only be needed if there is any damage or if the tanks stopped functioning. The Contractor will be responsible for the cost of tank inspection and certification and the replacement of any tank that is damaged as a result of an accident or comprehensive loss. The City will be responsible for the cost of tank replacement if due to simple tank failure not covered by warranty.
5.2.5.4 Training Vehicles In the event that the incumbent Contractor is not awarded a new contract, the City will coordinate with the incumbent Contractor to make available fixed route and Dial-A-Ride buses for use by the incoming Contractor for training/retraining of drivers. Due to limited spare revenue vehicles, the numbers of available training vehicles will vary by day of week and time of day. The incoming Contractor shall be responsible for insuring training vehicles and any physical damage while under their control and operation by trainees or staff. The City will provide fuel for training vehicles.
5.2.6 On-Board Equipment
Fixed route and Dial-A-Ride vehicles are equipped with the following on-board equipment.
5.2.6.1 Bus Mobile Validators (BMV) TAP bus mobile validators (BMV’s) are installed in all buses. TAP BMV’s are used on fixed route buses to collect fare revenues paid with the TAP card, including Stored Value and a variety of different fare media accepted on fixed route. BMV’s installed on Dial-A-Ride
City of Pasadena, Department of Transportation Page 53 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 vehicles are also used to accept Stored Value loaded onto TAP cards and may also be used to accept different fare media.
5.2.6.2 Transit Vehicle Arrival Information System (TVAIS)
The City has implemented a Transit Vehicle Arrival Information System (TVAIS) powered by Connexionz, LTD. The system integrates the Automatic Vehicle Location system on the fleet to provide real time arrival information to passengers through phone applications, internet and BusFinders currently located at about 30% of the 400 bus stops systemwide. In addition to real time arrival information the system automatically announces next stop locations, updates destination signs, provides the ability for driver to use canned messages to communicate with Dispatch, and includes a video surveillance system. The system is a fundamental component of daily operations integral to the planning and operations of Pasadena Transit. The Contractor will work with the City to operate the system and ensure the system is in use and working properly prior to each revenue trip. All equipment purchased by the City remains the property of the City.
5.2.6.3 Video Surveillance System All fixed route and Dial-A-Ride vehicles are currently equipped with REI camera surveillance systems. The vehicles have multiple cameras with several views from within and outside vehicles. Each vehicle has about two weeks of record time on the installed HD5 digital video recorder (DVR).These systems do have the capability of accessing REI’s online live-feed system, should the Contractor wish to enable this function at their expense. For more information on this capability, contact Brian Garrett, U.S. Sales Director for Connexionz at [email protected].
5.2.7 Fueling
The City provides fuel for all transit revenue vehicles. The City’s Public Works Fleet Maintenance Division manages the city-owned fueling sites, which include fueling for CNG and unleaded fuel vehicles. The City will install fuel management equipment on each Revenue Vehicle. Currently, fueling takes place primarily at the City Public Works Maintenance Yard at 233 W. Mountain St. and, on occasion, at other locations within the City of Pasadena. When CNG fueling at the City-owned site is not available, Contractor shall fuel at the Clean Energy location on Foothill Boulevard. Cost of this fuel is also paid for by the City.
5.2.8 Facilities
5.2.8.1 Operating and Maintenance Facility The incumbent Contractor presently leases a facility at 303 N. Allen Avenue, Pasadena, for the operation and maintenance of Pasadena’s transit services and vehicle fleet. The majority of the revenue fleet is parked at this location, with the remainder parked at the Satellite Parking facilities described below.
City of Pasadena, Department of Transportation Page 54 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
5.2.8.2 Satellite Parking The City currently has an agreement with Pasadena Unified School District (PUSD) to park up to seven buses at their facility located at the corner of Woodbury and Canada. The City anticipates that the contract with PUSD will continue; however, depending on the need, the City may opt at some point to no longer continue this agreement with PUSD. A City-owned lot at 2180 East Foothill Blvd. is used for parking and storage of up to approximately twelve vehicles (depending on the size of the vehicles).This lot, which is at the south end of the parcel, is currently used for the daily deployment of Dial-A-Ride vehicles. Access to this lot is off of the north side Walnut Street, just east of Craig Avenue. Contractor is under no obligation to utilize these satellite parking facilities.
5.3 CONTRACTOR RESPONSIBILITIES
5.3.1 General
Contractor shall be responsible for the management and operation of Pasadena fixed route and Dial-A-Ride and any optional services as directed by City. Contractor shall manage service in accordance with the guidelines and parameters established herein and the attachments hereto. The omission of a duty or responsibility herein below shall not relieve Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating a fixed route and/or paratransit service.
Contractor shall continually monitor operations, facilities and equipment and shall, from time-to-time and as warranted, advise the City and make recommendations to it upon observed deficiencies and needed improvements. The City shall retain all authority, however, to make determinations and to take action on such recommendations. All facilities, equipment, and services required in the operation and management of said services shall be furnished by Contractor unless specifically identified to be contributed by City in this RFP.
Contractor shall coordinate, manage, and control all necessary program activities which shall include, but may not be limited to: maintain all vehicles, provide vehicle operators and all project personnel, train personnel as necessary, develop administrative procedures, compile financial and non-financial records, provide customer service, respond to City requests in the event of an emergency, and develop methods to improve effectiveness and maximize service efficiency.
Contractor will obtain and provide all required federal, state, and local approvals and permits and will ensure that all vehicle operators are properly licensed for the services they are providing. Contractor must also have all applicable state and local business licenses or procure same prior to the start of service.
City of Pasadena, Department of Transportation Page 55 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
5.3.2 Project Management Contractor shall provide operations management at a level and capability sufficient to oversee its functions and employees.
5.3.2.1 Key Personnel The following management staff shall be considered “Key Personnel” under this contract: General Manager, Assistant General Manager and Maintenance Manager. Contractor shall assure the City that Key Personnel will not be replaced without the prior written consent of the City. Should the services of these Key Personnel become no longer available to the Contractor, the resume and qualifications of the proposed replacement shall be submitted to the City or its representative for approval as soon as possible, but in no event later than five (5) working days prior to the departure of the incumbent Key Personnel, unless Contractor is not provided with such notice by the departing employee. City or its representative shall respond to Contractor within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement of Key Personnel. Should either of the positions of General Manager, Assistant General Manager, or Maintenance Manager remain unfilled for a period of 30 days or more, the City may deduct their respective compensation from Contractor’s payments.
5.3.2.2 Required Management and Staff Positions
The following management and staff positions are required by the City for effective management and administration of City’s transit program.
5.3.2.2.1 General Manager Contractor shall designate and provide the services of a full-time General Manager, subject to the approval of the City, who shall provide overall management and supervision of operations under the terms of the Agreement. The General Manager must have a minimum of five years of experience in public transportation operations including at least three years supervisory experience. A bachelor’s degree in a related field from a four year college may substitute for two years of transportation experience and one year of supervisory experience.
The General Manager must have completed the Transit and Paratransit Management Certificate Program currently offered through University of the Pacific, or a similar transit management certification or degree program. Alternatively, the General Manager may enroll in such program and complete the certificate requirements within 18 months following approval by the City of the General Manager candidate. Contractor shall pay the cost of participation in the certificate program, or approved alternative.
City of Pasadena, Department of Transportation Page 56 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 The General Manager shall work cooperatively with the City’s Transit Manager or designee in matters relating to service quality, providing operational and other data as described in the Agreement, responding to comments from the City, passengers and the general public, and responding to specific requests for other assistance as the need arises.
5.3.2.2.2 Assistant General Manager Contractor shall designate and provide the services of a full-time Assistant General Manager who shall assist the General Manager in the overall management and supervision of operations under the terms of the Agreement. The Assistant General Manager must have a minimum of three years of experience in public transportation operations including at least two years supervisory experience.
5.3.2.2.3 Maintenance Manager Contractor shall designate and provide the dedicated services of a qualified Maintenance Manager who is ASE Certified subject to the approval of the City. Maintenance Manager shall have a minimum of three years’ experience managing and supervising the maintenance functions of a shop similar in size and complexity to the services herein described. Contractor shall further ensure the Maintenance Manager has a minimum of five years journeyman level experience with CNG and gasoline-fueled vehicles, vehicle systems, and on-vehicle equipment similar to those used by Pasadena Transit and Dial-A-Ride.
This individual may be the lead mechanic and shall be assigned to oversee and direct the maintenance and repair operations for all vehicles covered under the Agreement on a full-time basis. The Maintenance Manager shall provide maintenance and repair scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of Contractor maintenance and repair duties and responsibilities.
5.3.2.2.4 Operations Manager The Contractor shall designate a full-time Operations Manager to assist the General Manager in carrying out all activities relative to fixed route and Dial-A-Ride operations. The Operations Manager will have experience with similar fixed route operations, paratransit programs and the computer scheduling software used in the operation of the Dial-A-Ride program.
5.3.2.2.5 Training and Safety Manager The Contractor shall designate a full-time Training and Safety Manager who is Transit Safety Institute (TSI) certified to assist the General Manager in carrying out all activities relative to implementing Contractor’s training and safety program.
City of Pasadena, Department of Transportation Page 57 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.2.2.6 Quality Control Representative The Contractor shall designate a full-time Quality Control Representative to work directly with City staff to investigate and respond to customer service issues and/or delays in service. The person in this position will have experience with paratransit scheduling and dispatching and be able to coordinate Dial-A-Ride group rides. As a primary point of contact with customers, this person must have a depth of customer service experience in public transit and stellar customer service skills.
5.3.2.2.7 Data Management Clerk Contractor shall have a designated person who will help ensure that the data collected for the monthly reports and other required data reporting is accurate and timely.
5.3.2.3 Management Coverage
At all times that a City of Pasadena revenue vehicle is in service or performing special services, the General Manager, Assistant General Manager or Operations Manager, or other employee designated and identified to the City to act for the General Manager, shall be available either by phone or in person to make decisions regarding day-to-day operations, including, but not limited to: emergency situations, respond to requests made by the City regarding customer incidents or complaints, provide coordination as necessary, and shall be authorized to act on behalf of Contractor regarding all matters pertaining to the Agreement. Contractor shall schedule the hours for management staff so that at least one manager-level individual is available on-site any time. Additionally, at least one of the General Manager, Assistant General Manager or the Operations Manager shall be on-duty during the City’s business hours.
5.3.3 Personnel - General
Contractor shall furnish all vehicle operators, maintenance staff, service workers/vehicle washers, dispatchers, supervisors, administrative personnel, management and other personnel services necessary for providing Pasadena transit services as described in the RFP.
Contractor shall use appropriate screening and selection criteria for employing personnel. Those checks shall include, but not be limited to, Department of Motor Vehicles (DMV) and criminal background checks, pre-employment drug screening and physicals of all employees assigned to Pasadena transit services. Contractor shall undertake the steps necessary to ensure all such employees perform their duties in a safe, legal, courteous, and professional manner at all times.
Contractor shall provide the City with a copy of its employee handbook.
Contractor shall make all reasonable efforts to ensure employees having contact with the public in the course of their duties are of good moral character. Any employee who
City of Pasadena, Department of Transportation Page 58 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 is convicted of a felony or of a crime involving moral turpitude shall not be permitted to continue to hold a position of employment involving contact with customers of Pasadena transit services.
5.3.3.1 Wages and Benefits
As part of this proposal, proposers shall detail the wage and benefit packages for all positions assigned to Pasadena transit services. Contractor shall submit a completed Form 13, Hourly Employee Wage Scales, as a material component of their proposal.
5.3.3.2 Drug and Alcohol Testing
Contractor shall provide pre-employment, post-accident, reasonable suspicion, and random drug and alcohol testing of Contractor employees assigned to Pasadena transit services in safety-sensitive positions, as required by Federal, State and local governments and the RFP. Contractor shall provide City with a copy of its drug and alcohol program and any certifications and forms required by FTA. Contractor shall identify the drug testing center that shall be used.
Contractor shall ensure each employee assigned to Pasadena transit services in a safety-sensitive position shall undergo drug and alcohol testing in compliance with the FTA Drug and Alcohol Program Requirements.
5.3.3.3 Background Check
Contractor shall use appropriate employee screening and selection criteria to ensure the employment of the best qualified applicants available, emphasizing competence, courtesy, reliability, and good customer service skills. It is also important to the City that employees can communicate in English with customers and complete written reports in a clear, concise, and legible manner. These criteria shall include but not be limited to checking an applicant's driver's license records through the California Department of Motor Vehicles, pre-employment physical examinations, and drug/alcohol screening tests.
Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or of a crime involving moral turpitude during the time of his/her employment shall not be permitted to continue to hold a position of employment involving contact with the general public. Contractor shall conduct a “Live Scan” DOJ & FBI check to determine criminal background of employees. The background checks must be completed prior to hiring and every two years by the Contractor.
At change of Contractor, or at any point during the terms of this Agreement, the City reserves the right to review all employees and to ask they be reassigned to other duties within the Contractor’s organization if the City believes, based on
City of Pasadena, Department of Transportation Page 59 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 past performance, the employee is not well-suited for the duties required in their current position.
5.3.3.4 Retention of Existing Employees
Pursuant to Senate Bill No. 158 (California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division 2), City shall grant a ten percent (10%) bidding preference to any Contractor who agrees to retain, for a period of at least ninety (90) days, certain employees. Contractor shall declare, as part of their proposal, whether or not their firm shall retain the employees of the prior Contractor for a period of at least ninety (90) days. Contractor shall ensure these transitioned employees will be utilized in similar positions and perform essentially the same services as they did under the previous Contractor. "Employee" is defined as any person who works for a Contractor under the prior contract but does not include executive, administrative, or professional employees that are exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an employee as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). In accordance with Senate Bill No. 158, the following obligations apply:
A successor Contractor or subcontractor who agrees to retain employees, pursuant to subdivision (a) [of Senate Bill No. 158] shall retain employees who have been employed by the prior Contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor Contractor or subcontractor.
If a successor Contractor determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. In determining those employees who are qualified, the successor Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee shall operate as an employee of the successor Contractor.
Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior Contractor.
In accordance with the California Labor Code, the successful Contractor or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than ten (10) days. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor Proposer in any superior court having jurisdiction over the successor Proposer. Upon finding a
City of Pasadena, Department of Transportation Page 60 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 violation, the court shall order reinstatement to employment with successor Contractor and award back pay, including the value of benefits, for each day of violation.
The existing service Contractor shall make available the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees to City or to any entity that City identified as a bona fide Contractor. See Wage Ranges and Benefits for Existing Hourly Employees posted on the PlanetBids website.
5.3.4 Vehicle Operations Requirements
Contractor will operate Pasadena’s fixed route and Dial-A-Ride services as specified by City and in strict accordance with the operating schedules and routes set forth in Sections 2.1.1 and 2.1.2, and shall provide such service in a safe, professional, and courteous manner. Contractor shall ensure a sufficient number of Operators, both regularly scheduled and extra board (cover or relief), to provide consistent and reliable service.
The City will not be responsible for payment of any traffic or parking ticket fines incurred by any of the Contractor’s employees. Contractor shall be responsible for the total cost of repairing physical damage to buses that occurs under Contractor’s control, whether or not Contractor’s employees were at fault.
5.3.4.1 Vehicle Operator Requirements
5.3.4.1.1 Proper Licenses All Operators must have a current, valid Class B license with Passenger Endorsement, a current Transit Training Certificate (VTT), and Medical Card. In addition, at least one office staff member on duty must have all above licenses and certifications.
5.3.4.1.2 Contractor and Employee Identification When operating a revenue vehicle, Operators’ uniform must always have a shoulder patch on the right arm, easily visible to boarding passengers, which indicates the Contractor company name. This requirement further applies to any shirt, sweater, or jacket worn on the outermost layer by an Operator.
Additionally, each vehicle Operator shall have a photo identification card which contains, at a minimum, the following: employee name, employee number (if there is one), and Contractor company name. Operator’s Photo ID must be plainly visible while on duty.
All Contractor employees must be clearly identifiable at all times while providing services under the Agreement.
City of Pasadena, Department of Transportation Page 61 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.4.1.3 Timepiece Each Operator shall have, at all times during operation of any bus, an accurate time piece with active second hand (or digital equivalent), set each day to conform to the Coordinated Universal Time.
5.3.4.1.4 Operator Uniforms The City and the Contractor shall agree upon a standard uniform. Operators shall be in uniform at all times while in service or otherwise on duty. Contractor shall provide Operator uniforms to its employees. Contractor shall be responsible to ensure that Operators wear these uniforms and maintain a neat and clean appearance while on duty.
5.3.4.2 Vehicle Operator Responsibilities and Procedures
5.3.4.2.1 General Duties In addition to the safe operation of the vehicle, Operators must also perform the following general duties: • Operators are required to follow all local, state, and federal road laws, including but not limited to wearing a seatbelt and refraining from cell phone usage while the vehicle is in motion; • Operate wheelchair lift and secure wheelchair passengers; • Record passenger counts as required; • Change Destination Sign information as needed; • Verify and collect fares and sell Fare Media onboard vehicle; • Fill schedule holders daily before pullout or the start of an assignment with the appropriate schedules or other information as needed; • Data collection as necessary; • When requested, provide passenger assistance during boarding or alighting; • Duties associated with the Transit Vehicle Arrival Information System; and • Call out all stops and major transfer points if the automated stop announcement system is not functioning properly.
5.3.4.2.2 Communications Skills Operators must uphold the City’s high-quality customer service expectations by performing the following duties: • Effectively communicate using English both verbally and in writing as solely determined by the City; • Provide assistance to passengers of limited English proficiency, including directing such passengers to where they can receive more information regarding Pasadena’s fixed route and Dial-A-Ride services; • Proactively communicate with passengers to disclose, explain, or answer questions about unscheduled stops, recovery points, driver
City of Pasadena, Department of Transportation Page 62 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 switches, or other interruptions to service, including the approximate amount of time each occurrence will last; • Proactively communicate with passengers when passengers board a bus that is either going out of service or completing its last trip of the day • Clearly, and in a friendly manner, answer questions from customers regarding any and all routes in the fixed route system, transferring to other agency routes in the service area, major destinations/points of interest in the service area, and reach out to dispatch for any questions the Operator is not able to answer; • Announce stops at or near a Gold Line station, unless otherwise being done properly by an automated bus stop announcement system; and • Announce all stops and major transfer points, unless otherwise being done properly by an automated bus stop announcement system.
5.3.4.2.3 Bus Stop Announcements Unless otherwise being done properly by an automated bus stop announcement system, it is the responsibility of the Operator to announce the following, as required by the ADA (Section 37.167(b)): • Transfer points with other fixed routes, both interagency and City- operated; • Other major intersections and destination points; • Intervals along the route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location; and • Stops as requested by an individual with a disability.
5.3.4.2.4 Operator/Vehicle Reliefs and Switches The City expects Operator reliefs/switches will occur only during scheduled recovery periods, unless otherwise approved by the City. City and Contractor will work together so that schedules will accommodate reliefs/switches to the extent feasible.
Planned vehicle switches must only occur during recovery periods and only in pre-approved locations by the City. Any exceptions must be approved by the City. Revenue service must not be delayed or interrupted due to a late Operator relief or switch.
5.3.4.2.5 Distribution of Materials Operators will, when requested by the City, hand out notices to passengers or otherwise render assistance in customer relations, promotion, marketing, monitoring and supervisory functions.
5.3.4.2.6 Fare Collection / Passenger Counting Operators will record ridership counts by passenger and fare category in accordance with procedures approved by the City. Operators will verify
City of Pasadena, Department of Transportation Page 63 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 deposits into the farebox of cash fares and verify validity of fare media. The Operator will only handle money for patrons unable to physically place their money in the farebox or Dial-A-Ride fare collection apparatus.
If the City changes its fare collection technology during the timeframe of this contract, procedures for operation and maintenance of new fare collection technology will be mutually agreed upon between the City and Contractor.
5.3.4.2.7 Pre-Trip Inspection Operators must conduct a Pre-Trip inspection prior to taking a vehicle into revenue service. The inspection must meet the federal and state requirements for commercial vehicle inspections. Contractor must allow sufficient time to conduct this inspection without delaying scheduled revenue service.
In addition, Contractor shall ensure that sufficient spare vehicles are inspected and ready to place into revenue service for both fixed route and Dial-A-Ride services, if needed, to ensure that there are no delays in scheduled revenue service.
5.3.4.2.8 National Transit Database Trip Survey Reports As needed, Operators or other Contractor staff will record ridership counts on forms provided by the City. The City will provide trip sampling requirements on a monthly basis.
5.3.4.2.9 Special Passenger Survey Data Collection Operators will assist in the distribution and collection of survey sheets or other data as needed.
5.3.4.3 Operator Training and Performance
5.3.4.3.1 General The Contractor shall provide Operator training and retraining that shall meet generally accepted transit industry standards and in compliance with 13 CCR as it relates to transit bus vehicle laws and regulations. An outline of the training program, including periodic updates, shall be submitted to the City. All Operators, dispatchers, customer information personnel, and supervisors shall participate in the program.
Driver training shall at a minimum include the following components: • Vehicle Operation- Includes training on vehicle orientation, safe bus operation, route and schedules orientation, and on-time performance; • Safe Vehicle Maneuvering; • Defensive Driving- Training program must include the National Safety Council’s defensive driving instruction;
City of Pasadena, Department of Transportation Page 64 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Federal Drug & Alcohol Regulations- All necessary employees shall be trained about the requirements contained in the DOT Drug & Alcohol regulations; • ADA Requirements & Sensitivity Training- All drivers must be trained to comply with Title II of the Americans with Disabilities Act (ADA) of 1990, and any additional ADA or Federal Transit Administration (FTA) training or testing that may be required by law; • General Vehicle Handling and Safety; • Passenger Assistance Techniques; • Passenger Relations, including knowledge of how passengers can file complaints; • Comprehensive knowledge of City’s transit system, including routes, stops, transfer locations with other agencies such as Metro and Foothill Transit, and familiarity with key points of interest, and general route frequency and hours of operation for all City routes; • Specific training in City transit policies and applicable regulations including, but not limited to: Reasonable Modification policy, Dial-A- Ride service policies, Etiquette and Code of Conduct, ADA and Title VI; • Farebox Training, including full understanding of fare and transfer policies, and thorough knowledge of all fare media accepted; and • • Usage of Transit Vehicle Arrival Information System components on vehicles.
5.3.4.3.2 Vehicle Training All Contractor employees who are licensed to operate Revenue Vehicles must be trained to operate each type of vehicle in the fleet. Contractor shall notify City of any limitations to a bus Operator’s license that keeps him or her from operating either Pasadena Transit or Dial-A-Ride service. Contractor must provide a Vehicle Operations Manual to each one of these employees for each type of vehicle in the fleet. Operators must also be trained on the ADA ramp/lift device and mobility device securement system for each vehicle type.
5.3.4.3.3 Route Training Each Vehicle Operator will be trained on each Route operated by the Contractor for the City. This training must include driving each Route completely in Non-Revenue and Revenue service with a Road Supervisor or Trainer. When service changes are made, Contractor shall ensure that all Operators are familiar with the new routes and/or schedules.
5.3.4.4 Annual Operator Performance Reviews
Contractor shall conduct performance reviews annually for each bus Operator. The review process will include information from the Field Supervisor’s ride along
City of Pasadena, Department of Transportation Page 65 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 as required under Section 5.3.6.6. The City will provide Contractor with any applicable reports based on Staff observations, any third party contractor the City may use to observe or evaluate Operator performance, or other modes of evaluation as applicable. The Contractor will review these reports with the individual Operator and maintain a record of the reports as part of the employee’s evaluation process.
5.3.4.5 Operations Procedure Handbook
The Contractor shall be responsible for the preparation of an Operations Procedure Handbook covering the duties performed by Operators, Dispatchers, Supervisors, and Management Staff. The City shall review and approve the draft Operations Procedure Handbook prior to Contractor finalizing and printing the document.
This Handbook shall include, at a minimum, the following subject areas: • Fundamentals of Customer Service; • Americans with Disabilities Act, including Reasonable Modification; • Operator Rules; • Accident / Incident Policies; • Communication Policies and Procedures; • Fog and Inclement Weather Policy; • Vehicle Inspection Procedures; • Vehicle Maintenance Policies; • Dispatch Policies and Procedures; • Telephone Procedures; • Bus Idling Policy; • Destination Sign Policy; • Transit Vehicle Arrival Information System Procedures; and • Operator Scheduling, Switching, and Recovery Procedures
5.3.5 Dispatch/Customer Service
Contractor shall provide sufficient personnel during peak and off-peak hours of operation so as to minimize telephone wait times for customers and avoid communication issues with vehicle operators. Personnel shall be trained in customer service techniques and to be sensitive to the special needs of the elderly and individuals with disabilities. The City and Contractor will arrive at a mutually agreed upon protocol for answering the phone, including, but not limited to, the standard verbal greeting and how to handle placing customers on hold.
5.3.5.1 Telephone Service
Contractor shall provide trained personnel to answer telephone requests for service for both fixed route and Dial-A-Ride services. Contractor shall provide a phone system that includes multiple lines sufficient to handle the expected call
City of Pasadena, Department of Transportation Page 66 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 volume, recording capability, and reporting capability. Hold times may not exceed 60 seconds for any call.
The City has a large number of Spanish and, increasingly, Chinese speaking fixed route and Dial-A-Ride passengers. Contractor shall ensure the presence of at least one Spanish speaking dispatch staff member during Dial-A-Ride reservation hours as defined herein and the immediate capability to provide translation services for other languages as needed.
5.3.5.2 Dispatch/Customer Service Hours
Customer Service staff will be available for the indicated purposes during the specified days and hours:
Dial-A-Ride Reservations: 8:00 a.m. through 5:00 p.m. Monday through Sunday
Dial-A-Ride Trip Cancellations: At all times that services are operating
General Trip Information and Customer Service Assistance: At all times that fixed route and Dial-A-Ride services are operating
During hours when telephones are not being answered, Contractor shall provide the capability for customers to leave a recorded message for trip cancellations.
5.3.5.3 Dial-A-Ride Scheduling and Dispatching
Contractor shall utilize a computerized software program to schedule and manage trip reservations. The program must be capable of accommodating standing, advance and same day reservations; making adjustments for cancellations; and integrating all demands for service into efficient vehicle schedules that maximize productivity and assure service quality. The program should also include a Web app or other type of interface so that the City can manage and have access to the client database in the scheduling software. City must also be able to access the Dial-A-Ride data generated by the scheduling software in order to conduct analyses and view historical information.
The scheduling system must be able to collect, retain, report on and monitor, at a minimum, the following information:
• Date and time of trip request; • Passenger information that includes, but is not limited to: name, address, phone number, client number, mobility device requirement, client classification, and contact name; • Trip information that includes, but is not limited to: client’s city and zip code of residency, destination, date, appointment time, return trip time, mobility device, and group ride designation; and
City of Pasadena, Department of Transportation Page 67 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Reservation confirmation that includes, but is not limited to: date, time and person for whom trip was confirmed; pick-up and return addresses and times given to passenger; date and person that entered trip into driver manifest; and confirmation number.
Contractor will create a daily manifest; the manifest will be updated at the end of the day to reconcile with the drivers’ paper trip sheets. Information for all trips made will be kept during the term of this contract. Information from the system must be able to be exported into an excel format to be used by City staff for report and client tracking.
Contractor will work with designated City staff to track Dial-A-Ride clients’ ride histories to identify those clients that violate late cancellation and no show procedures.
The provision of Dial-A-Ride scheduling and dispatching systems that enhance customer service and efficient delivery of quality Dial-A-Ride services are of the utmost importance to the City’s Dial-A-Ride program. The provided Dial-A-Ride computer system must include, at a minimum, real-time tracking of the vehicles, automated advance trip notification, and imminent vehicle arrival notification by phone, text and/or email. The provision of customer-facing apps such as online trip request and vehicle tracking is desirable, but not a strict requirement by the City.
City shall be provided with online access to Contractor’s Dial-A-Ride computer system, including vehicle tracking, on a real-time basis.
5.3.5.4 Fixed Route Dispatching
Contractor shall utilize the City’s Transit Vehicle Arrival Information System (TVAIS) to manage fixed route service. Dispatching tasks on the TVAIS system include:
1. Assigning vehicles: Each day in the TVAIS system, assign proper vehicles to the routes they are running. Timely and correct assignment of vehicles ensures that the public will receive correct real time arrival information. If a vehicle is switched during the day, Dispatch is responsible for timely update of the assignment in TVAIS.
2. Entering notes into the TVAIS system: Enter descriptions explaining late assignments, early departures, late departures, off route occurrences, missed trips or other service anomalies. Correct information is used to explain on-time performance, as well as for the planning process.
3. Identifying tracking issues: If a vehicle is not tracking properly, Dispatch is responsible for switching the vehicle in a timely manner, if another vehicle is available, and notify the City immediately regarding the issue.
City of Pasadena, Department of Transportation Page 68 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 Dispatch is also responsible for ensuring the change-out of TAP BMV’s, if necessary. If an Operator reports that a BMV is not working properly, Dispatch is responsible for coordinating with appropriate Contractor staff to troubleshoot or change-out the BMV equipment in a timely manner, if a back-up is available, and notify the City immediately regarding the issue.
5.3.5.5 Operator Instructions
The Dispatcher will ensure that the Operator assigned to a route has all the appropriate information to operate the service. This is critical when a replacement or cover driver is assigned to a route he or she has not done for a period of time. Instructions should include, but are not limited to: information regarding schedules, detours, stop closures and other special instructions.
5.3.5.6 Schedule Adherence
5.3.5.6.1 Operating Ahead of Schedule – Fixed Route In the event that a route operates ahead of its scheduled time (i.e. “runs hot” or “early”), Contractor shall take all available steps to restore on-time performance. Contractor shall establish procedures, subject to City review and approval, to restore on-time performance while keeping service interruptions at a minimum. Contractor shall contact the City as soon as possible through the designated communication protocol of any service running ahead of schedule.
5.3.5.6.2 Operating Behind Schedule – Fixed Route In the event that a route operates more than ten minutes behind schedule, Contractor shall take all available steps to restore on-time performance. Contractor shall establish procedures, subject to City review and approval, to restore on-time performance while keeping service interruptions at a minimum. Contractor shall contact the City as soon as possible through the designated communication protocol of any late or missed service.
5.3.5.6.3 Operating Behind Schedule – Dial-A-Ride In the event that Dial-A-Ride service falls behind schedule by more than 10 minutes (this would mean 10 minutes beyond the pick-up window of 15 minutes from the actual scheduled pick-up time for a cumulative time of 25 minutes), Contractor shall attempt to notify the client. When the manifest is behind schedule by one hour or more, Contractor shall notify the City.
5.3.5.7 ADA Backup Service – Fixed Route
If any mobility impaired individual is not able to board due to broken equipment or for any other reason, the Operator must inform the individual of the reason why they cannot be accommodated and when and how alternative transportation will be provided. The Operator must immediately report the problem to dispatch by the most immediate means available, so that the problem can be immediately
City of Pasadena, Department of Transportation Page 69 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 resolved. During times of the day when the route headway is greater than 30 minutes or the next scheduled vehicle also does not have functioning equipment, the Contractor must dispatch their ADA accessible non-revenue vehicle to transport the individual.
5.3.5.8 Dispatch Internet and Phone Redundancy
Internet and telephone service redundancy is critical to the dispatch operations of both fixed route and Dial-A-Ride. Without internet and/or telephone service, many internal and public facing systems will not function. Contractor shall develop, implement and maintain appropriate procedures to reestablish internet connection or continue fixed route and Dial-A-Ride dispatch functions through other means in the event of interruption of internet, computer systems, and/or telephone systems. Such procedures shall provide more than one alternative internet connection to ensure data transmission to Dial-A-Ride dispatching, the Transit Vehicle Arrival Information System, the continuation of safe and timely service operations and capture of operating data for manual input once systems are back online.
5.3.6 Road Supervision
Contractor shall provide road supervision as required to effectively monitor Operators and vehicles and assist Operators in revenue service, including assistance with special events, accidents, route deviations and emergencies, and as otherwise requested by the City. At least one mobile access point or whatever is needed to access TVAIS to perform work off site and in the field must be provided to road supervisors. At least one road supervisor vehicle shall have access to TVAIS remotely to assist in these tasks. See Attachment 4 for TVAIS Minimum Computer Hardware Specifications.
5.3.6.1 Pull-Out Inspection
A Field Supervisor should be present at any facility, to the extent feasible, whenever a scheduled vehicle pull-out is made.
5.3.6.2 Accidents
All traffic accidents involving transit system vehicles, irrespective of injury, shall be immediately reported to the appropriate law enforcement agency. The City’s Transit Manager shall be notified via the agreed upon communication protocol (e.g., email and/or phone) by Contractor of all accidents and incidents within 4 hours. In cases involving injuries where person(s) are transported for medical attention, the Contractor shall notify the City’s Transit Manager immediately.
The Contractor shall have an accident investigation program that identifies the roles and responsibilities of the individuals responsible for investigating accidents, including notification, response, and investigation. The accident investigation program must be designed to identify the root cause of accidents
City of Pasadena, Department of Transportation Page 70 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 and provide a path to eliminate the root cause and prevent similar types of accidents in the future.
Contractor will request that the law enforcement agency respond to investigate the accident. Contractor will supply the City with copies of all accident and incident reports and photos within twenty-four (24) hours of the occurrence.
5.3.6.3 Incidents
Contractor is responsible for responding to passenger incidents. All incidents must be logged and a legible, concise corresponding report must be filed. City must be notified immediately by email message (no later than close of the business day) with follow-up of the Operator and field supervisor reports electronically scanned and sent by email the following business day.
5.3.6.4 On-Time Performance Checks
Contractor shall conduct checks on a random basis and as necessary to monitor service performance. These reports will be provided to the City in an agreed upon format. It is anticipated that during the course of this contract, On-Time Performance will be primarily analyzed through real-time data from the Transit Vehicle Arrival Information System. City staff may also conduct periodic on-time performance checks and report the findings to Contractor. City may also hire a 3rd party Contractor to periodically conduct performance review of bus operations including, but not limited to, on-time performance.
5.3.6.5 Detours, Stop Closures and Temporary Stops
Contractor will deviate from established routes when necessary to avoid construction, detours, and vehicles or other obstructions within the public right of way. Contractor is responsible for routing of any detours and must post temporary out-of-service signs and/or temporary stop signs at stops as necessary. Contractor shall notify City by the agreed upon communication protocol (email/phone/other) of any such obstruction that caused deviation(s) or stop closures as soon as is practicable upon learning that the deviations or stop closures are or may become necessary.
5.3.6.6 Operator Performance Reviews
Contractor shall conduct performance reviews of each Operator on an annual basis. The review will consist of at least one ride along conducted by the Field Supervisor. Please refer to Section 5.3.4.4.
5.3.7 Vehicle Maintenance
All vehicles necessary for the revenue service of both fixed route and Dial-A-Ride are currently owned and provided by the City. Contractor shall at all times maintain all City-
City of Pasadena, Department of Transportation Page 71 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 provided vehicles and, at the direction of City, vehicles owned by other agencies and vehicle-equipment in good repair and in a condition satisfactory to the City. The Contractor shall assume all responsibility for the proper maintenance of the vehicles. The Contractor must comply with all applicable federal and other statutes and regulations governing vehicle use.
Contractor shall perform the duties and accept responsibilities set forth below in connection with the maintenance and repair of revenue and non-revenue vehicles, equipment, and facilities. All non-revenue vehicles, equipment, tools, spare parts and facilities required to operate the service will be provided by the Contractor.
Contractor shall not defer maintenance and repair for reasons of shortage of maintenance staff or operable buses, nor shall service be curtailed for the purpose of performing maintenance and repair without prior written consent of the City. Contractor shall adjust the work schedules of employees as necessary to meet all scheduled services and complete preventive maintenance and repair activities to the schedule approved by the City.
5.3.7.1 Maintenance Personnel
In addition to the Maintenance Manager, Contractor shall employ additional maintenance and service personnel on an acceptable fleet-to-mechanic ratio as necessary to properly maintain and service the City’s transit fleet.
Contractor shall ensure the maintenance personnel assigned to work on Pasadena Transit and Dial-A-Ride vehicles and equipment shall have the necessary skills to:
• Inspect vehicle compressed natural gas (CNG) and gasoline engines, transmissions, and other mechanical, electric, and electric parts and components; • Diagnose vehicle engine, transmission, electrical and electric component system problems; • Maintain and repair vehicle engines, transmissions, and other mechanical, electric, and electronic parts and components; and • Conduct preventive maintenance inspections and complete associated paperwork.
Proposers should detail their experience in operating and maintaining alternative fuel vehicles and zero emission buses in their proposals. The City currently owns vehicles fueled by CNG and unleaded gas but may begin the acquisition of zero emission buses during the term of this contract.
5.3.7.2 Required Training
The Contractor shall provide technical training of maintenance and repair personnel necessary to ensure a consistent level of current, thorough knowledge
City of Pasadena, Department of Transportation Page 72 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 in the maintenance and repair of the vehicles, including air conditioning systems, wheelchair lifts/ramps, electronically controlled engines and transmissions, and other ancillary equipment.
5.3.7.3 Fleet Maintenance
5.3.7.3.1 Daily Vehicle Servicing The Contractor shall perform daily vehicle servicing on all vehicles used in revenue service. Contractor shall detail in the Work Plan what daily servicing will occur in order to maintain vehicles in proper working condition. See Section 5.3.7.3.9 for minimum daily cleaning requirements.
5.3.7.3.2 Demand Maintenance The Contractor shall be responsible for the maintenance and repair of all vehicles, communication systems, and all other equipment, furnishings and accessories required in connection with its operation of the service in a clean, safe, sound and proper operable condition at all times, and fully in accord with any manufacturer recommended maintenance and repair procedures and specifications, as well as with the applicable requirements of any federal, state or local statute. All repairs to vehicles shall be performed by Contractor or by other vendors and suppliers designated by the Contractor. Repairs shall include, but not be limited to, work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. Repair work shall be conducted as soon as practicable upon learning that such work is required.
5.3.7.3.3 Preventive Maintenance Program The Contractor shall document and submit a preventive maintenance program for review and approval by the City or its representative within thirty (30) days of the effective date of the Agreement. At a minimum, Contractor’s preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry and shall be sufficient so as not to invalidate or lessen warranty coverage of any vehicle or associated equipment. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause for deferred maintenance and repair in specific instances where Contractor’s employees or the City or its representatives observe that maintenance and repair is needed in advance of schedule.
5.3.7.3.4 Engine, Transmission, and Differential Contractor shall be responsible to monitor the condition and performance of vehicle engines, transmissions and differentials so as to maximize useful life and avoid costly catastrophic failures. At a minimum, the Contractor’s monitoring program shall consider miles accumulated; fuel, oil transmission fluid and differential oil consumption trends; loss of power; and erratic performance. In addition, Contractor shall perform a laboratory analysis of engine oil at every oil change, laboratory analysis of
City of Pasadena, Department of Transportation Page 73 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 transmission fluid and differential oil every 4 months, or when necessary to assist in the diagnosis of a mechanical problem. Engine, transmission and differential overhaul shall be performed by a factory authorized repair shop, approved by the City or its representative in advance of work, using only OEM parts and OEM minimum overhaul standards. Contractor should note the various types of vehicles currently owned by the City as noted in Attachment 5.
5.3.7.3.5 Warranty Maintenance It shall be the expressed responsibility of the Contractor to assume all coordination with the original manufacturer of the vehicles and equipment used for service operations if necessary to keep the vehicles and equipment in safe and good operating condition; this applies to any City- owned, Contractor-owned, or leased vehicles. This shall include negotiating and processing all vehicle warranty claims through the manufacturer's own warranty department, and responsibility for collection of any monies, extended warranties, or credits as a result, for the length of time the warranty is in effect. See “Vehicle Warranty Information” posted on the PlanetBids website regarding warranties that may remain in force.
The Contractor shall be familiar with vehicle and equipment warranties, shall comply with all warranty provisions in the conduct of its maintenance and repair functions, and shall monitor warranty repairs to take full advantage of warranty service and to evaluate defects as potential fleet wide defects needing manufacturer correction.
5.3.7.3.6 Maintenance Records As required by California Code of Regulations 13 (13 CCR), the Contractor shall maintain a current vehicle file in chronological order. At a minimum, the following information must be kept in this file:
• Maintenance Repair Work Orders • Preventive Maintenance Schedule Reports • Operator's Defect Report (Pre-operation and Maintenance Record cards) • Report of Trouble • Quality Assurance Inspection Reports • CHP Terminal Inspection Reports • Vehicle Smoke Emissions records
All maintenance work orders and report files shall become a permanent part of the Contractor's file. Records shall be made available to the City or its representative, the California Highway Patrol and/or such other regulatory agencies with jurisdiction when requested. Original copies of all such records shall remain on file at all times at the Contractor’s local facility. Contractor shall provide the original copies to the City at the termination of the Agreement.
City of Pasadena, Department of Transportation Page 74 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.7.3.7 Mechanical Road Calls Response Time The Contractor shall be responsible for dispatching a replacement bus within 10 minutes in the event a revenue vehicle becomes disabled due to mechanical breakdown or accident. If the delay of service is 20 minutes or longer, the Contractor shall notify the City’s Transit Manager via the agreed upon communication protocol.
5.3.7.3.8 Vehicle Systems Contractor shall be responsible for maintenance of all on-vehicle systems and equipment including the following:
a) Wheelchair-Lift/Ramp/Securement Systems The Contractor will ensure that wheelchair lifts, ramps, and securement systems are operational on all vehicles in the fleet. Vehicles with inoperable systems will be removed from service immediately and repaired within 24 hours.
b) Climate Control [HVAC] Contractor shall maintain the heating and air conditioning units in proper working condition so that they are available at any time during the service hours and offer the most comfortable environment inside the vehicle regardless of the outside climatic conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensure that they are operating properly. In-service vehicles without working heating or air conditioning will be exchanged within one round trip or sooner. In April of each year of the contract, Contractor will provide the City’s Transit Manager with a schedule for inspection of air conditioning units to ensure they are ready for late spring and summer heat conditions.
c) Fare Collection/Passenger Counting Equipment Currently there are Diamond fareboxes installed on fixed route buses. For passenger counting, all vehicles are equipped with manual counters and Mobile Data Terminals (MDTs). The City is a part of the Metro Regional Transit Access Pass (TAP) program which includes TAP mobile validator equipment on all fixed route and Dial-A-Ride vehicles and associated equipment in the maintenance yard to facilitate the downloading of data and the back-office computer equipment to collect the data and transmit it to the regional clearing house.
The Contractor is responsible for performing all maintenance of fareboxes and manual passenger counting equipment. Preventive maintenance will be done as outlined in the manufacturer’s PMI procedures. Contractor shall stock sufficient spare farebox parts to effect repairs as needed and to ensure that all vehicles have functioning fareboxes at morning pullout.
TAP equipment is currently maintained by Cubic. The Contractor is responsible for testing and ensuring that TAP equipment is working
City of Pasadena, Department of Transportation Page 75 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 properly. If the equipment is not working properly, the Contractor is responsible for coordinating directly with Cubic and the City, in a timely manner, to repair the equipment.
MDT equipment is maintained by Connexionz. The Contractor is responsible for testing and ensuring that MDT equipment is working properly. If the equipment is not working properly, the Contractor is responsible for coordinating directly with Connexionz and the City, in a timely manner, to repair the equipment.
d) Destination Signs All the fixed route vehicles provided under the Agreement have electronic destination signs. The current Dial-A-Ride vehicles do not have electronic destination signs; however, this may change per future acquisition of vehicles. The City will provide the destination information to be programmed into the signs, and the Contractor will be responsible for programming the sign using the information provided. In the event a sign is not working, the Contractor will be responsible for fixing the sign as soon as possible.
e) Real-Time Transit Vehicle Arrival Information Systems The City has implemented a Transit Vehicle Arrival Information System (TVAIS) for Pasadena Transit. Although the system is supported and maintained by a third party vendor, the Contractor will be required to conduct initial troubleshooting and report any aspects of the system that need review or repair. Revenue service vehicles that lose GPS positioning for over an hour shall be exchanged within the next hour with a vehicle with fully functional GPS positioning.
If the equipment is not working properly, the Contractor is responsible for coordinating directly with the City and Connexionz, in a timely manner, to repair the equipment.
f) Fire Suppression Equipment Contractor is responsible for obtaining regular certifications as required for fire extinguishers and fire suppression equipment installed on the revenue vehicles.
g) Bike Racks Contractor is responsible for replacing any bike rack damaged during the Agreement. Contractor shall maintain a sufficient spare parts inventory to ensure that damaged racks are replaced within two (2) weekdays.
5.3.7.3.9 Vehicle Condition The Contractor shall maintain vehicles in a clean and neat condition at all times. A record of interior and exterior vehicle cleaning shall be maintained in the Maintenance Manager’s office, or other designated
City of Pasadena, Department of Transportation Page 76 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 maintenance shop location. The following cleaning procedures must be completed, at a minimum, during the intervals as noted.
Frequency of Minimum Procedures Service Daily Cleaning • Vehicle sweeping • Litter and debris removal • Spill cleaning • Exterior washing • Interior and exterior graffiti removal Weekly • Interior vehicle cleaning (unless needed more Cleaning frequently) • Window replacement if glass is scratched (if the glass is broken or cracked, it must be repaired/replaced immediately) Monthly • Rubber preservative treatment Cleaning • Deep cleaning Quarterly • Waxing Cleaning As Needed • Deep cleaning of bus interiors in certain situations Cleaning • Fumigation • Seat cleaning or replacement
5.3.7.3.10 Body Damage Contractor is responsible for repairing all vehicle body damage in a timely manner. Should the vehicle need extensive body repairs, the Contractor shall provide the City with a timeline for the repairs to be completed. Normal body damage must be repaired within 72 hours of occurrence.
5.3.7.3.11 Vehicle Towing In the event that towing is required due to mechanical failure or damage, the Contractor shall be responsible to provide towing at the Contractor’s sole expense.
5.3.7.3.12 Exterior / Interior Advertising & Public Notices The City reserves the exclusive right to place advertising material on the interior and/or exterior of the revenue vehicles. Contractor shall not install any advertising material on the interior or exterior of the bus except as directed by the City. Should the City choose to have an advertising program, the Contractor shall cooperate with the City’s advertising vendor and shall make reasonable efforts to allow the vendor to install and remove advertising at the Contractor’s maintenance facility.
The City shall periodically request Contractor to place ad rack cards (cards) in the interior of the buses. The Contractor will work with the City to install the cards, maintain them in good order, and remove them.
City of Pasadena, Department of Transportation Page 77 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 Contractor shall have a sufficient supply of ad rack straps to hold the cards securely in place. These cards may be for City sponsored events, public information for various transit programs, detours, or other information.
5.3.7.3.13 Revenue Vehicle Paint & Decals Contractor must paint all damaged vehicles to match the original color scheme and replace damaged decals to match the corresponding artwork/graphic/color guidelines.
All vehicles utilized in the fixed route and Dial-A-Ride fleet are required to have each service’s logo/decal on them and the approved artwork as well. The City will provide the paint color-scheme, logo/decal design, and artwork for each service as needed. Contractor is responsible for the expense of the fabrication of these items and placing the logos/decals on the vehicles. Contractor shall be responsible for the maintenance and upkeep of the logo/decal and artwork on the vehicles. Vehicles currently in service already have the required logo/decal and artwork.
5.3.7.4 City Vehicle Inspections
5.3.7.4.1 Inspection At Any Time City shall have the right to inspect any and all vehicles at any time with or without prior notice to Contractor, City shall give at least a 24 hour notice of any such inspection, unless City determines, at its sole discretion, that emergency conditions or factors affecting safety or security require otherwise,
5.3.7.4.2 Quarterly Third Party Inspections On a quarterly basis a third party vehicle inspector engaged by the City may inspect a portion of the City transit fleet. The vehicles to be inspected will be designated by the City and communicated to the third party inspector and Contractor. City and third party inspector will coordinate with Contractor to make designated vehicles available for inspection with reasonable accommodations for ensuring scheduled transit services are operated.
The third party inspector’s reports will be submitted to City, who will provide a copy to the Contractor. Contractor will address all noted issues immediately and respond in writing to the City. Contractor and City will analyze these reports to identify possible trends and issues.
5.3.7.4.3 Return of Revenue Vehicle Audit At least thirty (30) days prior to the termination date of the Agreement, the City, the Contractor, and the new Contractor (if any) taking over operations and maintenance responsibility, shall participate in a revenue vehicle audit. The audit will be performed by an independent Contractor,
City of Pasadena, Department of Transportation Page 78 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 selected by the City, which is experienced in transit vehicle operations and maintenance and vehicle inspections. This audit will occur regardless of whether a new contractor is taking over operations and maintenance. The Contractor shall pay all costs associated with hiring the audit Contractor.
The audit will establish the condition of the revenue vehicle fleet, as of the audit date, and to determine the specific repairs and maintenance that need to be performed, by vehicle, in order to assure that all revenue vehicles will meet the vehicle condition requirements specified in the Agreement. The Contractor shall be solely responsible for promptly completing all repairs and/or maintenance identified in the audit as necessary to meet such vehicle condition requirements; and shall also be solely responsible for the cost of all such repairs and maintenance. If at the time there are also leased vehicles being used for revenue service, where applicable, these terms shall also apply to the leased vehicles, unless otherwise covered in the lease agreement.
5.3.7.5 Vehicle Out-of-Service Criteria & Procedures
Vehicles providing service under this Agreement may be taken out-of-service by City or CHP personnel in compliance with the North American Uniform Out-of- Service Criteria and Title 13 of the California Code of Regulations. The most current version published shall be used at all times. The Contractor must have a physical lockout device to render a vehicle immobile when Out-of-Service. Contractor must notify City staff prior to placing the Out-of-Service vehicle back into revenue service. Contractor will not be paid and will be assessed penalties for any revenue service operated by a vehicle that has been designated as out- of-service.
5.3.7.6 CHP Terminal Inspection
The Contractor must make all vehicles available for inspection by the California Highway Patrol (CHP) as necessary. The Contractor must also follow CHP maintenance record guidelines and make all records available for inspection. The Contractor must notify the City within 24 hours when a CHP inspection has occurred.
5.3.8 Vehicles and Equipment
Contractor shall be responsible for providing all vehicles and equipment necessary for the efficient administration and operation of City’s transit services other than as specified in Section 5.2, City Responsibilities. The following are specific requirements in addition to what Contractor may determine to be needed.
City of Pasadena, Department of Transportation Page 79 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.8.1 Non-Revenue Vehicle Requirements
It is Contractor’s responsibility to provide all non-revenue vehicles required to support the services under this Agreement. The vehicles to be provided shall be detailed in Offeror’s proposal including, at a minimum: make, model, year of manufacture, and lifetime mileage.
5.3.8.1.1 Maintenance Truck Contractor shall provide at least one dedicated maintenance truck for providing road call service under the Agreement. The truck(s) must have all equipment necessary to provide sufficient road call service to vehicles. The truck(s) must also be painted white with Contractor logo.
5.3.8.1.2 Support Vehicles Contractor shall provide a sufficient number of vehicles for providing driver relief and road supervision. Revenue vehicles are not permitted to provide driver relief. At least one of the vehicles must be a van for emergency ADA service that is wheelchair-accessible from the sidewalk of the bus zone and passenger side of the vehicle (“curbside”) and configured to provide seating for a passenger utilizing a wheelchair and at least two ambulatory passengers, not including the driver. All support vehicles must meet the following specifications at time of contract award:
• Less than one-year of age; • Less than 25,000 miles on odometer; • Painted white; and • Pasadena Transit and Contractor logos clearly visible on the exterior with a label reading “Contractor Vehicle” next to Contractor logo. The Pasadena Transit logo shall be located on driver and passenger doors and have more prominence on the vehicle than the Contractor logo.
5.3.8.1.3 Option to Purchase Vehicles If, at any point during the contract period, the Contractor brings in vehicles they own into service, the City may opt to purchase any or all of the vehicles used by the Contractor in providing the services specified in this RFP. At that time, after the prices and conditions have been agreed upon by both the City and the Contractor, Contractor shall deliver the vehicles, and, additionally, warrant the vehicles to have been properly serviced, maintained, and in good repair.
5.3.8.2 Mobile Communications System
Contractor shall maintain a two-way communication system for voice communication relating only to City of Pasadena transit services between dispatch, vehicle operators, road supervision and other staff while in the field. System may be two-way mobile radio or push-to-talk cellular and shall be in
City of Pasadena, Department of Transportation Page 80 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 compliance with all applicable federal statutes, regulations, and licensing conditions. Contractor must provide City with one (1) unit to allow monitoring of voice communications and shall additionally have a sufficient stock of handheld devices to cover for times when a specific device is not functioning.
Contractor shall be responsible for all costs and charges including airtime or other frequency use charges connected with the use of the system, and for all maintenance and repair required for maintaining the system. Contractor shall have a backup plan for providing service immediately upon learning that the system is down.
5.3.8.3 Telephone System and Equipment
5.3.8.3.1 Phone Numbers The City shall arrange for transfer of the telephone numbers for Pasadena Transit and Pasadena Dial-A-Ride [626-398-8973 and 626-791-7200] to the successful Contractor immediately prior to the effective date of this contract. Upon expiration of this contract, Contractor will cooperate with the transfer of such telephone numbers to subsequent Contractor. Contractor agrees that they have no ownership rights to any telephone numbers related to Pasadena Transit and Pasadena Dial-A-Ride.
5.3.8.3.2 Phone Lines Contractor must ensure that phone services provided are sufficient to effectively and efficiently support the fixed route and Dial-A-Ride systems, including a redundancy plan in the event land line phone line service is interrupted. At a minimum, Contractor must have the following telephone services available from their facility: • Phone Lines - Sufficient number of phone lines for Contractor’s internal and customer service functions to satisfy the performance standards specified in this RFP; • Fax Line - At least one dedicated Fax Line; and • Administrative line(s) for Contractor’s business purposes.
5.3.8.3.3 Telephone Equipment Contractor shall provide all telephone equipment and phone system. Contractor shall provide TDD equipment for communications with hearing impaired patrons and a voice message system for recording trip requests and cancellations for the Dial-A-Ride service when the dispatch facility is closed.
Contractor shall provide an automatic call sequencer (ACS) unit which shall answer all service request calls, hold the calls in a queue if they cannot be answered immediately, and cause the calls in a queue to be answered in the order in which they were received. The ACS shall capture and allow for the reporting of data on telephone system performance, including, but not limited to, total calls received; total calls
City of Pasadena, Department of Transportation Page 81 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 abandoned; average hold time; and maximum hold time. Contractor shall provide ACS reports to the City monthly.
5.3.8.4 Computer and Internet Services
Contractor shall have a standing (fixed) IP address and coordinate with City’s IT Department to have the address added to the City’s firewall. Contractor is required to have high-speed internet service sufficient to allow for the Transit Vehicle Arrival Information System to be used properly by contractor. See Attachment 4, TVAIS Minimum Computer Hardware Specifications.
Contractor shall provide, at a minimum, the following equipment: • All computers and software for administration and management of the City’s transit system including any reservations and scheduling software for the Pasadena Dial-A-Ride service; • At least one internet connected mobile computer is needed to access TVAIS to perform work off site and in the field; • Each dispatcher shall have a monitor for fixed route dispatching and a separate monitor for Dial-A-Ride dispatching; • At least one stand-alone dedicated large wall-mounted monitor for the Dispatch area that is a sufficient size for individuals from any vantage point in the Dispatch area to be able to clearly view information being displayed on the monitor; and • A large dedicated stand-alone monitor in the appropriate management staff office(s) for viewing live camera feeds and/or other real-time feeds as needed.
The City provides no computers or software except for the TVAIS software.
Though not required, it is desirable for the Contractor to provide an integrated run cutting and scheduling software with a license shared with the City, to streamline the scheduling process. Coordinating blocking with runcutting and collaborative scheduling may allow for efficiencies not otherwise able to be realized. Integration with Connexionz is desirable.
5.3.8.5 Parts Inventory & Tools
Contractor shall establish and maintain an ongoing spare parts inventory sufficient to minimize vehicle down-time and ensure that peak vehicle requirements are met. This inventory must be kept in the maintenance facility. If other vehicles are maintained in the facility, the revenue vehicle parts for Pasadena vehicles must be in a separate secure area to prevent unauthorized use of the parts. All tools and equipment used for revenue vehicle maintenance and repair, except for small hand tools provided by Contractor’s employees, shall be provided and maintained by the Contractor.
City of Pasadena, Department of Transportation Page 82 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.9 Operations and Maintenance Facility
The City does not own an Operations and Maintenance facility. The City is actively pursuing a location to own for these purposes. It is not certain that this will be resolved during the term of the upcoming transit services agreement.
5.3.9.1 General Facility Requirements The Contractor shall be responsible for securing, establishing, and maintaining a facility that is solely for the operations and maintenance of the City’s transit services. The Contractor shall, as an integral part of the operating headquarters, equip and furnish the office, dispatch area, operator, training, and maintenance areas with all furnishings and equipment required to conduct business pursuant to this RFP. Contractor must disclose the legal status of any proposed property – that is, whether it is owned by Offeror, leased, or under offer to lease.
Although the City prefers that the facility be located within the City of Pasadena, it recognizes the limited availability of suitable properties. Consequently, City will entertain locations within an operationally feasible distance of the city limits or the use of more than one location to conduct the operations and maintenance. If proposing a facility outside the City, Offerors shall detail how deadhead mileage will be minimized on City vehicles.
5.3.9.2 Administrative Offices The Administrative Offices must have, at a minimum, the following components: • Key Personnel Offices; • Dispatch Area; • Driver Room; and • Meeting Area for a minimum of ten (10) people.
5.3.9.3 Maintenance Area Contractor shall provide a facility with sufficient repair bays to maintain the vehicle fleet. The facility must meet all requirements for the maintenance of all vehicles, including any special requirements for CNG vehicles. Contractor shall equip the facility with all the tools, equipment, and spare parts necessary for the maintenance and repair of revenue and non-revenue vehicles in accordance with the Agreement.
5.3.9.4 Fare Collection/Storage Area Proposed facility shall have a designated secure area for collection and storage of passenger fare revenues after removal from revenue vehicles and prior to transfer to an appropriate banking facility.
5.3.9.4 Vehicle Parking and Deployment All revenue and non-revenue vehicles on the premises provided by the Contractor shall be stored at all times either within an enclosed, paved garage, or within a paved, fenced and security lit outside storage area. The Contractor shall provide a parking plan to the City upon award of Agreement. As described in
City of Pasadena, Department of Transportation Page 83 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 Section 5.2.8.2 Satellite Parking, the City is currently providing limited satellite parking for revenue vehicles; if needed, the City plans to continue to provide the same or equivalent satellite parking that it currently provides.
Contractor is responsible for addressing employee parking. Contractor employee parking must abide by all parking regulations and will not receive any exemptions. Parking is restricted on most streets from 2:00 a.m. until 6:00 a.m. and as otherwise posted.
5.3.9.5 Security of Operations and Maintenance Facility Contractor shall provide appropriate security measures at and for the Operations and Maintenance Facility and any other facility provided by Contractor to safeguard employees, Contractor and City-owned equipment and vehicles, and passenger fare revenue while in the custody of the Contractor. Measures shall include, at a minimum, perimeter fencing with locking gates, video surveillance, and security lighting of all vehicle parking areas and facility entrances.
5.3.10 Restroom Facilities
Contractor is responsible for determining restroom locations for Operators to use during recovery time. Contractor must provide a list of these locations to the City for every recovery location. Contractor is responsible for any cost associated with agreements with local businesses or agencies to use their restroom facilities.
5.3.11 Fueling
5.3.11.1 Travel Time City will not pay for time spent going to and from fueling facilities or time spent fueling vehicles [See Section 5.1 for definition of “Vehicle Revenue Hour”]. The Contractor shall account for travel time associated with fueling in accordance with procedures established for NTD reporting.
5.3.11.2 Revenue Vehicles The City will provide the fuel for all revenue vehicles operated under the Agreement.
Should it become necessary for Contractor to purchase fuel for revenue vehicles, the City will reimburse Contractor for all fuel used. Contractor will purchase the fuel and include the fuel invoices to be paid with the monthly invoice. Contractor must keep detailed records for fueling including vehicle number, mileage, gallons (if available), and date/time for each occurrence a vehicle is fueled.
5.3.11.3 Non-Revenue Vehicles Contractor will be responsible for paying for all fuel used in non-revenue vehicles.
City of Pasadena, Department of Transportation Page 84 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.11.4 Training All Contractor employees that will fuel vehicles must be trained for appropriate use of fueling station equipment.
5.3.12 Safety and Emergency Procedures
Contractor shall assume full responsibility for assuring that the safety of passengers, operations personnel, and all vehicles and equipment are maintained at the highest possible level throughout the term of the Agreement. Contractor shall comply with all applicable California Highway Patrol and OSHA requirements, including pull notices. Contractor shall furnish the City with copies of annual CHP vehicle/equipment inspections and CHP safety compliance reports within five working days of the inspection.
Contractor shall develop, implement and maintain, in full compliance with any applicable local, state, or federal regulations or requirements, a formal safety and accident prevention program including monthly safety meetings, participation in safety organizations, safety incentives offered by Contractor to Operators and other employees, and participation in risk management activities under the auspices of the Contractor’s insurance carrier or other organization. Contractor shall provide a copy of said Safety Program and subsequent program updates to the City or its representative.
Contractor shall participate in the State of California Department of Motor Vehicles “Employer Pull Notice Program” for appropriate monitoring of employee driver license activity.
Contractor will require all Operators, control room personnel, vehicle maintenance and repair mechanics, and supervisors to participate in the safety program.
5.3.12.1 Accident, Emergency and Incident Procedures - General
The Contractor shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. The Contractor shall notify through the City agreed upon communication protocol of each occurrence as soon as possible but no later than the end of the day of the occurrence. A written incident report will be transmitted to the City by the following business day. The Contractor shall be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following:
5.3.12.2 Hazardous Conditions
Vehicle operators shall report all hazardous road conditions (e.g., downed trees, missing or downed bus signs, graffiti on bus benches, malfunctioning signals, broken curbs at bus stops, etc.) in the service area to the Contractor’s supervisor. Contractor, in turn, shall immediately notify the City of such
City of Pasadena, Department of Transportation Page 85 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 conditions and shall take necessary precautions to safeguard passengers and personnel.
5.3.12.3 In Service Vehicle Failures
The Contractor shall require the vehicle operators to report any in service vehicle failure to the Contractor’s supervisor. The supervisor will attempt to ascertain the problem, use good judgment, and instruct the vehicle operator to take appropriate corrective action. If necessary, the supervisor will immediately send a spare vehicle to the location and the operator and passengers will change vehicle and continue in service. The Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle.
5.3.12.4 Wheelchair Lift/Ramp Failure
The Contractor shall be responsible for the proper operation and maintenance of all wheelchair lifts or ramps. The Contractor shall require vehicle operators to report all in service lift or ramp failures to the Contractor’s supervisor. If the lift or ramp fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for alternate transportation for the passenger in the wheelchair inconvenienced by the equipment failure. If the lift or ramp fails while attempting discharge of a wheelchair passenger, the operator shall manually operate the equipment and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift or ramp failure.
5.3.12.5 Passenger Disturbances
The Contractor shall instruct vehicle operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the vehicle operator's supervisor. The supervisor shall use good judgment in handling passenger disturbances which occur on the bus or at the bus stop by appraising the situation, issuing appropriate instructions to the operator and requesting law enforcement assistance if necessary.
5.3.12.6 Medical Assistance to Passengers
The Contractor’s employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the vehicle operator shall immediately advise the Contractor’s supervisor of the situation and location of the vehicle and the supervisor shall notify the appropriate fire department, police department, or paramedics for assistance.
City of Pasadena, Department of Transportation Page 86 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.12.7 Accidents
The City requires the Contractor to have an accident and emergency notification program that keeps the City notified of accidents or emergencies and the progress of claims to assure City that claims are promptly and fairly handled. The Contractor shall require all vehicle operators to report any accident or incident involving the vehicle to the Contractor’s supervisor. The supervisor shall use good judgment in handling the situation and shall immediately notify the appropriate police or fire department, if necessary. The Contractor will complete an accident report approved by the City with a copy sent to the City no later than the start of the next service day. The Contractor shall submit all accident related reports to the DMV as required. Contractor must assume all liability for accidents and workers’ compensation claims, etc. When a claim is received by the City, it will be forwarded to the Contractor with a request that they tender the claim and provide the City with a tender letter confirming assumption of liability.
5.3.12.8 Emergency/Natural Disaster
In the event of an emergency or natural disaster, Contractor shall make available, to the maximum extent possible, transportation and communications services and facilities to assist the City in ameliorating such incidents. To the extent the City requires Contractor to provide such emergency services and facilities, Contractor shall be relieved of the obligation to fulfill the duties and responsibilities to operate services herein above contained. Further, Contractor shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Contractor and the City following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.
5.3.12.9 Public Health Emergency
Should the COVID-19 emergency still be in effect as of start of service under this agreement, the Contractor shall continue all employee, vehicle and facility measures that have been implemented with the incumbent Contractor as described in Section 2.4 of this RFP document, “COVID-19 Response.”
In the current COVID-19 response and in any future public health emergency, Contractor shall, in coordination with the City, immediately implement protective measures as recommended by the Centers for Disease Control (CDC), the State of California, and/or the Health Officer of the City of Pasadena or County of Los Angeles.
Prior to the initiation of transit services under this agreement, Contractor shall submit to the City for its review and concurrence a plan for the acquisition and provision of Personal Protective Equipment (PPE), cleaning materials and other
City of Pasadena, Department of Transportation Page 87 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 expendable supplies that are or would be needed to properly respond to a public health emergency to the best of their knowledge.
Contractor shall be entitled to be paid reasonable compensation for the measures taken to respond to a public health emergency as approved by the City in advance, provided, however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Contractor and the City.
5.3.13 Fare Collection
5.3.13.1 Fare Collection Equipment
The City currently uses Diamond drop or other stationary fareboxes and TAP mobile validators on fixed route and Dial-A-Ride vehicles. It is possible that during the course of the Agreement the City may purchase registering fareboxes, or other fare collection technology/equipment, and auxiliary equipment for use in fare collection. This equipment will be City property and will be removed from the facility at the City’s cost at the termination of the Agreement.
5.3.13.2 Fare Collection Policy All fares shall be established by the City. Contractor shall ensure that all Operators are aware of and adhere to the fare structure of Pasadena’s fixed route and Dial-A-Ride services. Fares shall be deposited by patrons in the farebox or fare collection apparatus provided in each vehicle, including TAP mobile validator, or otherwise presented by patrons using other forms of accepted fare media (Access Services card, Metrolink pass, etc.). Contractor shall accurately account for passengers by fare type using the passenger- counting equipment.
Contractor shall ensure that operators record all boardings by fare category and shall report ridership figures monthly to City in accordance with the established reporting schedule. This information is critical to the City’s program requirements.
Contractor shall provide a detailed security plan that outlines procedures to protect City farebox revenues against theft or fraudulent reporting. Contractor shall count and keep fares under appropriate security and shall reconcile fare revenues to passenger activity. All fare accounting shall be in accordance with procedures to be proposed by the Contractor and subject to the City approval. Fare revenue shall be deducted as a credit on Contractor’s monthly invoice. The City reserves the right to audit fare revenue collection and accounting at reasonable times without prior notification to Contractor.
5.3.13.3 Free Fare
Periodically the City will conduct special programs that will include allowing individuals to board its services for free. The City will notify Contractor in advance
City of Pasadena, Department of Transportation Page 88 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 of the parameters of the program and what might be required of the Operators accordingly.
5.3.14 Data Collection / Reporting
In addition to any other reports required by law, the Contractor is also responsible for maintaining all project records as requested by the City. All data and records relating to City of Pasadena transit services shall be the property of the City.
5.3.14.1 General Provisions
Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for the City pursuant to this RFP on computer and in hardcopy file for at least three (3) years following the date of final payment to Contractor by City, per Federal Regulations in the common grant rule, 49 CFR 18.36(i). Any authorized City representative must have access to such records for the purpose of inspection, audit and copying at reasonable times during Contractor’s usual and customary business hours. All project records prepared by the Contractor shall be owned by the City and shall be made available to the City at no additional charge. The Contractor shall certify as accurate all information given to City.
Data collection and reporting includes the following daily, monthly, annual, and as-needed requirements:
5.3.14.2 Daily
• Out of Service Vehicle List - Shows which vehicles are not available for service, reason, and anticipated date for return to service; • Pull-Out Report - Includes pull-out time for each vehicle and status of system components; • Service Interruption Summary - Brief description of any service interruptions with reason and steps taken to fix; • Dispatch logs shall be maintained daily; and • Dial-A-Ride manifests shall be maintained daily.
5.3.14.3 Monthly
Monthly reports and invoices shall be submitted to the City by the 10th of the month. In the event the 10th falls on a day the City is closed, the report will be due the first working day following the 10th. • Monthly Invoice - City-provided or City-approved template, submitted electronically to City Finance Department for both ixed route and Dial-A- Ride services, copying the appropriate City Transit Division staff; • Operational Data - Contractor shall collect, record, and report all operational data required by the City in a format approved by the City. Such data shall include, but not be limited to, statistics required by all
City of Pasadena, Department of Transportation Page 89 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 applicable local, state, and federal regulations, including Metro, Caltrans, FTA, etc. These statistics may include, but are not limited to, passenger count data by fare category, vehicle hours, vehicle miles, vehicle revenue hours, vehicle revenue miles, passengers per hour, and mobility device boardings, as they apply to fixed route and Dial-A-Ride services; • NTD Passenger Mile Samples - Completed trip survey sheets using random samples provided by the City. Contractor staff, such as operators or road supervisors, must record boardings and alightings at every stop on all trips conveyed by the City. This information will be submitted to the City in the monthly report; • Telephone performance data, including but limited to, total calls received; total calls abandoned; average hold time; and maximum hold time; • On-Time Performance Checks - As described in Section 5.3.6.4; • Disadvantaged Business Enterprise (DBE) reporting in compliance with Section 3.6.6 Race Conscious Disadvantaged Business Enterprises; • Employee Roster - List of positions and current assigned employees. If a position is open, a description of steps being taken to fill the position should be identified; and • Preventive Maintenance Report - Log of preventive maintenance status by vehicle and component.
5.3.14.4 Annually
• NTD Report - Additional data as needed for City to complete report; • Report on Spring inspection of climate control maintenance program on the entire fleet; and
5.3.14.5 Reporting as Needed
The following reports shall be prepared and submitted to City as requested or immediately after the precipitating event: • Accident Report • Incident Report • CHP BIT Inspection Report • Passenger Load Reports • DBE reporting as specified by Metro • Other reports as required by the City or other local, state, or federal requirements or regulations
5.3.14.6 Contractor Reports for City Review
The following documents shall be made available for City review upon request. Except for extenuating circumstances, Contractor will make documents available in their offices within two (2) working days of receipt of City’s written request, which may be by email.
City of Pasadena, Department of Transportation Page 90 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 • Dispatch Log - The detailed written record of vehicle assignments, into and out-of-service times, breaks and lunches, accidents/incidents and on- board events. • Road Supervisor Logs - Daily summaries of work completed by each road supervisor. • Any other report or documentation related to the operation of City of Pasadena transit services.
5.3.15 Customer Service
The City will email all customer correspondence to the Contractor as they are received. The Contractor shall make at least three documented attempts to contact each customer filing a complaint, concern, or question as soon as possible and no later than five calendar days in order to discuss and provide a resolution, if any. The Contractor shall also provide the resolution or other applicable information to the City via the agreed upon communication protocol no later than five calendar days from receipt of the information.
Contractor shall report all customer correspondence received directly to their offices to the City. The Contractor must inform the City within one working day of the communication and shall follow the procedures noted above for resolution of any complaints.
5.3.16 Timetables
The Contractor will maintain an adequate supply of timetables (i.e., route schedules) for distribution on buses as needed. The City reserves the exclusive right to print and distribute such printed materials as it may choose to additionally publicize and inform the public of the bus service.
5.3.17 Lost & Found
The Contractor is responsible for storing lost and found items in a secured location for 30 days. The Contractor will keep a log that has information about who found the item, where it was found, and the date and time it was found. After 30 days, the Contractor must donate any unclaimed items to a local charity, per prior approval of the City, and report this information to the City.
5.3.18 Communication Between City and Contractor
City and Contractor shall develop an agreed upon communication protocol that details how information is conveyed. The protocol may include the use of email, phone, or other modes of communication agreed upon. The protocol will establish time periods for different events. These procedures are intended to ensure that City staff is aware of passenger complaints, concerns, issues, and operational problems. Operators are to report any passenger complaints, concerns, issues, and operational problems
City of Pasadena, Department of Transportation Page 91 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 immediately to Contractor staff who will ensure that appropriate measures are taken to appropriately address what is being reported.
5.3.19 Legal & Regulatory Requirements
5.3.19.1 Drug and Alcohol Testing
The Contractor will be required to comply with FTA drug and alcohol testing regulations in compliance with FTA Master Agreement Section 40, and with other drug and alcohol testing rules and regulations as may be required by the FTA. The Contractor will provide City with any necessary information and documentation to enable City to comply with FTA reporting requirements.
5.3.19.2 Americans with Disabilities Act
All service provided by the Contractor on behalf of City shall comply with the applicable requirements of the Americans with Disabilities Act (ADA), specifically including, but not limited to: lift and securement use requirements at 37.165, ADA transit service requirements at 37.167, and Reasonable Modification. The Contractor will submit for City’s review and approval an ADA program and documents used for operator training.
5.3.19.3 National Transit Database (NTD) FTA Reporting Requirements
The City is required to submit accurate National Transit Database data for submittal to the Federal Transportation Administration (FTA). The City participates in this program with both the fixed route and Dial-A-Ride programs. The City is subject to significant financial penalties for failure to report auditable data.
The Contractor is responsible to become familiar with all reporting requirements for both the Pasadena Transit and Dial-A-Ride programs and to supply accurate financial and operating data which complies with above described requirements. The City’s monthly report requirements have been structured to ensure the collection of data required for the reports; however, the type of information and the reporting format is changed by the FTA on a regular basis. The Contractor shall work with the City to keep up to date on all reporting requirements. This will require Contractor staff to attend meetings with City staff hosted by Metro, the FTA, and/or other agencies/entities.
Contractor shall be required to work with City to prepare for the audit; this includes, but is not limited to, pre-audit meetings to ensure all records are current and available. Contractor will also be responsible for meeting with the auditor(s) and making all records available.
City of Pasadena, Department of Transportation Page 92 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.3.19.4 Title VI Requirements
The City is required by Metro to submit triennial Title VI Reports, documenting that the City does not discriminate in its provision of services on the basis of race, color or national origin under Title VI of the Civil Rights Act of 1964. The Contractor agrees to abide by the policies set forth in the City’s Title VI Notice to Beneficiaries, Public Participation Plan, and Service Standards and Policies document as applicable.
5.3.19.5 Other Federal Requirements
The City of Pasadena has been/may be a recipient of Federal Transit Administration (FTA) funding for both capital and operating expenses. As a result, the Contractor agrees to comply with all federal regulations as applicable, necessary, or required.
5.3.19.6 Other State Requirements
The City of Pasadena has been/may be a recipient of State funding for both capital and operating expenses. As a result, the Contractor agrees to comply with all state guidance and regulations as applicable, necessary, or required.
5.3.19.7 Other Local Requirements
The City of Pasadena is a recipient of Metro and Local Return funding for both capital and operating expenses. As a result, the Contractor agrees to comply with all local guidance and regulations as applicable, necessary, or required.
NOTE: Contractor shall be liable for the cost of any funding penalties imposed on the City or loss of funds that the City would have otherwise received due to the Contractor’s failure to comply with any of the above mentioned reporting requirements.
5.4 PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
The Contractor will strive at all times to provide service in a manner which will ensure responsive service to transit customers, while at the same time maximizing service reliability and safety. In order to identify key areas of concern to the City, various performance standards are described below for which liquidated damages (referred as damages) may be assessed when service falls below the standards. The City may factor into its decision to assess liquidated damages the Contractor’s good faith efforts to take corrective actions to meet or exceed the City’s performance standards. The City may elect to change, modify or add performance measures during the term of the contract to ensure a high level of customer service.
City of Pasadena, Department of Transportation Page 93 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.4.1 Fixed Route Minimum Performance Standards
It is the goal of City to maximize productivity while maintaining a high level of customer service. The City has established the following general minimum performance standards for the operation of fixed route service (Section 5.4.3 provides additional information and details pertaining to liquidated damages):
Service Operation Vehicles shall be operated with primary regard for the safety, comfort, convenience, and overall satisfaction of passengers and the general public.
Service Schedule Service shall be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required as a result of construction, special events, or declared emergency.
On-Time Performance A vehicle will be noted as “on-time” if it leaves a stop no sooner than one minute before the scheduled time and no later than five (5) minutes after the scheduled departure time. For example, if the schedule indicates a departure of 10:00 a.m., a vehicle leaving at or earlier than 9:59 a.m., or later than 10:05 a.m. shall be considered not on-time. • At a minimum, 85% of departures from timepoints will be made “on-time.” When at least 15% of scheduled departures do not occur within five minutes after the scheduled departure time, On-Time Performance will be considered insufficient. • Zero tolerance for vehicles running more than one minute ahead of schedule (“hot”), measured by time points. • Zero tolerance for On-Time Performance violations on the first trip of any block.
Missed Trips Operational difficulties that result in missed trips or vehicles not operating as required by the Agreement must be reported immediately to the City. • 90% of cumulative trip distance (in miles) will be met per single trip; when more than 10% of a trip distance (in miles) is not completed, it will be considered a missed trip unless otherwise approved by the City. • All timepoints will be met per single trip; unless otherwise approved by the City.
Communication Between City and Contractor City and Contractor shall develop agreed upon communication protocol detailing how information is conveyed and will establish time periods for different events. These procedures are intended to ensure that City staff is aware of passenger concerns, complaints, and operation problems. Vehicle operators are to report passenger complaints or operational problems immediately to Contractor staff who will ensure that appropriate measures are taken to correct the problem.
City of Pasadena, Department of Transportation Page 94 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021
5.4.2 Dial-A-Ride Minimum Performance Standards
It is the goal of City to maximize productivity while maintaining a high level of customer service. The City has established the following general minimum performance standards for the operation of the Dial-A-Ride service (Section 5.4.3 provides additional information and details pertaining to liquidated damages):
Passenger Pick-Up Window Passenger pick-up will take place within the designated 20-minute window, based on the scheduled appointment time (20-minute window is defined as 5 minutes before the appointment time to 15 minutes after the appointment time). • 90 Percent of Trips Completed within the 20-Minute Pick-up Window
Ride-Time The time period allowed between passenger pick-up and drop-off. • No More than 40 Minutes
Service Time The time period that includes the 20-minute wait period and the 40-minute ride- time. • No More than 60 Minutes
Productivity The number of passengers carried per revenue service hour. • 3.5 Passengers per Revenue Hour*
No-Shows The number of passengers who fail to appear for their rides as scheduled. • 10 Percent of Trips Scheduled
Late Trips The number of trips where the vehicle arrives beyond the 20-minute window or not at all. • No More than 10 Percent of Trips Scheduled
Missed Trip Any trip where the driver arrives for the pick-up more than 30 minutes outside of the pick-up window. • No More than Three Trips in a Month
Phone Call Hold Time • 60 seconds maximum
*Per Metro’s Subregional Paratransit Performance Standards under the Proposition A Discretionary Grant Program.
City of Pasadena, Department of Transportation Page 95 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.4.3 Liquidated Damages
Any breach of this Agreement by Contractor could result in substantial damages and injury to the public and City in amounts which are difficult to ascertain with specificity at this time. Therefore, certain dollar amounts are established here for the identified standards. Damages may be waived if due to a manufacturer defect existing in a vehicle or series of vehicles. The damages described below may be instituted by the City no sooner than two months after the initiation of the service, with the exception of the Service Failure Penalty described below. The City may elect to not assess a penalty at any occurrence; however, this does not prohibit the City from assessing a penalty in the future for a similar occurrence. In addition, the damages detailed in this section shall not relieve Contractor of its obligation to satisfy each and every requirement under the terms of the Agreement. The invalidity or unenforceability of any particular assessment established in this Section shall not affect the validity or enforceability of other assessments established in this Agreement. The City’s Transit Manager and Contractor General Manager will meet per a mutually agreed upon schedule to review potential deficiencies. At the close of each of these meetings, a determination will be made as to what, if any, liquidated damages will be assessed. The City may factor into its decision to assess liquidated damages the Contractor’s good faith efforts to take corrective actions to meet or exceed the City’s performance standards. The Transit Manager’s decision with regard to the assessment of payment reductions is final and may not be appealed. After damages are assessed, the rate of consideration shall revert to the rates specified in the Compensation section of the Agreement until the next assessment is made. This 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.
5.4.3.1 Liquidated Damages: Fixed Route
LIQUIDATED DAMAGES: FIXED-ROUTE Performance Measure Violation(s) Threshold Damages 1. Fixed-Route 1a. Leaving a Shall not exceed $25 per occurrence On-Time Performance (OTP): timepoint more zero. per month. Contractor must ensure that they than one minute monitor and maintain an early. acceptable level of on-time
City of Pasadena, Department of Transportation Page 96 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 LIQUIDATED DAMAGES: FIXED-ROUTE Performance Measure Violation(s) Threshold Damages performance as defined in the 1b. Leaving a Shall not exceed $25 for each above minimum performance timepoint more 15% of total trips occurrence after standards. It is anticipated that than five for the month. 15% threshold during the course of this minutes late. reached per month. contract, On-Time Performance will be primarily analyzed through real-time data from the 1c. Leaving the first Shall not exceed $25 per occurrence Transit Vehicle Arrival time point of zero. per month. Information System. any block more Observations may also be than five rd conducted by City staff, 3 party minutes late. contractor, or otherwise.
2. Fixed-Route Completed Trips: 2a. 10% of total trip Per description of Contractor is not Contractor must keep vehicles in mileage is not violation paid the revenue good repair and dispatch completed or time for the trip and replacement vehicles in a timely any timepoint of is assessed an manner. Contractor must also scheduled trip additional $100. ensure that trips are completed not served. as scheduled.
2b. For last Per description of Contractor is not scheduled trip violation paid the revenue of any block, time for the trip and 10% of total trip is assessed an mileage is not additional $250. completed or any timepoint of scheduled trip not served. 3. Off-Route Incidents: 3a. Any Shall not exceed $100 per Operators must keep vehicles on unexplained off- zero. occurrence, up to their properly-assigned route at route incident $1,000 per month. all times, except for detours due to construction, police, fire, or emergency activity, or any incident that will compromise the timely completion of an assigned route. In these instances, dispatch shall notify the City immediately. City tracks off-route incidents using Transit Vehicle Arrival Information Systems. 4. Fixed-Route Service to 4a. Any violation as Shall not exceed $100 per Individuals who use outlined in this zero. occurrence. Wheelchairs Agreement. The ability of individuals who use wheelchairs to access fixed route service is a critical part of services provided per this Agreement. If a passenger in a wheelchair is not picked up or assistance not attempted as
City of Pasadena, Department of Transportation Page 97 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 LIQUIDATED DAMAGES: FIXED-ROUTE Performance Measure Violation(s) Threshold Damages defined in “Vehicle Operator Responsibilities,” Contractor will be found out of compliance. Compliance will be monitored by City staff, observations conducted by City’s 3rd party contractor, or by other means mutually agreed upon between City and Contractor. 5. Failure or Lateness in 5a. Each Shall not exceed $100 per Assigning Vehicles: occurrence that zero. occurrence, up to Each vehicle must be assigned a vehicle is $1,000 per month. to the Transit Vehicle Arrival assigned late Information System (TVAIS) (not assigned before pull-out. All TVAIS before its reportable data and information scheduled trip). disseminated to the public is based on dispatch properly assigning vehicles to blocks and trips. It is the City´s expectation that the Contractor fulfills this 5b. Each Shall not exceed $250 per requirement before each block’s occurrence that zero. occurrence, up first scheduled departure time. a trip is not $2,000 per month. assigned.
6. Service Interruptions due to 6a. Revenue Shall not exceed $250 per Operator Relief and/or service not zero. occurrence, up Recovery: resumed within $2,000 per month. Revenue service must not be 20 minutes after interrupted due to a late relief end of the driver, a vehicle not arriving at a scheduled recovery point, or an operator’s recovery period. failure to resume revenue service at the conclusion of a scheduled recovery period.
City of Pasadena, Department of Transportation Page 98 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.4.3.2 Liquidated Damages: Dial-A-Ride
LIQUIDATED DAMAGES: DIAL-A-RIDE Performance Measure Violation(s) Threshold Damages 1. Dial-A-Ride 1a. Passenger pick- Shall not exceed $25 for each On-Time Performance (OTP): up outside of 10% of total trips in occurrence after Contractor must ensure that they 20-minute any single calendar 10% threshold On-Time performance will be window. month. reached per month. based on a random review of the driver manifests, based on a mutually agreed upon number of sampling of trips in a one month period or other methods of evaluation agreed upon between City and Contractor.
2. Dial-A-Ride Missed Trips: 2a. Vehicles No more than three $250 per missed Contractor must ensure that arriving at the missed trips in any trip after threshold scheduled trips for Dial-A-Ride pick-up location single calendar reached per month. clients are made. more than 30 month. minutes outside the pick-up window, or not at all.
City of Pasadena, Department of Transportation Page 99 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 5.4.3.3 Liquidated Damages: General
LIQUIDATED DAMAGES: GENERAL Performance Measure Violation(s) Threshold Damages 1. Vehicles Not Available: 1a. Any service trip Shall not exceed $500 per Contractor must keep vehicles in not made due to zero. occurrence, up to good repair in order to ensure unavailability of $2,000 per month. that scheduled service is a vehicle, maintained. City recognizes that except as noted there may be fleet defects that in description of are outside of Contractor’s ability performance to address; where communicated measure and documented, these circumstances will not result in damage assessment. 2. Service Failure 2a. Violation as Per description of $5,000 per day Failure to provide at least 80% of outlined in this violation the service outlined in the Agreement. Agreement for either the fixed route or Dial-A-Ride services.
3. Late or Inaccurate Reports or 3a. Late report As outlined in this $100 per Data: submission Agreement occurrence; if a Contractor is required to submit report is reports to the City as outlined in resubmitted and an the Scope of Work. The report error is noted, this submission must be timely and will be considered accurate. to be a separate occurrence; up to $2,000 per month. 3b. Report contains Per description of $100 per incorrect or violation occurrence; if a missing report is information. resubmitted and an error is noted, this will be considered to be a separate occurrence; up to $2,000 per month. 3c. Further Per description of The amount of the Penalties: If violation penalty or lost Metro or any revenue suffered other funding by the City, source whether in the penalizes the current or any City for late, subsequent fiscal incomplete, or year. inaccurate data which was the Contractor’s responsibility to collect and/or provide.
City of Pasadena, Department of Transportation Page 100 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 LIQUIDATED DAMAGES: GENERAL Performance Measure Violation(s) Threshold Damages 4. Customer Service Response 4a. Customer Shall not exceed $100 per Time: service report zero. occurrence. Contractor is required to send an not responded email response to the City for each to within five (5) complaint received and forwarded days. to Contractor. The City may monitor the response times using the email date stamps for both the outgoing email complaint and incoming email response. 5. Preventable Revenue Vehicle 5a. Any month that Per description of $50 per peak Accidents per 100,000 Miles: the number of violation vehicle of the entire Preventable Accidents for the traffic accidents fleet assigned purposes of this measurement per 100,000 hub during the month. will be traffic collisions between miles exceeds the revenue vehicle and another 3.0. vehicle or fixed object, where the accident could have reasonably been prevented by the revenue vehicle operator.
6. Incomplete Accident or 6a. Any report that Per description of $100 per Incident Report: is deemed violation occurrence; if a Reports are to include all “incomplete” by report is components as outlined in the the City per the resubmitted and is Section 5.3.12.7. requirements still determined to outlined in be incomplete, this Section 5.3.12.7 will be considered as a separate occurrence; up to $500 per accident or incident. 7. Mean Miles between Major 7a. Any month that Per description of $50 per peak Mechanical System Failure: the Mean Miles violation vehicle of the entire This ratio will be determined by Major fleet assigned dividing the hub miles traveled by Mechanical during the month. the number of mechanical System Failures failures that prevent a revenue is below 7,500 vehicle from completing a hub miles. scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns. 8. Past Due Preventive 8a. Any vehicle Per description of $100 per day, per Maintenance Inspections exceeding violation vehicle. (PMIs): manufacturer’s Contractor, at a minimum, must recommended perform preventive maintenance PMI interval. as recommended by the vehicle/system manufacturer. Compliance will be determined by reviewing the PMI interval status at the end of each month’s
City of Pasadena, Department of Transportation Page 101 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 LIQUIDATED DAMAGES: GENERAL Performance Measure Violation(s) Threshold Damages preventative maintenance report.
9. Vehicle Appearance 9a. Unsatisfactory Shall not exceed $250 per bus per Inspection: Score zero. inspection. Contractor must maintain vehicle appearance as outlined in Section 5.3.7.3.9. The City, or 3rd party contractor, may conduct random inspections no more than monthly for each vehicle. 10. CHP BIT Inspection: 10a. Any CHP Shall not exceed $5,000 per The Contractor will be Terminal zero. inspection where expected to pass all California Inspection the Contractor Highway Patrol terminal when the does not receive a inspections with a satisfactory Contractor satisfactory or rating. does not have conditional rating. a satisfactory or conditional rating. 11. Body Damage: 11a. Each bus that Shall not exceed $100 per day per Contractor must make body has not had zero. bus. repair in time manner as body damage outlined in Section 5.3.7.3.10. repaired as outlined in Section 5.3.7.3.10. 12. Vehicle System Failure: 12a. Any system Shall not exceed $100 per day per Contractor shall maintain all failure for any zero. system failure. vehicle systems so that they vehicle that are in working order each day does not have at pullout. The City may a properly determine if there is a system operating failure based on the daily Pull- system but was Out Report provided by still put into Contractor. The following revenue items are considered systems service without which are covered under this City approval. section: • Passenger Fare Collection Equipment • Fire Suppression System • Bike Rack • Doors • Destination Signs • Climate Control • Wheelchair Lifts/Ramps/Securement Systems • Contractor Communication System
City of Pasadena, Department of Transportation Page 102 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 LIQUIDATED DAMAGES: GENERAL Performance Measure Violation(s) Threshold Damages 13. Key Personnel Retention: 13a. Any “Key Per description of $25,000 penalty. Key Personnel, per Section Personnel,” as violation 5.3.2.1, are crucial to the day- outlined in to-day operations which will be Section5.3.2.1 provided under this contract. In are reassigned order to avoid a “bait-and- or promoted to switch” situation with the another positions, the City is requiring position by the that these people be dedicated Contractor solely to this project and not be without City replaced without the prior consent. written consent of the City
City of Pasadena, Department of Transportation Page 103 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 6 CONTRACT AND OTHER CITY REQUIREMENTS
6.1 STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and Contractor shall enter into the written Transit Services Contract attached hereto as Attachment 1.
Note that any objections, changes, modifications or exceptions to this Contract MUST be stated in Offeror’s proposal in order to be considered by City.
6.2 DOCUMENTS TO BE CONSTRUED TOGETHER
The Request for Proposals, the Proposal, the Non-Collusion Declaration, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together as one document.
6.3 PASADENA LIVING WAGE ORDINANCE This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to: Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.
6.4 ADDITIONAL TERMS AND REQUIREMENTS
6.4.1 Definitions
City of Pasadena, Department of Transportation Page 104 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 The words (A) "City", (B) "Department", (C) "Director", (D) “Transit Manager”, or (E) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; (D) the manager of the Department of Transportation’s Transit Division; and (E) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.
6.4.2 Legal Responsibilities In performance of the services described herein, Contractor shall be responsible to comply with all applicable Federal, State and Local requirements including, but not limited to, Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection, and other laws and regulations applicable to contracts utilizing Federal funds.
6.4.3 Patent Fees; Patent, Copyright, Trade Secret And Trademark Fees Each Proposer shall include in the price proposal any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.
6.4.4 Taxes Price bid shall include all Federal, State, Local and other taxes.
6.4.5 Taxpayer Protection Amendment Under the provisions of the City of Pasadena Taxpayer Protection Amendment of 2000 ("Taxpayer Protection Act"), the Contractor will be considered a "recipient of a public benefit." The full provisions of the Taxpayer Protection Act are set forth in Pasadena City Charter, Article XVII. Under the Taxpayer Protection Act, City public officials who approve this Contract are prohibited from receiving gifts, campaign contributions or employment from Contractor for a specified time. This prohibition extends to individuals and entities that are specified and identified in the Taxpayer Protection Act and includes Contractor and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor. Contractor understands and agrees that: (A) Contractor is aware of the Taxpayer Protection Act; (B) Contractor will complete and return the forms provided by the City in order to identify all of the recipients of a public benefit specified in the Taxpayer Protection Act; and (C) Contractor will not make any prohibited gift, campaign contribution or offer of employment to any public official who approved this Contract.
6.4.6 Right to Require Performance The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding branch of such provision or as a waiver of any provision itself.
City of Pasadena, Department of Transportation Page 105 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 SECTION 7 REQUIRED PROPOSAL FORMS 7.1 OVERVIEW
The following listed forms must be completed as appropriate to each Offeror and included within their proposals. The actual forms in Word and Excel may be downloaded from the PlanetBids website at https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Click on “Bid Opportunities,“ then search “City of Pasadena Transit Services Contract 2021”
Please contact the City’s Transit Manager, Valerie Gibson at [email protected] should you have any problem downloading or locating a required form.
7.2 REQUIRED PROPOSAL FORMS
City of Pasadena Forms Form 1 Proposal Checklist Form 2 Proposal Questionnaire Form 3 Addenda Acknowledgement Form 4 References Form 5 Proposed DBE Participation Form 6 Vendor List Questionnaire Form 7 Project Workforce Utilization Form 8 Current Permanent Workforce Utilization Form 9 Non-Collusion Declaration Form 10 Taxpayer Protection Amendment & Disclosure Form 11 Public Contract Code Forms 12 + 12A Cost Proposal Forms, Base & Optional Service Levels Form 13 Hourly Employee Wage Scales Form 14 City of Pasadena DoIT Technical Questionnaire
Metro Forms A – D Metro forms contained in Attachment 4, Metro RC-DBE Requirements
Federal Forms Form 15 Buy America Certification Form 16 Lobbying Restrictions Form 17 Civil Rights and Equal Opportunities Form 18 Government-Wide Debarment and Suspension Certification
City of Pasadena, Department of Transportation Page 106 Pasadena Fixed Route and Dial-A-Ride Transit Services Contract 2021 ATTACHMENT 1 SERVICES CONTRACT NO.
THIS CONTRACT is made between the CITY OF PASADENA (“City”), a municipal corporation, and , a ______corporation [or partnership or business or sole proprietorship] with headquarters at
______(“Contractor”).
RECITALS:
A. The City desires to provide reliable curb-to-curb, demand responsive,
public transportation service for its senior and disabled residents and a
fixed route, public transportation service;
B. The City has provided a fixed route public transportation service known as
“Pasadena Transit” since June 1994;
C. The City has provided such a transportation service for its senior and
disabled residents known as “Pasadena Dial-A-Ride” since October 1985;
D. The above referenced transportation services, by whatever name, shall,
for the purpose of this Contract, be referred to as “Services”;
E. The City desires to have the Services provided which are both efficient in
operation and effective in meeting the comfort and timeliness needs of
residents, and at the lowest possible cost in conformance with these
goals;
F. The contractor has represented that it has the necessary expertise and
ABC Masters #0000143961C031 1 BLF:drc rev.8-8-17(Word Version) personnel, and that it is qualified to provide the Services described in this
Contract; and
G. The City desires to engage the Contractor to provide such Services;
Now, therefore, the City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR.
1.1 City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on
______.
1.2 The term of this Contract shall be five (5) years commencing on
July 1, 2021 and ending on June 30, 2026. This Contract may be extended for a period of up to one (1) two-year extension period, subject to the approval of the City Manager, as provided in Exhibit “A” hereto.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated (Exhibit
“B”), and Contractor’s Proposal to the City (“Proposal”) dated ______
(Exhibit “C”), both of which are attached to and incorporated into this Contract by reference:
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then prevailing in the transportation profession.
ABC Masters #0000143961C031 2 BLF:drc rev.8-8-17(Word Version) 3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by
Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.
3.4 To the extent any of the work undertaken in performing the services of this Contract may be considered a “public work” as defined in California Labor Code
1720 and thereby trigger California Prevailing Wage Requirements:
3.4.1 Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Notice Inviting Bids, to any worker employed for the work to be performed under this Contract; and the Contractor shall forfeit as a penalty to the City the sum of Fifty Dollars ($50.00) for each calendar day, or fraction thereof, for such worker paid by the Contractor or by any subcontractor under the Contractor in violation of this provision (Sections 1770-1782, Labor Code of
California).
3.4.2 Contractor or subcontractor shall not be qualified to bid
on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
ABC Masters #0000143961C031 3 BLF:drc rev.8-8-17(Word Version) Contract Code, or engage in the performance of this public works project unless currently registered and qualified to perform public work pursuant to Labor Code
Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered
Contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded.
3.4.3 This Project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
3.4.4 Contractor may be required to post job site notices prescribed by regulation (See e.g. 8 Cal. Code Reg. Section 16451(d).
3.4.5 Contractors and Subcontractors may be required to furnish electronic certified payroll records directly to the California Labor Commissioner (aka
Division of Labor Standards Enforcement).
3.5 Contractor shall also no knowingly pay less than the Living Wage as that term is defined in the Pasadena Living Wage Ordinance, Pasadena Municipal
Code, Chapter 4.11. If there is a difference between the federal or state minimum wage rates and the Pasadena Living Wage, the Contractor and its subcontractors shall pay not less than the highest wage rate.
4.0 TIME OF PERFORMANCE.
4.1. The initial term of this Contract shall be for the period commencing on July 1, 2021 and ending on June 30, 2026.
ABC Masters #0000143961C031 4 BLF:drc rev.8-8-17(Word Version) 4.2. The City has the option of extending the term of this Contract, in its sole discretion of the City Manager and without need for Council approval, for one two- year period. The City may exercise its option to extend by notice to the Contractor no later than December 31, 2025.
5.0 COMPENSATION.
5.1. For satisfactory and timely performance of the services, the
Contractor shall be compensated a not to exceed amount of
______dollars ($ ), for the Base
Term (five years) which shall constitute full and complete compensation for the
Contractor’s services under this Contract.
5.1.1. Fee Structure. City agrees to pay Contractor based on a
Fixed Fee and Fixed Hourly Rate Fee Structure as follows.
A. Fixed Fee. Contractor shall be paid a Fixed Fee for each Contract Period, payable in monthly installments, to cover the costs of performing those services set forth in Exhibit “B”
B. Fixed Hourly Rate. On a monthly basis, Contractor shall be paid a Fixed Hourly Rate for each documented Vehicle Revenue Hour as defined in Exhibit “B”, operated during that month, within the authorized service levels specified in this Contract.
C. Therefore, the City shall pay the following amounts:
5.1.1.C.1. Base Term (60 months):
ABC Masters #0000143961C031 5 BLF:drc rev.8-8-17(Word Version) 5.1.1.C.1.1. Fixed Fee: During each month of the
Base Term, the following monthly fee shall be payable to Contractor:
Year One: $
Year Two: $
Year Three: $
Year Four: $
Year Five: $
5.1.1.C.1.2. Fixed Hourly Rate: During each year of
the Base Term, the following Fixed Hourly Rate shall be payable to Contractor for each
documented Vehicle Revenue Hour of service operated in fixed route and Dial-A-Ride service:
Year One: $
Year Two: $
Year Three: $
Year Four: $
Year Five: $
5.1.1.C.2. Compensation in Option Period. In the event
that the one (1) two-year option period is exercised by the City, Contractor
compensation for each year of the option will be negotiated between the parties, in
which case that compensation shall increase by a minimum of three percent (3.0%) or
the annual increase in the Consumer Price Index for the State of California (Los
ABC Masters #0000143961C031 6 BLF:drc rev.8-8-17(Word Version) Angeles-Riverside-Orange County statistical area) for the most recently reported
calendar year, whichever is higher.
5.1.2. Extra Service. Should extra services be operated at the
direction of City, Contractor shall be compensated at the Fixed Hourly Rate then in
effect and that compensation may be in addition to the Total Annual Cost specified in the Cost Proposal. Additional services required by City that are not included in the
Fixed Hourly Rate may be agreed upon in writing and invoiced specifically.
5.2. Changes in Level of Service. City may adjust the level of service at
its discretion. Contractor shall not make operational modifications that affect the level
of service, including but not limited to, hours or operation, schedules, and routes
without the prior written approval of the City. If the City makes modifications which
increase or decrease the level of service more than fifteen percent (15%) of the
Vehicle Revenue Hours set forth in Exhibit “B”, City and Contractor may renegotiate
the hourly rate, if deemed necessary, and subsequently execute a written amendment
modifying the hourly rate.
5.3. Contractor shall, at its sole cost and expense, furnish all necessary
and incidental labor, material, supplies, facilities, equipment and transportation which
may be required for furnishing services pursuant to this Contract. Materials shall be of
the highest quality. The above Contract fee shall include all professional time and all
clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto
rental, subsistence, and all related expenses.
ABC Masters #0000143961C031 7 BLF:drc rev.8-8-17(Word Version) 6.0 PAYMENT.
6.1 On the tenth day of each calendar month during the Contract term,
Contractor shall submit to the City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred during the immediately preceding calendar month.
6.2 Each such invoice shall state the basis for the amount invoiced, including the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.
6.3 Contractor shall also submit a monthly report with each invoice as required in Exhibit “B“.
6.4 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice, less any amount deducted for liquidated damages and any amounts not approved. City will use its best efforts to approve or reject the invoice within 10 days of receipt.
6.5 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice.
7.0 CHANGE ORDERS.
7.1. No payment for extra services caused by a change in scope of work or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as a written change order. The change order shall set forth the specific changes of work and extension of time for preparation and adjustment of the
ABC Masters #0000143961C031 8 BLF:drc rev.8-8-17(Word Version) fee to be paid by City to Contractor.
7.2. The Director of Transportation shall have the authority to approve all change orders not to exceed the aggregate sum of $75,000. Any change order in excess of this aggregate sum must be approved in advance by the City Council. No claim for said additional work shall be made unless specifically authorized in writing by
City.
8.0 CITY’S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.
9.0 GENERAL TERMS AND CONDITIONS.
9.1 INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
ABC Masters #0000143961C031 9 BLF:drc rev.8-8-17(Word Version) 9.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any
circumstances, be considered employees of the City, and that they shall not be entitled
to any of the benefits or rights afforded employees of City, including, but not limited to,
sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, long-term disability or workers’ compensation insurance benefits.
9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subcontractors shall have no authority, express or implied, to
act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
9.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, printouts, studies, memoranda, computation sheets and other documents
(whether on paper or stored in any electronic/digital form) prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.
9.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work,
without additional cost to the City. The performance or acceptance of services
furnished by Contractor shall not relieve the Contractor from the obligation to correct
ABC Masters #0000143961C031 10 BLF:drc rev.8-8-17(Word Version) subsequently discovered defects, inaccuracies or incompleteness.
9.5 WAIVER. The City’s waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived.
9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City’s sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation the Pasadena Living Wage Ordinance.
9.9 INTERPRETATION.
9.9.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California.
9.9.2 Entire Agreement. This Contract, including any Exhibits
ABC Masters #0000143961C031 11 BLF:drc rev.8-8-17(Word Version) attached hereto, constitutes the entire agreement and understanding between the
parties regarding its subject matter and supersedes all prior or contemporaneous
negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
9.9.3 Written Amendment. This Contract may only be changed by
written amendment signed by Contractor and the City Manager or other authorized
representative of the City, subject to any requisite authorization by the City Council.
Any oral representations or modifications concerning this Contract shall be of no force
or effect.
9.9.4 Severability. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion
shall be deemed severed from this Contract, and the remaining provisions shall
nevertheless continue in full force and effect as fully as though such invalid, illegal, or
unenforceable portion had never been part of this Contract.
9.9.5 Order of Precedence. In case of conflict between the terms
of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The
terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.
9.9.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of California, is
entered into and/or is to be performed in the City of Pasadena and that all claims or controversies arising out of or related to performance under this Contract shall be
ABC Masters #0000143961C031 12 BLF:drc rev.8-8-17(Word Version) submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum.
9.9.7 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.10 TIME OF ESSENCE. Time is strictly of the essence with respect to
provisions under this Contract and each and every covenant, term and provision hereof.
9.11 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Contract, and
its execution of this Contract has been duly authorized.
9.12 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in
accordance with the Commercial Rules of the American Arbitration Association at Los
Angeles, California and judgment upon the award rendered by the Arbitrators may be
entered in any court having jurisdiction thereof. The City does not waive its right to
object to the timeliness or sufficiency of any claim filed or required to be filed against the
City and reserves the right to conduct full discovery.
9.13 INDEMNITY.
9.13.1 Except to the extent resulting from or arising out of the negligence or willful misconduct of the City, its City Council or each member thereof; any other entities or jurisdictions the City enters into an agreement with to provide
ABC Masters #0000143961C031 13 BLF:drc rev.8-8-17(Word Version) transit services for or to, their elected governing bodies and each member thereof; and their respective officers, employees, Commission members or representatives,
Contractor agrees to indemnify, hold harmless; release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof; any other entities or jurisdictions the City enters into an agreement with to provide transit services for or to, their elected governing bodies and each member thereof; and their respective officers, employees, Commission members or representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which result from, or arise out of, or are claimed to result from or to arise out of:
A. any of Contractor's activity on or use of City's premises or facilities or any performance under this Contract by Contractor; or
B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives,
subcontractors, or agents in connection with the performance of this Contract.
9.13.2 This agreement to indemnify includes, but is not limited to,
personal injury (including death at any time) and property or other damage (including,
but without limitation, contract or tort or patent, copyright, trade secret or trademark
infringement) sustained by any person or persons (including, but not limited to,
ABC Masters #0000143961C031 14 BLF:drc rev.8-8-17(Word Version) companies, or corporations, Contractor and its employees or agents, and members of the general public).
9.14 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract.
9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth in Insurance
Requirements (Attachment 3 – Exhibit “D”), for the duration of the Contract, including any extensions thereto.
9.16 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Pasadena or any other City department is not adequate notice.
If to the City: Laura Cornejo, Director Department of Transportation City of Pasadena 221 E. Walnut Street, Suite 210 Pasadena, CA 91101
[With a Copy to:] Valerie Gibson, Transit Manager Department of Transportation 221 E. Walnut Street, Suite 199 Pasadena, CA 91101
ABC Masters #0000143961C031 15 BLF:drc rev.8-8-17(Word Version) (City, State and zip code) If to the Contractor: ______(Name and Title) ______(Company Name) ______(Street Address) ______(City, State and zip code)
Any such notice shall be deemed to have been given upon delivery, if
personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business
days from the date of posting, whichever is earlier. Either party may change the
address at which it desires to receive notice upon giving written notice of such request
to the other party.
9.17 TERMINATION FOR CONVENIENCE (Without Cause). Except
where the federal termination clause applies, City may terminate this Contract in whole
or in part at any time, for any cause or without cause, upon ninety (90) calendar days'
written notice to Contractor. Contractor may terminate this Contract in whole or in part at
any time, for any cause or without cause, upon one hundred and eighty (180) calendar
days' written notice to City. If the Contract is thus terminated by City for reasons other than Contractor’s failure to perform its obligations, City shall pay Contractor a prorated
amount based on the Services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor’s exclusive remedy for
termination without cause.
ABC Masters #0000143961C031 16 BLF:drc rev.8-8-17(Word Version) 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specific the basis for the default. The Contractor shall terminate unless such default is cured before the effective date of the termination stated in such notice, which date shall be no sooner than ten
(10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance.
9.19 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sections 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 of Division 7 of the Business and Professions Code, or any similar or successor provisions of
Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
ABC Masters #0000143961C031 17 BLF:drc rev.8-8-17(Word Version) 9.20 DEFICIENCIES. If Contractor is unable to provide the Services
or fails, after reasonable notice by the City, to cure other deficiencies in performance or
lack of progress thereto, Contractor shall pay City all expenses incurred by City in
procuring substitute Services of a similar nature.
9.21 INTERRUPTION OF SERVICE. No payment shall be made by
the City to the Contractor for such time Services are not provided according to the
requirements of this Contract. Acts of God or acts of persons or combinations thereof
over which the Contractor has no control can be excusable cause for interruption of
Services but shall not entitle Contractor to compensation.
9.22 RIGHTS RESERVED TO THE CITY.
9.22.1 At all reasonable times, the Contractor shall permit the City
Manager or his designee to examine, during normal business hours, all premises used
of the Contractor, fleet vehicles, and to then and there examine and transcribe or
otherwise duplicate any and all records kept or maintained by the Contractor under its control which pertain to this agreement.
9.22.2 It is agreed and understood that the Pasadena Dial-A-Ride
program was initiated by the City to provide low-cost public transportation for senior and disabled residents within its service area boundaries and all rights relating to the
name of the program, its concept and operation are exclusively vested in the City. In
the event of termination of this Contract, for any cause, the Contractor agrees that any
and all right in the Pasadena Dial-A-Ride program and the operation thereof, including
ABC Masters #0000143961C031 18 BLF:drc rev.8-8-17(Word Version) but, without limitation, the name, service marks, artwork, program materials and the telephone reservation number, shall remain vested in the City, and the Contractor
shall have no interest therein and shall surrender any such and material operations of
the Dial-A-Ride to the City following such termination.
9.22.3 It is agreed and understood that the City of
Pasadena fixed route system, Pasadena Transit was initiated by the City to
provide low-cost public transportation within its service area boundaries and all
rights relating to the name of the program, its concept and operation are
exclusively vested in the City. In the event of termination of this Contract, for
any cause, the Contractor agrees that any and all right in the Pasadena Transit program and the operation thereof, including but, without limitations, the name, service marks, artwork, program materials and the telephone number, shall
remain vested in the City, and the Contractor shall have no interest therein and
shall surrender any such and material operations of the Pasadena Transit to the City following such termination. The provisions of this paragraph 9.22.3 shall apply to the referenced transportation services, by whatever name the
Services are provided.
9.22.4 Upon termination of this Contract, all City-owned vehicles
shall be surrendered and delivered to the City, and the City may take possession of
such vehicles wherever they may be found, with or without due process of law or
notice, and in so doing, may enter on the premises of Contractor. Upon
ABC Masters #0000143961C031 19 BLF:drc rev.8-8-17(Word Version) termination, neither Contractor, nor any successor in interest of Contractor, whether
by operation of law or otherwise, shall have any right, title or interest in the City-
owned vehicles or the possessions of use thereof, and the City shall retain all rights
with respect to all such vehicles. The rights and remedies of the City hereunder are
not exclusive, by cumulative and in addition to all other rights and remedies
provided by law.
9.23 FUNDING CONDITIONS. In the event that funds are granted to
City by Federal, State and/or Regional governmental agencies for Services, Dial-A-
Ride program operations, Pasadena Transit program operations, capital acquisition or
any other purpose, and that receipt of such funds is conditioned upon performance of additional, further or new reporting and/or other program requirements established by the funding source, Contractor agrees to comply with all such requirements, including
but not limited to, completing all required reports, and the City agrees to reimburse the
Contractor for reasonable additional costs incurred for services which were not
anticipated at the time this Contract was signed.
9.24 SOLVENCY OF CONTRACTOR. The financial stability of
Contractor, and Contractor’s ability to pay drivers and employees due compensation in a timely manner, and to continue the Services uninterrupted, all are material
considerations under this Contract. The Contractor shall, on request of the City, at
any time, demonstrate its ability in the City’s discretion to meet current payroll and its
other obligations under this Contract. The Contractor’s failure to make such a
ABC Masters #0000143961C031 20 BLF:drc rev.8-8-17(Word Version) demonstration, or to make payroll in a timely manner or otherwise perform the
Services under this Contract in a timely manner or otherwise perform the Services under this Contract in a timely manner, in the City’s discretion, shall be considered a material breach of the Contract. Whether the Contractor is financially stable or has the ability to make payroll and continue the Services uninterrupted in a timely manner shall be determined solely in the discretion of the City, such interrupted
Services being of paramount importance.
9.25 NO CONTACT. The Contractor agrees, to the maximum extent permitted by law, not to initiate any contact or communication with any member of the City Council, Transportation Advisory Commission or other City advisory groups to discuss terms or Services provided under this Contract without prior approval of the Director of Transportation.
9.26 ACCOMMODATION OF PERSONS WITH DISABILITIES.
Contractor agrees that it shall not, on the basis of disability, deny any qualified individual with a disability the opportunity to participate in or benefit from any aid, benefit or service provided by Contractor under this Contract. Contractor agrees to acquaint itself with: (A) the accessibility features of the System; (B) equipment that promotes equal opportunity for participation by individuals with disabilities, and (C) procedures for providing an equal opportunity for disabled people to participate in or use Services. Contractor shall use its best efforts to make its employees and subcontractors aware of the above and prepared to provide assistance as required
ABC Masters #0000143961C031 21 BLF:drc rev.8-8-17(Word Version) for individuals with disabilities who are seeking Services. Contractor further understands and agrees that a primary intent of the Services is to provide transportation to disabled individuals and that all of its vehicles and communication systems shall comply with the requirements of the Americans with Disabilities Act and any other present or future provision of federal, state or local law related to delivery of service to persons with disabilities.
10.0 ADDITIONAL ASSURANCES.
10.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Contractor agrees to comply with Section 4.08.035 of the City’s Competitive Bidding and Purchasing Ordinance of the Pasadena Municipal Code, the rules and regulations promulgated thereunder, the California Fair Employment and Housing Act (Government
Code section 12900 et seq.) and to this end:
10.1.1 Contractor certifies and represents that, during the performance of this Contract, the Contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities.
10.1.2 Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this Contract, state that it is an
ABC Masters #0000143961C031 22 BLF:drc rev.8-8-17(Word Version) “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status.
10.1.3 Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Contract, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status.
10.1.4 If requested to do so by the City, Contractor shall provide the
City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
10.1.5 Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law.
10.1.6 The Contractor shall include the provisions set forth in paragraphs numbered 10.1.1 through 10.1.5 of subsection 10.1 of this Contract, inclusive, in each of its subcontracts.
10.2 PASADENA BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Pasadena Business License which may be required by the Pasadena Municipal Code.
10.3 MAINTENANCE AND INSPECTION OF RECORDS. The City and any other Federal, State or local governmental agency, or any of their authorized auditors or representatives, shall have access to and the right to audit, excerpt,
ABC Masters #0000143961C031 23 BLF:drc rev.8-8-17(Word Version) reproduce, and transcribe any of the Contractor’s records, to the extent the City deems necessary to insure it has received or is receiving all money to which it is entitled and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
Such records include, without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statements, financial statements, bank statements, invoices, receipts, subcontracts, agreements, notes, correspondence, memoranda, and any documents required by the City or by the laws or regulations of any Federal, state or local governmental agency.
The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract, or until an audit has been completed and accepted by the highest governmental authority involved.
Upon written notice by the City, the Contractor shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. The Contractor shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing and transcribing the records.
The Contractor shall maintain all such records in the City of Pasadena. If not, the Contractor shall, upon request, promptly deliver the records to the City of
Pasadena or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Pasadena, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
ABC Masters #0000143961C031 24 BLF:drc rev.8-8-17(Word Version) 10.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Pasadena, or a member of any of its boards, commissions or committees, except to the extent permitted by law.
/ / / / / / 11.0 TAXPAYER PROTECTION AMENDMENT.
Under the provisions of the City of Pasadena Taxpayer Protection
Amendment of 2000 ("Taxpayer Protection Act"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the Taxpayer
Protection Act are set forth in Pasadena City Charter, Article XVII. Under the Taxpayer
Protection Act, City public officials who approve this Contract/transaction are prohibited from receiving specified gifts, campaign contributions or employment from
Contractor/Organization for a specified time. As well, if this Contract is to be approved by the City Council, Councilmembers or candidates for Council are prohibited from receiving campaign contributions during the time this Contract is being negotiated. This prohibition extends to individuals and entities that are specified and identified in the
Taxpayer Protection Act and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the Taxpayer
Protection Act; (B) Contractor/Organization will complete and return the forms provided
ABC Masters #0000143961C031 25 BLF:drc rev.8-8-17(Word Version) by the City in order to identify all of the recipients of a public benefit specified in the
Taxpayer Protection Act; and (C) Contractor/Organization will not make any prohibited
gift, campaign contribution or offer of employment to any public official who negotiated
and/or approved this Contract/transaction.
/ / / / / / IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed by their duly authorized representatives as of the date set forth below.
DATED: CITY OF PASADENA
By: ______Steve Mermell City Manager ATTEST:
______Mark Jomsky, CMC City Clerk
DATED: ______[COMPANY NAME]
By: ______[Typed name] ______[Title] APPROVED AS TO FORM:
______Lesley Cheung Assistant City Attorney
REVIEWED:
______Erika Estrada Purchasing Administrator
ABC Masters #0000143961C031 26 BLF:drc rev.8-8-17(Word Version) Disclosure pursuant to the City of Pasadena Taxpayer Protection Amendment of 2000 Pasadena City Charter, Article XVII
Contractor/Organization hereby discloses its trustees, directors, partners, officers, and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization, as follows: (If printing, please print legibly. Use additional sheets as necessary.)
1. Contractor/Organization Name:
2. Name(s) of trustees, directors, partners, officers of Contractor/Organization:
3. Names of those with more than a 10% equity, participation or revenue interest in Contractor/Organization:
Prepared by: ______Title: ______Date: ______
ABC Masters #0000143961C031 27 BLF:drc rev.8-8-17(Word Version)
For office use only: Contract/Transaction No. If not a contract, type of transaction:
ABC Masters #0000129903C031 28 BLF:drc rev.07/06/15 ATTACHMENT 2 FEDERAL CONTRACT CLAUSES
[Numbering of clauses and clause language is based on FTA Report No. 0105, FTA Best Practices Procurement and Lessons Learned Manual, October 2016.]
1. ACCESS TO RECORDS AND REPORTS
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.
4. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11.
The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications:
Certificate of Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 C.F.R. § 661.11. Date: ______Signature: ______Company: ______Name: ______Title: ______
Certificate of Non-Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7. Date: ______
1 Signature: ______Company: ______Name: ______Title: ______
6. CHARTER SERVICES
The contractor agrees to comply with 49 U.S.C 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance and prohibited from providing charger service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323 (d); 2. FTA regulations, “Charter Service,” 49 C.F.R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing,
The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or 3. Any other appropriate remedy that may apply.
The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.
7. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3. It will report violations of use of prohibited facilities to FTA; and 4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution control Act as amended, (33 U.S.C. §§1251 -1387)
8. CIVIL RIGHTS AND EQUAL OPPORTUNITY
AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with 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, religion, national origin, sex, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the
2 Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following employment, promotion, 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.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, 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.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
9. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract goal of 3.6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority’s (Metro’s) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). City is required to include all other DBE requirements and flow-down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment 7) for DOT-Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients.
10. CONTRACT WORK HOURS AND SAFETY STANDARDS
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of the Act, 40 U.S.C. §3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
3 Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employee during working hours on the job.
The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
11. ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
13. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),” 2 D.F.F. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY it is later determined by the AGENCY the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2C.F.R. part 180, subpart C, as supplemented by 2C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
15. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to AGENCY, 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 the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR 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 seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49
4 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
19. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS
The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.
20. RECYCLED PRODUCTS
The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.
21. SAFE OPERATION OF MOTOR VEHICLES
Seat Belts Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.
5 Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contractor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
22. SCHOOL BUS OPERATIONS
The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may: 1. Bar the Contractor from receiving Federal assistance for public transportation; or 2. Require the Contractor to take such remedial measure as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services.
24. SUBSTANCE ABUSE REQUIREMENTS
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or AGENCY to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance, the Contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register.
25. TERMINATION
Termination for Convenience
The AGENCY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AGENCY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its possession belonging to AGENCY, the Contractor will account for the same, and dispose of it in the manner AGENCY directs.
6 Termination for Convenience (Professional or Transit Service Contracts)
The AGENCY, by written notice, may terminate this contract, in whole or in part, when it is in the AGENCY’s interest. If this contract is terminated, the AGENCY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
Termination for Default [Breach or Cause] (General Provision)
If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of AGENCY goods, the Contractor shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The Contractor and AGENCY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY.
Opportunity to Cure
The AGENCY, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude AGENCY from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that AGENCY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
7
26. VIOLATION AND BREACH OF CONTRACT
Rights and Remedies of the AGENCY
The AGENCY shall have the following rights in the event that the AGENCY deems the Contractor guilty of a breach of any term under the Contract. 1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through other contractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any other appropriate equitable remedy; and 4. The right to money damages. For purposes of this Contract, breach shall include [AGENCY to define].
Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the AGENCY, the Contractor expressly agrees that no default, act or omission of the AGENCY shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the AGENCY directs Contractor to do so) or to suspend or abandon performance.
Remedies
Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty (60) days written notice that the AGENCY considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action.
Disputes
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY’s General Manager. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the General Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the General Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute
Unless otherwise directed by AGENCY, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages
Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
8 Remedies
Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the AGENCY and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the AGENCY is located.
Rights and Remedies
The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests by the City which would cause the City to be in violation of the FTA terms and conditions.
28. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. Contractor's failure to so comply shall constitute a material breach of this Agreement.
29. PROMPT PAYMENT
1. Prompt Payment to Subcontractors a. The Contractor is required to pay all Subcontractors for all work that the Subcontractor has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City. b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractor no later than thirty (30) business days after the Subcontractor has, in the opinion of the Transit Manager, satisfactorily completed its portion of the Work. c. A delay in or postponement of payment to the Subcontractor requires good cause and prior written approval of the Transit Manager. d. The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor’s sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form as provided in this Exhibit “A”) which identifies each subcontractor (both DBE and non-DBE) and the date and amount of the last payment to such subcontractor, with every payment request filed with the City, except for the first payment request, on every contract with the City. f. Failure to comply with these prompt payment requirements is a breach of this Agreement, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In
9 addition, Contractor’s failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9.
2. Reporting Requirements During the Term of the Contract a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid. These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 14 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City. The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor’s first “Status Report of DBE Subcontract Payments” will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. c. In the case of a one-time procurement with either a single or multiple deliveries, a “Status Report of DBE Subcontract Payments,” in a form acceptable to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor’s final invoice to the City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City’s department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Transit Manager. Failure to follow these directions may delay final payment. d. The address for the City:
City of Pasadena Department of Transportation 221 E. Walnut Street, Suite 199 Pasadena, CA 91101 Attention: Valerie Gibson, Transit Manager
10 Attachment 3 Insurance Requirements – Transit Services Contract 2021
Contract Exhibit “D”
Insurance Requirements 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 and the results of that work by Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $10,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. The policy shall include broad form contractual liability coverage. 2. Automobile Liability: ISO Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limit no less than $10,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $5,000,000 per accident for bodily injury or disease. 4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 5. Property Damage: Property insurance utilizing an “All Risk” (Special Perils) coverage form, with limits no less than $10,000,000 and no coinsurance penalty provisions. Contractor should check with Contractor’s insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure Contractor’s obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover Contractor’s liability under this agreement. These insurance requirements shall not in any way relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as
Page 1 of 3 Bus and Transportation – 04/22/2020 are available to it under any other provisions of this agreement or law. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage required, which are applicable to any given loss, shall be available to City. The insurance to be provided by Contractor under this agreement shall not include any endorsement limiting coverage available to City that is otherwise required herein; and any policy or endorsement language that (i) negates coverage to City for City’s own negligence; (ii) limits the duty to defend City under the policy; (iii) provides coverage to City only if Contractor is negligent, or (iv) permits the recovery of defense costs from any additional insured. The insurance provided under this agreement shall not contain any restrictions or limitations which are inconsistent with City’s rights under this agreement. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status The City of Pasadena, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and SAM policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability additional insured coverage shall be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 (ongoing operations) and CG 20 37 (completed operations). Severability of Interests (Cross-Liability) A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. Primary Coverage For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects City, its City Council, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. Notice of Cancellation/Change in Coverage Each insurance policy required above shall state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, non-renewed, or materially changed except after thirty (30) days’ prior written notice has been given to City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium. Prior written notice shall be sent to City pursuant to the Notices/Ship To provisions of this agreement. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City, its City Council, its officers, officials, employees, agents,
Page 2 of 3 Bus and Transportation – 04/22/2020 and volunteers from Contractor by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A:VII. The current A.M. Best rating for each insurer shall be noted on the Certificate(s) of Insurance. Certificate Holder Certificate Holder on each insurance certificate shall be addressed pursuant to the Notices/Ship To provisions of this agreement. Verification of Coverage Contractor shall furnish City with original certificates and all required amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements required herein. Each insurance certificate shall specifically identify this agreement. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Alternatively, City may purchase such coverage (but has no special obligation to do so), and without further notice to Contractor, the City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Page 3 of 3 Bus and Transportation – 04/22/2020 Attachment 4 Transit Vehicle Arrival Information System (TVAIS) Minimum Computer Hardware Specifications
Laptop Computers Recommended Configurations We recommend systems that meet or exceed the following specifications:
Processor (CPU): Intel Core i5 (sixth generation or newer) or equivalent
Operating System: Windows 10
Memory: 8 GB RAM
Storage: 500 GB internal storage drive
Monitor/Display: 14" LCD monitor, resolution of 1600 x 900 or better.
Network Adapter: 802.11ac 2.4/5 GHz wireless adapter
Other: Internal or external Webcam, lock, carrying case, external hard drive for backups
Desktop Computers Recommended Configurations We recommend systems that meet or exceed the following specifications:
Processor (CPU): Intel Core i5 (sixth generation or newer) or equivalent
Operating System: Windows 10
Memory: 8 GB RAM
Storage: 512 GB internal Solid State Drive (SSD) or 1 TB internal HDD
Sustainability EPEAT Silver rating (preferably EPEAT Gold)
Monitor/Display: 24" LCD monitor
Network Adaptor: 802.11ac 2.4/5 GHz wireless adapter
Attachment 5 Pasadena Public Transit Revenue Vehicle Fleet
Service Type Fleet ID Year Service Life Planned Replacement Year Secured Funding Manufacturer Model Fuel Type Capacity Capacity with Wheelchair Type of Floor Vehicle Length Miles Aug 30, 2020 Deprec Amount Dial-A-Ride 3052 2009 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 214,873 $ 51,812.84 Dial-A-Ride 3053 2009 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 238,153 $ 51,812.84 Dial-A-Ride 3360 2017 4 2021 Yes Dodge Caravan SE Unleaded 5 seats 2 passengers with 2 wheelchair Minivan 17 FT 41,060 $ 36,529.79 Dial-A-Ride 3361 2017 4 2021 Yes Dodge Caravan SE Unleaded 5 seats 2 passengers with 2 wheelchair Minivan 17 FT 45,417 $ 36,529.79 Dial-A-Ride 3362 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 71,515 $ 29,784.63 Dial-A-Ride 3363 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 69,122 $ 29,000.82 Dial-A-Ride 3364 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 74,941 $ 29,784.63 Dial-A-Ride 3365 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 70,711 $ 29,784.63 Dial-A-Ride 3366 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 75,870 $ 29,000.82 Dial-A-Ride 3367 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 75,174 $ 29,000.82 Dial-A-Ride 3368 2017 7 2024 Ford Starcraft Allstar Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 77,518 $ 29,000.82 Dial-A-Ride 4001 2019 7 2026 Ford Starcraft All-Star Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 15,273 $ 8,442.23 Dial-A-Ride 4002 2019 7 2026 Ford Starcraft All-Star Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 15,370 $ 8,442.23 Dial-A-Ride 4003 2019 7 2026 Ford Starcraft All-Star Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 17,533 $ 8,442.23 Dial-A-Ride 4004 2019 7 2026 Ford Starcraft All-Star Unleaded 16 seats 6 passengers with 4 wheelchair Standard Floor 23FT 14,553 $ 8,442.23 Fixed-Route 3206 2011 7 2021 Yes Ford Starcraft Allstar CNG 20 seats 16 passengers w/ 2 wheelchair Standard Floor 25 FT 214,720 $ 106,981.82 Fixed-Route 3207 2011 7 2021 Yes Ford Starcraft Allstar CNG 20 seats 16 passengers with 2 wheelchai Standard Floor 25 FT 218,799 $ 106,981.82 Fixed-Route 3208 2011 7 2021 Ford Starcraft Allstar CNG 20 seats 16 passengers with 2 wheelchai Standard Floor 25 FT 233,488 $ 106,981.82 Fixed-Route 3209 2011 7 2021 Ford Starcraft Allstar CNG 20 seats 16 passengers with 2 wheelchai Standard Floor 25 FT 236,079 $ 106,981.82 Fixed-Route 3216 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 275,832 $ 230,283.66 Fixed-Route 3217 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 265,659 $ 230,283.66 Fixed-Route 3218 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 280,770 $ 230,283.66 Fixed-Route 3219 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 272,518 $ 230,283.66 Fixed-Route 3220 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 281,369 $ 230,283.66 Fixed-Route 3221 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 276,403 $ 230,283.66 Fixed-Route 3222 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 247,222 $ 230,283.66 Fixed-Route 3223 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 272,711 $ 230,283.66 Fixed-Route 3224 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 269,325 $ 230,283.66 Fixed-Route 3225 2012 12 2024 Yes El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 279,112 $ 230,283.66 Fixed-Route 3292 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 240,093 $ 207,054.08 Fixed-Route 3293 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 233,859 $ 207,054.08 Fixed-Route 3294 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 224,285 $ 207,054.08 Fixed-Route 3295 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 226,353 $ 204,433.15 Fixed-Route 3296 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 227,549 $ 204,433.15 Fixed-Route 3297 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 228,766 $ 204,433.15 Fixed-Route 3298 2013 12 2026 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 231,117 $ 207,054.08 Fixed-Route 3372 2017 12 2030 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 93,634 $ 89,854.50 Fixed-Route 3373 2017 12 2030 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 94,294 $ 87,131.64 Fixed-Route 3374 2017 12 2030 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 90,127 $ 87,131.64 Fixed-Route 3375 2017 12 2030 El Dorado EZ Rider II BRT CNG 27 seats with 14 standees 18 passengers with 3 wheelchai Low Floor 32 FT 87,594 $ 87,131.64 Fixed-Route 3376 2018 12 2030 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 55,948 $ 72,109.99 Fixed-Route 3377 2018 12 2030 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 67,159 $ 72,109.99 Fixed-Route 3378 2018 12 2030 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 56,663 $ 68,832.26 Fixed-Route 3379 2018 12 2030 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 62,212 $ 72,109.99 Fixed-Route 4006 2020 12 2032 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 2,366 Fixed-Route 4007 2020 12 2032 New Flyer Xcelsior XN35 CNG 59 (29 seats with 30 standees) 22 passengers with 2 wheelchai Low Floor 35 FT 2,360
One minivan expansion to the fleet being purchased in 2021 Attachment 6 Pasadena Fixed Route Anticipated FY22 Service Levels
Average Annual Line Day Bus From To Daily Hrs Weekly Hours Days Annual Hours
Rt. 10 M-F Bus 1 5:45 a 6:38 p 12.88 64.42 256 3,298.13 Bus 2 6:37 a 7:40 p 13.05 65.25 256 3,340.80 Bus 3 5:50 a 8:02 p 14.20 71.00 256 3,635.20 40.13 200.67 256 10,274.13
Sat Bus 1 10:46 a 7:59 p 9.22 9.22 52 479.27 Bus 2 11:02 a 7:51 p 8.82 8.82 52 458.47 Bus 3 10:55 a 8:08 p 9.22 9.22 52 479.27 27.25 27.25 52 1,417.00
Sun Bus 1 8:16 a 4:57 p 8.68 8.68 52 451.53 Bus 2 8:32 a 5:15 p 8.72 8.72 52 453.27 Bus 3 8:25 a 5:05 p 8.67 8.67 52 450.67 26.07 26.07 52 1,355.47 13,046.60
Rt. 20 M-F Bus 1 cw 6:05 a 7:42 p 13.62 68.08 256 3,485.87 Bus 2 cw 5:51 a 8:11 p 14.33 71.67 256 3,669.33 Bus 3 cw 6:12 a 5:21 p 11.15 55.75 256 2,854.40 Bus 4 cw 12:28 p 6:14 p 5.77 28.83 256 1,476.27 Bus 5 cw 3:16 p 3:49 p 0.55 2.75 210 115.50 Total CW 45.42 227.08 11,601.37
Bus 1 ccw 5:57 a 6:21 p 12.40 62.00 256 3,174.40 Bus 2 ccw 6:03 a 7:39 p 13.60 68.00 256 3,481.60 Bus 3 ccw 5:40 a 8:08 p 14.47 72.33 256 3,703.47 Bus 4 ccw 11:56 a 4:40 p 4.73 23.67 256 1,211.73 Bus 5 ccw 7:02 a 7:39 a 0.62 3.08 210 129.50 Total CCW 45.82 229.08 11,700.70 91.23 456.17 256 23,302.07
Sat Bus 1 cw 10:36 a 7:37 p 9.02 9.02 52 468.87 Bus 2 cw 10:50 a 8:07 p 9.28 9.28 52 482.73 Total CW 18.30 18.30 951.60
Bus 1 ccw 11:00 a 7:36 p 8.60 8.60 52 447.20 Bus 2 ccw 10:55 a 8:06 p 9.18 9.18 52 477.53 Total CCW 17.78 17.78 924.73 36.08 36.08 52 1,876.33
Sun Bus 1 cw 7:15 a 4:34 p 9.32 9.32 52 484.47 Bus 2 cw 7:45 a 5:06 p 9.35 9.35 52 486.20 Bus 1 ccw 7:38 a 4:58 p 9.33 9.33 52 485.33 Bus 2 ccw 8:11 a 5:30 p 9.32 9.32 52 484.47 37.32 37.32 52 1,940.47 38,720.23
Rt. 31/32 M-F Bus 1 5:55 a 8:00 p 14.08 70.42 256 3,605.33 Bus 2 6:30 a 6:35 p 12.08 60.42 256 3,093.33 Bus 3 7:23 a 7:53 p 12.50 62.50 256 3,200.00 Bus 4 7:12 a 7:41 a 0.48 2.42 210 101.50 39.15 195.75 256 10,000.17
Sat Bus 31 10:30 a 8:20 p 9.83 9.83 52 511.33 Bus 32 10:37 a 7:53 p 9.27 9.27 52 481.87 19.10 19.10 52 993.20
Sun Bus 31 8:00 a 5:15 p 9.25 9.25 52 481.00 Bus 32 8:04 a 5:07 p 9.05 9.05 52 470.60 18.30 18.30 52 951.60 11,944.97
Rt.40 M-F Bus 1 6:00 a 7:53 p 13.88 69.42 256 3,554.13 Bus 2 6:23 a 7:58 p 13.58 67.92 256 3,477.33 Bus 3a 6:49 a 8:56 a 2.12 10.58 256 541.87 Bus 3p 3:10 p 6:08 p 2.97 14.83 256 759.47 32.55 162.75 256 8,332.80
Sat Bus 1 11:00 a 7:52 p 8.87 8.87 52 461.07 Bus 2 10:57 a 7:47 p 8.83 8.83 52 459.33 17.70 17.70 52 920.40
Sun Bus 1 8:16 a 5:11 p 8.92 8.92 52 463.67 Bus 2 8:13 a 5:11 p 8.97 8.97 52 466.27 17.88 17.88 52 929.93 10,183.13
Rt. 51/52 M-F Bus 1 6:06 a 8:02 p 13.93 69.67 256 3,566.93 Bus 2a 6:36 a 7:56 a 1.33 6.67 256 341.33 Bus 2p 4:00 p 7:34 p 3.57 17.83 256 913.07 Bus 20cc-2 5:37 a 6:02 a 0.42 2.08 256 106.67 19.25 96.25 4,928.00
Sat Bus 1 7:30 a 8:08 p 12.63 12.63 52 656.93
Sun Bus 1 7:30 a 5:09 p 9.65 9.65 52 501.80 6,086.73
Rt. 60 M-F Bus 1 5:58 a 10:36 a 4.63 23.17 256 1,186.13 Bus 1 2:45 p 7:30 p 4.75 23.75 256 1,216.00 9.38 46.92 2,402.13
Rev. Hrs Days per Yr Total Annual Rev Hrs Typical Weekday Hours (school) 231.70 210 48,657 Typical Weekday Hours (no school) 230.05 46 10,582 Typical Saturday Hours 112.77 52 5,864 Typical Sunday Hours 109.22 52 5,679
Avg Weekly Hours 1361.20
Total Annualized Hours 70,782.43
ATTACHMENT 7
RC-DBE INSTRUCTIONS
For
Metro Subrecipient Agencies
October 2020
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RC-DBE LANGUAGE RACE-CONSCIOUS INSTRUCTIONS FOR DOT-ASSISTED CONTRACTS
The CITY has established a RC-DBE contract goal for this Agreement of 3.6%.
1. DEFINITIONS
a. The term “Disadvantaged Business Enterprise” or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
b. The Term “Race Conscious Disadvantaged Business Enterprise” or RC-DBE. DBE classes have been determined to have a statistically significant disparity in their utilization in previously awarded transportation contracts. RC-DBE’s include all DBE groups, specifically: Black Americans, Native Americans, Asian-Pacific Americans, Hispanic Americans, Subcontinent Asian Americans, and Women
c. The term “Agreement” also means “Contract”.
d. Agency also means the local entity entering into this contract with the Consultant.
e. The term “Proposer” shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms “Bidder” or “Offeror” may also be used in lieu of “Proposer”.
f. The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
a. DBE’s and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Contractor should ensure that DBE’s and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE’s.
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3. SUBMISSION OF RC-DBE INFORMATION
If there is a RC-DBE contract goal on this contract, the Proposer, in order to be considered responsible and responsive, must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts and submit documentation at the time of bid or proposal due date. If the Proposer fails to submit good faith effort documentation at the time of bid or proposal due date, the Proposer will be considered non-responsive. Only RC-DBE firms certified through the CUCP will be counted towards the contract goal; however, all DBE participation shall be collected and reported.
For contracts with RC-DBE contract goals, the resulting contractor shall utilize the specific DBEs listed unless the contractor obtains Metro’s written consent and unless the Metro’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
All Proposers are required to submit the following items to the City:
1. The name and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract; 3. The dollar amount of the participation of each DBE firm; 4. Written documentation of the proposer’s commitment to use the DBE subcontractor (the signed RC-DBE Commitment Form and/or other documentation) whose participation it submits to meet a RC-DBE contract goal; 5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer’s commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so.
The above information shall be provided at the time noted below:
1. Under sealed bids, as a matter or responsiveness, or with initial proposals under contract negotiation procedures, or 2. No later than 5 days after bid opening as a matter of responsibility.
4. RC-DBE PARTICIPATION GENERAL INFORMATION
It is the Proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and Metro’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
a. A RC-DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
b. A certified RC-DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company.
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c. A RC-DBE Proposer not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following;
i. The Proposer is a RC-DBE and will meet the goal by performing with its own forces.
ii. The Proposer will meet the goal through work performed by RC-DBE subcontractors, suppliers or trucking companies.
iii. The Proposer, prior to bidding, made adequate good faith efforts to meet the goal.
d. A RC-DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
e. A RC-DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a RC-DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
f. The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all RC-DBE subcontractors should be listed in the bid list of subcontractors. Firms to be counted toward the DBE Goal must be certified by bid/proposal due date.
g. A prime contractor who is a certified RC-DBE is eligible to claim all of the work in the agreement toward the RC-DBE participation except that portion of the work to be performed by non-DBE subcontractors.
h. In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted.
5. RESOURCES
a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Proposers may call (916) 440-0539 for web or download assistance.
b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at: https://dot.ca.gov/programs/civil- rights/dbe-search.
i. Click on Access the DBE Query Form located on the first line in the center of the page ii. Click on the Start DBE Firms Query
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iii. Searches can be performed by one or more criteria iv. Follow instructions on the screen
6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A RC-DBE, PURCHASES WILL COUNT TOWARDS THE RC-DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS:
a. If the materials or supplies are obtained from a RC-DBE manufacturer, 100 percent of the cost of the materials or supplies count towards the goal. A RC-DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications.
b. If the materials or supplies purchased from a RC-DBE regular dealer, count 60 percent of the cost of the materials or supplies. A RC-DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business. To be a RC-DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a RC-DBE regular dealer, in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not RC-DBE regular dealers within the meaning of this section.
d. Materials or supplies purchased from a RC-DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.
7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A RC-DBE, CREDIT WILL COUNT TOWARDS THE RC-DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS:
a. The RC-DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there cannot be a contrived arrangement for the purpose of meeting the RC-DBE contract goal.
b. The RC-DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the agreement.
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c. The RC-DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs.
d. The RC-DBE may lease trucks from another RC-DBE firm including an owner-operator who is certified as a RC-DBE. A RC-DBE who leases trucks from another RC-DBE receives credit for the total value of the transportation services the lessee RC-DBE provides on the agreement.
e. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
f. The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
g. For the purposes of this section, a lease must indicate that the RC-DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the RC-DBE, as long as the lease gives the RC-DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the RC-DBE.
8. TRANSIT VEHICLE MANUFACTURERS (TVM):
a. City shall require each Transit Vehicle Manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to complete a TVM Certification Form acknowledging that it has complied with the requirements of 49 CFR 26.49 section. City shall maintain the TVM Certification Form on file for DBE Program compliance. City shall check the FTA Civil Rights webpage (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit- vehicle-manufacturers) to validate TVMs that have an FTA approved DBE program and overall goal submissions. City is required to submit TVM certification with its Semi- Annual Report when there is a TVM award during the reporting period.
b. Subrecipients are required to submit within 15 days of making an award, the name of the successful bidder, and the total dollar value of the contract in the manner prescribed in the grant agreement. Metro’s Grant Administration Department will complete the TVM Report and will submit the report on behalf of the City to FTA using the FTA Vehicle Award Form at the following website link: https://www.surveymonkey.com/r/vehicleawardreportsurvey. Please contact your Metro Grants representative regarding TVM reporting should you have any questions.
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9. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS:
a. CONTRACT ASSURANCE
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible.
b. PROMPT PAYMENT PROVISIONS
The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with City’s prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing. Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above-referenced timeframes may occur only for good cause following written approval from City. Failure to comply with this provision without prior approval from City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements.
Prompt Progress Payments to Subcontractors
Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City. This clause applies to both DBE and non-DBE Subcontractors.
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You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed.
Prompt Payment of Withheld Funds to Subcontractors The City shall identify one of the provisions below and include the selected provision in their federal-aid contracts to ensure prompt and full payment of retainage, if applicable, to subcontractors in compliance with 49 CFR 26.29. □ Provision #1 – No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
□ Provision #2 – No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. □ Provision #3 – The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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c. TERMINATION/SUBSTITUTION The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the City. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. The contractor must give the DBE five days to respond to the contractor’s written notice and advise the City and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a respond period shorter than five days. The City shall review the termination/substitution request based on the reasons provided in 49 CFR 26.53. The contractor will include a contract clause stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the City and that, unless the written consent of the City is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. d. FAILURE TO COMPLY
Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or appropriate sanctions by City, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract.
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INSTRUCTIONS - BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PART I AND PART II (CONSTRUCTION CONTRACTS)
ALL PROPOSERS:
The U.S. Department of Transportation (DOT) requires CITY to maintain a “Bidders List” containing information about all firms (DBE and non-DBE) that bid, propose or quote on CITY’s DOT-assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Metro’s overall triennial DBE goal- setting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract:
a. Firm name; b. Firm address; c. Phone number d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year;
PART I - Identifies all subcontractors (DBE and Non-DBE) that provided a quote, bid, or proposal.
PART II - Identifies all subcontractors (DBE and Non-DBE) that provided a quote, bid, or proposal but were not selected to participate as a subcontractor on the project.
It is the Proposers responsibility to verify that the RC-DBE(s) falls into one of the following six groups in order to count towards the RC-DBE contract goal: 1) Black American; 2) Asian-Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women.
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RFP FORM A – BIDDERS LIST
Proposer RFP Number
The U.S. Department of Transportation (DOT) requires CITY to create and maintain a Bidders List containing information about all firms (DBEs and non-DBEs) that bid, propose, or quote on CITY’s DOT-assisted contracts in accordance with 49 C.F.R., Part 26.11. The “Bidders List” is intended to be a count of all firms that are participating, or attempting to participate, on DOT-assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract. The Proposer is to complete all requested information for every firm that submitted a bid, proposal, or quote, including the Proposer itself and any proposed subconsultants. The Bidders List form shall be submitted with each proposal submitted by the Proposer to CITY and for all bids, proposals, or quotes received by the Proposer for the pre- construction phase of this Project. Please note that CITY will request that this form be executed again if Proposer is awarded construction work on the Project as new subcontractors will then need to be identified. s. The Bidders List content will not be considered in evaluating the proposal or determining award of any contract.
1.0 Proposer’s Information
Name of Prime’s Firm: Phone: ( ) -
Firm Address: Email Address:
Type of work/services/materials provided: City ST ZIP Number of years in business:
Contact Person: Title:
Is the firm currently certified as a DBE under 49 C.F.R., Check the box below for your firm’s annual Part 26? Yes No gross receipts last year: Proposer has DBE Certification in the following Less than $1 million categories (place an “X”): Less than $5 million Black American Asian Pacific American Less than $10 million Native American Women Less than $15 million Hispanic American Subcontinent Asian American More than $15 million Other
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RFP FORM A (CONT’D) – BIDDERS LIST
Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal.
1.0 Subconsultant’s Information
Name of Subconsultant’s Firm: Phone: ( ) -
Firm Address: Email Address:
Type of work/services/materials provided: City ST ZIP Number of years in business:
Contact Person: Title:
Is the subconsultant’s firm currently certified as a DBE Check the box below for your firm’s annual under 49 C.F.R., gross receipts last year: Part 26? Yes No Subconsultant has DBE Certification in the following Less than $1 million categories (place an “X”): Less than $5 million Black American Asian Pacific American Less than $10 million Native American Women Less than $15 million Hispanic American Subcontinent Asian American More than $15 million Other
If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non-DBEs) that have submitted a bid, proposal, or quote on this DOT-assisted Project, whether successful or unsuccessful in their attempt to obtain a contract.
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INSTRUCTIONS - LOCAL AGENCY PROPOSER RC-DBE COMMITMENT
ALL PROPOSERS:
PLEASE NOTE: It is the proposer’s responsibility to verify that the RC-DBE(s) falls into one of the following groups in order to count towards the RC-DBE contract goal: 1) Black Americans; 2) Asian-Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal. Failure to submit the required RC-DBE commitment will be grounds for finding the proposal nonresponsive.
A “RC-DBE” is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian-Pacific Americans, Hispanic American, Subcontinent Asian American, or Women.
The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer’s Name, and Contract RC-DBE goal.
The form has a column for the Work Item Number and Description or Services to be subcontracted to RC-DBEs (or performed if the proposer is a RC-DBE). The RC-DBE prime contractors shall indicate all work to be performed by RC-DBEs including work to be performed by its own forces, if a RC-DBE. The RC-DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter RC-DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified RC-DBEs to perform the work (must be certified on the date proposals are due and include RC-DBE address and phone number).
There is a column for the percent participation of each RC-DBE. Enter the Total Claimed RC- DBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the RC-DBE, describe exact portion of time to be performed or furnished by the RC-DBE.) Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer’s good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-O1 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact.
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FORM B LOCAL AGENCY PROPOSER RC-DBE COMMITMENT
This form must be submitted with the proposal.
Local Agency Location Project Description Proposal Date Proposer’s Name Contract RC-DBE Goal (%) 3.6%
Name of Each RC-DBE Description or Services DBE (must be certified prior to submission- Percent Work Item to be Subcontracted Certificate include Participation Number (or contracted if the Number and RC-DBE address of Each RC-DBE Proposer is a RC-DBE) Expiration Date and phone number)
FOR AGENCY TO COMPLETE Total Claimed RC-DBE Commitment: % Agency Proposal Number Federal-Aid Project Number Federal Share Proposal Date
Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Signature of Proposer
( ) - Signature of Agency Representative Date Date Phone Number
Agency Representative (please print or type) Person to Contact (please print or type)
( ) - Phone Number
Distribution: (1) Original - Agency files Local Agency Proposer RC-DBE Commitment (Consultant Contracts) – Rev 062113
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FORM C RC-DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. ______Bid Opening Date: ______
CITY has established a Race-Conscious Disadvantaged Business Enterprise (RC-DBE) goal of 3.6% for this project Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non-responsive to the DBE requirements.
Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the “Local Agency Bidder – RC-DBE Commitment” form indicates that the Proposer has met the RC-DBE contract goal. This will protect the Proposer’s eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC-DBE firm was not certified at bid opening, or the Proposer made a mathematical error.
Submittal of only the "Local Agency Bidder RC-DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.
The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC-DBE participation:
a. The names and dates of each publication in which a request for RC-DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication:
Publications Dates of Advertisement ______b. The names and dates of written notices sent to certified RC-DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC-DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc.
Names of RC- Date of Initial Follow Up DBEs Solicitation Methods and Solicited Dates
15 c. The items of work which the Proposer made available to RC-DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC-DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC-DBE participation as follows (please provide documents that sufficiently evidence the effort): Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N)
d. The names, addresses and phone numbers of rejected RC-DBE firms, the reasons for the Proposer's rejection of the RC-DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC- DBE if the selected firm is not a RC-DBE.
1. Names, addresses and phone numbers of rejected RC-DBEs and the reasons for the Proposer's rejection of the RC-DBEs:
______
2. Names, addresses and phone numbers of firms selected for the work identified above:
______
16 e. Efforts made to assist interested RC-DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC-DBEs:
______f. Efforts made to assist interested RC-DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate:
______g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC-DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.
Name of Method/Date of Results Agency/Organization Contact ______h. Any additional data to support a demonstration of good faith efforts please include here. ______
Proposers are advised to attach all requested documents to this form. Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts.
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INSTRUCTIONS – SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION SUBRECIPIENT FORM D
SUCCESSFUL PROPOSER:
This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract.
The form must be completed for all DBEs – including all RC-DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number “1”. The date prepared should also be included.
IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project-- including all RC-DBEs listed on the RC-DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid.
There is a column for the “Dollars Paid This Month”. Enter the Total amount paid for each DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period.
Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the “Dollar +/- resulting from Change order Activity” column.
SUBRECIPIENT Form D must be signed and dated by the prime contractor’s representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 15th day of each month.
[Note attached form incorrectly identified as “Form 103.”]
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FORM D
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FORM D - Continued
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