AGENDA ITEM NO. 10.1
CITY OF ELK GROVE CITY COUNCIL STAFF REPORT
AGENDA TITLE: Consider a resolution dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code section 3.42.188(B)(3) and authorizing the City Manager to execute a contract with Sacramento Regional Transit District (SacRT) to provide the City’s fixed-route local and commuter transit services, Americans with Disabilities Act (ADA) paratransit services, and supporting transit maintenance operations; and execute a Second Amendment to the Service Agreement between SacRT and the City of Elk Grove (C-17-290) modifying the proportionate share payment requirements upon execution of the contract with SacRT to provide the City’s transit services and maintenance operations
MEETING DATE: February 27, 2019
PREPARED BY: Michael Costa, Transit System Manager
DEPARTMENT HEAD: Robert Murdoch, P.E., Public Works Director/ City Engineer
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution:
1. Dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code section 3.42.188(B)(3) and authorizing the City Manager to execute a contract with Sacramento Regional Transit District (SacRT) to provide the City’s fixed-route local and commuter transit services, Americans with Disabilities Act (ADA) paratransit services, and supporting transit maintenance operations; and
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2. Authorizing the City Manager to execute a Second Amendment to the Service Agreement between SacRT and the City of Elk Grove (C-17- 290), modifying the proportionate share payment requirements upon execution of the contract with SacRT to provide the City’s transit services and maintenance operations.
BACKGROUND INFORMATION:
On December 12, 2018, the City Council directed staff to negotiate a contract with SacRT for the operation of the City’s transit services and maintenance operations, to commence following the expiration of the City’s current contract with MV Transportation (MV) on June 30, 2019. The City Council further indicated that this contract could be precursor to the City’s annexation back into SacRT’s service district, pending evaluation of SacRT’s performance during the contract and the City’s acceptance of any negotiated annexation terms. Additional information regarding the context for the City Council’s direction to negotiate a contract with SacRT, and the Council’s consideration of annexation, can be found in Attachment 4 of this staff report.
ANALYSIS/DISCUSSION:
Following the City Council’s direction in December 2018, City and SacRT staff met multiples times, negotiated, and agreed upon terms, conditions and provisions for a contract for the operation and maintenance of Elk Grove’s transit services. The proposed contract is included as Attachment 2 to this report, and it describes the terms and conditions under which SacRT will provide transit services to the City beginning on July 1, 2019, and the City’s responsibilities during the five-year term of the contract. The contract also contains a provision that allows the City and SacRT to negotiate annexation terms and conditions at any time during, or after, the Contract’s term.
The contract contains a number of the same performance requirements and operational standards that exist in the City’s current contract with MV Transportation, Inc. (MV), including the following:
• SacRT will maintain all existing transit service levels, while also providing the City with the flexibility to modify service levels in order to meet the City’s needs;
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• SacRT will adhere to applicable federal and state contract regulations, to maintain existing contracted administrative staff, bus operators (drivers), customer service and dispatch personnel, and maintenance (mechanics)/utility staff, provided that the individuals pass SacRT’s employment and security background review process and maintain satisfactory job performance/standing;
• Key SacRT administrative personnel, who either report to, or interact directly with, the City’s Transit Manager and Fleet and Facilities Manager, must be approved by the City;
• Liquidated damage assessments, which have been negotiated and agreed upon by City and SacRT staff, are defined and will be utilized to help ensure that SacRT adheres to the all of the contract’s key performance measures;
• Customer service standards, bus preventive maintenance protocols, and bus and bus shelter washing schedules will all be maintained by SacRT in a manner similar to the City’s current contract with MV;
• As a condition of the proposed contract with SacRT, SacRT has agreed to treat the amounts paid by the City under the contract as the City’s proportionate share payment for the final year of the current Service Agreement that the City had executed with SacRT on on July 13, 2017 (C-17-290), and amended on June 7, 2018 (C-18- 343); and
• Pending the identification of appropriate funding, and the establishment of an agreement with Paratransit, Inc. for providing the service, the City and SacRT will work towards implementing regional ADA paratransit service for ADA-eligible Elk Grove residents, which may be implemented by July 1, 2019, or shortly thereafter.
It is important to note that there are two provisions within the proposed contract that deviate from the City’s current contract with MV. These two matters are summarized, below:
• Indemnification: The City and SacRT have negotiated the terms of indemnification and defense, which allow for circumstances of mutual indemnity for both the City and SacRT. Per the City’s current contract with MV, MV must fully indemnify and defend the City and accept all liability for transit services and operations at all times, with the exception of events that are due to the City’s willful misconduct
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and/or sole negligence. The City is not responsible for indemnifying or defending MV at any time. With mutual indemnification with SacRT, the City will accept liability under defined circumstances that require the City to indemnify and defend SacRT. The City’s existing insurance liability policies provide adequate coverage for the City’s indemnification of SacRT for non-transit related liability; however, additional costs to indemnify SacRT in the special circumstances defined in the proposed contract are unknown. As a public agency, SacRT requires the City to provide some level of mutual indemnification, and staff believes that the negotiated terms for this indemnification are fair and adequate.
• Performance Bond: SacRT will not be required to provide a Performance Bond. The Performance Bond requirement is a typical contract provision that is intended to help the City financially in the event that a contractor either terminates the services, or fails to perform the required work. If this event were to occur, the City would be forced to immediately procure a new transit contractor to complete the contracted work, which would require the City to call upon the Performance Bond to pay for those services. SacRT has expressed concern with the costs to acquire a Performance Bond for the proposed contract. City staff does not anticipate that the removal of the Performance Bond requirement will result in any major financial risk for the City at this time, particularly since SacRT is a public agency.
With regard to the proposed Second Amendment to the Service Agreement, the City is required by statute to pay a proportionate share payment to SacRT in order to become a participating entity in the Sacramento Regional Transit District. Currently, the City’s proportionate share payment is set at $350,000 per year. As noted above, the proposed contract with SacRT will serve to satisfy the City’s proportionate share payment requirement. The proposed Second Amendment to the Service Agreement (Attachment 3) provides that the proportionate share payment will not be owed for Fiscal Year 2020 (July 2019 to June 2020) provided the underlying agreement for operation and maintenance of the City’s transit system remains in place.
Elk Grove Municipal Code section 3.42.188(B)(3) states that the City Council may dispense with the formal request for proposals procedure when, in the judgment of the City Council, compliance with the procedure is not in the best interest of the City. Due to the factors listed above, a formal
4 Elk Grove City Council December 12, 2018 Page 5 of 6 request for proposal process will not be in the best interest of the City. Pursuing the formal proposal process would result in an expenditure of time and money, and the process is not expected to result in an outcome more advantageous to the City than the proposed contract with SacRT. Additionally, staff contacted its representatives at the Federal Transit Administration (FTA) to discuss the proposed contract and procurement requirements. The FTA noted that a contract between the City and SacRT would be an intergovernmental agreement between two public entities, not a “procurement.” Therefore, the federal competitive procurement requirements are inapplicable.
ALTERNATIVE ACTIONS:
If the City Council does not wish to pursue the proposed contract with SacRT, the alternative would be to execute a one year extension to the contract with MV under the same terms and conditions as the City’s current contract. Following the City Council’s direction in December, 2018, staff received an unsolicited cost proposal from MV that identified reduced revenue hour cost rates for Option Years 1, 2 and 3 of the current MV contract. These reduced cost rates would apply should the City wish to execute the optional years with MV. The following tables compare MV’s new cost proposal with SacRT’s currently proposed costs that are identified in Exhibit D of the proposed contract.
SacRT Year 1 Year 2 Year 3 Year 4 Year 5 Fixed-Route Costs $5,459,703 $5,618,743 $5,782,554 $5,951,280 $6,124,852 Paratransit Costs $1,297,504 $1,335,300 $1,374,230 $1,414,327 $1,455,577 Subtotal $6,757,207 $6,954,043 $7,156,784 $7,365,607 $7,580,429 Minus Proportionate ($350,000) ($350,000) ($350,000) ($350,000) ($350,000) Share Payment Costs Total Costs $6,407,207 $6,604,043 $6,806,784 $7,015,607 $7,230,429
MV Optional Optional Optional There are no additional Year 1 Year 2 Year 3 optional years in MV's Fixed-Route Costs $5,341,288 $5,499,500 $5,647,848 current contract to Paratransit Costs $1,248,933 $1,291,539 $1,332,006 compare to SacRT’s cost proposal Total Costs $6,590,221 $6,791,039 $6,979,854
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Should the City Council wish to execute Option Year 1 pursuant to the current MV contract, then MV would continue operating the City’s transit services and maintenance operations until June 30, 2020.
Staff does not recommend executing an optional contract year with MV at this time. The proposed contract with SacRT has been negotiated in good faith between City and SacRT staff. Executing the proposed contract with SacRT would also allow the City to better evaluate future annexation with SacRT, should the City Council wish to continue pursuing that effort. As previously indicated, Council expressed a desire to use the term of the proposed contract as an opportunity to explore the possibility of annexation back into SacRT’s service district at some point in the future.
FISCAL IMPACT:
The proposed contract with SacRT is for a five-year term, with a not-to- exceed amount of $36,000,000. Fixed-route and ADA paratransit service revenue hour rates and administrative costs are established in Exhibit D of the attached contract. SacRT’s overall cost proposal has not changed since it was first presented to City Council in December 2018.
Staff anticipates that the annual costs for SacRT to perform the City’s transit service and maintenance operations will be accommodated by future federal and state funding apportionments. These revenues are generated from the same funding sources utilized to pay for the City’s present contract with MV. Should the City Council approve this contract with SacRT, staff will incorporate SacRT’s proposed “Year 1” contract costs into Transit’s FY 2019-20 operations budget.
ATTACHMENTS:
1. Resolution 2. Elk Grove-SacRT Operations and Maintenance Contract 3. Second Amendment to the Service Agreement between SacRT and City of Elk Grove (C-17-290) 4. December 12, 2018 Staff Report
6 ATTACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE DISPENSING WITH THE FORMAL REQUEST FOR PROPOSAL PROCEDURES PURSUANT TO ELK GROVE MUNICIPAL CODE CHAPTER 3.42 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SACRAMENTO REGIONAL TRANSIT DISTRICT (SACRT) TO PROVIDE THE CITY’S FIXED ROUTE LOCAL AND COMMUTER TRANSIT SERVICES, AMERCIANS WITH DISABILITIES ACT (ADA) PARATRANSIT SERVICES, AND SUPPORTING TRANSIT MAINTENANCE OPERATIONS; AND EXECUTE A SECOND AMENDMENT TO THE SERVICE AGREEMENT BETWEEN SACRT AND CITY OF ELK GROVE (C-17-290) MODIFYING THE PROPORTIONATE SHARE PAYMENT REQUIREMENTS UPON EXECUTION OF THE CONTRACT WITH SACRT TO PROVIDE THE CITY’S TRANSIT SERVICES AND MAINTENANCE OPERATIONS
WHEREAS, the City of Elk Grove operates a comprehensive transit system; and
WHEREAS, the City currently contracts with an outside vendor, MV Transportation, Inc. (MV), for the operation of its transit services and maintenance operations that will conclude on June 30, 2019; and
WHEREAS, on December 12, 2018, the City Council of the City of Elk Grove directed staff to negotiate a contract with Sacramento Regional Transit District (SacRT) to provide the City’s transit services and maintenance operations following the expiration of MV’s current contract with the City on June 30, 2019; and
WHEREAS, the contract with SacRT establishes a five-year term for SacRT to operate the City’s transit services and maintenance operations, beginning on July 1, 2019, and ending on June 30, 2024;
WHEREAS, the contract with SacRT allows for City and SacRT to discuss and negotiate terms of annexation at any time during, or after, the Contract’s term, should the City wish to pursue this option;
WHEREAS, as a condition of the contract with SacRT, SacRT has agreed to treat the amounts paid by the City under the contract as the City’s proportionate share payment for the final year of the current Service Agreement that the City had executed with SacRT on July 13, 2017 (C-17-290), and amended on June 7, 2018 (C-18-343); and
WHEREAS, pursuant to Elk Grove Municipal Code section 3.42.188(B)(3), the City Council may dispense with the formal request for proposals procedure when, as here, and for the reasons presented, in the judgment of the City Council, compliance with the procedure is not in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove finds that a formal request for proposals process is not in the best interest of the City, hereby dispenses with the formal request for proposals procedure, and authorizes the City Manager to execute a contract with SacRT in substantially the same form included herein to provide the City’s fixed-route local and commuter transit services, ADA paratransit service, and supporting transit maintenance operations, commencing on July 1, 2019, with a total contract cost not-to-exceed $36,000,000.
7 AND BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendment to the Service Agreement between SacRT and the City (C-17-290), in substantially the same form included herein, modifying the proportionate share payment requirements upon execution of the contract with SacRT to provide the City’s transit services and maintenance operations.
AND BE IT FURTHER RESOLVED that the City Manager is authorized to execute any amendments, revisions, or modifications to the City’s contract with SacRT in order to respond to changes in federal and/or state regulations, as well as to address changes to the contract’s provisions that improve transit operations and administrative functions, so long as the contract’s five-year term and total cost of $36,000,000 are not exceeded.
PASSED AND ADOPTED by the City Council of the City of Elk Grove this 27th day of February 2019
STEVE LY, MAYOR of the CITY OF ELK GROVE
ATTEST: APPROVED AS TO FORM:
JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY
8 ATTACHMENT 2
CITY OF ELK GROVE
SACRAMENTO REGIONAL TRANSIT DISTRICT FOR
Fixed Route, ADA Paratransit/Dial-A-Ride, and Maintenance Operations
9 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
CONTRACT FOR SERVICES
THIS CONTRACT (“Contract”) is made on ______, 2019 (“Effective Date”), by and between the City of Elk Grove, a municipal corporation, herein referred to as “City”, and Sacramento Regional Transit District, a public corporation, herein referred to as “SacRT”, collectively referred to as the “Parties.”
WITNESSETH
WHEREAS, SacRT provides public transit services in the cities of Sacramento, Folsom, Citrus Heights, and Rancho Cordova and within unincorporated Sacramento County; and
WHEREAS, SacRT is authorized to provide service under contract outside of its jurisdictional boundaries; and
WHEREAS, SacRT has presented a proposal to provide fixed route, ADA Paratransit/Dial-A-Ride, and maintenance operations services, which services are identified in the Scope of Work attached hereto and incorporated herein as Exhibit A, the Operations Plan, attached hereto and incorporated herein as Exhibit I, and the Maintenance Program, attached hereto and incorporated herein as Exhibit J, and by reason of its qualifications, experience, and facilities, is duly authorized to perform the type of services contemplated herein; and,
WHEREAS, the City desires to contract with SacRT to perform the Scope of Work pursuant to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, City and SacRT agree to as follows:
1. SCOPE OF SERVICES
A. SacRT must do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit A. This Contract and its exhibits are herein referred to as the “Contract Documents.” Terms set forth in any exhibits are deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall controls.
B. SacRT agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
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2. TERM OF CONTRACT
A. This Contract is effective as of the Effective Date and will continue until 11:59 p.m. on June 30, 2024, unless earlier terminated as provided herein. It is the current intent that during, or upon completion (termination or expiration), of this Contract’s term, the City will have the option to negotiate annexation of the City’s transit services into SacRT’s authority. However, if the City, in its sole discretion, determines that it is not in the City’s best interest to annex services into SacRT, the City may, upon termination or expiration of this Contract, place the services back out to competitive bid and this Contract will terminate on the date listed herein.
3. SCHEDULE FOR PERFORMANCE
City and SacRT agree that time is of the essence. SacRT must complete all work under this Contract as often as necessary, as required by this Contract, and as required by California State, Federal and local law, all to the City’s satisfaction. Deviations from the time schedule may be made with the written approval of both the City and SacRT, or its authorized representative. SacRT’s failure to complete work as required herein may result in delayed compensation as described in Section 4 the Contract requirements.
4. COMPENSATION
A. City must pay SacRT monthly (within 30 calendar days of the City’s receipt of a complete and undisputed invoice) at the rates and amounts set forth in Exhibit D, “Compensation and Method of Payment,” attached hereto and incorporated herein by reference, based on the number of revenue hours of service provided and the fixed monthly administrative fee, but in no event will the total compensation under this Contract exceed $36,000,000.00 for the full term of the Contract without City’s prior written approval. SacRT will have no obligation to perform services under this Contract to the extent such services would require compensation in excess of the foregoing maximum consideration, unless and until the parties execute an amendment to this Contract to provide for such additional compensation.
B. SacRT must submit a monthly invoice showing the total number of hours of revenue service provided at the specified rate for that fiscal year, and the monthly administrative fee amount.
C. If SacRT’s performance is not in conformity with the Scope of Work or Schedule of Performance, payments may be delayed or denied, unless otherwise agreed to by the City in writing.
D. If the work is halted at the request of the City, compensation will be based upon the proportion that the work performed bears to the total work required by this Contract as well as costs already obligated by SacRT to provide services under this Contract to the extent such costs cannot be refunded to or recaptured by SacRT, subject to the verification and approval of the City, subject to Section 11, Termination and Suspension, and as otherwise stated herein.
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E. If SacRT or the City fail to comply with the requirements of this Contract in any way, the City and SacRT reserves the right to implement reasonable administrative remedies which may include, but are not limited to, withholding of payments.
F. City and SacRT have entered into a separate agreement titled “Service Agreement between Sacramento Regional Transit District and the City of Elk Grove”, dated July 13, 2017, City Contract Reference C-17-290 (“Service Agreement”). City and SacRT agree that, upon execution of this Contract, the proportionate share payment required under Section 3 of the Service Agreement will not be required, and SacRT agrees to modify the Service Agreement concurrent herewith to effectuate that modification. Furthermore, SacRT and City agree that the compensation to SacRT provided for herein will meet the City’s proportionate share and all other obligations under California Public Utilities Code Sections 102100.3 and 102100.8.
5. NOTICES
A. All notices and other communications under this Contract must be in writing and are deemed to have been duly given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by e-mail directed to the party to whom notice is to be given at the e- mail address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. Notices and other communications must be directed to the parties at the addresses shown below. A party may change its person designated to receive notice, its e-mail address, or its mailing address from time to time by giving notice to the other party in accordance with the procedures set forth in this Article. Any notice to SacRT of proposed liquidated damages assessment must be provided by e-mail
B. SacRT must transmit invoices and any notices, with copy to City Attorney (excepting invoices), required by this Contract to City as follows:
City of Elk Grove Attn: Finance Department 8401 Laguna Palms Way Elk Grove, California 95758
City of Elk Grove Attn: Transit Manager 8401 Laguna Palms Way Elk Grove, California 95758
With Copy to: City of Elk Grove Attn: City Attorney’s Office 8401 Laguna Palms Way Elk Grove, California 95758 4
12 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
C. City must transmit payments on invoiced amounts, and any notices required by this Contract to SacRT as follows:
Sacramento Regional Transit District General Manager/CEO PO Box 2110 Sacramento, CA 95812-2110 E-mail: [email protected]
Sacramento Regional Transit District VP Accountability and Performance PO Box 2110 Sacramento, CA 95812-2110 E-mail: [email protected]
Sacramento Regional Transit District VP, Transportation PO Box 2110 Sacramento, CA 95812-2110 E-mail: [email protected]
6. PROFESSIONAL SERVICES
SacRT agrees that services must be performed and completed in the manner and according to the professional standards observed by a competent practitioner of the profession in which SacRT and its subcontractors or agents are engaged.
7. INDEPENDENT PUBLIC AGENCY
A. It is understood and agreed that SacRT (including SacRT's employees, subcontractors, agents, and anyone working on their behalf) is an independent public agency and that no relationship of employer-employee exists between the Parties hereto.
B. SacRT's assigned personnel are not entitled to any benefits payable to employees of City.
C. City is not required to make any deductions or withholdings from the compensation payable to SacRT under the provisions of the Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of SacRT's assigned personnel.
D. SacRT, in the performance of its obligation hereunder, is only subject to the control or direction of City as to the designation of tasks to be performed and the results to be accomplished.
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13 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
E. Any third party person(s) employed by SacRT will be entirely and exclusively under the direction, supervision, and control of SacRT.
F. SacRT hereby indemnifies, defends and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
8. AUTHORITY OF SACRT
SacRT possesses no authority with respect to any City decision and no right to act on behalf of City in any capacity whatsoever as agent, or to bind City to any obligations whatsoever. Neither SacRT nor any party contracting with SacRT will be deemed to be an agent or employee of the City. SacRT is an independent public agency and the legal relationship of any person performing services for SacRT will be one solely between that person and/or entity and SacRT.
9. CONFLICT OF INTEREST
SacRT certifies that it has disclosed to City any actual, apparent, or potential legal conflicts of interest that may exist relative to the services to be provided pursuant to this Contract. SacRT agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Contract. SacRT further agrees to complete any statements of economic interest if required by either City ordinance or Federal, State or local law.
City acknowledges that as a public agency SacRT operates its own services in an adjacent geographical area and that, as a result of these services, there may be occasions where SacRT’s interests may conflict with those of City or SacRT may take positions different from those of City, including but not limited to matters concerning transit funding, State or Federal legislation, regulatory matters, labor or employment issues, land-use planning, and competition for contractors/consultants. In no event will this provision be construed or interpreted to prevent SacRT from advancing those interests, so long as: SacRT notifies City promptly upon SacRT’s discovery of an actual or potential conflict of interest; SacRT does not use this Contract to advance its interest in a manner that adversely affects City’s interest; and SacRT continues to satisfactorily provide the services called for in this Contract.
SacRT, as applicable by law, is subject to the same conflict of interest prohibitions established by the Federal Transit Administration (FTA) and California law that govern the City’s employees and officials (Cal. Gov. Code section 1090, et seq., and Cal. Gov. Code section 87100, et seq.).
SacRT warrants and represents that it presently has no legal conflict of interest as defined by law and agrees that it must not acquire any interest that would present a legal conflict of interest during the performance of services under this Contract for its full term, including any optional extensions. SacRT further covenants that it must not knowingly employ any person having such a conflict of interest in the performance of this Contract. Violation of this provision may result in this Contract being deemed void and unenforceable at the option of the City.
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Depending on the nature of the work performed, SacRT may be required to publicly disclose financial interests. Upon receipt of such request by the City, SacRT agrees to promptly submit a Statement of Economic Interest on the form provided by the City.
No person previously in the position of Director, Officer, employee or agent of the City, or such other position as defined by law, during his or her tenure or for one (1) year after that tenure or such other time as the law may require, may have any interest, direct or indirect, in this Contract or the proceeds under this Contract, nor may any such person act as an agent or attorney for, or otherwise represent SacRT by making any formal or informal appearance, or any oral or written communication, before the City, or any Officer or employee of the City, for a period of one (1) year, or such other time as the law may require, after leaving office or employment with the City if the appearance or communication is made for the purpose of influencing any action involving this the services provided or related to this Contract.
Subject to the provision set forth above, SacRT shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed under this Contract and other solicitations that may relate to the City. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to the City; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other agreement.
SacRT shall not engage the services of any subcontractor or independent public or private agency on any work related to this Contract if the subcontractor or independent public or private agency, or any employee of the subcontractor or independent public or private agency, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Contract.
If at any time during the term of this Contract SacRT becomes aware of an organizational conflict of interest in connection with the work performed hereunder, SacRT immediately shall provide the City with written notice of the facts and circumstances giving rise to this organizational conflict of interest.
In the event a conflict of interest is presented, whether disclosed by SacRT or discovered by the City, the City shall consider the conflict presented and any alternatives proposed and meet with SacRT to determine an appropriate course of action. The City’s determination as to the manner in which to address the conflict shall be final.
During the term of this Contract, SacRT must maintain lists of its employees, subcontractors and independent public or private agencies used and their respective employees. SacRT must provide this information to the City upon request. However, submittal of such lists does not relieve SacRT of its obligation to assure that no organizational conflicts of interest exist. SacRT shall retain these records 7
15 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
for the full term of the Contract and for three (3) years after the City makes final payment under this Contract; such records shall be treated as public records and may be published as part of future City solicitations.
SacRT shall maintain written policies prohibiting organizational conflicts of interest and shall ensure that its employees are fully familiar with these policies. SacRT shall monitor and enforce these policies and shall require its employees, subcontractors, independent public or private agencies, and affiliates to maintain, monitor and enforce policies prohibiting organizational conflicts of interest.
Failure to comply with this section may subject SacRT to damages incurred by the City in addressing organizational conflicts that arise out of work performed by SacRT, or to termination of this Contract.
10. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the Parties hereto and must be signed by the persons authorized to bind the Parties.
11. TERMINATION AND SUSPENSION
A. This Contract may be terminated by City, with or without cause, provided that City gives not less than one hundred, eighty (180) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City is entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 15, Property of City. Additionally, any property owned by City must be returned to City on or before the termination date, at City’s discretion. Upon receipt of City’s notice of intent to terminate, SacRT shall not commit itself to any further expenditure of time or resources beyond the 180 day notice period. In the event of termination, the City shall not in any manner be liable for SacRT’s actual or projected lost profits and/or any other damages had SacRT completed the services required by this Contract for its full term.
B. In the event SacRT materially breaches any term of this Contract, the City may temporarily suspend this Contract, provided that SacRT is given prior written notice of the City’s intent to temporarily suspend the Contract at least 10 calendar days prior to the effective date of the temporary suspension (delivered by certified mail, return receipt requested), during which time SacRT will have the opportunity to cure the material breach. If the material breach is cured within the time period provided or, if not capable of cure within 10 days, SacRT commences to cure, and proceeds diligently to cure, and both City and SacRT agree on a time frame for the breach to be cured outside of the 10 day cure period, the City will withdraw its notice of intent to temporarily suspend the Contract. If the material breach is not cured within the time period provided, the Contract will be temporarily suspended and SacRT must immediately suspend its activities under this Contract, unless the City’s notice of suspension states another date for commencement of suspension, in which case SacRT shall 8
16 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
comply with the noticed suspension date. In the event of a suspension of the work, SacRT will not be relieved of SacRT’s responsibilities under this Contract, except the obligations to perform the work for the period of time during which the City has specifically directed SacRT to suspend under this section. A notice of intent to temporarily suspend the Contract and a notice of suspension may be withdrawn by City by issuing a notice of withdrawal of the suspension. SacRT must be provided a reasonable amount of time to re-mobilize and re-commence services after the notice of withdrawal. With respect to any uncured breach, City may choose to withdraw a notice of suspension and direct SacRT to re- commence services while simultaneously providing a notice of termination as set out in paragraph A., above. In that event, SacRT will be entitled to continue compensation from the time the suspension is lifted until the effective date of the termination.
C. Notwithstanding any provisions of this Contract, the City and/or SacRT will not be relieved of liability to the other party for damages sustained by virtue of any breach of this Contract by the other party; City may withhold, subject to limitations under the law, any payments due to SacRT until such time as the exact amount of damages, if any, due to the City from SacRT is determined, at which time such amount will be deducted from payment and applied to offset the City’s damages.
D. Nothing herein precludes the City from exercising its right to terminate and/or suspend this Contract simultaneously or contemporaneously with any other provision of this Contract, including, without limitation, its right to collect liquidated damages from SacRT.
12. FUNDING
SacRT agrees and understands that renewal of this Contract in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII B of the California Constitution and that the City Council may determine not to fund this Contract in subsequent years.
13. NOTICE TO PROCEED
Prior to commencing work under this Contract, SacRT will receive a written “Notice to Proceed” from City. A Notice to Proceed will not be issued until all the following conditions are first met:
a. SacRT provides City with proof of insurance (Sections 25-26);
b. SacRT provides City with SacRT’s Substance Abuse Policy (Section 33.R of Miscellaneous Provisions);
c. SacRT provides City with the forms required under Section 17;
d. City has approved SacRT’s list of personnel for key positions as defined in the Scope of Work;
e. SacRT must submit (1) verification that its “safety-sensitive” employees, as defined below, are included as part of a random testing pool; and (2) the name of its third party 9
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Drug and Alcohol administrator, if applicable.
City is not obligated to pay SacRT for any services prior to issuance of the Notice to Proceed. SacRT must complete all conditions precedent to the Notice to Proceed, as stated herein, by no later than July 1, 2019. In the event that SacRT fails to complete the required conditions, City may, at its option, find replacement services and SacRT shall reimburse City for those costs, and/or complete the required conditions on SacRT’s behalf, in which case, City shall charge SacRT, and SacRT shall reimburse City, the cost to City for completing those conditions plus a mark-up of 15% to compensate City for its administrative burden and other costs in completing SacRT’s work under this Contract, and/or pursue such other remedy as deemed appropriate in City’s sole discretion.
14. EXTENSIONS OF TIME
SacRT may, for good cause, request extensions of time to perform the services required hereunder. Such extensions must be authorized in advance by City, in writing, and at City’s sole discretion. Such extensions, if authorized, will be incorporated in written amendments to this Contract in the manner provided in Section 10.
15. PROPERTY OF CITY
A. It is mutually agreed that all materials prepared by SacRT and/or equipment and property purchased by SacRT with City funds pursuant to this Contract will be the property of City, and SacRT will have no property right thereto. Notwithstanding the foregoing, unless otherwise agreed to in writing, SacRT will maintain exclusive property rights to the any property it owned upon commencement of this Contract. This includes any on-time performance software and dispatching software programs as identified to the City prior to commencement of this Contract.
Immediately upon termination, City is entitled to, and SacRT must deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by SacRT in performing this Contract that is not SacRT’s privileged information, as defined by law, or SacRT’s personnel information, along with all other property belonging exclusively to City which is in SacRT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Contract must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be a contract for services and each considers the products and results of the services to be rendered by SacRT hereunder to be work made for hire. SacRT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and is the sole and exclusive property of City without restriction or limitation upon its use or dissemination by the City.
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C. Nothing herein constitutes or may be construed to be any representation by SacRT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location will be at City’s sole risk.
16. COMPLIANCE WITH LAW
SacRT must comply with all applicable laws, ordinances, and codes of Federal, State and local governments, and must commit no trespass on any public or private property in performing any of the work authorized by this Contract. As applicable, it is City’s responsibility to obtain all rights-of-way and easements to enable SacRT to perform its services hereunder. SacRT will assist City in providing the same.
SacRT must pay prevailing wage rates to the extent payment of prevailing wage is required for work completed under this Contract, in accordance with California State and Federal labor laws. SacRT must ascertain whether prevailing wage is required. California prevailing wage rates may be obtained from the California Department of Industrial Relations.
Further, if SacRT procures any of the services from any third party (subcontractors, consultants, etc.), SacRT must competitively bid that work to the extent required by California State and Federal law (see, e.g., California Public Contracts Code section 20161, et seq.). Notwithstanding the foregoing, SacRT must not subcontract any of the work to be performed under this Contract without the prior express written consent of the City in the manner set forth in Section 10 (Amendments, Changes, or Modifications).
A. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS. SacRT must comply with applicable transit employee protective agreements as required by law and pursuant to the provisions of this Contract.
1. General Transit Employee Protective Requirements: To the extent that the Federal Transit Administration (FTA) determines that transit operations are involved, SacRT must carry out the transit operations work in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contract and to meet the employee protective requirements of 49 U.S.C.A. 5333(b), and U.S. Department of Labor guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. Department of Labor (“DOL”) to FTA applicable to the FTA recipient's project from which Federal assistance is provided to support work under this Contract. The requirements of this subsection however do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. 5310(a)(2), or for projects for non-urbanized areas authorized by 49 U.S.C. 5311. Alternate provisions for those projects are set forth in subsections (2) and (3) of this provision.
2. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 5310(a)(2) for Elderly Individuals and Individuals with Disabilities: If the work to be completed under this Contract involves transit operations financed in whole or in part with Federal assistance authorized 11
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by 49 U.S.C. 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. 5333(b) are necessary or appropriate for the State and the public body sub-recipient for which work is performed, SacRT shall carry out the project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the grant agreement or cooperative agreement with the State. SacRT must perform transit operations under this Contract in compliance with the conditions stated in that U.S. DOL letter.
3. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 5311 in Non-Urbanized Areas: If the work to be performed under this Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. 5311, SacRT must comply with the terms and conditions of the Special Warranty for the Non-urbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. SacRT must also include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by the FTA.
17. COMPLIANCE WITH FEDERAL TRANSIT ADMINISTRATION (FTA) AND OTHER REQUIREMENTS
If any portion of the services under this Contract require the use of Federal funds, all Federal requirements shall apply. To the extent applicable under this Contract and to SacRT as a public entity receiving Federal grant funding, SacRT must comply with the Federal requirements attached hereto and incorporated herein by reference as Exhibit B.
Additionally, SacRT must complete the following forms, which are attached hereto and incorporated herein by reference, and such other documentation as may be required:
Form A (Lobbying Certification) Form B (Non-Collusion Affidavit) Form C (Debarment and Suspension Certification) Form D (Labor Code Section 1072 Declaration)
18. REPRESENTATIONS
A. SacRT agrees and represents that it is qualified to properly provide the services set forth herein, in a manner which is consistent with the generally accepted standards of SacRT’s profession.
B. SacRT agrees and represents that the work performed under this Contract must be in accordance with applicable Federal, State and local law. City anticipates that work to be completed by SacRT under this Contract will be funded in whole or in part with Federal funding; SacRT shall comply with all Federal and/or California State (“State”) requirements applicable to the use of the funds, 12
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including without limitation, complying with, and consenting to, each certification and assurance which may be required. SacRT further agrees to cooperate, assist and complete any work required of SacRT to comply with all Federal, State, and/or local agency funding conditions.
C. SacRT must designate a person who at all times will represent SacRT before the City on all matters relating to this Contract. The person will continue in such capacity unless and until he or she is removed at the request of City, is no longer employed by SacRT, or is replaced with the written approval of City, which approval will not be unreasonably withheld.
D. To the extent possible, SacRT must provide corrective services without charge to City for services that fail to meet the above professional and legal standards and that are reported to SacRT in writing within sixty (60) calendar days of discovery. If SacRT fails or refuses to perform promptly its obligations, the City may render or undertake performance thereof and SacRT will be liable for any expenses thereby incurred.
E. Except when approval or other action is required under the Contract Documents to be given or taken by the City Council, the City Manager, or his/her duly authorized designee will represent and act for the City.
19. APPROVAL OF STAFF MEMBERS
A. SacRT must make every reasonable effort to maintain the stability and continuity of SacRT’s staff assigned to perform the services required under this Contract. In addition to the provisions set forth in this Contract regarding changes in personnel, SacRT must notify City of any changes in SacRT’s staff to be assigned to perform the services required under this Contract and will obtain the approval of the City Manager, or his/her designee, of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance.
B. Notwithstanding City’s approval of SacRT’s personnel, SacRT will not be relieved from any liability resulting from the work to be performed under this Contract, nor will SacRT be relieved from its obligation to ensure that its personnel maintain all requisite certifications, licenses, and the like, and SacRT must ensure that its personnel at all times fully comply with the law.
C. Successor contractor obligations. This Contract replaces a prior contract between the City and MV Transportation, Inc. SacRT must retain the employees working under the prior contract for a period of not less than 90 days from the date of the Notice to Proceed issued pursuant to Section 12 of this Contract, and otherwise comply with the terms of California Labor Code section 1072.
D. Upon written notice from City regarding the substandard job performance of any SacRT personnel providing services under this Contract, SacRT will immediately begin investigating the matter and will determine appropriate corrective and/or disciplinary action (in accordance with the labor agreement provisions applicable to the subject personnel) and provide additional training as necessary to correct any performance deficiencies. The City has the right to request that SacRT either temporarily or permanently remove any contracted SacRT employee from the City’s premises and contracted transit services should that SacRT employee commit an act of indecency, and/or violate 13
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any local, State or Federal law, or that would endanger the City’s public and/or its employees, and/or cause damage to the City’s public image.
20. ASSIGNMENT AND SUBCONTRACTING
A. Except as expressly authorized herein, SacRT's obligations under this Contract are not assignable or transferable, and SacRT must not subcontract any work, without the prior written approval of the City. However, claims for money due or which become due to SacRT from City under this Contract may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary will be furnished promptly to City.
B. SacRT is fully responsible to City for the negligent acts and omissions of its consultants and subcontractors, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by SacRT.
21. [INTENTIONALLY OMITTED]
22. LIABILITY OF SACRT—NEGLIGENCE
SacRT is responsible for performing the work under this Contract in a manner that is consistent with the generally-accepted standards of SacRT’s profession and SacRT is liable for its own negligence and the negligent acts of its employees, agents, consultants and subcontractors. City shall have no right of control over the manner in which the work is to be done but only as to its outcome. Except as set out in this Contract and the License Agreement, City shall not be charged, as a consequence of this Contract, with the responsibility of preventing risk to SacRT or its employees, agents, consultants or subcontractors in their performance of the scope of work set out in this Contract.
23. INDEMNITY AND LITIGATION COSTS
Pursuant to Government Code Section 895.4, each party must assume the defense of and indemnify and hold harmless the other party and its officers, employees and agents from and against all actions, damages, costs, liabilities, claims, penalties, fines, demands, losses and expenses, including reasonable attorneys’ fees (collectively “Claim(s)”), to which any or all of them may be subjected by reason of or resulting from, directly or indirectly, the negligent act or omission or wrongful act of the party’s officers, employees and agents in performing work authorized under this Contract; provided however, that City will not be obligated to defend, hold harmless and indemnify SacRT as set forth in this paragraph to the extent a Claim results from SacRT’s performance of its obligations as set out in this Contract.
It is the intent of the parties that where negligence or responsibility for a Claim is determined to be shared, principles of comparative fault will apply and each party must bear the proportionate cost of any Claim attributable to that party’s negligence or wrongful act.
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Each party will reasonably notify the other party, when appropriate, of any Claim under this Contract received by a party that may lead to a demand for indemnification under this Article. The parties agree to cooperate in the defense of any Claim alleging liability by both parties. All reasonable efforts will be made to reach consensus on each party’s responsibility for any Claim before the filing of by either party of any judicial proceeding or cross complaint. If consensus on liability for the Claim is reached, a joint defense strategy and cost sharing arrangement may be agreed to.
Nothing set forth in this Contract shall (i) be considered a waiver of any statutory liability exemption, including, without limitation, design immunity and notice of a dangerous condition of public property, (ii) be considered a waiver of City’s right to require property owners to repair sidewalks and assume liability for Claims resulting from sidewalk defects, or (iii) establish a standard of care or create any legal rights for any person not a party to this Contract. This indemnification provision will survive the termination of this Contract.
24. [INTENTIONALLY OMITTED]
25. INSURANCE COVERAGE
Prior to commencement of any work under this Contract, SacRT must provide and maintain in effect during the term of this Contract evidence of insurance coverage as set forth in Exhibit E attached hereto and incorporated herein by reference. These requirements may be satisfied, in part, by SacRT’s self-insurance.
Furthermore, SacRT must certify its compliance with Labor Code Section 3700 in the form attached hereto and incorporated by reference, as Exhibit F.
26. EVIDENCE OF INSURANCE COMPLIANCE
SacRT or its insurance broker must provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent) or by a certificate of self-insurance, to the extent SacRT is satisfying its obligations through self-insurance, evidencing all required coverage to City. City may designate an insurance certificate processor (“Processor”) to accept and process SacRT’s proof of insurance. SacRT must deliver copies of the actual insurance policies, renewals, or replacements directly to City or Processor upon their request.
27. CORPORATION YARD LEASE
SacRT must execute a license agreement for the facilities located at 10250 Iron Rock Way, Elk Grove, California, in form attached hereto as Exhibit H (“License Agreement”). The term of the License Agreement is concurrent with the term of this Contract, as may be amended and/or terminated in the manner set forth herein.
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28. EMPLOYMENT PRACTICES
SacRT, by execution of this Contract, certifies that it does not discriminate against any person upon the basis of race, color, creed, national origin, age, sex, disability, marital status and any other State or Federally protected class in its employment practices.
29. UNAUTHORIZED ALIENS
SacRT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101, et seq.), as amended; and in connection therewith, will not employ unauthorized aliens as defined therein. If SacRT employs such unauthorized aliens for the performance of work and/or services covered by this Contract, and if the Federal government imposes sanctions against the City for such use of unauthorized aliens, SacRT hereby agrees to, and must, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the City in connection therewith.
30. LICENSES, PERMITS, AND OTHER APPROVALS
SacRT represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature legally required for SacRT to practice its profession and perform the work described herein. SacRT represents and warrants to City that SacRT will, at its sole cost and expense, obtain and/or keep in effect at all times during the term of this Contract any licenses, permits, and approvals which are legally required for SacRT to practice its profession at the time the services are performed.
31. RECORDS AND INSPECTION
SacRT must maintain records, books, documents and other evidence directly pertinent to the performance of work under this Contract in accordance with generally accepted accounting principles and practices. City will have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
SacRT and SacRT’s agents and subcontractors working under this Contract are subject to audit. SacRT and SacRT’s agents and subcontractors will permit the City, or its authorized representatives to inspect, examine, make excerpts from, transcribe, and copy their respective books, work, documents, papers, materials, payrolls records, accounts, and any and all data related to the Contract at any reasonable time, and to audit and verify statements, invoices or bills submitted by SacRT pursuant to this Contract. SacRT must provide such assistance as may be required in the course of such audit. SacRT will retain these records and make them available for inspection hereunder for a period of six (6) years after expiration or termination of the Contract.
If, as a result of the audit, it is determined by the City, City’s auditor and/or any duly authorized representative that SacRT received compensation in excess of, or contrary to, the terms of this Contract, then SacRT must reimburse the City for those costs within sixty (60) days of written notification by the City. 16
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Further, SacRT agrees to comply with the Access to Records provisions set forth in California State, Federal and local laws.
32. SECURITY ACCESS POLICY.
SacRT, its employers, agents, and anyone working on their behalf, must at all times strictly comply with City’s Security Access Policy, a copy of which is attached hereto and incorporated herein by reference as Exhibit G. SacRT’s failure to comply with this Security Access Policy shall constitute a material breach of this Contract.
33. MISCELLANEOUS PROVISIONS
A. Attorneys’ Fees and Remedies: If an action or proceeding is instituted by either party for the breach or enforcement of any provision of this Contract, the prevailing party is entitled to reasonable attorneys’ fees and all litigation expenses, including, but not limited to expert’s fees and disbursements. The rights and remedies of the Parties provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
B. Venue: This Contract is deemed to be made in, and the rights and liabilities of the Parties, and the interpretation and construction of the Contract governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Contract must be filed in and adjudicated by a court of competent jurisdiction in the County of Sacramento, State of California.
C. Enforceability: If any term or provision of this Contract is found to be void, voidable, invalid or unenforceable by a court of competent jurisdiction under the laws of the State of California, any and all of the remaining terms and provisions of this Contract shall remain binding.
D. Time: All times stated herein or in any other Contract Documents are of the essence.
E. Binding: This Contract will bind and inure to the heirs, devisees, assignees and successors in interest of SacRT and to the successors in interest of City in the same manner as if such parties had been expressly named herein.
F. Survivorship: Any responsibility of SacRT for warranties, insurance, indemnity, record- keeping or compliance with laws with respect to this Contract will not be invalidated due to the expiration, termination or cancellation of this Contract.
G. Construction and Interpretation: SacRT and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract will not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. 17
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H. Waiver: The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract will not be deemed a wavier with respect to any subsequent default or other matter.
I. Severability: The invalidity, illegality or unenforceability, of any provision of this Contract will not render the other provisions invalid, illegal or unenforceable.
J. No Third-Party Beneficiary: It is expressly understood and agreed that the enforcement of these terms and conditions is reserved to the City and SacRT. Nothing contained in this Contract gives or allows any claim or right of action whatsoever by any third party. It is the express intent of the City and the SacRT that any such person or entity, other than the City or SacRT, receiving benefits or services under this Contract will be deemed as incidental beneficiary.
K. Non-Discrimination/Non-Preferential Treatment Statement: In performing this Contract, the parties must not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, State, and Federal laws relating to nondiscrimination. SacRT must carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. DOT-assisted contracts. Further, SacRT agrees to comply with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. SacRT must obtain the same assurances from its joint venture partners and subconsultants by including this assurance in all subcontracts entered into under this Contract. Failure by SacRT 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 City deems appropriate.
L. Equal Employment Opportunity (EEO): In connection with the performance of this Contract, SacRT must not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, gender, sexual orientation, age (over 40), marital status, pregnancy, medical condition, or disability as specified in Federal, State, and local laws. SacRT must take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, disability, or national origin. Such actions must include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SacRT further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
M. Authority to Execute: The person or persons executing this Contract on behalf of SacRT warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind SacRT to the performance of its obligations hereunder.
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N. Dispute Resolution:
1. If any dispute or disagreement between SacRT and City (individually the “Party,” and collectively the “Parties”) as to any provision of the Contract (or the performance of obligations hereunder), the matter, upon written request of either Party, will immediately be referred to representatives of the Parties for decision, each Party being represented by one individual who has no direct operational responsibility for the matters contemplated by this Contract and who is authorized to settle the dispute subject to approval of the SacRT Board of Directors or Elk Grove City Council, if required (the “Representatives”); the Representatives will promptly meet in a good faith effort to resolve the dispute (subject to the SacRT Board of Directors’ or Council approval, if required).
2. If a dispute arises among the Parties in connection with this Contract or any document or instrument delivered in connection herewith, including without limitation an alleged breach of any representation, warranty, or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof (the “Dispute”), the Parties will use the following procedure in good faith prior to any party pursuing other available judicial or non-judicial remedies: a. A meeting must be held among the Parties within 14 calendar days after a party gives written notice of the Dispute to the other party (the “Dispute Notice”) attended by the Representatives to attempt in good faith to negotiate a resolution of the Dispute. b. If the Dispute is not resolved during the meeting held pursuant to subsection a) of this Section, the parties may, but are not required to, agree to an alternative dispute resolution process, which may include, without limitation, mediation and/or arbitration.
3. This Section pertaining to Dispute Resolution will not apply to City’s assessment of liquidated damages; disputes pertaining to liquidated damages will be processed pursuant to Section 33.Q of this Contract.
O. Force Majeure: Neither party will be in default by reason of any failure in the performance of this Contract if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected must resume performance as soon as practicable after the force majeure event terminates.
P. City Warranties: Upon execution of this Contract and prior to the start of services on July 1, 2019, SacRT and City will jointly inspect all facilities, goods and services, vehicles, and equipment to be supplied by City under this Contract (“First Inspection”). Following inspection, the parties will
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complete an inspection form, signed by both parties, identifying any defects pertaining to these items. All material defects on the inspection form must be remedied by City. For purposes of this provision a “material” defect is one that is not merely aesthetic, but compromises SacRT’s ability to perform the Services in accordance with this Contract. Defects that are identified as “non-material” need not be remedied, but will be defined as part of the baseline condition of the facilities, goods and services, vehicles and equipment for purposes of determining whether equipment is returned in the “same condition” at the expiration or termination of this Contract. City will, to the extent practical and feasible, repair or address any material defect prior to July 1, 2019. Within 10 business days of the time SacRT commences services on July 1, 2019, SacRT and City will conduct a follow-up inspection to determine: (1) what defects have been remedied; (2) if there are still previously-identified material defects that remain to be remedied; and (3) if, between the time of the inspection and the time of the Second Inspection, new defects have developed or become apparent (“Second Inspection”). If any outstanding material defects that were identified during either the First Inspection or Second Inspection prevent SacRT from performing the services in full compliance with this Contract, SacRT will not be obligated to perform those aspects of the service until such defects are remedied by City at its sole cost and expense to the extent the performance failure was a direct result of a material defect identified during the First Inspection or the Second Inspection. All material defects identified during the First Inspection or the Second Inspection must be remedied by City as time permits before SacRT will finally accept the facilities, goods and services, vehicles, and equipment. The parties may agree in writing that SacRT will remedy the defect for a specified price. Following acceptance by SacRT of the facilities, goods and services, vehicles and equipment after the inspection and repair process set out above, except as otherwise stated herein and in the License Agreement, the City will make no further warranty on the facilities, goods and services, vehicles, and equipment to be supplied by City under this Contract and those items will be the responsibility for SacRT to maintain pursuant to the provisions of this Contract. Notwithstanding the foregoing, through the full term of this Contract, City will maintain software programs in place as of the Effective Date of this Contract, or that are later installed and maintained by City, including, without limitation, software for City’s Data Management System (DMS), automated passenger counting equipment (APCs), automated passenger stop announcement equipment, video surveillance equipment, and GFI equipment, as well as the phone system. SacRT will be responsible for maintaining the equipment necessary for the operation of the software.
Q. Liquidated Damages: This Contract contains a number of provisions throughout relating to the assessment of liquidated damages. SacRT and City agree that the performance measures subject to liquidated damages are material obligations under this Contract and the intent of the assigned liquidated damage is to compensate City for performance deficiencies. Due to the nature of the services to be rendered, SacRT and City agree that it is extremely difficult to ascertain actual damages that may result from failure on the part of SacRT to perform any of its contractual obligations. As a result, City and SacRT have negotiated certain liquidated damages to address specific actions, and/or inactions, and/or failures to perform on the part of SacRT; the negotiated liquidated damages set forth herein represent the Parties’ agreement that the liquidated damages stated herein are reasonable and represent the best efforts of both parties to relate the liquated damages to the actual damages City will incur and are the sole damages City may seek with respect to such performance failures. Liquidated damages will apply only to those performance failures expressly stated in this
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Contract, to the extent provided for herein, and shall not impair the City’s ability to pursue an action to recover damages for any other breach or damage as allowed by Contract and under the law, including without limitation, damages incurred by City for a tort claim and actual damages to any equipment or facility as a result of a performance failure. The purpose of these liquidated damages is to compensate the City for the damage to the City resulting from loss of the public’s goodwill and confidence in the City’s transit system, loss of revenue from ridership decrease, loss of City’s expectation value and benefit of its bargain, and/or need for additional City resources and staff time to address performance deficiency, and the stated liquidated damage is the sole damage with respect to these categories of damages (e.g., damages for loss of good will), and expressly do not cover damages beyond those stated herein (e.g., do not include cost to replace or repair a bus damaged by SacRT). The City reserves its right to pursue damages arising from matters not expressly addressed herein. Further, the liquidated damages provided for herein shall not serve to release SacRT from its other obligations under this Contract, including, without limitation, SacRT’s obligation to defend and indemnify the City from any and all liability resulting in the acts or omissions stated herein.
Prior to any proposed assessment of liquidated damages, City must notify SacRT by e-mail of the proposed liquidated damage assessment and the reasons for the assessment. Thereafter, if requested by either party within 7 calendar days of receiving City’s notice, the parties will promptly (but no later than 14 calendar days after receiving City’s assessment notice) meet to review each incident or occurrence for which liquidated damages are proposed, including review of all of the evidence in support of the proposed assessment, or, alternatively, the parties may provide their position in writing to the other party. Once the response is received and/or meeting concluded, a determination on chargeability shall be made by the City’s Transit System Manager. If SacRT disputes the decision of the City’s Transit System Manager for reasonable cause, within 10 calendar days of receiving the City’s Transit System Manager’s final determination, SacRT may submit a request that the assessment be reviewed by the City Manager. The City Manager, or the City Manager’s designee (designee must not be the City’s Transit System Manager or his/her subordinate), will review the assessment together with supporting documentation and any responses submitted by SacRT, and determine whether the proposed assessment is to be sustained or modified. The decision of the City Manager, or the City Manager’s designee, will be final, subject to applicable legal remedies available to SacRT, including but not limited to a breach of contract claim. If, upon conclusion of the dispute resolution process set forth in this subsection, the assessed liquidated damage is sustained or modified (to a lesser amount), City may, in its next payment, deduct the funds owed for the assessed liquidated damage.
If SacRT does not respond to a proposed liquidated damages assessment within 7 calendar days of receiving the City’s notice of assessment, the liquidated damage assessment will automatically be charged to SacRT on its subsequent monthly bill. City may then offset the amount owed to SacRT by the amount SacRT owes to City for the liquidated damage.
If the amount of the liquidated damage owed to City exceeds the amount due to SacRT, then SacRT must immediately remit payment to City; if no payment is remitted, City may continue to deduct the amount from future payments to SacRT until the liquidated damage is paid in full. The City’s 21
29 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
Transit System Manager may rely on information supplied by SacRT, by the public, by City staff, or by any other means available in determining assessment of liquidated damages.
R. Substance Abuse Program: SacRT must comply with all US Department of Transportation (“DOT”) and Federal Transit Administration (“FTA”) regulations as they pertain to this Contract, including without limitation 49 CFR Parts 40 and 655, governing mandatory drug and alcohol testing and education for “safety-sensitive” employees. For purposes of this section, “safety-sensitive” means any employee operating City’s owned equipment SacRT is subject to these regulations and must have a Substance Abuse Policy, a drug and alcohol testing program and provide training for its safety- sensitive employees. SacRT must comply fully with all DOT and FTA regulations prohibiting drug use and alcohol misuse by all drivers and vehicle maintenance personnel or employees of SacRT’s subcontractors performing safety-sensitive functions. SacRT’s policy, testing program and training must comply with these regulations: 49 CFR Part 655, (“Prevention of Prohibited Drug Use in Transit Operations and Prevention of Alcohol Misuse in Transit Operations”) and 49 CFR Part 40, ("Procedures for Transportation Workplace Drug and Alcohol Testing Procedures”).
SacRT must cause its prospective safety-sensitive employees who may be assigned to perform safety-sensitive duties to undergo pre-employment drug testing and make drug test result inquiries of prior DOT-regulated employers. Safety sensitive employees must also be subject to post-accident testing, reasonable suspicion testing, and random testing, and other tests as required by 49 CFR Part 655.
SacRT must notify the City’s Transit System Manager immediately of any violation of the regulations or failure to test. Any employee of SacRT found to have violated the drug and alcohol regulations is subject to removal from duties under this Contract.
SacRT must fully cooperate with the City in such monitoring efforts, provide any requested documents or information, and comply with any corrective action that the City requires of SacRT. SacRT further agrees to annually certify its compliance with Part 655 by December 1st and to submit to the City its Management Information Systems (“MIS”) reports before March 1st (for the prior calendar year).
S. For purposes of this Contract, “must,” “will,” and “shall” are mandatory, and “may” is permissive.
34. ENTIRE AGREEMENT
This instrument and any attachments, or exhibits, hereto constitute the entire Contract between City and SacRT concerning the subject matter hereof and supersedes any and all prior proposals, and oral and written communications between the Parties regarding the subject matter hereof.
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30 31 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
FORM A LOBBYING CERTIFICATION A: LOBBYING CETIFICION SacRT certifies, to the best its knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Federal department or agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification thereof.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction, as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.A. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SACRAMENTO REGIONAL TRANSIT DISTRICT, A PUBLIC CORPORATION, CERTIFIES AND AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE, IF ANY. IN ADDITION, SACRT UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 U.S.C.A 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF ANY.
______Signature of Sacramento Regional Transit District, a public corporation, Authorized Official
______Name and Title of Authorized Official
______Date
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FORM B NON-COLLUSION AFFIDAVIT RM: NON-COLLUSION AFFIDAVIT
This affidavit is to be filled out and executed by SacRT’s authorized official. The name of the individual swearing to the affidavit should appear on the line marked “Name of Affiant.” The affiant’s capacity, e.g., officer of a corporation, should be inserted on the line marked “Capacity.” The representative of SacRT should sign his or her individual name at the end, not a partnership or corporation name, and swear to this affidavit before a notary public, who must attach his or her seal.
State of ______, County of ______
I, ______, being first duly sworn, do hereby state that (Name of Affiant)
I am ______of ______(Capacity) (Name of Firm, Partnership or Corporation)
whose business is ______
and who resides at ______
and that ______(Give names of all persons, firms, or corporations interested in the bid)
This Contract is made without any connection or interest in the profits thereof with any persons connected with said work; that the said Contract is on my part, in all respects, fair and without collusion or fraud, and also that no members of the Board of Directors, head of any department or bureau, or employee therein, or any employee of the Authority, is directly or indirectly interested therein for purposes of a conflict of interest or act of collusion.
______Signature of Affiant Date
Sworn to before me this ______day of ______, 20_____.
______Notary public My commission expires Seal
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FORM C DEBARMENT AND SUSPENSION CERTIFICATION FORM: DEBARMENT AND SUSPENSION CERTIFICATION
SacRT certifies, by execution of this Contract, that neither it nor its officials are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
If the prospective participant (SacRT) is unable to certify to the statement above, it will attach an explanation, and indicate that it has done so, by placing an “X” in the following space ______.
SACRAMENTO REGIONAL TRANSIT DISTRICT, A PUBLIC CORPORATION, CERTIFIES AND AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN ADDITION, SACRT UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 U.S.C. §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND EXPLANATION, IF ANY.
______Signature of SacRT‘s Authorized Official
______Name and Title of SacRT’s Authorized Official
______Date
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34 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
FORM D LABOR CODE SECTION 1072 DECLARATION FORM: LABOR CODE SECTION 1072 DECLARATION
SACRAMENTO REGIONAL TRANSIT DISTRICT, A PUBLIC CORPORATION, HEREBY DECLARES THAT IT WILL RETAIN THE EMPLOYEES WORKING UNDER THE CITY’S PRIOR CONTRACT FOR A PERIOD OF NOT LESS THAN 90 DAYS AFTER RECEIVING A NOTICE TO PROCEED PURSUANT TO THE TERMS OF THE CONTRACT IN ACCORDANCE WITH CALIFORNIA LABOR CODE SECTION 1072.
______Signature of the SacRT’s Authorized Official
______Name and Title of the SacRT’s Authorized Official
______Date
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EXHIBIT A SCOPE OF WORK
1 TRANSITION PLAN
1.1 START OF CONTRACT SacRT will have ninety (90) days from the Effective Date to transition into this Contract, as described in the “Transition Plan,” Appendix A to the Operations Plan, Exhibit I, which is attached hereto and incorporated herein by reference, except that SacRT must be ready to take over transit services on July 1, 2019, immediately following expiration of the City’s transit contract with MV Transportation, Inc. SacRT must be prepared to execute the transition in a manner that results in a minimum disruption to transit service and operations. This includes procurement of capital components and staffing all positions detailed in this Contract. During this transition period and prior to commencement of transit services, SacRT will conduct an inspection of all equipment, vehicles, resources and facilities to be furnished by City under this Contract and notify City of any identified material deficiencies in the equipment, resources and facilities that would prevent SacRT’s ability to perform the provisions established under this Contract. City must promptly remedy, to the extent that is practical and feasible, any material deficiencies identified by SacRT that would impact service delivery on July 1, 2019. SacRT will not be held responsible for any failure to be compliant with the Transition Plan to the extent such failures arise from a failure by City to remedy identified deficiencies and comply with its warranty obligations under Article 33.P.
In the event SacRT fails to become compliant with all material elements of this Transition Plan that are integral to service delivery and are the responsibility of SacRT to deliver, the City may, at is option, assess a liquidated damage of five percent (5%) of the Monthly Administrative Costs for all services under this Contract including Fixed Route (Local, Commuter, and Maintenance) and Paratransit as detailed in Exhibit D. In the event that SacRT is unable to comply with this Transition Plan due to an excusable factor, as mutually agreed upon by the City and SacRT, this liquidated damage may not be assessed by the City; in the event the parties cannot mutually agree to excuse the performance requirement, the liquated damage will be assessed by the City. City and SacRT agree that this a reasonable assessment of the damage City will incur for SacRT’s failure to fully transition its services to this Contract and complete the Transition Plan, and City and SacRT further agree that this liquidated damage is only meant to compensate the City for the additional administrative burden imposed on City due to SacRT’s failure of performance, and for City’s lost benefit under the Contract, and this liquidated damage shall not serve to compensate the City for any personal injury, property damage or any other damage caused by SacRT’s failure to timely and adequately perform.
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1.2 TERMINATION/EXPIRATION OF CONTRACT SacRT must, to the extent such information is not already in City’s position as a result of the standard contract reporting requirements, comply with the following list of requirements at least sixty days prior to termination or expiration of this Contract:
1. SacRT must submit the following including, but not limited to, all daily/monthly/quarterly reports, driver manifests, Paratransit client information, dispatch logs, and maintenance records; 2. All reported information and data required under Section 4 (Maintenance Requirements) of this exhibit; and 3. SacRT must submit all maintenance and operations reports and documentation to City, including, but not limited to, daily/monthly/quarterly reports, and information necessary for reporting purposes to local, State, and Federal agencies. 4. Revenue service vehicles issued to SacRT by City, and returned to City by SacRT at the end of the Contract’s term must be jointly inspected by SacRT and City, for, without limitation, mechanical condition, exterior/interior appearance, damage, and proper operation of all systems. Prior to return of any vehicle(s) to City, SacRT will make any necessary repair(s) to bring the vehicle to an acceptable condition for revenue service operations, contingency fleet status, or for resale/auction. Repairs may be required for revenue service vehicles that still have service life on major engine components, vehicle systems, and vehicle exterior/interior features, including vehicle body, paint and decals, with the exception of ordinary wear and tear. Revenue service vehicles that are intended for resale or auction may require some degree of repair by SacRT as deemed necessary by City.
In the event SacRT fails to materially comply with all elements of this Termination/Expiration provision, City may, at its option, assess a liquidated damage of five percent (5%) of the Monthly Administrative Costs for all services under this Contract including fixed route (Local and Commuter), Paratransit/Dial- a-Ride, and maintenance services as detailed in Exhibit D – Compensation and Method of Payment. City and SacRT agree that this a reasonable assessment of the damage City will incur for SacRT’s failure to fully transition its services of this Contract and complete the Termination/Expiration of Contract, and City and SacRT further agree that this liquidated damage is only meant to compensate the City for the additional administrative burden imposed on City due to SacRT’s failure of performance, and for City’s lost benefit under the Contract, and this liquidated damage shall not serve to compensate the City for any personal injury, property damage or any other damage caused by SacRT’s failure to timely and adequately perform.
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2 OPERATION FUNCTIONS SacRT must provide Transit Operations Management at a level and capability necessary to successfully oversee its functions and employees in accordance with this Contract. The services to be provided under this Contract are for fixed route service (both local and commuter) and ADA Paratransit/Dial-A-Ride transit services, and vehicle maintenance operations.
SacRT will be responsible for safe and reliable transit service including supervision of daily activities of all drivers, dispatchers, maintenance, mechanics and other personnel necessary to support system operations. SacRT will develop, implement, and maintain formal procedures to be used for system monitoring and road supervisory functions. These procedures are generally described in the Operations Plan, contained in Exhibit I, but SacRT shall complete all acts necessary to perform the work described herein, whether or not those acts are expressly stated in this Contract.
2.1 SERVICE RELIABILITY SacRT must provide timely and reliable transit services, which includes maintaining trip completion levels and on-time performance operating levels within the specified arrival and departure times. On-time performance (OTP) will be closely monitored by City and must be computed on a monthly basis by SacRT. City shall not be obligated to pay SacRT for any trip not run in accordance with the published timetable. This includes trips that are started more than 30 minutes after the scheduled departure time from first stop. City’s Transit Manager may, in his/her sole discretion, determine if there are certain circumstances that warrant the trip to be run and paid for. After a period of 90 days following the July 1, 2019 start of services (i.e., after September 29, 2019), liquidated damages may be assessed by the City for trips missed or those that are more than 30 minutes late and other areas of non-performance in accordance with the provisions included in this Contract. For purposes of this Contract, a trip is defined as the City’s transit service vehicle arriving or departing from a defined transit stop, or location, at a time defined by the City. A fixed-route trip will be considered late if it arrives more than 5 minutes past its scheduled arrival time to its scheduled first stop, and missed if it arrives 30 minutes or more after its scheduled arrival time at its scheduled first stop. An ADA Paratransit/Dial-A-Ride trip will be considered late if it arrives after the 15-minute period of time following the scheduled pick-up appointment time, and missed if it arrives 30 minutes or more after the 15-minute period of time following the scheduled pick-up appointment time. Any additional service must be pre-approved by the City’s Transit System Manager in writing prior to services being rendered.
City will provide and maintain a system for issuing electronic rider alerts. SacRT will issue alerts using City’s electronic rider alert system for all trips running 10 or more minutes late, as well as for all missed trips. Said alerts shall be issued by SacRT in a timely manner, immediately upon determination that the trip will be late or missed, provided that the rider alert system is functioning properly.
2.2 FARE COLLECTION SacRT must collect fares from all persons using transit services in accordance with the fare structure 30
38 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
established by City. City reserves the right to amend the fare structure at any time. Any changes to the fare structure will be communicated to SacRT in writing at least 30 days in advance of their taking effect. SacRT must not deny access to any person paying a valid fare without specific permission by the City. SacRT must honor valid City employee and dependent passes. SacRT must not issue free passes or any other passes without prior approval of City. City is solely responsible for printing, supplying and vending all pre-paid fare media and providing documentation to SacRT of all valid prepaid fare media forms and types.
All fares collected by SacRT must be collected in fareboxes provided or approved by City. SacRT will be responsible for daily probing (electronically downloading the data) of each farebox used in service, as well as depositing the contents of each cash box into the revenue collection receiver. SacRT is responsible for the counting and processing of revenues on behalf of City during the course of the Contract term unless otherwise notified by City. The deposit will be checked by SacRT management staff to ensure accuracy. The location for counting and processing the fares must be in a secure environment. SacRT must ensure the appropriate security systems and procedures are in place to safeguard the fares and fare collection process. Security systems must include video monitoring and taping of probing (equipment and supporting IT infrastructure to be provided by City), the transfer of the farebox cash vault to the receiver, the counting of money, as well as all other areas that may pose an opportunity for theft. City will have the right to accept, reject, or require changes to the security systems or procedures outlined by SacRT. SacRT will have reasonable time to make the adjustments specified by the City, which time must not exceed 10 days from the date SacRT is noticed of City’s recommendations. City will pick-up the deposits at agreed upon time/location, 3 days per week (Monday, Wednesday, and Friday). Monday’s deposit will include Friday, Saturday, and Sunday collection. Wednesday’s deposit will include Monday and Tuesday collection and Friday’s deposit will include Wednesday and Thursday collection. Additionally, copies of all financial transactions completed by SacRT will be forwarded to City bi-weekly in a format to be determined by City.
City reserves the right to observe, count, or perform audit tests that the City considers appropriate to determine the security and reporting accuracy of the fare collection procedure.
During the term of the Contract, the parties may agree in writing to an alternate process for counting, processing and depositing of revenues that preserves accountability while achieving efficiencies in the process.
2.3 EMPLOYEE PERFORMANCE SacRT is solely responsible for performance of its employees and must take appropriate action to ensure employees perform in a professional manner in accordance with this Contract. SacRT must regularly perform ride checks and view video to monitor driver performance, and take corrective action and provide additional training as necessary to correct any performance deficiencies.
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2.4 SECURITY ACCESS POLICY The work to be completed under this Contract requires access to City facilities and the public and therefore is subject to the City’s Security Access Policy, Exhibit G, which is attached hereto and incorporated herein by reference.
2.5 OPERATIONS MANAGEMENT REQUIREMENTS SacRT must provide operations management at a level and capability as necessary to successfully oversee its functions and employees. SacRT will implement the staffing plan described in the Operations Plan, which is contained in Exhibit I, including the following positions: Director of Transportation, Operations Superintendent, Operations Training Specialist, Maintenance Supervisor, Data Analyst, Road Supervisors, and Dispatch Supervisors.
2.6 CUSTOMER SERVICE AND RESERVATIONS SacRT must staff customer service and reservation telephone lines from 5:30 a.m. to 10:30 p.m. every weekday, from 10 a.m. to 6 p.m. on Saturdays and Sundays. The City will provide SacRT with an established voicemail system that records any reservation requests outside of these business hours (and on specified holidays). SacRT staff must timely monitor recorded reservations and make reservations as requested. Trip reservations must be accepted by SacRT up to two days in advance, or as the City’s e-van policies require. The transit customer service and reservation telephone lines are programmed to record incoming calls, and also have the ability to record outgoing calls. State law prohibits recording individuals without their knowledge. SacRT must inform all staff that all calls may be recorded and obtain their written acknowledgment in a form satisfactory to the City. SacRT must also train all staff that the recorded telephone lines may only be used for transit operation purposes and that they must fully advise the other party(ies) on the line that the call may be recorded for customer service, training, quality assurance, and other operational purposes.
2.7 DRIVER REQUIREMENTS AND QUALIFICATIONS SacRT will be entirely responsible for the employment and supervision of drivers necessary to perform system operations functions. Such responsibilities include, without limitation:
A. Operator recruitment B. Drug and alcohol testing C. Background/security clearance checks D. Screening E. Selection F. Training G. Supervision
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H. Proper licensing I. Customer service J. Discipline K. Retraining L. Termination
As a part of driver recruitment, minimum qualifications of all drivers are as follows:
A. Be at least 21 years of age B. Have or able to train for a Class B/Endorsement P California Driver’s License (CDL) (except that all required license(s) must be obtained prior to operating a vehicle) C. Demonstrated problem solving skills D. Ability to work a varied schedule, including weekends E. Have a minimum of three (3) years licensed driving experience F. Have no (0) moving violations or accidents within the immediately preceding three-year period G. Have no convictions for misdemeanor or felony driving under the influence (DUI) or no failures to appear H. Have never been convicted of a violent crime, or a crime of moral turpitude I. Be a United States citizen or permanent resident with current United States Permanent Resident Card (USCIS Form I-551) J. Be able to speak, read, and write English sufficiently to, at a minimum, converse with the general public, understand highway traffic signs and signals, understand street signs and maps, understand routes, schedules and detour notices, respond to dispatch, and fill out incident and accident reports, run sheets, and complete any other documents or report requested K. Ability to exhibit a positive public image and work well with the public L. Hold, and at all times maintain, the proper valid licenses and certifications required by the Department of Motor Vehicles (DMV), California Highway Patrol (CHP), state and federal regulating agencies to operate a transit vehicle in revenue or non-revenue service. Licenses and certifications shall include, but not be limited to the following: a valid Class B-P (endorsed for air brakes and passenger transport) driver’s license issued by the State of California, a DMV Medical Examiner’s Certificate, and Verified Transit Training (VTT). SacRT shall review the California Division of Motor Vehicle Record (DMV Record) of each prospective operator for compliance with all City requirements.
Nothing herein prevents SacRT from being more restrictive than the minimum qualifications set forth herein.
2.7.1 DRUG AND ALCOHOL PROGRAM SacRT must comply with all applicable federal and state laws and requirements including, but not limited to, the FTA Drug and Alcohol Testing Programs. SacRT will implement the Drug and Alcohol Program described in Appendix B of the Operations Plan, which is contained in Exhibit I.
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2.7.2 DRIVER APPEARANCE Uniforms for Operators and certain other personnel under this Contract must conform to the uniform specifications provided in Appendix D of the Operations Plan, which is contained in Exhibit I.
2.7.3 SAFETY AND TRAINING SacRT must train its personnel as identified in the Operations Plan, which is contained in Exhibit I. All training must be administered by qualified trainers.
2.7.4 INITIAL DRIVER TRAINING SacRT must provide initial driver training as identified in the Operations Plan, which is contained in Exhibit I.
2.7.5 REFRESHER DRIVER TRAINING SacRT must provide refresher driver training as identified in the Operations Plan, which is contained in Exhibit I.
2.7.6 SPECIAL RETRAINING SacRT must provide special retraining as identified in the Operations Plan, which is contained in Exhibit I, for drivers who have been involved in a preventable accident, who fail to follow proper procedures, who have become lost on route, or who fail to use onboard equipment correctly.
2.8 STAFFING PLAN SacRT must implement the staffing plan identified in the Operations Plan, which is contained in Exhibit I. The staffing plan supports SacRT’s cost proposal contained in Exhibit D, and provides the resources necessary for SacRT to administer and implement the City’s fixed route transit, ADA paratransit/dial-a- ride, and supporting maintenance services. The City, at its sole discretion, may request modifications to the staffing plan, in a manner pursuant to Section 10 of this Contract, in order to improve or address matters pertaining to SacRT’s implementation of the Contract’s Scope of Work.
2.9 DESCRIPTION OF FIXED ROUTE SERVICES City generally operates a timed-transfer system of local weekday and weekend routes, and various commuter routes on headways that typically vary between 30 to 90 minutes throughout the day. At times, some routes operate on 15-minute headways during peak hours. The City operates a majority of local and commuter transit service on Monday through Friday and provides limited service on weekends. The commuter route system provides express bus service between Elk Grove, Sacramento, and Rancho Cordova. (Please see the current bus schedules on the website (www.e-tran.org) for more information on City services and schedules.) SacRT must maintain services consistent with these services, unless otherwise approved by City in writing.
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2.10 ROUTES SacRT will operate all routes and services that the City identifies as available to the public. A description of these services is provided in the Operations Plan contained in Exhibit I. The City also provides schedules for the local, commuter, and reverse commute routes on the City’s public webpage, which may be modified at the City’s sole discretion.
2.11 SPECIAL EVENT SERVICES Occasionally, the City will require SacRT to provide special event service or other promotional transportation services within the City of Elk Grove. SacRT will provide service for City’s annual July 4th Salute to the Red, White and Blue Event, which will be further defined each year through a negotiated Task Order setting the rate, routes and service hours. All other special event service requests must be made in writing to SacRT in the form of a Task Order. In such cases these services will use City vehicles. Special event services will be open to the general public and comply with applicable Federal and State statutes. SacRT will be responsible for collecting ridership and other statistical information as requested by the City for any special event services.
2.12 SERVICE REQUIREMENTS SacRT will be responsible for ensuring that connections to neighboring services are met; provided that SacRT does not guarantee or warrant and in no event will be liable if it fails to operate “neighboring” service to which City service connects. SacRT is not obligated to operate or maintain any service other than the City service specifically identified in this Contract. SacRT will be further responsible for ensuring that the revenue service it operates under this Contract is per the City’s published schedule in print and on the website. Any deviations from the City’s published schedule must be approved by the City in writing.
2.12.1 SERVICE HOURS AND DAYS Depending on the specific route, transit service is generally available between the hours of 5:30 a.m. to 10:30 p.m., Monday through Friday, 6:20 a.m. to 6:30 p.m. on Saturdays. SacRT must provide services per the approved transit service schedule.
2.12.2 ESTIMATED REVENUE SERVICE HOURS A revenue service hour is the time when a vehicle is available to the general public and there is an expectation of carrying passengers, including layover/recovery time. Deadhead time and operator breaks/lunches are not included as revenue service. Revenue service hours will begin at the time of the first scheduled stop for each route.
Estimated revenue hours for fixed route and commuter service are approximately 56,800 annually.
City will have the right to order an increase or decrease in overall quantity of scheduled revenue service hours with ninety (90) days of written notice to SacRT. For any increase or decrease in overall 35
43 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
annual scheduled revenue service hours up to 10%, the deduction or increase to SacRT’s compensation will be based on the fixed hourly rate specified in Exhibit D. If overall annual scheduled revenue service hours are increased or decreased by more than 10%, City or SacRT may request an adjustment in the hourly rate to reflect the changes to its actual costs to accommodate such an increase or decrease. For increases in annual scheduled revenue service hours of more than 10%, SacRT will not be obligated to perform such services unless and until the parties reach agreement on method of payment and execute an amendment to this Contract to incorporate the amended agreement, as necessary. For any decrease in overall annual scheduled revenue service hours of more than 10%, City may deduct the fixed hourly rate specified in Exhibit D from SacRT’s compensation unless and until an amended agreement is executed by SacRT and City.
2.13 DISPATCH LOG Dispatch Supervisors will be required to keep a daily dispatch log, which includes, but not be limited to: A. Bus/vehicle assignment B. Driver assignment C. Pull-out and Pull-in D. Late and missed trips E. Road calls F. All other incidents or dispatch calls that vary from normal or expected system operation. Incidents and Accidents must be logged and immediately input into the City’s Data Management System (DMS ) as designated by the City
2.14 COMMUNICATIONS & SCHEDULING PERSONEL Dispatch Supervisors must be able to communicate service-related information effectively in English. Bi-lingual English/Spanish dispatch personnel must be available during all hours of operation under this Contract.
Dispatch Supervisor will communicate to the drivers via radio. Dispatch Supervisors will respond to requests to talk in the order received, unless a priority request is communicated. In that case, the priority request must take precedence over the other requests. In addition, drivers must inform dispatch whenever a passenger fails to pay their appropriate fare for the trip, all such occurrences shall be noted in the dispatch log.
SacRT must ensure that all dispatch personnel are trained to proficiency in basic customer service techniques and that such personnel have a comprehensive understanding of all policies and procedures that are associated with all programs specified within this scope of work.
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2.15 CUSTOMER SERVICE REQUIREMENTS SacRT will staff telephone lines dedicated to customer service requests. All customer service lines may be recorded by the City for quality control and operational proposes. SacRT must add Customer Service personnel or require re-training if the City determines there is an unacceptable pattern or practice established of callers being placed on “hold” because insufficient personnel is available to answer telephones or handle Customer Service duties.
SacRT’s employees must treat all passengers in a courteous and respectful manner consistent with good business practices. If the City determines that a pattern of customer service relations complaints exists, SacRT must improve, enhance and supplement its customer relations training program to the City’s satisfaction and retrain or re-staff its personnel as necessary to reduce complaints.
Additionally, SacRT must adhere to the customer service standards, identified in the Operations Plan contained in Exhibit I. City retains the right to modify SacRT’s customer service standards as warranted.
During the course of providing customer service, SacRT may be responsible for mailing out eligibility applications for ADA Paratransit service as requested. Any completed applications received by SacRT must be returned to the City for processing within one business day of request.
2.15.1 LOST AND FOUND California Civil Code section 2080.1 must be followed when handling any items left on the City’s transit vehicles. SacRT will make reasonable attempts to return items to the rightful owner of the property. SacRT will make every attempt to return items that are clearly identified as belonging to an individual, agency, or entity. Clear identification includes name, address/phone number, or e-mail address. If items remain lost for a period of four weeks, then SacRT must turn in any item with a value of $100.00 or more to the City’s Police Department.
2.15.2 EMERGENCY CONTACT SacRT must provide a list of 24-hour emergency numbers and a contact(s) to be used by the City for responding to emergency situations as necessary. This list must be up-to-date at all times.
2.15.3 PASSENGER COMPLAINTS Passenger and other complaints on service operation are an adverse reflection on both SacRT and City. It is in the best interest of both parties under this Contract to minimize complaints against transportation services. City staff will be monitoring, tracking, and responding to residents with customer complaints.
All customer comments received by SacRT must be entered into the City’s Data Management System (DMS). If City receives any customer comments, City staff will enter the comments directly into the DMS. SacRT will be responsible for investigating all customer comments, regardless of whether or not
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they are entered into the DMS by SacRT or the City. All customer complaints must be investigated by SacRT with a resolution within 3 business days of receiving the complaint including documentation of investigation/resolutions to City. If the customer complaint pertains to broader service scheduling, route structuring, or operational matters, then City’s Transit System Manager and/or staff will be responsible for addressing the customer complaint, investigation, response and follow-up.
Definition of a Complaint For purposes of this Contract, a complaint is defined as any written or verbal communication provided to SacRT, which adversely reflects on the City’s transit services, or which relates any incident involving a SacRT-operated vehicle and/or driver. Complaints received by telephone, written correspondence, e-mail, fax, etc. must be entered into the City’s DMS.
Investigation and Response Every complaint, concern, suggestion, or commendation concerning personnel and service provided to or received by the City must be investigated and a response developed. Any complaints that concern bus safety issues, driver behavior, including rudeness, discourtesy, etc., that may result in disciplinary action shall be thoroughly investigated with appropriate action taken and documented in the DMS. SacRT is responsible for investigating all complaints and documenting follow-up within 3 business days of receipt. Responses shall be documented in the City’s DMS.
SacRT must investigate, counsel, and take other appropriate actions to resolve the complaint. City staff must review all actions and close customer complaints when all matters regarding the complaint have been resolved.
2.16 PUBLIC INFORMATION/PROMOTION REQUIREMENTS
2.16.1 SCHEDULES City will print and provide schedules for routes served by SacRT. Updated schedules must be provided in advance of a schedule change and will be placed by SacRT in vehicles on the appropriate routes at least two (2) days prior to the changes going into effect. SacRT will dispose of all outdated schedules. SacRT will maintain an inventory of current schedules, and call City when there is a need for additional schedules prior to depletion of their supply.
2.16.2 ON-BOARD DISTRIBUTION/COLLECTION OF INFORMATION City will periodically require that the driver distribute and/or collect information to/from passengers. In most instances, this will be service-related materials regarding detours, proposed route changes, NTD required passenger count sampling, or other passenger surveys. City must provide specific instruction with the materials to be distributed and/or collected.
City must notify SacRT of any promotion City is conducting on a route. All Free Ride/Discount Coupons associated with the promotion must be honored by SacRT. Samples of the associated promotional
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coupons will be provided by City to SacRT and SacRT must familiarize its drivers with them. The driver will have the responsibility to verify that the Free Ride/Discount Coupon presented is valid and has not expired. Instructions will be provided for the counting of riders using the Free Ride/Discount Coupons. Since drivers may be asked about City’s activities, the information and related coupons must be posted in a prominent location and/or circulated among the drivers. SacRT will be further required to remove any outdated postings of any information or promotional materials on buses and/or bus facilities, unless otherwise directed by City.
2.16.3 MEDIA CONTACT News media inquiries regarding bus service must be immediately forwarded to City for handling and replies. SacRT must not respond to media or the public’s inquiries of matters pertaining to the service provided under this Contract unless authorized by City in writing to do so. SacRT will, however, designate an individual who is authorized to speak on behalf of SacRT should such a resource or reference be needed, as determined by City.
2.16.4 MEETING ATTENDANCE Communication is a key function of a successful operation. City and SacRT will meet weekly to communicate operational issues. Additionally, City transit staff and SacRT management staff will meet monthly to review/receive update on projects and other operational concerns.
There will be times when the services operated by SacRT are the topic of discussion at public meetings (e.g., Disability Advisory Committee (DAC), City of Elk Grove Council Meetings, etc.). SacRT management staff are required to attend such meetings. Whenever possible, City must notify SacRT in advance of particular concerns that might be raised. Should comments be directed to SacRT regarding operational issues, SacRT will submit to City within seven (7) days a plan to address the issues discussed.
City and SacRT will meet quarterly to review contract compliance and develop action plans for service efficiencies, modifications, and other service improvements.
2.17 REPORTING REQUIREMENTS
2.17.1 DAILY REPORTING SacRT must report all vehicular collisions, accidents, and incidents involving any City-owned transit or Paratransit vehicle immediately to City, including, without limitation, passenger falls, into the City’s Data Management System (DMS). In addition, SacRT will immediately notify City’s Transit System Manager of the accident/incident and report passenger complaints related to safety or serious operational deficiencies immediately. SacRT must immediately investigate all accidents and determine as to whether the event was preventable or not using industry standards. Failure to report such accidents/incidents in the manner and within the time frames specified herein shall subject SacRT to assessments established in Section 2.20.1 of this exhibit. Notwithstanding the foregoing, SacRT must
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report accident and incidents to law enforcement and other government agencies as may be required by law and cooperate fully with any investigations undertaken by those agencies.
2.17.2 MONTHLY REPORTING All monthly reports are due to the City on or before the 15th calendar day of the subsequent month following the reporting period.
All data furnished by SacRT will reside in the City’s DMS. SacRT will maintain access and information in the DMS, which provides the basis for SacRT invoicing. The current DMS is a customized web-based service package, which monitors SacRT’s performance and adherence to the Contract.
SacRT will enter the required information into the City’s DMS as directed by the City.
2.17.3 NATIONAL TRANSIT DATABASE REPORTING SacRT must track National Transit Database (NTD) Revenue Service Miles and Hours, NTD Total Miles and Hours, and report totals on a monthly and yearly basis through the City’s DMS. NTD Revenue Service Miles/Hours, Deadhead Miles/Hours, and Total Miles/Hours, are defined as:
A. Revenue Service (Miles/Hours): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. These passengers directly pay fares, receive subsidized fares, or provide payment through some contractual arrangement. Vehicles traveling with or without passengers while available to carry passengers between pick-up/drop-off points are considered revenue service miles and hours.
B. Deadhead (Miles/Hours): Deadhead means miles and hours that a vehicle travels when out of revenue service. Deadhead includes: 1) Leaving or returning to the garage or yard facility, or 2) Changing routes and when there is no expectation of carrying revenue passengers.
C. Deadheading: 3) Vehicles traveling from a dispatching point to the first passenger pick-up point are considered deadheading and are not included in revenue service. Therefore, do not report this travel as NTD revenue service miles/hours. 4) Vehicles traveling back to a dispatching location are considered deadheading. Do not report this travel as NTD revenue service miles and hours. 5) If vehicle storage and maintenance locations are different from the dispatching locations, travel between any of these locations is considered deadheading.
D. NTD Revenue Service Miles/Hours: NTD revenue service miles and NTD revenue service hours include all travel and time from the point of the first passenger pick-up to the last passenger drop-off, excluding lunch-breaks if any, as long as the vehicle does not return to the dispatching point. In addition, NTD revenue service miles/hours include the distance and time to pick up the
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next passenger. This data is actual (not scheduled) and SacRT must input the data into City’s DMS as noted.
E. NTD Total Miles/Hours: the distance and time from gate departure to gate return, excluding lunch-breaks, if any. NTD Total Miles/Hours include revenue service and deadheading to and from the garage or yard facility. Vehicle Pre/Post-Trip Inspection time, training and maintenance travel and time are not included in NTD Total Miles and Hours. This data is actual (not scheduled) and SacRT must input the data into the City’s DMS as noted.
F. Additional Reports: Weekday vs. Weekend reports for both hours and miles must be provided by SacRT. These reports shall show the actual hours and actual miles for both Weekday and Weekend.
G. Sampling: SacRT will be responsible for completing all reports to the City for compliance with the NTD System, including mandatory passenger count sampling.
H. SacRT must provide a Vehicle Fleet List by service mode (provide a sample of NTD annual report).
2.17.4 OTHER REPORTS (WRITTEN OR IN PERSON) SacRT will be required to submit any reports, including, without limitation, reports relating to Disadvantaged Business Enterprise (DBE), Title VI complaints, Drug and Alcohol reports, as required by the Federal Transit Administration (FTA) and State of California, including reports related to SacRT’s subcontractor/subconsultants and work performed by them, to ensure 1) compliance with FTA requirements and continued eligibility for Federal funding, and 2) the ability to finance operations and preventive maintenance efforts with such funding. SacRT must submit to the City monthly and annual reports on the information collected in complying with the FTA Alcohol and Drug Testing regulations. Unless otherwise waived, SacRT must submit a “Monthly SacRT Staffing Report” with its monthly invoice, due by the 15th calendar day of the subsequent month following the reporting period, that reports any position vacancies, turnover rate since the start of the current fiscal year, number of regular hours performed by non-salaried staff (by position category), number of overtime hours performed by non-salaried staff (by position category), and monthly salaries and benefits paid (by position category). This report must further include the names of each employee, seniority with SacRT’s organization and seniority under the City contract with SacRT, if different, and individual status as a part-time, temporary or full-time employee. SacRT will provide additional staffing details as required by the City. SacRT must provide daily reports for the City Transit System Manager and/or their designee, reporting the following in a manner dictated by the City: 1) missed trips; 2) any supplemental service/trippers dispatched beyond the scheduled service to address on-time performance or load issues; 3) revenue miles and hours, deadhead miles and hours, and routes served by supplemental/tripper service; 4)
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road calls and reason, and; 5) bus swaps and reason. Much of this information is readily found in City’s DMS, which will be made available to SacRT. SacRT must be present and responsive at audits or Federal Triennial Reviews as requested by City for reporting on ADA policies, practices, or other operational activities performed by SacRT’s staff. SacRT must also be readily available on short notice for such events. Additionally, SacRT will provide any reports requested by City for such events for purposes of responding to or closing-out any issues or findings.
2.18 IT REQUIREMENTS
2.18.1 PHONE SYSTEM City must provide the phone system to be used for reservations and dispatch functions. The system will have the capability to record phone calls, route calls, and accept voicemail. City intends to monitor customer service lines for quality assurance and operational purposes. City will provide the network cabling for only these phones and will be in charge of the set-up of users, voicemail, and PIN numbers associated with the phone system.
2.18.2 DATA AND PHONE LINES A. SacRT must have at a minimum 10 MB MetroE data line installed to the transit area at 10250 Iron Rock Way. B. SacRT will provide its own fax lines if needed.
2.18.3 HARDWARE SacRT must provide the following equipment:
A. Server grade hardware to store data. B. Network cabling and hardware to connect hardware to the server. C. Equipment to connect SacRT’s internet connection to SacRT’s network. D. Copy machine E. Fax machine F. Monitors for Computers G. Desktop computers (City will have access to SacRT computers to install phone software if needed.) H. Phones for non-City work if needed (e.g., break room phone). I. Laptops that might be required to maintain and operate the buses, or safety training. These systems will be attached to SacRT’s network as needed.
2.18.4 SOFTWARE SacRT must provide the following software:
A. Desktop Software (e.g., Anti-virus, Microsoft Office, etc.) 42
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B. Application software for dispatch functions and on-time performance monitoring (e.g., Trapeze or approved equal, FX, Pass, fixed route on-time performance software, etc.) C. Email system
2.18.5 OTHER In addition to the above, SacRT must provide the following IT components:
A. A paratransit scheduling and dispatch system that is web-based for growing services (e.g., Trapeze or other equivalent software) B. A web-based reporting suite that interfaces with the paratransit monitoring software, on-time performance monitoring software, and the City’s mobile data terminals (MDTs) installed on the buses (e.g., Smart Alert Messenger (SAM), or other equivalent software); Trapeze, TimePoint, or MDTs C. DriveCam Video System, or equivalent hardware/software, that enables video recording to be triggered during an event in order to record that event D. A fixed route vehicle tracking system or other approved AVL system. E. A mobile public website or application for real-time schedule information that riders can utilize to track their bus/vehicle and trip
2.18.6 CITY ACCESS TO SACRT SOFTWARE SacRT must provide City designated staff (e.g., City Transit System Manager, City Transit Planners and Analysts) with 24/7 remote access to all software being used to administer the Contract and transit operations. City staff will be given access to reporting capabilities within the software to run their own reports and/or export data.
In the event of Contract termination, suspension, or expiration, SacRT will give copies to City ALL electronic records in a readable format (MS Access, MS Excel, etc.) within 5 days of Contract termination, suspension, or expiration.
2.19 OFFICE EQUIPMENT REQUIREMENTS City must provide office space and working surfaces for SacRT including desk surfaces and office file storage. SacRT will be responsible for supplying all office chairs, break room seating, and other equipment, materials, and supplies needed by SacRT (in excess of City provided work spaces). This includes break areas for SacRT’s employees. Any modifications to provided workspace will be at the expense of SacRT.
2.20 LIQUIDATED DAMAGES
2.20.1 LIQUIDATED DAMAGES The City and SacRT have agreed that the liquidated damages contained in Section 2.20.1 of this Contract will only be applied, if at all (as determined by the City), after a period of ninety (90) days 43
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following the July 1, 2019 start of services (i.e., after September 29, 2019). This 90 day grace period will provide SacRT with the opportunity to implement the performance standards set forth in this Contract, and receive feedback from the City to adjust its performance prior to the City’s assessment of a liquidated damage. During this time, SacRT may request meetings with City to discuss operational issues and concerns that might result in the assessment of liquidated damages. City must meet in good faith to address SacRT’s concerns, which may necessitate adjustment of traffic control systems, service, contract requirements, or performance metrics.
SacRT recognizes that all of the issues for which liquidated damages could be assessed are important to delivering a high-quality, high-ridership service. SacRT will promptly respond to any alleged deficiency in Contract performance, even if the threshold for assessing liquidated damages is not meet, and attempt to promptly resolve the issue, including reaching out to customers, to the extent possible, to take appropriate remedial action to ensure customer satisfaction and continued ridership.
A. A liquidated damage may be assessed by City, in City’s sole discretion, for the vacancy of the following key staff positions: Operations Superintendent, Maintenance Supervisor, Operations Training Specialist, and/or Data Analyst.
B. For purposes of this section, “replacement” means any situation that requires SacRT to assign an individual to one of the positions above to replace the individual previously assigned to the position, regardless of the cause or need for such replacement; the liquidated damages assigned to this action regardless of whether the previously assigned personnel was terminated, with or without cause, resigned, transferred, retired, or for any other cause that resulted in the need to replace the assigned personnel. City and SacRT acknowledge and agree that SacRT’s stated commitment to continuity in personnel is a key consideration in City agreeing to enter into this Contract, and that any change in key staff positions detrimentally affects City’s transit operations. Thus, the purpose of this liquidated damage is to compensate City for, among other things, the damage to City resulting from the turnover in key staff positions, such as operational delays, loss of historical operational knowledge personal and unique to the outgoing individual, additional training that may be required or needed, the new personnel’s lack of experience with City’s transit operation, loss of City’s expectation value and benefit of its bargain, and need for additional City resources and staff time to adjust to the new personnel, including training and outreach.
C. In the event of a vacancy, SacRT must take all diligent actions to fill vacancies immediately with qualified personnel. No key staff position will be filled without prior written approval of the City. The resume and qualifications of the proposed replacement must be submitted to City for approval. City will have up to ten (10) business days following receipt of these qualifications to respond to SacRT concerning acceptance of the candidate for the vacant position. The
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candidate(s) for replacement will be orally interviewed by City unless the City opts not to conduct an interview.
D. If an acceptable replacement is not found within ten (10) business days after departure of the Key Staff Position, SacRT must assign a senior management official or other supervisor approved by City to serve in an interim capacity until a suitable permanent replacement is found. City retains the right of prior approval over each interim and/or permanent replacement. SacRT will undertake all reasonable efforts in good faith to maintain quality and continuity in its selections of the key staff positions.
In addition to the foregoing, if SacRT does not fill a key position with a permanent replacement within 90 days, City may assess liquidated damages for each business day (based on forty (40) hour work week) after 90 days that the position remains vacant. The liquidated damage amount will be the total compensation for the vacated key staff position, including benefits, for each business day the position remains without a full-time permanent replacement. For example, if the total compensation for the position is $100,000 per year, and the position is vacant for 120 days, SacRT will pay City the amount of $8,219.10 ($273.97 daily compensation amount x 30 days); this amount compensates City for the loss under the Contract given that the compensation paid to SacRT assumes full staffing of all key staff positions.
E. Failure to maintain a system-wide unclassified revenue rate. A liquidated damage may, in City’s sole discretion, be assessed in the amount of Two Hundred Fifty Dollars ($250.00) per month if SacRT fails to maintain a system-wide unclassified revenue rate below 15%. The purpose of this liquidated damage is to compensate City for, among other things, the damage to the City resulting from auditable accountability, inability to reconcile fare box receipts, additional City staff time and resources to address unclassified revenue, loss of revenue, loss of the public’s goodwill and confidence in City’s transit system, loss of City’s expectation value and benefit of its bargain, and need for additional City resources and staff time to address performance deficiency.
F. Missed trips. A liquidated damage may be assessed, in City’s sole discretion, in the amount of Two Hundred Fifty Dollars ($250.00) per one-way trip missed in excess of two missed one-way trips in the same month, found to be caused by SacRT’s failure to provide services under the provisions established in this Contract. A missed trip is defined as a trip arriving 30 minutes or more after its scheduled arrival time to its scheduled first stop, or a trip that is not run due to circumstances that are within the control of SacRT. This excludes missed trips that result from causes beyond control of SacRT, such as unavoidable or traffic road conditions, unforeseen service delays caused by special events or emergencies (e.g., protests, demonstrations, or other types of planned events that may cause service disruptions), vehicle manufacturing deficiencies, or other unforeseen vehicle maintenance issues that are not a result of SacRT’s failure to perform the preventative maintenance duties established in this Contract. If a liquidated damage is assessed for a “missed trip”, City may not simultaneously assess a liquidated damage for that same trip as a “late trip.” 45
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G. Failure to stop and pick up passengers. A liquidated damage may be assessed by City, in City’s sole discretion in the amount of Five Hundred Dollars ($500.00) per verifiable occurrence for passing up any passenger (failure to stop and pick up) at a designated stop. This verification must involve confirmation that SacRT failed to stop and pick up passengers based on the resources available to SacRT and the City to review this matter (i.e. on-time performance reports and automated vehicle tracking data, onboard surveillance cameras, and verified passenger complaints). Also, if the verified failure to pick up the passenger was the result of a confirmed safety related matter (e.g., driver distracted due to road/traffic/pedestrian hazard), the liquidated damage may not be assessed.
H. Late First Stop. A liquidated damage may be assessed by City, at City’s sole discretion, to SacRT in the amount of Fifty Dollars ($50.00) for each occurrence following two “late trips” per month found to be caused by SacRT’s failure to provide services under the provisions established in this Contract. A “late trip” is defined as any trip that fails to arrive and stop at the scheduled first stop within five (5) minutes of when that trip is scheduled to start at first stop, or the relief operator’s first stop. This provision applies to: the first stop of each block of each route; to the first stop of the relief operator; or to the first stop after pullout on routes that alternate between routes for the entire block, and not to successive stops. In addition, this provision applies to the first stop of a complete route interlined at the end of another route. The City will not assess late trips that result from causes beyond the control of SacRT, such as unavoidable road or traffic conditions, unforeseen service delays caused by special events or emergencies (e.g., protests, demonstrations, or other types of planned events that may cause service disruptions), vehicle manufacturing deficiencies, or other unforeseen vehicle maintenance issues that are not a result of SacRT’s failure to perform the preventative maintenance duties established in this Contract.
I. Failure to timely submit report(s). A liquidated damage may be assessed by City, in City’s sole discretion, at a rate of Five Hundred Dollars ($500.00) per occurrence if SacRT fails to submit to City any report required under this Contract on or before the 15th calendar day of the subsequent month following the reporting period.
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54 3 ADDITIONAL REQUIREMENTS FOR ADA PARATRANSIT/DIAL-A-RIDE
3.1 DESCRIPTION OF SERVICES – ADA PARATRANSIT/DIAL-A-RIDE City’s ADA Paratransit bus service is available to qualified, certified persons with disabilities unable to board a regular City fixed route bus, access a City bus stop, or otherwise navigate the regular fixed route bus system due to a disabling condition as defined by the ADA. A Dial-A-Ride service is also available to seniors over the age of 75 years old. City’s ADA Paratransit/Dial-A-Ride provides service parallel to the fixed route system, operating during approximately the same hours and days, and on Sundays when there are currently no fixed route services available. SacRT shall operate the City’s ADA Paratransit/Dial-A-Ride in accordance with the requirements set forth herein, as well as the service described in the Operations Plan contained in Exhibit I.
3.1.1 AREA OF COVERAGE City ADA Paratransit service is operated within the city limits of Elk Grove and ¾ of a mile from local fixed route service. Additionally, City offers service to and from South Sacramento medical facilities and provides regional service throughout the Sacramento area on a limited basis.
City service hours and area of coverage are subject to change at any time at the discretion of City as it determines such changes are required to more effectively meet the needs of its service area.
SacRT currently contracts with Paratransit Inc. to provide complementary paratransit service within SacRT’s service area. Qualified ADA-certified patrons desiring to travel between SacRT’s service area and City ADA Paratransit service area (or the reverse) must currently transfer between providers at a designated transfer point and pay fares on both systems. To provide a more seamless experience for “regional trips”, SacRT is currently evaluating options for the provision of regional or “one-seat ride” service, which could include providing such services through Paratransit, Inc. or directly by SacRT operators. SacRT will negotiate with City for regional ADA paratransit trips if City provides additional funding for regional service, or an alternative funding source is identified. SacRT will have no obligation to offer that service as part of the Scope of Work under this Contract. If regional ADA paratransit services are provided to City, SacRT will coordinate the scheduling of such trips and collect all fares. Fares will be distributed between City and SacRT based on a formula agreed upon in writing by City and SacRT. City and SacRT may impose a different fare structure mutually agreed upon for regional trips. If possible, the parties would like for regional service to be implemented as of July 1, 2019, or as soon thereafter as feasible. If regional service is to be provided by SacRT employees performing under this Contract, SacRT will be paid under this Contract for that portion of the trip that is within City’s coverage area unless otherwise agreed upon by the parties. Eligibility for regional trips will be determined by agreement of the parties and may be different than City’s Dial-a-Ride service.
3.1.2 SERVICE REQUIREMENTS SacRT must provide service and operate the following two components of Paratransit service:
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A. ADA Paratransit Service – origin-to-destination service for individuals who meet ADA requirements.
ADA Paratransit bus service must be provided to qualified, certified persons with disabilities unable to board a regular City fixed route bus, access a City bus stop, or otherwise navigate the regular fixed route bus system due to a disabling condition as defined by the ADA. This does not include disabilities that only make use of accessible transit service difficult or inconvenient. SacRT must provide ADA Paratransit service parallel to the fixed route system, operating the same hours and days, as well as on Sundays when there is currently no fixed route service.
B. City Senior Transportation Services – a non-ADA origin-to-destination Paratransit service for persons 75 years and older. The qualifications for this service is any resident 75 years and older with proper picture identification.
3.1.3 SERVICE HOURS AND DAYS SacRT must provide local ADA Paratransit and dial-a-ride service between the hours of 5:30 a.m. to 10:30 p.m., Monday through Friday, and 6:20 a.m. to 6:30 p.m., Saturday and Sundays (local service)
3.1.4 ESTIMATED REVENUE SERVICE HOURS Annually, City currently provides approximately 13,500 revenue service hours. A revenue service hour is defined beginning at the first pick-up and ending at the last drop-off of passenger(s); operator breaks/lunches are not included as revenue service.
Estimated revenue hours for ADA Paratransit/Dial-A-Ride service are approximately 13,500 annually.
For any increase or decrease in ADA Paratransit/Dial-A-Ride annual revenue service hours up to 10% in excess of the estimated revenue hours (13,500), the deduction or increase to SacRT’s compensation will be based on the fixed hourly rate specified in Exhibit D. If overall annual revenue service hours are increased or decreased by more than 10% relative to the estimated revenue hours, City or SacRT may request an adjustment in the hourly rate to reflect the changes to its actual costs to accommodate such an increase or decrease. For increases in annual revenue service hours of more than 10% above the estimate, SacRT will not be obligated to perform such services unless and until the parties reach agreement on method of payment and execute an amendment to this Contract to incorporate the amended agreement, as necessary. For any decrease in overall annual revenue service hours of more than 10% below the estimate, City may deduct the fixed hourly rate specified in Exhibit D from SacRT’s compensation unless and until an amended agreement is executed by SacRT and City.
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3.2 ADA PARATRANSIT/DIAL-A-RIDE REPORTING REQUIREMENTS
3.2.1 WEEKLY REPORTING SacRT must provide City with a No-Show/Late Cancel and On-time Performance report each Monday for the preceding week. The No-Show/Late Cancel report will be subject to the ADA Paratransit/Dial-A- Ride service policies and procedures outlined by City.
3.2.2 MONTHLY REPORTING All monthly reports are due from SacRT to City on or before the 15th calendar day of the subsequent month following the reporting period.
SacRT must provide City with Monthly Denial Reports which comply with the standards as outlined in Title 49 Part 37 and 38 of the Code of Federal Regulations, as amended.
3.3 TRAPEZE PASS OR EQUAL DISPATCHING SYSTEM SacRT must provide Trapeze PASS, or an equal dispatching system, for use by SacRT in operating demand-response services.
SacRT will be responsible at its cost, for obtaining the appropriate training for the use of the software.
Dispatch Supervisors must communicate to the drivers via either radio or Mobile Data Terminal (MDT). Dispatch Supervisors must respond to requests to talk in the order received, unless a priority request is communicated. In that case, the priority request will take precedence over the other requests.
SacRT must ensure that all SacRT drivers report all pick-ups and no shows to dispatch as they occur via the radio system. In addition, SacRT drivers must inform dispatch whenever a passenger fails to pay their appropriate fare for the trip.
3.4 ADA PARATRANSIT/DIAL-A-RIDE COMMUNICATIONS & SCHEDULING PERSONNEL SacRT’s communications and scheduling staff must be trained to be proficient in processing the volume of incoming telephone requests for ADA Paratransit/Dial-A-Ride services, and accurately entering in the required passenger trip information into the dispatch/scheduling system, monitoring adherence to on time performance, and appropriately dispatching vehicles. SacRT’s dispatch and scheduling personnel must be knowledgeable in all aspects of City’s ADA Paratransit and Dial-A-Ride operations.
SacRT will ensure that telephone “wait” or “on hold” time(s) do not exceed three (3) minutes on ninety-five percent (95%) of all calls, and do not exceed five (5) minutes on ninety-nine percent (99%) of all calls. SacRT will continually monitor the wait and hold times and will ensure it has sufficient 49
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resources for this function.
Automatic answering devices or Interactive Voice Recognition (IVR) systems may be substituted for normal reservation taking; however, SacRT must implement a means for passengers to speak directly with a qualified SacRT representative to coordinate pick-up/drop-off or other service related information.
SacRT’s Dispatch Supervisors must be able to communicate service-related information effectively in English. Bi-lingual English/Spanish personnel must be available during all hours of operation.
SacRT will assure that dispatchers and scheduling personnel are adequately trained in and prepared to process requests for ADA service and requests for general system information from passengers. SacRT will assure that all dispatch and scheduling personnel are trained to proficiency in the requirements of the Service Criteria for Paratransit Service as outlined in Title 49 Part 37 and 38 of the Code of Federal Regulations, as amended, before being assigned to SacRT’s Communications Center, and will assure that ongoing mechanisms are in place for the evaluation of Dispatch Supervisors’ performance, education, and training.
SacRT must ensure that all dispatch personnel are trained to proficiency in basic customer service techniques and that such personnel have a comprehensive understanding of all policies and procedures that are associated with all programs specified within this Contract’s Scope of Work.
SacRT must ensure that quality customer care for passengers remains a priority in administering City’s transit operations. Programs such as Telephone Doctor® Phone Training for all staff, START Customer Service training for operators, as well as training specific to dispatchers, reservationists, mechanics and operators, will reinforce SacRT’s commitment to excellent customer service. SacRT must also provide ongoing training in the form of monthly safety meetings and job improvement retraining, as needed.
SacRT will observe and enforce trip by trip eligibility and must only schedule trips that meet the criteria for eligibility. SacRT is responsible for accurately determining whether a requested trip meets trip eligibility requirements. If a trip request meets eligibility requirements at either the pick-up or drop-off location, it will be scheduled.
3.5 ADA PARATRANSIT/DIAL-A-RIDE CUSTOMER SERVICE REQUIREMENTS
3.5.1 PICK-UP OF ADA PARATRANSIT PASSENGERS SacRT must arrive at the appointed passenger pick-up location not more than fifteen (15) minutes prior to the appointed pick-up time and no more than fifteen (15) minutes after the appointed pick up time. Passengers picked up later than 15 minutes after the appointed pick up time will be considered “late.” Drivers who show up more than 15 minutes before the scheduled pick-up time must wait until the negotiated ready time to pick-up the passenger. SacRT must notify passengers by telephone whenever
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possible if the vehicle scheduled to pick them up is expected to arrive at the appointed pick-up location more than fifteen (15) minutes later than the appointed time.
Drivers must remain with the vehicle and must not go inside any facility. The driver must wait no more than five (5) minutes to pick-up a passenger upon arrival within the 30-minute window around the appointed pick-up time. If the passenger does not appear during that time frame, the driver must notify the Dispatch Supervisor, resume service and proceed to the next scheduled reservation or bus stop. The missed pick-up will be considered a “no-show” and the procedures for no-show must be followed as required by the City.
SacRT must make every possible attempt to notify riders whose pick-up and/or drop-off time has been unilaterally changed by SacRT for any reason. Riders who are not notified of a scheduled change will not be counted as a “no-show” if they miss the ride.
Drivers must assist passengers whenever possible from the curb of their origin to the curb of their destination. SacRT will use the highest reasonable degree of care in assisting passengers. Assistance to passengers must, at a minimum, meet the requirements of the ADA. SacRT will park as close as safely possible to each passenger’s origin and destination, including entering parking lots as necessary.
3.5.2 ADA PARATRANSIT/DIAL-A-RIDE RESERVATIONS/SCHEDULING SacRT must perform reservations and scheduling of ADA Paratransit and Dial-A-Ride trips as follows:
A. Reservations may be made 1 to 2 days in advance by calling the ride reservation line between 8 a.m. and 5 p.m. Passengers will be given a negotiated ready time and confirmation for each trip scheduled. Reservationists must negotiate with ADA passengers a pick-up time from one (1) hour before or one (1) hour after their requested time. Subscription service (standing reservations) must continue to be provided to passengers as specified by the City. B. Reservationist must be available to take passenger reservations 24 hours before any day of service including holidays. C. SacRT will use Trapeze PASS, or an equal software program, to schedule rides. ADA Paratransit/Dial-A-Ride service requirements are subject to change based on modifications to City’s Policies and Procedures in accordance with applicable ADA laws and regulations, and SacRT will be provided with a notice of these changes at least 30 days prior to implementation, thereafter, SacRT must implement all modifications.
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3.6 LIQUIDATED DAMAGES
3.6.1 LIQUIDATED DAMAGES – ADA PARATRANSIT/DIAL-A-RIDE The City and SacRT have agreed that the liquidated damages contained in Section 3.6.1 of this Contract will only be applied, if at all (as determined by the City), after a period of ninety (90) days following the July 1, 2019 start of services (i.e., after September 29, 2019). This 90-day grace period will provide SacRT with the opportunity to implement the performance standards set forth in this Contract, and receive feedback from the City to adjust its performance prior to the City’s assessment of a liquidated damage. Liquidated damages will be assessed by City upon discovery of SacRT’s actions, and/or inactions, and/or failures to perform those matters stated herein.
A. Late pick-up. A liquidated damage may be assessed by City, in City’s sole discretion, in an amount of ($50.00) for each occurrence in excess of one per calendar month, of SacRT failing to pick up any ADA Paratransit/Dial-A-Ride passenger within the 15 minute period of time after the scheduled pick-up appointment time. City will not assess late trips that result from causes beyond the control of SacRT, such as unavoidable road or traffic conditions, unforeseen service delays caused by special events or emergencies (e.g., protests, demonstrations, or other types of planned events that may cause service disruptions), vehicle manufacturing deficiencies, or other unforeseen vehicle maintenance issues that are not a result of SacRT’s failure to perform the preventative maintenance duties established in this Contract.
B. Missed pickup. A liquidated damage may be assessed by City, in City’s sole discretion, in an amount of Two Hundred Fifty Dollars ($250.00) for each occurrence in excess of one per calendar month, of SacRT missing a scheduled ADA Paratransit/Dial-A-Ride passenger pick-up. An ADA Paratransit/Dial-A-Ride trip is considered missed if it arrives 30 minutes or more after the 15-minute period of time following the scheduled pick-up appointment time. This excludes missed trips that result from causes beyond control of SacRT, such as unavoidable road or traffic conditions, unforeseen service delays caused by special events or emergencies (e.g., protests, demonstrations, or other types of planned events that may cause service disruptions), vehicle manufacturing deficiencies, or other unforeseen vehicle maintenance issues that are not a result of SacRT’s failure to perform the preventative maintenance duties established in this Contract or where, despite SacRT’s best efforts, the driver is unable to locate the passenger.
C. Failure to secure a passenger. A liquidated damage may be assessed by City, in City’s sole discretion, at the rate of Two Hundred, Fifty Dollars ($250.00) per occurrence, if City can confirm that a driver fails to properly secure a passenger in a mobility device, including, but not exclusive of wheelchairs, prior to being transported on a vehicle. Notwithstanding the foregoing, if a passenger using a mobility device is not properly secured and as a result is injured, SacRT will be responsible for all damages and liability associated with the injury. The purpose of this liquidated damage is only to compensate City for failing to perform where the
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failure does not otherwise result in additional personal injury, property damage, or another damage resulting from the performance failure.
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4 MAINTENANCE REQUIREMENTS
4.1 BASIC PROVISIONS
4.1.1 VEHICLE MAINTENANCE REQUIREMENTS SacRT must, at is sole expense, maintain all revenue service vehicles and sub-components in first-class condition. SacRT will be solely responsible for routine maintenance of vehicles used in the provision of transit service. However, City must procure all major powertrain components for engine, transmission, and differential overhauls and/or replacements for the City-owned revenue service vehicles, provided that the failure(s) was not caused by misuse, lack of preventive maintenance, or inadequate repairs by SacRT. In addition, if SacRT discovers a manufacturing defect within the 10 business day period (“Second Inspection”) described in Section 33.P, that, had it been discovered during the warranty period, would have been a fleet defect and, in the aggregate, will cost more than $10,000 to repair, City must procure all components for that repair. The vehicle maintenance work to be completed by SacRT applies to all transit vehicles, whether owned by City upon the effective date of the Contract or later acquired. A list of City’s current vehicle inventory is provided in Exhibit J. City will be responsible for replacing revenue service vehicles according to City’s fleet replacement schedule and Transit Asset Management System (TAMS) Program. However, SacRT may be required to maintain the vehicles beyond the defined FTA-useful life. SacRT may request an equitable adjustment in the total compensation due under this Contract or relief from performance if: (a) parts needed for maintenance are unavailable for purchase at commercially reasonable prices. The term “unavailable for purchase” means that the original equipment manufacturer has advised that a part is unavailable because it is no longer being manufactured; or an inventory of the part in sufficient quantities to meet SacRT’s needs is not available for purchase; or no supplier will sell a part to SacRT or cannot supply the part according to a delivery schedule that meets SacRT’s needs; or (b) due to City’s decision to keep a bus in revenue service beyond the defined FTA useful life, SacRT’s maintenance costs (both labor and material) for that bus increase by more than 25% over the costs incurred for the one-year period prior to the end the useful life. Prior to requesting such an equitable adjustment, SacRT must take reasonable measures to mitigate the impact of the foregoing issues, which may entail pursuing innovative solutions for replacement parts and components.
City agrees to meet and confer with SacRT to identify all possible remedies for material manufacturing defects over $10,000, and cooperate with SacRT to pursue those remedies.
SacRT must strictly adhere to the vehicle and component manufacturers’ recommended maintenance practices, and City’s established preventive maintenance practices. SacRT must adhere to all FTA procurement requirements and follow all FTA best practices.
A preventive maintenance program of all revenue service equipment, which meets or exceeds City’s Preventive Maintenance Program, is required under this Contract, and contained in Exhibit J. SacRT must
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also perform monthly safety inspections and record all defects found and the date the defects were corrected. Deferring bus maintenance is strictly prohibited and is grounds for Contract termination.
In addition, SacRT must perform such procedures on buses as required by Title 13, California Administrative Code, as such provisions currently exist, or are hereafter amended or superseded.
SacRT must comply with all CHP Motor Carrier Safety Regulations pertaining to inspections. SacRT must notify City’s designee prior to or at first knowledge of all inspections performed by the CHP, or any other inspections performed by any other governmental/other agencies, and transmit results of said inspections to City.
SacRT must ensure that all applicable certifications are displayed on all buses.
SacRT will be responsible for completing all repairs to all transit vehicles required to keep them in proper working condition. SacRT’s obligation to repair includes, but is not limited to, all work on and/or replacement of body and paint, power train, undercarriage, interior, HVAC, wheelchair lift, farebox, etc. Work must occur and be completed by SacRT prior to placing vehicle back in service.
SacRT is responsible for assuring the quick and complete repair of all vehicles and for maintaining a twenty percent (20%) spare ratio of active fleet.
4.2 MECHANICAL MAINTENANCE PROGRAM SacRT, at its sole cost and expense, will provide all lubricants, repairs, cleaning, parts, tires, supplies, labor, maintenance, and component rebuilding and/or replacement as required for the safe and reliable operation of all equipment pursuant to this Contract. SacRT will be fully responsible for the safe and efficient maintenance of all vehicles, including the CHP “Out of Service” Criteria and applicable local, State and Federal regulations and requirements. SacRT must strictly adhere to the preventive maintenance schedules in accordance with industry manufacturer standards and any specific standards issued by the manufacturer of the component. This schedule will be considered by SacRT to be the minimum requirement only, and will not be regarded as reasonable cause for deferred maintenance in specific instances where SacRT employees observe that maintenance is needed in advance of schedule.
4.3 GENERAL REPAIR An essential element to passenger satisfaction is on-time performance. Minimizing vehicle downtime is critical to maintaining on-time service. Overall customer satisfaction is negatively impacted by vehicle breakdowns and delays caused by mechanical defects. SacRT must undertake a proactive maintenance policy and schedule to minimize unscheduled maintenance.
SacRT must perform the following to identify needed repairs:
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A. Preventive maintenance inspections; B. Daily vehicle inspections, or employee identification of needed repairs; and C. Repair component failure. D. SacRT will adhere to the following procedures to ensure minimal vehicle down time. Specific initiatives and goals to drive out vehicle downtime include: a. SacRT will perform trend analysis to track this critical statistic and take proactive corrective action. b. SacRT will pull fluid samples for analysis so that diagnostic reports on engine and transmission components are available for scheduled inspections. c. SacRT will schedule fleet inspection and vehicle repairs during off hours to maximize fleet availability during peak hours. In the unfortunate event of a vehicle breakdown, SacRT will get the route back up immediately. d. SacRT will use out of service monitors to notify dispatch of the immediate availability of vehicle resources. e. SacRT will perform random yard supervision to ensure comprehensive DVI process is followed. f. SacRT will promote an effective Lock-Out/Tag-Out procedure. g. SacRT will use mobile repair unit(s) to increase service efficiency. E. SacRT’s maintenance team will work with Dispatch Supervisors to coordinate fleet assignments based on schedules.
4.3.1 DAILY VEHICLE INSPECTION REPAIRS If a safety malfunction is detected as part of SacRT’s daily vehicle inspection process, the operator performing the inspection must notify dispatch. Dispatch must send a SacRT yard supervisor to meet the operator and review the issue. If the issue cannot be resolved by the supervisor, an on-duty technician must be dispatched to the yard.
The SacRT technician will perform an initial assessment of the issue to determine its severity and if the vehicle can be repaired in time for pull-out. If the vehicle must be placed out of service, the technician shall initiate the lock out/tag out process, and a standby vehicle will be assigned to the operator.
4.3.2 LOCK -OUT/TAG-OUT SacRT must use lock-out/tag-out procedures as defined below.
The lock-out/tag-out procedure prevents vehicles or other power equipment that are out of service for repair from being accidentally used in service. This process includes the following actions: A. Lock-Out: The vehicle or equipment is marked noting Out-Of-Service (OOS) and disabled when not being actively repaired.
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a. An OOS marking is placed on the operator side windshield (or OOS cover placed on steering wheel) of any vehicle that is not safe to operate. b. Maintenance shop equipment must be secured, if damaged or not in use, to prevent usage until properly repaired. These items must be clearly tagged with a “DO NOT USE” sign. c. These markings must only be removed by maintenance department personnel. d. OOS status must be noted on the vehicle maintenance board (and monitor) B. Tag-Out: The vehicle must be tagged out in dispatch so keys cannot be distributed These procedures are reversed when returning a vehicle/equipment to service.
4.3.3 OUT-OF-SERVICE MONITOR SacRT must use an Out-of-Service Monitor service system to display vehicles currently out of service with the date, reason, and needed part status.
4.3.4 FAREBOX MAINTENANCE Fareboxes must be cleaned and inspected by SacRT for proper operation as part of the SacRT’s preventive maintenance cycle. Necessary repairs must be immediately performed by SacRT and maintenance records shall be maintained for each unit.
If an issue is identified during a daily vehicle inspection, or while on the road, SacRT must immediately assign a technician to complete the unscheduled repair.
Once the farebox records are reviewed by SacRT to determine if the failure is a repeated problem, SacRT’s technician will diagnose the issue. If the farebox requires replacement of a part in stock, SacRT must immediately make the repair. SacRT will stock swing units (e.g., bill validators/coin mechanisms, trim units, etc.) to support timely repairs.
4.3.5 HEADSIGN PROGRAMMING As needed when service changes are made, SacRT’s electronics technician will perform all headsign reprogramming.
4.3.6 CNG SYSTEM INSPECTIONS SacRT is responsible for Compressed Natural Gas (“CNG”) system inspections. City will be responsible for tank replacement upon their expiration.
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4.3.7 PARTS SacRT will be responsible to provide all parts, components, sub-components, lubricants, cleaning products, and staffing sufficient to maintain all revenue hour vehicle requirements. City will be responsible to procure engine and transmission overhauls providing that the failure(s) was not caused by misuse, lack of maintenance, or inadequate repairs by SacRT. The City will be responsible for replacement components necessary to fulfill the warranty period of an engine or transmission overhaul.
All parts supplied by SacRT must be new and meet Original Equipment Manufacturer (OEM) or City approved standards. Once a part is purchased and placed into inventory, it becomes the property of the City. Under no circumstance may SacRT use parts from one bus to repair another bus, unless provided with specific instruction to do so by either the City’s Fleet and Facilities Manager or Transit System Manager, under specific circumstances deemed appropriate by City. SacRT must establish and maintain an ongoing spare parts inventory sufficient to meet peak hour vehicle requirements. SacRT must submit a monthly report for any parts used showing the part, part number, part price, vehicle, and work order number. SacRT must track all parts inventory in the City’s Data Management System (DMS). A yearly Physical Inventory must be performed to comply with FTA Best Practice of Inventory Control. City and SacRT will perform a yearly reconciliation of all parts used against the projected parts inventory budget.
4.3.8 ADA EQUIPMENT All wheelchair lifts, tie-downs, and related equipment must meet ADA requirements. SacRT driver pre-trip inspections must be utilized to check lift operation before pull-out from the garage. If the lift is inoperable at the time of pull-out, the lift must be repaired or traded before pull-out. No vehicle may be operated in revenue service without functioning ADA equipment; doing so is grounds for Contract termination.
4.3.9 TIRES SacRT must provide tires on all revenue and non-revenue service vehicles using the size and load capacity specified by the specific vehicle manufacturers. As a general standard the tires must be supplied with the proper size, load capacity, ply rating, tread depth, overall diameter, overall width and speed rating of the vehicle application. City and SacRT will perform a yearly reconciliation of tires used against the projected tire budget.
4.3.10 RECYCLE PROGRAM SacRT must implement, maintain, and encourage a recycling program for its employees to recycle all paper, cardboard, batteries, etc. SacRT will also adhere to all waste and recycling policies and procedures established by the City.
4.3.11 ELECTRONIC EQUIPMENT The vehicles are equipped with a variety of technologies including, but not limited to, GFI Odyssey boxes, Connect Card electronic fare payment systems, electronic destination signs, automated passenger
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counters (APCs), video surveillance systems, mobile radio systems, automated stop announcement equipment, and AVA and AVL systems. SacRT must maintain each of these systems per the manufacturer’s, or alternate as approved by the City, recommended guidelines, maintenance and replacement schedules.
4.3.12 SACRT UTILIZATION OF OUTSIDE SERVICES SacRT may utilize outside services to perform such repairs as paint and body, vehicle alignment, etc. SacRT must provide City with a list of vendors that will be used. City must approve the list of vendors prior to SacRT utilizing any vendor. When possible, and/or feasible, SacRT must consider utilizing services from either small businesses, or those designated by the State as disadvantaged business enterprises (DBEs). Work performed by outside services will be the responsibility of SacRT. All work done must be of first grade quality by factory authorized and certified technicians and/or repair shops. Warranties must be provided for work performed. City will approve use of warranties prior to work being completed. SacRT will be responsible for monitoring repairs and ensure warranties are met. Notwithstanding the foregoing and SacRT’s use of outside vendors approved by the City, SacRT will be responsible for the repair and maintenance of all transit vehicles and must correct any performance failures by its third party contractors to City’s satisfaction. SacRT must comply with California State and Federal procurement and payment of prevailing wage requirements, as applicable, as further set forth herein.
All outside engine or transmission repairs/rebuilds must be performed by a factory authorized repair technician or certified shop. All parts used in the repair of the engines or transmissions shall be genuine OEM parts.
4.3.13 WARRANTY SacRT will be responsible for maintaining proper records and maintenance on the vehicles and their sub- components as per applicable warranty requirements. SacRT will work with City in assuring all requirements are met, and that paperwork for warranty repairs are processed on a timely basis. Additionally, SacRT will be responsible for ensuring that employees are properly trained to perform warranty work as required by City. Any warranty reimbursements from vendors will go to City
4.3.14 UNIFORMS Maintenance personnel must wear the City-approved uniform shirts and pants while on duty. SacRT is responsible for ensuring that maintenance personnel have the proper work clothes, shoes, goggles, safety glasses, etc. to assure the safety and professionalism of its employees. Attire must be clean and neat.
4.3.15 TOOLS SacRT must provide all equipment and tools to its employees to perform all services and repairs to the City’s transit vehicles, including, without limitation, special tools such as torque wrenches, impact guns, electronic readers for charging, starting systems, engine and transmission readers, electronic destination sign programmers, opacity meter, etc.
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4.3.16 TOWING SacRT will be responsible for arranging the towing of all vehicles, whether on- or off-site. SacRT will be responsible for all costs for towing vehicles. Towing must be performed properly to assure against damages to the vehicle(s). Any damage resulting from improper towing procedures is the responsibility of SacRT to repair.
4.3.17 ROAD CALLS SacRT is responsible for performing road calls, when necessary, in an expedient manner. In order to meet this requirement, the replacement bus shall leave the yard within 10 minutes of the need for replacement. All road calls shall be immediately reported using the City’s Data Management System (DMS). Every precaution necessary must be taken to keep roadcalls within the goal of 10,000 miles between roadcalls.
4.3.18 NEW AND DECOMISSIONING OF VEHICLES SacRT is responsible for removing and reinstalling all essential transit equipment and components from existing fleet into new or replacement vehicles. The equipment and components include, but are not limited to, GFI Fareboxes, Connect Card electronic fare collection systems, two-way radio systems, AVA/AVL systems, MDTs, etc.
4.3.19 MAINTENANCE VEHICLES SacRT must provide the necessary vehicle for maintenance shop personal and bus stop maintenance. All SacRT-owned maintenance vehicles must never be older than five (5) years or have more than 150,000 miles during the term of the Contract. SacRT must replace, clean, fuel and maintain its vehicles at its own cost and expense. The vehicles will be of adequate size, equipped with, however not limited to, safety lighting, road call equipment and bus stop maintenance supplies/tools. The vehicles must be clearly identified with City’s approved transit system decals.
SacRT must purchase and maintain at least one bus stop maintenance truck and one shop maintenance truck to adhere to the bus stop and maintenance requirements of the Contract. SacRT is also responsible for the purchase and maintenance of any driver relief vehicle needed to support the transit services.
City-owned vehicles will be used only for revenue service. SacRT will not use any City-owned vehicle for the Road Supervisor’s duties, driver relief duties, and/or maintenance duties under this Contract.
4.4 DESCRIPTION OF SERVICES SacRT must adhere to the vehicle manufacturers’ recommendations in providing maintenance services. The Maintenance Plan, contained in Exhibit J, which documents the manufacturers’ recommendations in the form of Preventative Maintenance Inspection sheets, must be adhered to by SacRT during this Contract’s term.
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4.5 FACILITY AVAILABILITY The City’s transit operations and maintenance facility (“Facility”) is located at 10250 Iron Rock Way, Suite 200, Elk Grove CA, 95624. This is a shared facility that is part of the City’s Corporation Yard property. SacRT must maintain proper observance of and respect for other City functions and users that share the property. SacRT is responsible for all aspects of maintenance and upkeep of the portion of the provided facility that is exclusively used by SacRT as set out in the License Agreement. SacRT must ensure that all OSHA requirements are met, or exceeded as to the portions of the Facility that are exclusively used by SacRT. City must ensure that all legal requirements are met as to the shared portions of the Facility. SacRT’s exclusive use portion of Facility must be kept neat, clean, and organized at all times. City may perform periodic, announced, inspections of SacRT’s portion of the facility to ensure that a pleasant, safe and clean working environment is maintained at all times.
SacRT will enter into a license agreement for the use of the Facility from City as defined in Exhibit H to Contract, (License Agreement) except as provided herein.
The five-acre facility consists of:
1. Vehicle parking and staging area capacity for 53, 40-foot CNG buses, and 15 cutaway paratransit buses for revenue service, with some capacity to expand the City’s revenue fleet in the future. Non-revenue vehicles provided by SacRT as part of this Contract may be parked in any available location adjacent to the revenue vehicle parking and staging areas at City’s Corporation Yard. 2. Vehicle maintenance area for up to eight, 40-foot buses 3. Farebox vaulting and probing 4. Administrative offices 5. Training area 6. Driver staging area 7. Dispatching and customer service center 8. Landscaping 9. Vehicle wash bay
The determination of costs under this Contract, the method of payment, and the Total Compensation are predicated on the availability of the Facility as set out in this Contract and the License Agreement. If the Facility or a material portion thereof is rendered unavailable during the term of this Contract through no fault of SacRT, the parties may develop an alternative plan that will enable SacRT to continue performing the services, but SacRT will be entitled to an equitable adjustment if the alternative plan results in additional costs for SacRT.
4.6 VEHICLE WASH BAY SacRT is responsible for cleanliness, clean out, and testing of the Vehicle Wash Bay located at the Facility. Clean out must be conducted annually as per the City's Stormwater Pollution Prevention Plan (SWPP).
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SacRT must follow the SWPP guidelines along with all Best Management Practices (BMP) at the Facility. The vehicle wash bay will be utilized by other City departments and functions in addition to transit operations.
4.7 RETURN OF EQUIPMENT In the event of Contract termination or expiration, SacRT must return all equipment and other City property to City at the Facility located at 10250 Iron Rock Way, Suite 200, Elk Grove, CA. Equipment must be returned in the same condition as accepted, allowing for ordinary wear and tear, during the entire term of this Contract. Ordinary wear and tear will be interpreted according to the equipment's use. SacRT is liable for the cost of repairing or replacing any physical or mechanical damage, and related expenses, caused by SacRT negligence and not caused by City.
4.8 VEHICLE INVENTORY In the event of Contract termination or expiration, SacRT is responsible for returning the vehicles with the same, or replacement of equal or better quality and value, equipment and supplies (all less ordinary wear and tear) as originally delivered. SacRT must provide to City a listing of all City-owned equipment, parts and other property at least quarterly in a format acceptable to City. All procurements of City-owned equipment and parts will be conducted by City with assistance on parts’ procurement as needed by SacRT. City will provide SacRT with access to City’s requisition system for purchase of parts, when City requests SacRT preparation of parts specifications or identification of vendors.
4.8.1 PARTS INVENTORY City and SacRT agree to prepare a jointly written inventory of all City-provided equipment, tools, parts, supplies, and other City property, as specified in the Transition Plan, which is contained in Appendix A of the Operations Plan, Exhibit I. This inventory will be conducted at the commencement and termination, suspension or expiration of the Contract.
The City’s parts inventory detailed in Exhibit M, which is attached hereto and incorporated herein by reference, identifies the inventory existing as of the commencement of this Contract, which is located at the City’s Corporation Yard. In accordance with the Transition Plan, which is contained in Appendix A of the Operations Plan, Exhibit I, the City and SacRT will take a complete inventory, documented in writing, and agree to its value (“Beginning Inventory”) prior to the commencement of all transit operations and maintenance activities by SacRT. Upon termination or expiration of the Contract, SacRT must return the inventory to the same dollar value, with parts acceptable to the City (“Ending Inventory”), and SacRT must provide satisfactory proof of the value of the Ending Inventory Value to the City’s satisfaction prior to City’s issuance of its final payment. The Ending Inventory will consist of parts that are acceptable to City, that are new, from an approved manufacturer, and are useful to the City’s transit operations. The value of the Ending Inventory must be consistent with lowest published retail price.
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4.8.2 SACRT ASSETS Assets detailed in Exhibit L are currently being used at City’s Corporation Yard. SacRT is responsible for acquiring, owning maintaining, and replacing these assets as deemed necessary by SacRT to accomplish the requirements of this Contract, and for removing its assets upon termination or expiration of this Contract.
4.9 ALTERATIONS SacRT will not have the right to install equipment on any City-owned vehicle, or make any minor or major alterations to any City-owned equipment, without prior written consent of City. SacRT must not post any notices, announcements or other materials in or on any vehicle or equipment unless specified in this Contract or otherwise approved by City.
4.10 USE OF BUSES AND EQUIPMENT SacRT understands that vehicles and equipment provided by City under the Contract may be used only to provide services to City included under the Contract.
SacRT’s right to use the buses/vehicles and equipment is merely a license that is terminable by City with reasonable notice, and such vehicles may not be transferred or assigned by the SacRT, unless expressly determined by City.
Operation of vehicles utilized by SacRT in the performance of the Contract must comply with all applicable Federal, State, and local laws and regulations governing vehicles used for common carrier passenger transportation.
SacRT agrees that any equipment and/or technology purchased by City immediately becomes the property of City and must be maintained by SacRT. City will maintain control over the location of any equipment placed on the City vehicles and/or facilities, and City equipment will have priority consideration with regards to its placement. No modifications to City vehicles, equipment or facilities is permitted without prior written approval from the City Transit System Manager, or the City’s Fleet and Facilities Manager.
City requires that any vehicles in the designated Contingency Fleet, should a Contingency Fleet be developed, remain in the Contingency Fleet unless otherwise directed by the City. SacRT must obtain prior written approval by the City’s Transit System Manager, or the City’s Fleet and Facilities Manager, before any vehicle in the Contingency Fleet is used in service. SacRT further agrees to write a Contingency Fleet plan if a Contingency Fleet is developed.
City will have sole discretion to decide what vehicle type may be used on a specific service (local fixed route/commuter express bus service/Paratransit) or route. Furthermore, City reserves the right to
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decide how many vehicles may be used for revenue service and/or on any City route. Any additional vehicles beyond the permitted number for any service must be approved by City, in writing, prior to their use.
No City-provided vehicle or equipment may be operated beyond the limits established in the applicable policies of insurance as hereinafter set forth, and may only be used for the transportation of passengers as provided in this Contract, or in services approved beforehand by the City. SacRT agrees to use equipment in a careful and proper manner and to comply with all Federal, State, local, or other governmental laws, regulations, requirements and rules with respect to the use, maintenance and operation of the vehicles subject to this Contract. SacRT may not use vehicles or equipment in any unlawful trade or for any unlawful purpose whatsoever, or in violation of the Contract. SacRT may not use City provided vehicles or equipment to train persons who are not working on services under this Contract.
4.11 PREVENTIVE MAINTENANCE All preventive maintenance must be performed at regularly scheduled intervals as indicated in the Maintenance Plan contained in Exhibit J. All preventive maintenance shall be performed within 10% of City’s stated interval, or lacking a City interval, the manufacturer’s recommended interval. Lack of required preventive maintenance by SacRT may result in a liquidated damage and/or action for breach of contract.
SacRT must maintain records for all components that are replaced or changed out of the vehicle (“change out records”). This includes warranty repairs/replacements. These records are the responsibility of SacRT, whether work is performed internally or through outside vendors.
SacRT shall comply with the California Air Resources Board (CARB) Transit Fleet Rule, Federal, State, and local exhaust emission requirements.
4.12 FUELING SacRT must safely store and furnish lubricants and coolant for the operation of City’s transit fleet buses. The City’s fueling facility is currently owned and operated by a private entity, Interstate Oil, located at 9050 Elkmont Way in Elk Grove. Compressed Natural Gas (CNG), unleaded gasoline and ultra-low sulfur diesel is available. City will provide the fuel for all fixed route revenue service vehicles, and SacRT will be responsible to fuel all City-owned vehicles related to the Contract, with the exception of SacRT’s maintenance vehicles. SacRT must not fuel SacRT’s vehicles, defined as vehicles not owned by City, with City’s fuel, or charge City its fuel cost for non-City vehicles.
SacRT must maintain a fuel and mileage log for each vehicle in the City’s Data Management System (DMS).
SacRT must furnish all lubricants as required to meet or exceed the specification established by City. City may, in its sole discretion, alter its specifications consistent with those changes made to the City’s fleet.
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SacRT must provide all fuel (e.g., unleaded gasoline, CNG, or electricity) for revenue service vehicles identified for the City’s ADA Paratransit bus service (refer to Exhibit J for a list of all City-owned transit service vehicles). SacRT must procure a fuel contract with a fuel provider within the City of Elk Grove's boundaries, maintain an adequate number of fueling cards, and report the number of gallons purchased monthly to the City for NTD reporting.
4.13 CLEANING SacRT is required to maintain the inside and outside appearance of vehicles in a neat, safe, and operable condition; such cleaning includes, without limitation, removal of all dirt, debris, and graffiti. SacRT must promptly repair or replace any broken, cut, worn, torn or vandalized components of the buses/vehicles to eliminate hazards and unsightliness, and to minimize passenger discomfort.
On a daily basis, SacRT must complete a physical walk-through of each vehicle placed into revenue service to ensure that the interiors are clean and all trash, soil, dust, and other debris is removed. SacRT must clean interiors of buses as often as needed to ensure they are ready for revenue services on the following day.
On a weekly basis, all vehicles utilized in revenue service must be cleaned by SacRT, including washing and scrubbing of the full exterior, wheels, fuel-fill area, inside of all windows, scrubbing of oil or other excessive residue off the rear end, dusting or vacuuming of all seats, dashboard, stanchions and exposed services, and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc.
Vehicles’ exteriors must always be maintained by SacRT, including without limitation the vehicles’ paint and body work, for an aesthetically pleasing appearance. SacRT is responsible for using only a quality grade of soaps and cleaning solvents that will not damage the exterior or interior surfaces of the vehicles, including advertisements, and which meets environment standards and regulations.
All graffiti, interior and exterior, that is cleanable must be removed by SacRT as soon as practicable before the bus/vehicle is placed back into service. If the graffiti is obscene, or gang related, it must be removed immediately by SacRT, and the vehicle must not be used in revenue service until corrected.
All windows and/or inserts that are scratched/etched/fogged to the point of becoming opaque/distorted/seriously damaged causing possible safety issues must be replaced immediately by SacRT. All other windows that are scratched/etched and hamper clear vision must be replaced at least once per year. Scratched/etched and hampering vision is defined to include bus wash abrasion, graffiti, and damage that does not exceed 50% of the window or contain obscene or gang-related etching.
Seats must be maintained by SacRT in proper operating condition. All tears, cuts, gum, graffiti, and other damage must be repaired by SacRT in a professional manner within seven (7) days of the occurrence.
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SacRT must replace cushion materials that are worn or cannot be professionally repaired, or cushions that contain graffiti or stains that cannot be cleaned, using seat cover materials that are identical in design and color as those materials being replaced. SacRT will further ensure that all seats are steam cleaned and properly disinfected, as soon as possible, in the event that bodily fluids or solids are deposited on any seats and if seat cushion materials cannot be replaced.
SacRT must maintain all seats free of excessive dust. Cushioned seats must be vacuumed by SacRT as often as necessary to keep dust to a minimum. Each revenue service vehicle will have the seats, stanchions, ceilings, side walls, and floors scrubbed, washed, or shampooed by SacRT at the 6,000 mile interval requirement of a detail. All seats and surfaces must be completely dry before being placed in revenue service.
SacRT must identify adherence to all of these cleaning requirements and report that these requirements have been met as part of the Contract invoice submitted to City each month. City, in its sole discretion, may modify the bus washing schedule with a 30-day notice in the case of drought or other unforeseen changes to environmental requirements. Should revisions to the washing schedule affect the scope of work and agreed upon price, City will negotiate cost difference with SacRT and the modification documented in writing as provide for herein.
4.14 MAINTENANCE STAFFING
4.14.1 TECHNICAL ABILITY SacRT must ensure that maintenance staff are completely trained and familiar with all repair, servicing and maintenance needs associated with the transit fleet provided by City. The descriptions, below, detail each task to be completed by the dedicated position, this description sets the minimum standard of performance:
A. Maintenance Mechanic – Effectively uses a variety of hand, power and computer diagnostic tools and testing instruments to independently perform varied and complex inspection, diagnostic, overhaul and repair functions required for the maintenance of City’s revenue and nonrevenue vehicles and equipment, including gasoline, CNG, and electric powered coaches, trucks, cars, fare boxes, fare collection equipment, small shop machinery, power tools, and other support equipment; performs off-site and/or emergency repairs; practices safe work processes and contributes to the creation and maintenance of a safe working environment for self and others; and performs other related duties as assigned. Position requires high school diploma or GED equivalent and heavy duty bus maintenance experience, a good driving record with a State of California Class B Driver’s License with the proper endorsements; experience and education should be equivalent to five years; must have a Refrigeration Recovery/Containment Certificate Type II (per Federal and EPA regulations); must have
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knowledge of, with a strong ability to analyze, wiring problems using schematics; knowledge of air brake systems and perform other duties as assigned.
B. Electronic Technician – SacRT must ensure that a minimum of one Maintenance Mechanic position is designated, but not limited to, an Electronic Technician. This position must be trained in the repair and maintenance of all electronic equipment specific to the City's fleet. In particular this/these individuals should be trained to service GFI fareboxes, vaults and probing equipment, all other types of fare collection and counting equipment, electronic head-signs, on- board video recording equipment, two-way radio systems, automated passenger counting systems, automated stop announcement systems, Automatic Vehicle Location Systems (with requisite sub-components), and any other type of specialized electronic equipment and perform other duties as assigned.
C. Maintenance Utility Worker – Cleans and services City’s coaches, other vehicles and related service areas; operates buses for servicing, fueling and maintenance purposes; practices safe work, processes and contributes to the creation and maintenance of a safe working environment for self and others; and performs related work as assigned. Position requires a good driving record with a State of California Class B Driver’s License with proper endorsements; education achievement equivalent to the completion of high school; prior demonstrated experience in janitorial, bus/car/facility service and cleanup; knowledge of general janitorial and or bus facility servicing/cleanup procedures; working familiarity with basic cleaning and routine mechanical maintenance of gasoline, CNG, or electric powered equipment and perform other duties as assigned.
SacRT is responsible to meet or exceed the current staffing levels for the term of the Contract. SacRT must adjust the work schedules of its employees as necessary to meet all scheduled services, fleet inspections, or other maintenance requirements.
4.15 Maintenance Training SacRT is responsible for assuring that the maintenance personnel receive training in all aspects of the servicing and repair of City’s buses, including information on service updates and technical bulletins.
The Maintenance Supervisor must provide hands-on training for new mechanics in the existing shop, along with non-maintenance specific training offered to all employees. SacRT must also offer its maintenance team members access to online training offered by vendors including Ford Factory Training through the Service Technician Speciality Training (STST) program and ASE Certification Program.
SacRT must coordinate with its parts and equipment vendors for periodic and ongoing technician training.
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4.15.1 BASIC TRAINING Employees are required to have the maintenance experience necessary to perform their duties. Once hired, a company orientation and on-the-job training regarding SacRT’s and City’s policies, procedures, and requirements must be provided by SacRT. This training is provided by the Maintenance Supervisor and the shift lead.
Basic maintenance training includes a demonstration of all tools and equipment necessary to operate and maintain City’s transit services, and a review of all safety procedures and hazmat requirements. Upon completion of initial orientation, SacRT must also provide basic training in the following areas: A. Basic repair skills/preventive maintenance B. Basic electrical training C. Air systems and brakes D. Alternative fuel safety and inspection E. Vehicle electrical systems and multiplex F. Suspension and steering G. Engine service, tune up, and troubleshooting H. Transmission diagnostics and service I. Bus air conditioning and heating
4.15.2 TRAINING RECORDS SacRT is responsible for maintaining complete records of all training given to each employee. These records may be inspected by City personnel at any time.
4.16 DAILY REPORTING REQUIREMENTS SacRT is responsible each weekday (excluding holidays) to submit an electronic “Out of Service Report” detailing fleet status, the number of vehicles available for service, reasons vehicles are out of service, and estimated date of returning to service.
4.17 BUS STOPS, SHELTERS, AND SIGNS SacRT is responsible for providing bus shelter and bus stop maintenance throughout City's service area. This maintenance must include, but is not limited to, the following:
A. Inserting customized route and stop information in the display windows of all City’s shelters, exchange and update with new information and schedules as necessary,
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B. General cleaning, including but not limited to, graffiti removal, glass and bench cleaning, glass replacement, removal of foreign substances, solar panel cleaning and lighting system replacement where applicable, removal and replacement of defective bus stop signage, and sweeping shelter interior and sidewalk immediately outside the shelter. City currently has approximately 80 shelters that require cleaning weekly or bi-weekly depending on usage as determined by the City. Broken glass reported to SacRT must be replaced immediately.
C. General maintenance of bus stop signs and poles, including removal and replacement of bus stop signage. At present, City has approximately 500 stop locations, excluding shelters.
D. Twice yearly pressure washing of all stops using City-approved water recovery procedures, or as required by City, to ensure proper cleanliness and safety at each bus stop location. SacRT may be required by City to pressure wash more regularly at high visibility and/or high ridership bus stops.
E. SacRT must provide all cleaning supplies and cleaning equipment required. City will provide materials including bus stop signs, shelters or shelter parts, trash containers, or other items to SacRT to fulfill the stop and shelter maintenance obligation.
F. SacRT may be required to service trash and recycle receptacles at the bus shelters, including properly disposing of all materials.
G. SacRT must comply with all California State and Federal procurement and payment of prevailing wage requirements for public works projects, as applicable, as further set forth herein.
H. SacRT must report any damaged transit amenities to designated City staff upon discovery.
Detailed cleaning plan to be completed by SacRT is summarized below:
Benches, Signs, and Shelter Cleaning Schedule Upon Repair any shelter or bench damage which presents a safety Discovery hazard, including the following: broken glazing, broken structural parts or damage which results in blockage of pedestrian or vehicular right of way Remove of all graffiti. Weekly Clean any accumulated trash and debris Empty trash containers Remove any unauthorized notices or flyers, tape or other foreign matter Monthly Routine maintenance and minor repair, including the following: removal and replacement of broken glazing, removal and replacement of glazing materials, fasteners, and brackets
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Note: Any damage to transit shelters, benches, kiosks and signs will be reported to the City immediately upon discovery
4.18 MAINTENANCE REPORTING REQUIREMENTS SacRT must enter, as a minimum, the following information into the City’s Data Management System
A. Vehicles’ ending odometer or hub meter readings on the last day of each month in the City’s DMS. Approximate entry time is 15 minutes per month.
B. Total gallons of fuel each vehicle received for the month in the City’s DMS. Approximate entry time 20 minutes per month.
C. Work orders in the City’s DMS for each DVI defect, PM Inspection, PMI Defect, or anytime a repair is performed taking more than 10 minutes. Entry time varies depending on complexity of the repair needed.
D. Road Calls or Bus Exchanges must be entered as they happen. Approximately 45 seconds per entry.
4.18.1 MAINTENANCE MONTHLY REPORTING All monthly reports are due to the City on or before the 15th calendar day of the subsequent month following the reporting period. The majority of reporting will occur via the City’s Data Management System (DMS). The following information must be collected by SacRT and inputted into the City’s Data Management System: A. Miles between Road Calls, previous fiscal year to current fiscal year. B. Road Calls by Category, cumulative year-to-date. C. Monthly mileage by fleet type i.e.: fixed route; on-call; and Paratransit fleets (total miles traveled, fuel quantity and miles per gallon for each vehicle). D. Work Order Summary Detail data, including work order number, date finished, task description, labor hours, parts’ costs, labor costs and total cost. E. Monthly Cost per Mile data, parts, labor, miles, and total cost per mile by fleet/vehicle number. F. Summary of any warranty work, including but not limited to, vehicle number, details of the warranty claim, amount paid or rejected under the warranty. G. Preventive Maintenance Inspections (PMI) completed by vehicle number. The report must indicate: Vehicle Number, Current Mileage, Last Preventive Maintenance Mileage, Next Preventive Maintenance Due Date, Next PM Type, Current Mileage (miles over/under Preventive Maintenance requirement). H. Bus stops cleaned, signs replaced, shelters repaired. I. Current staffing positions and staffing levels, identifying any positions that are currently not 70
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filled, or employees that are on leave or disability. City may, in its sole discretion, reject any reports that do not meet requirements, and SacRT shall correct the reporting deficiencies and resubmit the reports to City within 14 calendar days. City may, in its sole discretion, remove or add a report(s) from the requirements, or refine report requirements as needed to monitor the maintenance cost and condition of the SacRT-operated fleet. SacRT shall ensure that employees are computer fluent to a level that any reports required by City can be completed and submitted in a timely manner.
4.18.2 QUARTERLY AND OTHER REPORTING REQUIREMENTS Once per calendar quarter, SacRT must submit a narrative report or request a face-to-face meeting with the City staff regarding any on-going maintenance issues, concerns, or problems. This report or meeting will serve as a dialogue and feedback mechanism for addressing any issues of concern that require discussion and resolution.
SacRT must also provide fleet status and other data reporting as required for Federal Transit Administration (FTA) funding under Section 5307/5339/5311/5310 and the CMAQ funding program.
SacRT must submit a report and supporting documentation for actual maintenance expenses to include, but not be exclusive of vendor invoices, proof of vendor payment(s) of maintenance expenses, applicable payroll records, applicable pay stubs, parts costs, lubricants/fluids, etc. This report and supporting documentation (full report package) shall be submitted with the monthly invoice, due on the 15th calendar day of the subsequent month following the reporting period. This information is necessary for financing maintenance costs with Federal funding.
4.18.3 ANNUAL FLEET REPORTING SacRT must submit an annual Fleet Report based on the preceding calendar year for all vehicles used in providing transit services for the City. The report must be submitted by 10th business day of each January, to the City, including, but not be limited to, the following data for each fleet vehicle in service (including assigned spares):
A. Vehicle ID Number B. Vehicle License Number C. Vehicle Manufacturer D. Vehicle Model Year E. Engine Make/Model F. Engine Year G. Engine Serial Number H. Maximum Passenger Capacity I. Annual Vehicle Mileage
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In addition to the reporting requirements above, SacRT shall work with City to comply with the City’s Vehicle Maintenance Plan which is attached hereto as Exhibit J.
4.19 LIQUIDATED DAMAGES – MAINTENANCE
4.19.1 LIQUIDATED DAMAGES - MAINTENANCE The City and SacRT have agreed that the liquidated damages contained in Section 4.19.1 of this Contract will only be applied, if at all (as determined by the City), after a period of ninety (90) days following the July 1, 2019 start of services (i.e., after September 29, 2019). This 90 day grace period will provide SacRT with the opportunity to implement the performance standards set forth in this Contract, and receive feedback from the City to adjust its performance prior to the City’s assessment of a liquidated damage.
A. Failure to clean vehicles. A liquidated damage may be assessed by City, in City’s sole discretion, in the amount of Fifty Dollars ($50.00) per day for each incident when it is established by evidence that SacRT has failed to comply with the Contract’s required cleaning criteria and schedule and, as a consequence, a vehicle is pulled out in an unclean condition. For any revenue service vehicle that cannot be cleaned due to being out of service, SacRT must clean that vehicle prior to it being placed back into revenue service. City recognizes that buses may become dirty in between regularly-scheduled cleaning intervals and that the mere presence of trash on a bus, without any other evidence, is insufficient to demonstrate a failure to adhere to the cleaning schedule, provided that SacRT cleans the bus in the manner required by this Contract.
B. Failure to conduct preventative maintenance. A liquidated damage may be assessed by City, at City’s sole discretion, in the amount of Two Hundred Fifty Dollars ($250.00) per monthly occurrence, per bus, if SacRT does not follow the City’s preventive maintenance program and baseline PM schedule established for the City, in accordance with Federal Transit Administration (FTA) requirements. A liquidated damage assessment will not be considered due to circumstances beyond SacRT’s control, such as a bus being located off-site, and/or unavailable, due to required maintenance repairs or other City-instructed work or if a bus beyond the recommended service interval must be placed into revenue service because of a bus shortage due to circumstances beyond SacRT’s control. The purpose of this liquidated damage is to compensate the City for, among other things, the damage to the City resulting from loss of the public’s goodwill and confidence in the City’s transit system, loss of revenue and ridership, loss of City’s expectation value and benefit of its bargain, and need for additional City resources and staff time to address performance deficiency. Failure shall be defined as when the bus is in need of the next scheduled maintenance procedure, yet the bus is in revenue service and the odometer indicates that the bus has gone beyond 10% of the
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scheduled interval. Adherence to the preventive maintenance program is to be reported by SacRT in the monthly report to City.
C. Failed Annual CHP Inspection. A liquidated damage may be assessed by City, in City’s sole discretion, at the rate of Two Thousand Five Hundred Dollars ($2,500.00) if SacRT fails (to pass) receive a Satisfactory Rating from the California Highway Patrol (CHP) for a Terminal Inspection. The purpose of this liquidated damage is to compensate City for, among other things, the damage to City resulting from loss of the public’s goodwill and confidence in City’s transit system, loss of revenue and ridership, loss of City’s expectation value and benefit of its bargain, and need for additional City resources and staff time to address performance deficiency. If SacRT fails to receive a Satisfactory Rating in the subsequent CHP inspection (i.e. fails two inspections in a row), a liquidated damage may be assessed at the rate of Five Thousand Dollars ($5,000.00). If SacRT fails another subsequent CHP inspection, which would be the third failure in a row, a liquidated damage may be assessed at the rate of Ten Thousand Dollars ($10,000.00) and may result in termination of the Contract. These liquidated damages will be in addition to any fines, penalties and any other costs to City to actually cure the deficiencies resulting in a failure to receive a satisfactory rating (pass) from the CHP.
D. Failure to repair a bus stop sign or shelter. A liquidated damage may be assessed by City, in City’s sole discretion, in the amount of Fifty Dollars ($50.00) per day for each incident where a damaged bus stop sign, or shelter, is not repaired or replaced within seven (7) days of the date City provides the materials for the repair, provided that liquidated damages may not be assessed if SacRT commences to repair and diligently proceeds to cure the damage, but the damage is not capable of repair within seven (7) days. For any bus stop sign or shelter repair, the City will be responsible for providing the materials needed to repair the sign or shelter, and SacRT will be responsible for the labor to repair the sign or shelter.
E. Failure to clean a bus stop or bus shelter. A liquidated damage may be assessed by City, in City’s sole discretion, in the amount of Fifty Dollars ($50.00) per day for each incident when it is established by evidence that SacRT has failed to comply with the required stop and shelter cleaning criteria and schedule, unless the circumstances are beyond SacRT’s control. City recognizes that stops or shelters can become dirty in between regularly-scheduled cleaning intervals and that the mere presence of trash at a stop or shelter, without any other evidence, is insufficient to demonstrate a failure to adhere to the cleaning schedule.
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EXHIBIT B – FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES
It is the responsibility of City, as a recipient of Federal funding for this Contract, to ensure that all clauses applicable to the Scope of Work for this Contract, are adhered to by SacRT. To the extent that the clauses are applicable to this Contract, SacRT, as a public entity receiving Federal funding, will comply with all Federal, California State, and local laws and regulations, including, without limitation, those provisions set forth herein, as may be amended and/or superseded from time to time.
1. FLY AMERICA REQUIREMENTS 49 U.S.C. § 40118 41 C.F.R. part 301-10 48 C.F.R. part 47.4
Applicability to Contracts: The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier’s designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the U.S. DOT has determined meets the requirements of the Fly America Act
Flow down Requirements: The Fly America requirements flow down from City to SacRT who is responsible for ensuring that lower tier contractors and subcontractors are in compliance..
Fly America - SacRT agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10.131 - 301-10.143, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. SacRT shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. SacRT agrees to include the requirements of this section in all subcontracts that may involve international air transportation.
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2. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661
Applicability to Contracts: The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000).
Flow down Requirements: The Buy America requirements flow down from City to first tier SacRT, who is responsible for ensuring that lower tier contractors and sub-contractors are in compliance.
Buy America - SacRT agrees to comply with 49 U.S.C. 5323(j) as amended by MAP-21, 49 U.S.C. 5323(h), 49 CFR Part 661, and FAST Act (Pub. L. 114-94) which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7 and was amended by Section 3011 of the FAST Act (Pub. L. 114-94). Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a sixty percent (60%) domestic content for FY16 & FY17; sixty-five percent (65%) domestic content for FY18 & FY19; and seventy percent (70%) domestic content for FY20 & beyond.
General waivers for small purchases do not apply to contractor’s equipment purchases when contractor’s contract value exceeds $150,000 in value. contractors must submit to City the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non-responsive. This requirement does not apply to lower tier sub-contractors.
3. CHARTER BUS REQUIREMENTS 49 U.S.C. 5323(d) 49 CFR Part 604
Applicability to Contracts: The Charter Bus requirements apply to the following type of contract: Operational Service Contracts.
Flow down Requirements: The Charter Bus requirements flow down from City to SacRT.
Charter Service Operations - SacRT agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and sub-recipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.
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4. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605
Applicability to Contracts: The School Bus requirements apply to the following type of contract: Operational Service Contracts.
Flow down Requirements: The School Bus requirements flow down from City to SacRT.
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and sub- recipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and sub-recipients may not use federally funded equipment, vehicles, or facilities.
5. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 55305 46 C.F.R. part 381
Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels.
Flow down Requirements: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - SacRT agrees:
a. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;
b. To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of - lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)
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c. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
6. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 622
Applicability to Contracts: The Energy Policy and Conservation requirements are applicable to all contracts. The Recipient agrees to, and assures that its subrecipients, if any, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6201 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance as required under FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R. part 622, subpart.
Flow down Requirements: The Energy Conservation requirements extend to SacRT and their contracts at every tier and, sub-recipients and their sub-agreements at every tier.
Energy Conservation - SacRT 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
7. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 33 U.S.C. 1251 – 1377 42 U.S.C. §§ 7401 – 7671q 33 U.S.C. §§ 1251-1387
Applicability to Contracts: The Clean Air and Clean Water Act requirements apply to each contract and subcontract exceeding $150,000. Each contract and subcontract must contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251– 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Flow down Requirements: The Clean Air Act and Federal Water Pollution Control Act requirements extend to SacRT and their contracts at every tier and subrecipients and their subcontracts at every tier.
SacRT 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;”
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3) It will report violations of use of prohibited facilities to FTA; and 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. LOBBYING 31 U.S.C. § 1352 2 C.F.R. § 200.450 2 C.F.R. part 200 appendix II (J) 49 C.F.R. part 20
Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts
Flow Down Requirements The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5)
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not taken any action involving the Project or the Underlying Agreement for the Project, including any award, extension, or modification. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to City.
9. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325(g) 2 C.F.R. § 200.333 49 CFR 633
Applicability to Contracts: The record keeping and access requirements apply to all contracts funded in whole or in part with FTA funds under 49 U.S.C. 5325(g). FTA has the right to examine and inspect all records, documents, and papers, including contracts, related to any FTA project financed with Federal assistance authorized by 49 U.S.C. Chapter 53.
Flow down Requirements: The record keeping and access requirements extend to SacRT and their contracts at every tier and subrecipients and subcontracts at every tier.
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Access to Records - The following access to records requirements apply to this Contract:
a. Record Retention. SacRT 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. SacRT agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. SacRT 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. SacRT 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. SacRT agrees to permit FTA and its contractors’ access to the sites of performance under this contract as reasonably may be required
10. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 2 C.F.R. part § 200.322
Applicability to Contracts: The Recycled Products requirements apply to all contracts for items designated by the EPA, when SacRT procures $10,000 or more of one (1) of these items during the fiscal year or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds.
Flow down Requirements: These requirements flow down from City to SacRT and all its sub-contractor tiers.
Recovered Materials - SacRT agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. SacRT agrees to comply with the U.S. Environmental Protection Agency (US EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247.
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11. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts: Applicable to all contracts.
Flow down Requirements: The No Obligation clause flows down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.
(1) City and SacRT acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) SacRT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to its provisions.
12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5323
Applicability to Contracts: These requirements are applicable to all contracts.
Flow down Requirements: These requirements flow down to SacRT and its sub-contractors who make, present, or submit covered claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts
SacRT acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, SacRT certifies the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, SacRT 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 SacRT to the extent the Federal Government deems appropriate.
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(1) SacRT also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(i) on SacRT, to the extent the Federal Government deems appropriate.
(2) SacRT agrees to include the above two (2) 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 sub-contractor who will be subject to the provisions.
13. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B)
Flow Down For all contracts in excess of $10,000, the Termination clause extends to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier.
Termination for Convenience (General Provision) City may terminate this Contract, in whole or in part, at any time by written notice to the Contractor when it is in City’s best interest. SacRT shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. SacRT shall promptly submit its termination claim to City to be paid to SacRT. If SacRT has any property in its possession belonging to City, SacRT will account for the same, and dispose of it in the manner City directs.
Termination for Default [Breach or Cause] (General Provision) If SacRT does not deliver supplies in accordance with the contract delivery schedule, or if the Contract is for services, SacRT fails to perform in the manner called for in the Contract, or if SacRT fails to comply with any other provisions of the contract, City may terminate this Contract for default. Termination shall be effected by serving a Notice of Termination on SacRT setting forth the manner in which SacRT is in default. SacRT 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 City that SacRT 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 SacRT, City, after setting up a new delivery of performance schedule, may allow SacRT to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision) City, in its sole discretion may, in the case of a termination for breach or default, allow SacRT an opportunity to cure the defect consistent with the provision set for in Section 11.B of this Contract. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions
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If SacRT fails to remedy to City 's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within the time period set forth in the Contract, or, where no time period is stated, within a reasonable time, after receipt by SacRT of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to SacRT as provided for in Section 11 of the Contract. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against SacRT and its sureties for said breach or default.
Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by SacRT of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this Contract.
Termination for Convenience (Professional or Transit Service Contracts) City, by written notice, may terminate this Contract, in whole or in part, when it is in City’s interest. If this Contract is terminated, City 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 (Transportation Services) If the SacRT 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 SacRT fails to comply with any other provisions of this Contract, City may terminate this Contract for default. City shall terminate by delivering to SacRT a Notice of Termination specifying the nature of default. SacRT 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 SacRT has possession of City goods, SacRT shall, upon direction of City, protect and preserve the goods until surrendered to City or its agent. SacRT and City of Elk Grove 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 SacRT 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 City.
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14. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NON-PROCUREMENT) 49 CFR 18 2 CFR 1200 2 CFR 180 Executive Orders 12549 and 12689 2 CFR 200.213
Background and Applicability: A contract award (of any tier) in an amount expected to equal or exceed $25,000 or a contract award at any tier for a federally required audit (irrespective of the contract amount) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Recipients, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by:
(a) checking the SAM exclusions;
(b) collecting a certification from that person; or (c) adding a clause or condition to the contract or subcontract
Flow down Requirements: Recipients, contractors, and subcontractors who enter into covered transactions with a participant at the next lower level, must require that participant to: (a) comply with subpart C of 2 C.F.R. part 180, as supplemented by 2 C.F.R. part 1200; and (b) pass the requirement to comply with subpart C of 2 C.F.R. part 180 to each person with whom the participant enters into a covered transaction at the next lower tier.
Suspension and Debarment: This Contract is a covered transaction for purposes of 49 CFR Part 18. As such, SacRT is required to verify that none of SacRT, its principals, are excluded or disqualified as defined under Executive Orders Nos. 12549 and 12689.
SacRT is required to comply with 2 CFR 1200, and must include the requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the Firm certifies as follows:
The certification in this clause is a material representation of fact relied upon by City. If it is later determined that the Firm knowingly rendered an erroneous certification, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to
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suspension and/or debarment. The Firm agrees to comply with the requirements 2 CFR 180 while this offer is valid and throughout the period of any contract that may arise from this offer. The Firm further agrees to include a provision requiring such compliance in its lower tier covered transactions.
15. PRIVACY ACT 5 U.S.C. 552
Applicability to Contracts: When City maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts.
Flow down Requirements: The Federal Privacy Act requirements flow down to SacRT and their contracts at every tier.
Contracts Involving Federal Privacy Act Requirements: The following requirements apply to SacRT and its employees that administer any system of records on behalf of the Federal Government under any contract:
SacRT agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, SacRT agrees to obtain the express consent of the Federal Government before SacRT or its employees operate a system of records on behalf of the Federal Government. SacRT understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Contract.
16. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts SacRT will be required to comply with these applicable civil rights, nondiscrimination, and equal employment opportunity laws and regulations:
The following Federal Civil Rights laws and regulations apply to all contracts.
1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual
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orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.
b. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.
2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.
3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age
Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.
Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies
Flow down Requirements The Civil Rights requirements flow down from City to SacRT and their subcontracts at every tier.
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Civil Rights and Equal Opportunity City is an Equal Opportunity Employer. As such, City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, City 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, SacRT 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, SacRT agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, SacRT 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, SacRT 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. SacRT 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, SacRT 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, SacRT agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, SacRT agrees to comply with any implementing requirements FTA may issue.
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17. ADA ACCESS REQUIREMENTS 49 U.S.C. § 5301 29 U.S.C. § 794 42 U.S.C. § 12101
Applicability to Contracts: SacRT shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. SacRT shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.
18. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1F
Applicability to Contracts: All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down Requirements: The Breaches and Dispute Resolutions requirements flow down to all tiers.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, SacRT mails or otherwise furnishes a written appeal to City. In connection with any such appeal, SacRT shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of City shall be binding upon SacRT and SacRT shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City, SacRT shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.
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Remedies - Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between City and SacRT 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 City 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 City or SacRT 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.
19. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215
Applicability to Contracts: The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.)
Flow down Requirements: These provisions are applicable to all contracts and subcontracts at every tier.
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, SacRT agrees to carry out the transit operations work on the underlying Contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to City's project from which Federal assistance is provided to support work on the underlying contract. SacRT agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for non-urbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective
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requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body sub- recipient for which work is performed on the underlying contract, SacRT agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the State. SacRT agrees to perform transit operations in connection with the underlying Contract in compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Non- urbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, SacRT agrees to comply with the terms and conditions of the Special Warranty for the Non-urbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) SacRT also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Section 1101(b) of MAP-21 (23 U.S.C. § 101 note)
1. City encourages DBE participation in this solicitation. In order to qualify as a DBE, a Contractor, or a Contractor’s sub-contractor, must be certified as a DBE under 49 CFR Part 26. As a recipient of Federal funds, City must comply, and insure that it’s Contractor(s) comply with 49 CFR Part 26 and Section 1101(b) of the Fixing America’s Surface Transportation Act (FAST Act).
2. DBE Requirements/DBE Obligation:
i. The Contract to be awarded may be funded in part by the U.S. Department of Transportation (DOT) FTA. As a condition of financial assistance agreements between City and the U.S. DOT, City has established a DBE Program and overall triennial DBE goal in accordance with Title 49 CFR, Part 26.
ii. The Contract to be awarded may be funded in part by the U.S. DOT FTA. As a condition of financial assistance agreements between City and the U.S. DOT, City has established a DBE Program and overall triennial DBE goal in accordance with Title 49 CFR, Part 26.
iii. Pursuant to Race-Neutral DBE policy directive issued by the U.S. DOT in response to the Ninth Circuit U.S. Court of Appeals decision in Western States Paving v. Washington State Department of Transportation and the FTA’s Guidance (Docket No. FTA-2006-24063; dated March 23, 2006),
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City will strictly utilize race-neutral measures to meet its overall DBE goals and objectives. Contractors are encouraged to afford small businesses, including DBEs, an equitable opportunity to compete for and perform on a contract resulting from this solicitation.
iv. SacRT, and any of its sub-contractors, are to ensure that DBE as defined in 49 CFR Part 26 have equal opportunities to participate in the performance of City contracts. In this regard, the SacRT shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the equal opportunities to compete for and are awarded contracts. SacRT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. SacRT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this U.S. DOT-assisted contract. Each subcontract SacRT signs with a sub- contractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
v. 1101(b) of the FAST Act extends the Federal statutory requirement that FTA make available at least 10 percent (10%) of its funding under that Act for contracts with small business concerns owned and controlled by socially and economically disadvantaged people. City and sub- recipients (SacRT and its sub-contractors) of FTA-funding assists FTA in meeting this national goal. To receive FTA assistance, City and sub-recipients (SacRT and its sub-contractors) of FTA- funding must comply with applicable requirements of DOT regulations 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
3. DBE Financial Institutions
i. SacRT is to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage sub-contractors to make use of these institutions also.
ii. A list of Minority Owned Banks is on the Federal Reserve website at http://federalreserve.gov/releases/mob/current/default.htm. The Federal Reserve website is updated periodically.
iii. SacRT is encouraged to use the services offered by banks in the community which are owned and controlled by minorities or women when feasible and beneficial.
4. DBE Reporting and Certification
i. Monthly reporting requires the submittal of a “Monthly Sub-contractor Payment Report”, which is used by City to verify payments to DBE and non-DBE sub-contractors. When completing this form, SacRT must designate DBE sub-contractors by placing an asterisk in front of their name. As Federal law requires that City have proof of payment to a DBE sub-contractor,
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the sub-contractor must initial the form and verify payment received. Failure to submit a properly executed form will result in delayed payment. Failure to submit these reports in a timely manner may result in a penalty of $10 per day, per report.
ii. In order for SacRT to submit a properly executed “Monthly Sub-contractor Payment Report,” SacRT must verify that Sub-contractors DBE certification is current at time of payment.
iii. Certified Contractors can be found at the State of California web site: http://www.dot.ca.gov/hq/bep/find_certified.htm
5. DBE Contract Assurance (49 CFR 26.13)
i. City does not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. City takes all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of U.S. DOT assisted contracts. City’s DBE Program as required by 49 CFR Part 26 and as approved by U.S. DOT will be is incorporated by reference into the contract resulting from this solicitation.
ii. SacRT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. SacRT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by SacRT 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 no limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying SacRT from future bidding as non-responsible.
6. DBE Prompt Payment (49 CFR 26.29)
i. Not later than ten (10) days after receipt of each progress payment from City, the successful Offeror shall pay to any sub-Contractor performing any work, the respective amounts allowed to the successful Offeror for work performed by the sub-Contractor, to the extent of each sub- Contractor’s interest therein, unless otherwise agreed to in writing. In addition, for projects that invoice only at the completion of the project, within seven (7) days of the successful Offerors receipt of released retention from City upon completion of the project as defined in
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California Public Contract Code section 7107 the successful Offeror shall pay each of its sub- Contractors from whom retention has been withheld, each sub-Contractors share of the retention received, in accordance with the provisions of California Public Contract Code section 7107. For projects that issue progress payment invoices, upon incremental acceptance of any portion of the work by City, the successful Offeror shall pay each of its sub-Contractors from whom retention has been withheld, each sub- Contractors share of the retention received, in accordance with the provisions of California Public Contract Code section 7107. This clause applies to both DBE and non-DBE sub-Contractors.
ii. Failure to comply with these provisions or delay in payment without prior written approval from City will constitute noncompliance, which will result in appropriate administrative sanctions, including, but not limited to a penalty of 2% of the amount due per month for every month that payment is not made.
7. Civil Rights Policy Statements
i. City’s DBE Policy Statement for its FTA approved DBE program is located at the following website: http://www.elkgrovecity.org/residents/transportation/transit_e- tran/disadvantaged_business_program
ii. City’s Discrimination Complaint Procedures Policy Statement for its Title VI Program is located at the following website:
http://www.elkgrovecity.org/residents/transportation/transit_e- tran/title_vi_program_and_complaint_form
iii. City’s EEO Policy Statement for its EEO program is located at the following website: http://www.elkgrovecity.org/city_hall/departments_divisions/human_resources
21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1F
Applicability to Contracts: The incorporation of FTA terms applies to all contracts and subcontracts at every tier.
Flow Down Requirements: The incorporation of FTA terms has unlimited flow down.
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 the most current FTA Circular 4220, 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
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22. SUBSTANCE ABUSE REQUIREMENTS 49 U.S.C. §5331 49 CFR Part 655 49 CFR Part 40
Applicability to Contracts: The Drug and Alcohol testing provisions apply to Operational Service Contracts.
Flow down Requirements: Anyone who performs a safety-sensitive function for the recipient or sub- recipient is required to comply with 49 CFR 655 as amended by MAP-21, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non-urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance sub- contractors.
Drug and Alcohol Testing: SacRT agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. SacRT agrees further to certify annually its compliance with Part 655 before June 30 and to submit the Management Information System (MIS) reports before January 15 to City. To certify compliance SacRT 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.
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EXHIBIT C – [INTENTIONALLY OMITTED]
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EXHIBIT D – COMPENSATION AND METHOD OF PAYMENT
SacRT will be compensated using the set rate per revenue hour and the monthly administrative and maintenance costs as detailed in the table, below. This compensation rate is an all-inclusive rate of compensation that includes all work to be performed and/or completed by SacRT under this Contract. A revenue service hour is defined beginning at the first pick-up and ending at the last drop-off of passenger(s); operator breaks/lunches are not included as revenue service – Exhibit A, Section 2.13.2.
Table 1, below, states compensation for five-year term of the Contract.
Table 1 Service Year 1 Year 2 Year 3 Year 4 Year 5 FIXED ROUTE (LOCAL AND COMMUTER) AND $55.30 $56.96 $58.67 $60.43 $62.24 PARATRANSIT Rate per revenue hour FIXED ROUTE (LOCAL AND COMMUTER) AND PARATRANSIT $239,101.32 $245,784.36 $252,667.89 $259,757.93 $267,060.66 Monthly Administrative and Maintenance Costs
Table 2, below, contains a more detailed, line item price schedule for multiple components relating to the work to be completed under this Contract, which is provided for reference purposes only. In the event of a conflict between Table 1 and Table 2 of this Exhibit B, the compensation rates set forth in Table 1 will control.
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Table 2 Year 1 Year 2 Year 3 Year 4 Year 5 Estimated Annual Combined Revenue Hours (A) 70306 70306 70306 70306 70306 Fixed Costs: Management Wages $ 251,792.77 $ 259,346.55 $ 267,126.95 $ 275,140.76 $ 283,394.98 Management Benefits $ 152,165.30 $ 156,730.26 $ 161,432.17 $ 166,275.13 $ 171,263.39 Road Supervisor Wages $ 77,126.40 $ 79,440.19 $ 81,823.40 $ 84,278.10 $ 86,806.44 Road Supervisor Benefits $ 42,850.58 $ 44,136.10 $ 45,460.18 $ 46,823.99 $ 48,228.71 Dispatch/Resv/Clerical Wages $ 347,487.64 $ 357,912.27 $ 368,649.64 $ 379,709.13 $ 391,100.40 Dispatch/Resv/Clerical Benefits $ 209,517.55 $ 215,803.08 $ 222,277.17 $ 228,945.48 $ 235,813.85 Office Equipment and Supplies $ 20,600.00 $ 21,218.00 $ 21,854.54 $ 22,510.18 $ 23,185.48 Mechanic Wages $ 784,572.59 $ 808,109.77 $ 832,353.06 $ 857,323.65 $ 883,043.36 Mechanic Benefits $ 503,853.01 $ 518,968.60 $ 534,537.66 $ 550,573.79 $ 567,091.00 Contract Labor Cost (Accident) $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 Contract Support $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Insurance $ 283,250.00 $ 291,747.50 $ 300,499.93 $ 309,514.92 $ 318,800.37 One-Time Startup Costs $ 134,000.00 $ 134,000.00 $ 134,000.00 $ 134,000.00 $ 134,000.00 Subtotal Fixed Costs (B) $ 2,869,215.84 $ 2,949,412.32 $ 3,032,014.68 $ 3,117,095.13 $ 3,204,727.98 Variable Costs: Transit Driver Wages $ 2,143,956.00 $ 2,208,274.68 $ 2,274,522.92 $ 2,342,758.61 $ 2,413,041.37 Transit Driver Benefits $ 1,163,889.00 $ 1,198,805.67 $ 1,234,769.84 $ 1,271,812.94 $ 1,309,967.32 Vehicle Equipment and Parts $ 506,604.00 $ 521,802.12 $ 537,456.18 $ 553,579.87 $ 570,187.27 Uniforms, Drug testing, licensing, exams $ 73,542.00 $ 75,748.26 $ 78,020.71 $ 80,361.33 $ 82,772.17 Subtotal Variable Costs (C) $ 3,887,991.00 $ 4,004,630.73 $ 4,124,769.65 $ 4,248,512.74 $ 4,375,968.12 Total Costs (Add Fixed Costs and Variable Costs) $ 6,757,206.84 $ 6,954,043.05 $ 7,156,784.34 $ 7,365,607.87 $ 7,580,696.10 Cost per Vehicle Revenue Hours ( C divided by A) $ 55.30 $ 56.96 $ 58.67 $ 60.43 $ 62.24 Monthly Administrative Cost (B divided by 12) $ 239,101.32 $ 245,784.36 $ 252,667.89 $ 259,757.93 $ 267,060.66
SacRT is solely responsible for providing timely written notice to City of any claims for additional compensation and/or time in accordance with the provisions of this Contract. SacRT must submit a claim for additional compensation and/or time before it has performed any work, explaining why SacRT believes the requested additional compensation is appropriate and not already within the compensation amount provided for herein. City must approve all requests in writing prior to SacRT
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performing the work. Therefore, SacRT’s failure to provide timely notice prior to performing the subject work will constitute a waiver of SacRT’s claims for additional compensation and/or time.
SacRT is not entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by City, or the failure or refusal to issue a modification, or the happening of any event, thing, or occurrence, unless it has given City due written notice of a potential claim. The potential claim must set forth the reasons for which SacRT believes additional compensation may be due, the nature of the costs involved, and the amount of the potential claim.
If there is a dispute over any claim, SacRT must continue to work during the dispute resolution process in a diligent and timely manner in accordance with the terms of this Contract. SacRT shall maintain cost records of all work that is the basis of any dispute. If an agreement can be reached which resolves SacRT’s claim, the parties will execute an agreement in writing to document the resolution of the claim. If the parties cannot reach an agreement with respect to SacRT’s claim, SacRT may choose to pursue available remedies in accordance with the terms of this Contract.
Under no circumstances may the aggregate amount paid under this Contract exceed the amount specified in Section 4A (Compensation) of the Contract. If the Contract is approved by City Council, all compensation paid to SacRT each year must meet the cost limitation set forth in City of Elk Grove Municipal Code Chapter 3.42.
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EXHIBIT E – INSURANCE REQUIREMENTS
Prior to commencement of any work under this Contract, SacRT must provide to City proof of, and maintain in full force and effect at all times during the term of the Contract and for such other period as may be required herein, at its sole cost and expense, policies of insurance in the amounts and form as set forth herein against claims for injuries to persons or damages to property which may arise from or be in connection with the performance of the work under this Contract by SacRT and SacRT’s agents. These requirements may be satisfied through verification of self-insurance coverage by SacRT.
SacRT is also required to assess the risks associated with work to be performed by SacRT’s agents under subcontract and to include in every subcontract the requirement that the agent maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that any SacRT’s agent does not procure and maintain such insurance coverage, SacRT is responsible for said coverage and assumes any and all costs and expenses that may be incurred in securing said coverage or in fulfilling SacRT’s indemnity obligation as to itself or any of SacRT’s agents in the absence of coverage.
A. INSURANCE REQUIREMENTS
1. General Liability:
Commercial general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.
Coverage must be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
Claims-made coverage is not acceptable.
The limits of liability must not be less than:
Each occurrence: Five Million Dollars ($5,000,000)
Products & Completed Operations: Five Million Dollars ($5,000,000)
Personal and Advertising Injury: Five Million Dollars ($5,000,000)
If a general aggregate limit of liability is used, the minimum general aggregate must be twice each occurrence limit or the policy must contain an endorsement stating that the general aggregate limit must apply separately to the project that is the subject of the Contract.
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If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate must be twice the each occurrence limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the Contract.
SacRT must not combine primary, umbrella, and excess liability coverage to achieve the total limits indicated above. SacRT may combine primary, umbrella, and excess liability to achieve any aggregate limit requirements
Policy(s) must include a provision or endorsement waiving all rights of subrogation against City, its officials, officers, employees, volunteers, and agents for losses arising from work performed by SacRT.
Policy(s) must include a provision or endorsement naming City, its officials, officers, employees, volunteers, and agents, each as additional insureds with respect to any potential liability arising out of activities performed by or on behalf of SacRT, products and completed operations of the SacRT, premises owned, occupied, or used by SacRT, or automobiles operated, owned, leased, hired, or borrowed by SacRT.
Provision of prescribed insurance, Insurance Services Offices Commercial General Liability Coverage CG001, or its equivalent, will not be construed as either a limitation on or satisfaction of the hold harmless or indemnity agreement contained in Section 23 of the Contract.
Policy(s) must not exclude abuse and molestation coverage and must not establish sub-limits of liability for abuse and molestation coverage.
2. Commercial Automobile Liability:
Commercial automobile liability insurance providing protection against claims of bodily injury and property damage arising out of the ownership, operation, maintenance, or use of owned, hired, and non-owned vehicles. Coverage must be at least as broad as “Insurance Services Office Business Auto Coverage Form CA 0001,” symbols 1 (Any Auto). The limits must not be less than:
Combined Single Limit Five Million Dollars ($5,000,000)
SacRT may not combine primary, umbrella, and excess liability coverage to achieve the total limits indicated above.
Policy(s) must include a provision or endorsement naming City, its officials, officers, employees, volunteers, and agents, each as additional insureds with respect to automobiles operated, owned, leased, hired, or borrowed by SacRT.
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Policy(s) must include a provision or endorsement waiving all rights of subrogation against City, its officials, officers, employees, volunteers, and agents for losses arising from work performed by SacRT.
3. Comprehensive and Collision / Physical Damage / Garagekeepers / On-Hook:
SacRT is responsible for physical damage loss to all City-owned and SacRT-owned vehicles unless if it is determined by mutual agreement between the Parties or by a court of competent jurisdiction that City has damaged any SacRT-owned or City-owned vehicles. Policies must include coverage for loss resulting from collision, specified perils including fire, lightning, windstorm, hail, earthquake, explosion, theft, vandalism and mischief, flood, overturn, and loss resulting from maintenance and repair of vehicles. Policies shall also include coverage for any loss occurring while vehicles are in the care, custody, and/or control of SacRT including while being parked and/or stored in service or out of service (Garagekeepers) or transported (On-Hook/Cargo).
Limits must not be less than:
Comprehensive and Collision / Physical Damage
Per Occurrence Ten Million Dollars ($10,000,000)
Per Vehicle Five Hundred Thousand Dollars ($500,000)
Garagekeepers
Per Occurrence Five Hundred Thousand Dollars ($500,000)
Aggregate One Million Dollars ($1,000,000)
On-Hook/Cargo
Per Occurrence Five Hundred Thousand Dollars ($500,000)
Aggregate One Million Dollars ($1,000,000)
For any loss, SacRT must pay to restore damaged vehicle to its pre-loss condition. A vehicle’s pre-loss condition will be determined by City. Should the cost to restore a damaged vehicle, minus its salvage value exceed its replacement value, SacRT must pay to City its replacement value minus its salvage value. Salvage value and replacement value will be determined by City.
City of Elk Grove shall be named as loss payee for all City-owned vehicles and equipment on the vehicles.
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4. Workers’ Compensation and Employer’s Liability:
Worker's Compensation Insurance, with coverage as required by the State of California (unless SacRT is a qualified self-insurer with the State of California), and Employers Liability coverage. SacRT must execute a certificate in compliance with Labor Code Section 1861, on the form provided in Exhibit F of this Contract.
Employer’s Liability Coverage must not be less than One Million Dollars ($1,000,000) per occurrence.
Policy(s) must include a provision or endorsement waiving all rights of subrogation against City, its officials, officers, employees, volunteers, and agents for losses arising from work performed by SacRT.
5. Umbrella and Excess Liability:
Policy(s) must include coverage over both the general and auto liability policies and shall follow form of the underlying general and auto liability policies, including all required endorsements.
The limit of liability must not be less than Twenty Million Dollars ($20,000,000) per occurrence.
6. Employee Dishonesty / Fidelity Bond:
SacRT must secure for its employees Employee Dishonesty Insurance, a Fidelity Bond, or other security acceptable to City, protecting City from employee theft. Policy(s) must cover SacRT’s officials, agents, and employees with access to funds received by SacRT.
Coverage must not be less than One Million Dollars ($1,000,000) per occurrence.
City of Elk Grove must be named as loss payee.
7. Pollution Legal Liability:
Coverage for losses caused by sudden and non-sudden pollution conditions resulting in, but not limited to, bodily injury, personal injury, property damage, cleanup and remediation costs of property regardless of ownership, and emergency response cost coverage.
The limits of liability per occurrence must not be less than One Million Dollars ($1,000,000)
City, its officials, officers, employees, volunteers, and agents must be named as additional insureds with respect to any potential liability arising out of the performance of any work under the Contract.
Coverage must include provision or endorsement waiving all rights of subrogation against City, its officials, officers, employees, volunteers, and agents.
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Upon termination of this Contract, the same insurance requirements in Section A(7) of this exhibit will apply for a one (1) year period following such termination. A “tail” policy may be purchased as an alternative to satisfy this requirement.
B. GENERAL INSURANCE PROVISIONS
Policy(s) must include a provision or endorsement that such insurance is primary insurance as respects the interest of City, its officials, officers, employees, volunteers, and agents that any other insurance, risk pool membership, or other liability protection maintained by City is excess to the insurance required hereunder, and must not be called upon to contribute to any loss unless and until all limits available under SacRT's insurance policy/policies have been paid.
If applicable, policies must include a provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its officials, officers, employees, volunteers, and agents.
“Cross Liability” or “Severability of Interest” clause(s) providing that SacRT’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, City.
SacRT must furnish City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At any time by written request of City, SacRT agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions.
If City requires SacRT to increase the amounts and types of insurance coverage required hereunder at any time during the term of the Contract, SacRT will be entitled to an equitable adjustment in compensation, not to exceed its verified direct cost to acquire the requested additional coverage.
SacRT must serve City notice, in writing by certified mail, within two days of any notices received from any insurance carriers providing insurance coverage under this Contract that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non-renewal, or material changes of coverage proposed or otherwise.
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If SacRT fails to procure or maintain insurance as required by this section or fails to furnish City with proof of such insurance, City, at its discretion, may procure any or all such insurance or may declare this Contract suspended or terminated. Premiums for such insurance procured by City will be deducted and retained from any sums due SacRT under the contract.
Failure of City to obtain such insurance in no way relieves SacRT from any of its responsibilities under this Contract.
The making of monthly payments to SacRT will not be construed as relieving SacRT or SacRT’s agents of responsibility for loss or direct physical loss, damage, or destruction as specified in this Contract. The failure of City to enforce in a timely manner any of the provisions of this section does not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.
The requirement as to types, limits, and City’s approval of insurance coverage to be maintained by SacRT are not intended to, and will not in any manner, limit or qualify the liabilities and obligations assumed by SacRT under this Contract.
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EXHIBIT F – CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
The undersigned, on behalf of and as the duly certified representative of SacRT, certifies as follows:
1. SacRT is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and SacRT has complied or will comply with such provisions before commencing the performance of the work of this Contract (Cal. Labor Code §1860, §1861).
2. If SacRT fails to secure Workers’ Compensation coverage as required by the State of California, SacRT must release, hold harmless, defend and indemnify City of Elk Grove from and against any damage, liability, claim, cause of action and any other loss, including without limitation, court costs, reasonable attorney’s fees and costs resulting from any failure to take and/or maintain Workers’ Compensation insurance as required by law. The provisions of this Exhibit will survive termination, suspension and/or completion of this Contract. It is further understood and agreed that this release and assumption of risk is to be binding on SacRT’s successors, heirs and assigns.
SACRT
By: ______
Date: ______
Name: ______
Title: ______
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EXHIBIT G - SECURITY ACCESS POLICY
A City-issued access card must be issued before any individual may access City facilities or perform work under this Contract. SacRT hereby agrees to the following:
a) Prior to issuance of an access card, SacRT will provide City, in writing, the following notice:
a. Name and position of employee or contractor, and
b. Statement SacRT has completed a background check on the individual (including Live Scan if required by SacRT policy and/or regulations), and the individual has fully met the requirements of that background check and the requirements under this Contract.
b) SacRT and its employees and/or subcontractors agree to wear the assigned visitor lanyard attached to access card at all times.
c) SacRT agrees that access card must not be used as a form of identification or for any purpose other than in connection with authorized work to be performed under this Contract.
d) SacRT agrees to monitor Access Key Card(s) issued to them and only allow those employees that have been Live Scanned and cleared a background check to have access to the card(s).
e) SacRT agrees to notify City immediately following an employee’s separation from employment or work under this Contract, but no later than 24 hours after SacRT receives notice of the termination or resignation. SacRT must retrieve the key card from that employee’s possession within 72 hours, or as soon as possible thereafter, and promptly return it to City.
f) SacRT agrees that its employees will access only the areas necessary for the service to be provided, and to leave the premises immediately upon completion of duties.
g) SacRT agrees access cards are the property of City and must immediately be surrendered upon request by a City of Elk Grove employee. If a City of Elk Grove employee requests surrender of an access card without good cause, and, as a consequence, SacRT is prevented from performing its obligations under this Contract, SacRT will have no liability or responsibility for that employee’s failure to perform.
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EXHIBIT H - LICENSE AGREEMENT
This License Agreement (“Agreement”), executed in Elk Grove, California on the ______day of ______, 2019, between City of Elk Grove, hereafter known as the “Licensor” or “City” and Sacramento Regional Transit District, hereafter known as the “Licensee” or “SacRT”.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. DESCRIPTION OF PREMISES
Licensor hereby leases to Licensee on the terms and conditions hereinafter set forth, a portion of the facility located at 10250 Iron Rock Way, Elk Grove, California (the “Premises”). A drawing of the Premises is included as Exhibit H “Attachment 1 and Attachment 2,” attached hereto and incorporated herein. SacRT will have exclusive use, subject to City’s access for inspection, maintenance, and repairs of the following portions of the Facility: Transit Maintenance Shop shown on Attachment 1 and the “workstation” locations shown on Attachment 2. Those locations will be referred to as the “Exclusive Use Portion.” All other portions of the Premises will be for SacRT’s non-exclusive use.
Prior to assuming occupancy of the Premises, SacRT will conduct an inspection of the Premises and notify City of any identified deficiencies in the equipment, resources and facilities. City must promptly remedy any material deficiencies identified by SacRT. SacRT will not take occupancy of the Premises until such time as the material defects are remedied and will not be held responsible for any failure to comply with the Contract (as defined below) as a result of City’s failure. City represents and warrants that, as of the time Licensee takes possession of the Premises, the Premises are fit for SacRT’s intended use under the Contract and that SacRT will only be responsible for repairs to the Premises as specifically set forth in this Agreement; and (2) that City will maintain all non-exclusive use portions of the Premises in good condition and repair during the term of this Agreement.
2. TERM
The term of this Agreement is coterminous with the City of Elk Grove - SacRT Contract for Fixed Route, ADA Paratransit/Dial-A-Ride, and Maintenance Operations, contract ref. ______, between City of Elk Grove and Sacramento Regional Transit District, (hereinafter referred to and identified as the “Contract”), and this Agreement is subordinate to the Contract and will terminate or expire when the Contract terminates or expires, pursuant to Section 2 (Term of Contract) of the Contract. In addition, this License may be terminated as set forth in paragraph 14, below.
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2.1 RENEWAL
Provided Licensee is in not in default, this Agreement will automatically renew for the same period that the Contract is extended pursuant to Section 2 (Term of Contract) of the Contract, if and only if the Contract is extended by Licensor, if at all.
3. RENT
For the term of this Agreement, Licensee must pay rent to Licensor in the amount of One Dollar ($1.00) per year, in advance, with the first payment due on the first day of the commencement of this Agreement without written notice or demand, and without deduction or offset (“Rent”). Thereafter, the Rent must be paid annually, in advance on or before July 1st of each year throughout the term of this Agreement. Licensee is not entitled to discount or prorate the Rent in the event the Agreement terminates before the end of the calendar year.
Payments must be made to City at the following address:
CITY OF ELK GROVE – TRANSIT SYSTEM MANAGER
8401 Laguna Palms Way
Elk Grove, California 95758
4. USE
The Premises are licensed to Licensee for the purpose of operating a bus transportation business, including administrative operations, dispatch, maintenance, potential fueling, and parking, only as is consistent with the Contract. Licensee must not use, or permit said Premises, or any part thereof, to be used, for any purpose or purposes other than that for which is allowed under the Contract or this Agreement.
5. ALTERATIONS, MECHANICS’ LIENS
Licensee must not make, or suffer to be made, any alterations of the Premises, or any part thereof, without the prior written consent of Licensor. Any permitted additions to, or alterations of, said Premises, with the exception of movable furniture and trade fixtures, will become at once a part of the realty and belong to Licensor. Licensee must keep the demised Premises and the property in which the demised Premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by Licensee. At the outset of the term of this Agreement, Licensee must maintain a room for conference purposes within the above mentioned Premises, which conference room must have access to an exterior entrance/exit, be able to be secured from the rest of
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the Premises and be available exclusively to City from 6pm to midnight Monday through Friday and all day on Saturdays and Sundays.
6. UTILITIES
Licensor must pay for all gas, heat, light, power, telephone service, and all other services supplied to the Premises.
7. REPAIRS
Except as otherwise stated in this Agreement, Licensee must, at its sole cost, keep and maintain the Exclusive Use Portion and appurtenances to and every part thereof in good and sanitary order, condition, and repair, with the exception of the following items, which will be repaired and maintained by Licensor during the term of this Agreement: fire suppression system, roof, foundation, walls, paving, heating ventilation and air conditioning (HVAC) system, electrical wiring and conduit, Compressed Natural Gas (CNG) Detection, landscape maintenance, custodial services, pest and rodent control, major plumbing and sewer (defined as a repair under the surface of the ground or foundation), and elevator and elevator maintenance and, in addition, City must keep and maintain all non-exclusive portions of the Premises in good and sanitary order (“City Maintenance and Repair Items”). Notwithstanding the foregoing, Licensee will be responsible for the cost to repair and/or remedy damages caused by Licensee to City’s Maintenance and Repair Items.
Licensee may conduct a physical inspection of the Premises, at its expense, prior to the commencement of this License, as set forth in Section 33.P of the Contract.
8. INDEMNIFICATION
Pursuant to Government Code Section 895.4, each party must assume the defense of and indemnify and hold harmless the other party and its officers, employees and agents from and against all actions, damages, costs, liabilities, claims, penalties, fines, demands, losses and expenses, including reasonable attorneys’ fees (collectively “Claim(s)”), to which any or all of them may be subjected by reason of or resulting from, directly or indirectly, the negligent act or omission or wrongful act of the party’s officers, employees and agents in performing work authorized under this Contract; provided however, that City will not be obligated to defend, hold harmless and indemnify SacRT as set forth in this paragraph to the extent a Claim results from SacRT’s performance of its obligations as set out in the Contract, including, without limitation, the obligations set forth in this Agreement.
It is the intent of the parties that where negligence or responsibility for a Claim is determined to be shared, principles of comparative fault will apply and each party must bear the proportionate cost of any Claim attributable to that party’s negligence or wrongful act.
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Each party will reasonably notify the other party, when appropriate, of any Claim under this Contract received by a party that may lead to a demand for indemnification under this Article. The parties agree to cooperate in the defense of any Claim alleging liability by both parties. All reasonable efforts will be made to reach consensus on each party’s responsibility for any Claim before the filing of by either party of any judicial proceeding or cross complaint. If consensus on liability for the Claim is reached, a joint defense strategy and cost sharing arrangement may be agreed to.
Nothing set forth in this Contract shall (i) be considered a waiver of any statutory liability exemption, including, without limitation, design immunity and notice of a dangerous condition of public property, (ii) be considered a waiver of City’s right to require property owners to repair sidewalks and assume liability for Claims resulting from sidewalk defects, or (iii) establish a standard of care or create any legal rights for any person not a party to this Contract. This indemnification provision will survive the termination of the Contract and this Agreement.
Licensee agrees to be responsible for any and all damage to the Premises, its contents, and/or City-owned maintenance equipment stored thereon arising out of Licensee’s acts or omissions under this Contract. Licensee further agrees to be responsible for damage to adjoining City-owned premises, contents, and equipment, outside of Licensee’s care, custody, or control, due to structural damage, fire, smoke, or water arising out of Licensee’s acts or omissions under this Contract.
9. INSURANCE
Licensee must provide to City proof of, and maintain in full force and effect at all times during the life hereof, at its sole cost and expense, policies of insurance as set forth herein:
10. 1 PREMISES LIABILITY INSURANCE. Liability insurance to protect against any liability to the public, incident to the use of, or resulting from, any accident occurring in or about Premises, the liability under such insurance to be not less than $1,000,000.00 for any one person injured, or $1,000,000.00 for any one accident, or $50,000.00 for property damage. Premises must be specifically named on policy declaration page or in policy location schedule. City, its officials, employees, agents and volunteers must be covered and specifically named as additional insured. Policy must contain a provision or endorsement that waives any rights of subrogation against City, its officers, officials, employees, agents, and volunteers. Premises liability coverage may be provided by Licensee’s general liability policy if coverage is acceptable to City. This requirement may be satisfied by evidence of self-insurance and may also be satisfied by any general liability coverage or self-insurance that does not exclude premises liability.
10.2 OTHER INSURANCE PROVISIONS. Policies must contain no special limitations on the scope of coverage afforded to City. Policies must contain provision or endorsement stating that for any claims the Licensee’s insurance coverage will be primary insurance as respects City to the extent City is an additional insured. Any insurance or self-insurance maintained by City must be in excess of the Licensee’s insurance and must not contribute with it, to the payment
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or satisfaction of any defense expenses, loss or judgment. Any failure to comply with reporting or other provisions of the policies on the part of the Licensee, including breaches of warranties, will not affect Licensee’s requirement to provide coverage to City Insurance. To the extent the insurance requirements are not satisfied by self-insurance, insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
10. ASSIGNMENT OR SUBLETTING
Licensee must not assign or sublet the Premises licensed, or any portion thereof, or permit others to occupy it without Licensor’s written consent, which consent shall not be unreasonably withheld.
11. ATTORNEY’S FEES ON DEFAULT
In case suit is brought for an unlawful detainer of the said Premises for the recovery of any rent due under the provisions of this Agreement, or because of the breach of any other covenant herein contained by either party, the prevailing party in such action will, in addition to any judgment obtained, be entitled to recover a reasonable attorney fee from the losing party which fee shall be fixed by the court.
12. DELIVERY AT END OF TERM
Licensee shall deliver the Premises licensed to Licensor or its successors and assigns at the end of this Agreement term or any extension thereof, without further demand or notice, and in as good order and repair as it is now, or may hereafter be put improved, allowing for reasonable wear and tear.
13. LICENSOR’S RIGHT TO TERMINATE OR SUSPEND LICENSE
Any termination or suspension of this Agreement will be made pursuant to Section 11, (Termination or Suspension) of the Contract referenced in Article 2.1 above. Notwithstanding the foregoing, Licensor may terminate this Agreement without a corresponding termination of the Contract if alternative facilities are secured for use by Licensee to perform the obligations required under the Contract, and Licensee and Licensor have reached an agreement, in writing, providing for the use and/or payment of those alternative facilities.
14. DAMAGE OR DESTRUCTION
If at any time during the term of this Agreement, the Premises are rendered not tenantable as a result of fire or other casualty, not the fault of Licensee, this Agreement will terminate and Licensee will be relieved of its obligations to perform under the Contract to the extent performance is rendered impossible or impracticable due to the unavailability of the Premises until such time as Licensor provides suitable replacement property and facilities. Notwithstanding the foregoing, this Agreement
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and the related Contract will not terminate if alternative facilities are secured that would allow Licensee to perform its obligations under the Contract.
15. LICENSOR’S WARRANTY AND COVENANT OF QUIET ENJOYMENT
Licensor represents and warrants that it holds fee simple title to the real estate and that the Premises are in fit condition and are suitable for the proposed use hereunder. Licensee represents that it has inspected the Premises and has made its own determination that the Premises are in fit condition and are suitable for the proposed use hereunder. Licensor further warrants that the Premises comply with all laws, rules and regulations of governmental authorities with respect to the condition and proposed use of the Premises. Licensor further covenants that Licensee, upon payment of rent and performance of all covenants herein set forth, must and may peacefully and quietly have, hold and enjoy the licensed Premises for the term herein stated. Licensor must warrant and defend Licensee in the enjoyment and peaceful possession of the Premises throughout the term of this Agreement.
16. HAZARDOUS WASTE AND ENVIRONMENTAL MATTERS
Licensee must at all times comply with federal, state and local laws pertaining to hazardous wastes and environmental matters, including, without limitation the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C 9601 et seq (“CERCLA”) and the California Environmental Quality Act, 14 Cal. Code Regs. §§ 15000 et seq. (“CEQA”). Licensee hereby waives and relinquishes any indemnification by, or from Licensor, express or implied, for any costs or liabilities arising out of or related to the discharge, release or presence of any hazardous or toxic waste, substance or constituent or other substance on, in, or from the Exclusive Use Portion or the non- exclusive use portion of the Premises, which was caused by Licensee, and/or its officers, agents, contractors, employees, which discharge, release or presence first occurs on or after the date of occupancy and before the end of this Agreement’s term or any extensions or renewals thereof. Licensee must indemnify, hold harmless, and defend Licensor against and in respect of any and all liability, claim, loss, cost, damage, expense (including attorneys’ fees and remedial costs), fine, penalty, suit, demand, or other action, including but not limited to those matters relating to the death, dismemberment or other injury to any person, asserted against Licensor resulting from, arising out of, relating to or in connection with the (i) release by Licensee, its agents, or employees, from or upon the Premises of any hazardous or toxic substance, waste, constituent or other substance into the environment; (ii) any arrangement by Licensee for the treatment, recycling, storage or disposal at any facility owned or operated by any person or entity of a hazardous or toxic substance, waste, constituent or other default substance which has been or may be deposited at, disposed on, or released onto the Premises; and (iii) clean up or other remedial measures with regard to environmental pollution caused by Licensee, which may be required by any governmental agency pursuant to federal, state or local statutes or regulations, including, without limitation, CERCLA and CEQA.
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Licensor hereby waives and relinquishes any indemnification by or from Licensee, express or implied, for any discharge, or release of any hazardous or toxic waste substance, or constituent or other substances on, in, or from the Premises, which presence, discharge, or release occurs before the date of occupancy and after the expiration of this Agreement or any extensions or renewals thereof or is the result of conduct by Licensor or its agents or employees. Licensor must indemnify, hold harmless, and defend Licensee against and in respect of any and all liability, claim, loss, costs, damage, expense (including attorneys’ fees and remedial costs), fine, penalty, suit, demand, or other action, including but not limited to those matters related to the death, dismemberment or other injury to any person, asserted against Licensee resulting from, arising out of, related to or in connection with the: (i) release from or upon the Premises of any hazardous or toxic substance, waste, constituent or other substance into the environment; (ii) the treatment, recycling, storage or disposal at any facility owned or operated by any person or entity of a hazardous or toxic substance, waste, constituent or other substance which has been deposited at, disposed on, or released onto the Premises; and (iii) clean up or other remedial measures with regard to environmental pollution caused by Licensor, its affiliated or agents, which may be required by any governmental agency pursuant to federal, state or local statutes or regulations, including without limitation, CERCLA and CEQA.
17. TAXES AND POSSESSORY INTEREST
Licensee agrees to pay all lawful taxes, assessments, or charges which at any time may be levied upon the Premises and Licensee’s property. It is understood that this Agreement may create a possessory interest subject to property taxation and Licensee may be subject to the payment of taxes levied on such possessory interest.
18. WAIVER
The waiver by Licensor of the timely performance of any term, covenant or condition, contained in this Agreement, will not be deemed to be a waiver of any subsequent breach of such term, covenant or condition, or of any other term, covenant or condition contained in this Agreement. Any waiver by Licensor of the terms, covenants or conditions hereof may only be made in writing, signed by City Manager and approved as to form by City Attorney.
19. BINDING EFFECT
The terms of this Agreement and covenants and agreements herein contained apply to and bind and inure to the benefit of the heirs, representatives, assigns, and successors in interest of the parties hereto.
20. ENTIRE AGREEMENT/AMENDMENT
This Agreement, the Contract referred to herein, and all exhibits attached thereto, constitute the entire agreement between the Licensor and Licensee with respect to the matters provided for
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21. TIME OF ESSENCE
Time is of the essence for the performance of each and every provision of this Agreement.
22. GOVERNING LAW
This Agreement and all provisions herein is governed by the laws of the State of California and venue is proper in the County of Sacramento, State of California.
23. AUTHORITY OF SIGNATORIES
Licensor and Licensee represent and warrant that the persons executing this Agreement are duly authorized to execute and deliver the same on behalf of the entity for which he or she is signing (whether it be a corporation, limited liability company, general or limited partnership, or otherwise), and that this Agreement is binding upon said entity in accordance with its terms.
IT IS AGREED: IT IS AGREED:
LICENSEE LICENSOR
SacRT City of Elk Grove
By:______By:______Jason Berhmann, City Manager
Date:______Date:______
Approved as to form Approved as to form
By:______By:______Jonathan Hobbs, City Attorney City of Elk Grove Name: ______Counsel for Licensee
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EXHIBIT H –10250 IRON ROCK WAY, STE. 200, ELK GROVE, CA (FACILITY)
Attachment 1: City of Elk Grove Corporation Yard Site Plan
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Attachment 2: City of Elk Grove Corporation Yard Workstations for Transit
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EXHIBIT I –SACRT’S OPERATIONS PLAN1
I. ORGANIZATIONAL STRUCTURE
SACRT ORGNIZATIONAL CHART FOR CITY’S TRANSIT OPERATIONS
City of Elk Grove Transit System Manager
Operations Superintendent
Operations Dispatchers/ Maintenance Training Road Reservationists Data Analyst Supervisor Specialist Supervisors
Operators Mechanics Service Workers
SacRT COMMITMENT
SacRT will provide transit operations and maintenance management at a level and capability to oversee its functions and employees. The services to be provided are fixed route service (both local and commuter), paratransit/Dial A Ride service, and vehicle maintenance operations.
SacRT will be responsible for safe and reliable transit service including supervision of daily activities of all drivers, dispatchers, and other personnel necessary to support system
1 In the event of a conflict between the terms of this Exhibit I Operations Plan and the remaining terms of this Contract, the remaining terms of this Contract control.
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operations. SacRT will develop, implement, and maintain formal procedures to be used for system monitoring and road supervisory functions.
Employee Performance
SacRT is solely responsible for performance of its employees and will take appropriate action to ensure employees perform in a professional acceptable manner. SacRT must regularly perform ride checks and view video to monitor driver performance.
ADMINISTRATIVE POSITIONS
Director of Transportation
The principal function of the Director of Transportation is to oversee SacRT’s employees and to ensure safe reliable and efficient service. SacRT’s Director of Transportation will also be the contract compliance manager, which will enhance the flow of the operating environment.
This person is responsible for the safe and high quality operation of the transit system. This responsibility encompasses all efforts defined within the scope of work, including safety, training, maintenance, personnel oversight, operating performance, data collection, reporting, community relations, budgeting, accounting and finance, adherence to policy and procedure, and assist with requests from City as warranted.
The Director of Transportation and Operations Superintendent must meet with City staff weekly to provide updates on service quality, performance numbers, possible trends, and/or other statistics requested. In order to improve the ongoing education and training of its management team, the Director of Transportation must attend periodic conference calls, training sessions, as well as regional and national meetings.
Operations Superintendent
The Operations Superintendent will have primary responsibility for the delivery and monitoring of the transit operations established under this Contract, which includes both maintenance and transportation operation functions. The Operations Superintendent must have three years of direct supervisory experience in public transit operations and is responsible for oversight and supervision of Dispatch Supervisors, bus operators, maintenance employees, and customer service staff.
The Operations Superintendent will be the daily liaison between SacRT’s local field personnel and local management team. The Operations Superintendent will oversee the safe and efficient operation of daily service, in compliance with City policy and in conformance with SacRT’s standard operating procedures. The Operations Superintendent will coach and counsel
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employees, administer progressive discipline when needed in accordance with the Collective Bargaining Agreement (CBA).
The Operations Superintendent reviews all logs and paperwork from the dispatch office and ensures all operator, mechanics, and supervisor shifts are covered.
The Operations Superintendent will assist in human resource functions, managing employee files, and monitoring attendance records. The Operations Superintendent must hold responsibilities in the complaint investigation process, serving as an additional liaison to passengers, clients, and community members.
The Operations Superintendent will ensure that service delivery standards are met including state and federal guidelines as warranted. The Operations Superintendent will be fluent in Trapeze software system or any other scheduling/dispatch software utilized to implement City's transit services.
The Operations Superintendent will assist the Director of Transportation and the Director of Maintenance in all aspects of the transit operations and will work cooperatively with City’s Transit System Manager in matters of assuring service quality, providing operation data, and responding to the general public and requests for other assistance as the need arises. The designation of the Operations Superintendent is subject to the approval of City.
Operations Training Specialist
The Operations Training Specialist must be fully certified in the State of California and adhere to all state and federal requirements for this position. The Operations Training Specialist is responsible for verifying all employees are properly credentialed to perform any and all work assigned to them under the Contract Scope of Work (Exhibit A). The Operations Training Specialist must be fully knowledgeable in applicable local (City of Elk Grove and Sacramento County), California State and Federal safety laws and service requirements. This position will respond to and/or provide for trained staff response to operator accidents and incidents, ensuring appropriate collection of information, documentation of events, and reporting per SacRT and City policies.
The position is responsible for ensuring effective training of SacRT’s team and the safe operation of all service, equipment, and facilities.
This position will serve as the onsite safety officer and the emergency coordinator for location in coordination with SacRT’s Chief of Safety, serving as SacRT’s liaison to local authorities that support safety and emergency preparedness. The Operations Training Specialist will lead all emergency training and makes sure that SacRT’s team is ready to respond to the needs of the community in the event of an emergency.
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The Operations Training Specialist is responsible for establishing the schedule and curriculum for ongoing training activities, and maintains all training documentation for employees as required. This person leads all accident and incident investigation, manages awards for safe driving, facilitates safety meetings, and directs the activities of the safety committee.
The position will oversee the review of video clips downloaded from the DriveCam system or any other onboard video surveillance, and ensures proper follow up. The position shall be responsible for the preparation for and compliance with all State, Federal, and County regulatory audits. The Operations Training Specialist shall be responsible for the creation and maintenance of an overall culture of safety at Elk Grove location. The designation of the Operations Training Specialist is subject to the approval of City.
Maintenance Supervisor
SacRT must protect City’s transit fleet and maximize its useful life by ensuring it is well maintained pursuant to all Original Equipment Manufacturer (OEM), City, California State, Federal, and SacRT standards of safety, operation, and appearance; the Maintenance Supervisor will assist with this work. This position will report to the Operations Superintendent, and will also be under the guidance and supervisions of SacRT’s Director of Maintenance. The Maintenance Supervisor will coordinate and oversee all scheduled and unscheduled maintenance inspections and repairs, and must work closely with the City’s Fleet and Facilities Manager.
The Maintenance Supervisor will ensure that all vehicles in the transit fleet are maintained in a safe and roadworthy condition at all times and that intervals for maximum mileage and time between scheduled periodic maintenance inspections are established, are consistent with manufacturers’ recommendations, and are not exceeded. In addition, the Maintenance Supervisor is responsible for keeping maintenance records in City’s Data Management System which accurately documents all work performed on each vehicle in the fleet, and those parts purchased are properly accounted for. The Maintenance Supervisor must also coordinate with equipment manufacturers regarding warranty issues and specialized training needs, and further manage SacRT’s relationship with vendors/suppliers for the provision of any necessary outside repair work and ancillary services for the maintenance and/or repair of the City’s transit fleet. The designation of the Maintenance Supervisor is subject to approval of City.
Data Analyst
The Data Analyst position is responsible for the on-going management of reporting all service- related information to the City, as required under this Contract, or as requested by the City for the purposes of administering the transit system and services. The Data Analyst’s duties may include, but are not limited to, assisting City staff with the investigation of on-time performance matters, customer service complaints, passenger counting, onboard driver manifest reporting,
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dispatching processes, onboard service technology testing and performance issues, as well as any other service related to the performance of this Contract.
The Data Analyst is primarily responsible for ensuring all operational data is entered into City’s Data Management System on a daily basis. This will include actual miles and hours from the operator's manifest, and daily mileage. The Data Analyst will also assist with reporting missed and late trips, and all other monthly reporting requirements identified by the City. This position will also be responsible for correcting any errors identified by Solutions for Transit as part of their weekly and monthly review duties.
Road Supervision
SacRT will have road supervisors in the field, supervising City’s transit services at all times that there is a revenue vehicle in operation. At a minimum, SacRT will have one (1) Road Supervisor for every twenty-five (25) drivers on the road at any one time. Road Supervisors will be in numbers sufficient but not less than the 1:25 ratio described herein to respond to any incident/accident within a maximum of 20 minutes of the call during revenue operating hours. Dispatch and Road Supervisors may be used for cross-coverage of positions on an as-needed basis.
1. Observed Ride Checks: Observed ride checks are on-board evaluations of an operator’s customer service and safety skills. Areas that are evaluated include safe vehicle operation and professional passenger interaction. During this check, the operator’s credentials are checked to ensure proper certifications are up to date and in the operators’ possession.
2. Unobserved Service Checks: Unobserved service checks are random inspections that assess operators’ driving and safety skills from the road. Road Supervisors perform these checks from their service vehicle (following the operator). Operators typically are unaware that these evaluations are being performed.
3. Mobility Device Securement Spot Checks: These random inspections are on-vehicle reviews of an operators’ ability to safely and properly secure a mobility device. The supervisor meets the operator at a location where a passenger using a mobility device is being picked up, boards the vehicle, and closely observes the manner in which the mobility device is secured.
4. Pull-out/Pull-In Inspections: Pull-out/pull-in inspections are unannounced and occur daily. A supervisor that is stationed in the yard confirms that the operator is in proper uniform, has the appropriate credentials on his or her person, and is prepared for service that day. The supervisor then checks the vehicle to confirm it is clean and ready for service.
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5. End of Operator Shift: When the operator has completed his or her shift, he or she will notify dispatch and head to the yard. The operator ending his or her shift will perform a walk-through of the vehicle to collect any items left on board and dispose of any trash. The operator will then perform a post trip inspection using provided forms.
Road Supervisors are responsible for managing and directing the activities of the vehicle drivers including Driver Vehicle Inspections (DVI’s), on-time performance, maintenance and lift problems, fare issues, farebox problems, accident investigation, assistance in disputes/incidents, determining and working with detours for City’s transit routes. Road Supervisors will be available to transport passengers in the event of a breakdown, etc.
In addition to the above, Road Supervisor responsibilities include, but are not limited to the following:
1. Ride checks, site checks, and road observations
2. Incident and accidents response and reporting
3. Wheelchair securement and cleanliness checks
4. Assist in dispatch on an as needed basis
5. Accompany operators to medical facilities as required after accident or; ensure proper administration of post-accident drug and alcohol testing
6. Ensure operators are fit for duty, meet uniform and equipment standards and are in possession of proper licensing and certifications
7. Assist operators with service of passengers’ problems
8. Assist dispatch and maintenance staff with vehicle change outs in the field
9. Other duties as assigned
SacRT will provide Road Supervisors with a separate, independent radio communications system. Cell phones are permissible, but may only be operated in accordance to Department of Motor Vehicles (DMV) laws.
SacRT will provide vehicle(s) for Road Supervision for the City’s Transit services. The vehicle(s) will never be older than five (5) years or have more than 150,000 miles during the term of the contract and will be the responsibility of SacRT to replace, clean, fuel, and maintain. The vehicle(s) will be of adequate size, equipped with safety lighting and be clearly identified with City approved transit decals.
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SacRT will purchase, own and maintain one road supervisor vehicle approved by City to adhere to the requirements of the Contract. City-owned vehicles will only be used for revenue service. SacRT will not use any City-owned and/or any revenue service vehicle for the Road Supervisor’s duties, driver relief duties, and/or maintenance duties under this Contract.
Dispatch Supervisor Requirements
SacRT will have sufficient Dispatch Supervisors on duty during all revenue service hours to ensure adequate coverage and oversight of the service. Dispatch Supervisors are responsible for SacRT coordination and communications with the drivers. Dispatch and Road Supervisors may be used for cross-coverage of positions on an as-needed basis. Dispatch Supervisors will receive all mandated State and Federal training needed to perform duties as noted above. Dispatch Supervisors will monitor on-road activities and ensure the safe and efficient operation of all vehicles, making sure the service is high quality from the daily pull-out to the return to yard.
Dispatch Supervisors respond to on-road situations (incidents, accidents, and passenger disturbances). They also provide on-road observations and perform outreach. Dispatch Supervisors also work within the service area and are dispatched to the scene of any breakdowns, incidents/accidents, etc. Standby and extra board operators are coordinated by the Dispatch Supervisor in the event that an operator does not report on time. These individuals coordinate with the maintenance department for vehicle exchanges, maintenance pulls, and submission of vehicle inspection/defect forms.
Dispatch Supervisors will ensure that bus operators change the vehicle head sign from “Out of Service” to the proper route number and name before leaving the City’s Corporation Yard. Dispatch Supervisor will continually monitor service delivery in order to quickly resolve any issues that arise.
In addition to the above Dispatch Supervisor responsibilities include, but are not limited to the following:
1. Scheduling and dispatching bus drivers
2. Bus driver employment counseling and discipline
3. Proper radio protocol
4. Managing and directing the activities of drivers including on-time performance
5. Incident and accidents response and reporting
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6. Wheelchair securement and cleanliness checks
7. Accompanying operators to medical facilities as required after accident or injury; ensure proper administration of post-accident drug and alcohol testing
8. Ensuring operators are fit for duty, meet uniform and equipment standards and are in possession of proper licensing and certifications
9. Assisting operators with service of passengers’ problems
10. Assisting road supervisors and maintenance staff with vehicle change outs in the field
11. Other duties as assigned
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II. OPERATIONS
On-Time Performance
SacRT will provide timely and reliable transit services; this includes maintaining trip completion levels and on-time performance operating levels within the specified arrival and departure times. On-time performance will be closely monitored by City and will be computed on a monthly basis by SacRT. City will not be obligated to pay SacRT for any trip not run in accordance with the published timetable. Immediate notification of OTP will occur by using City’s Data Management System Delay Notification screen.
SacRT operations personnel will also be responsible for notifying passengers of any late and/or missed fixed-route trip using the City’s established Rider Alert system.
Service Requirements
SacRT is responsible for ensuring that connections to neighboring services are met; provided that SacRT does not guarantee or warrant and in no event will be liable if it fails to operate its own “neighboring” service to which City service connects. SacRT is not obligated to operate or maintain any service other than the City service specifically identified in this Contract. SacRT will be further responsible for ensuring that the revenue service it operates under this Contract is per City’s published schedule in print and on the website; any deviations from the City’s published schedule must be approved by City in writing.
CUSTOMER SERVICE
Customer Service and Reservations Telephone Lines
SacRT must staff customer service and reservation telephone lines from 5:30 a.m. to 10:30 p.m. every weekday, from 10 a.m. to 6 p.m. on Saturdays and Sundays. SacRT has an established voice mail system that records any reservations requests outside of these business hours (and on specified holidays). Trip reservations will be accepted by SacRT up to two days in advance or as City’s e-van policies dictate. The transit customer service and reservation telephone lines are programmed to record in-coming calls, and also have the ability to record out-going calls. State law prohibits recording individuals without their knowledge. SacRT must inform all staff that all calls may be recorded, and obtain their written acknowledgment in a form satisfactory to City. SacRT must also train all staff that the recorded telephone lines may only be used for transit operation purposes and that they must fully advise the other party(ies) on the line that the call may be recorded for customer service, training, quality assurance, and other operational purposes.
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Communications and Scheduling Personnel
Dispatch Supervisors must be able to communicate service-related information effectively in English. Bi-lingual English/Spanish dispatch personnel will be available during all hours of operation under this Contract. Dispatch Supervisor will communicate to the drivers via radio. Dispatch Supervisors will respond to requests to talk in the order received, unless a priority request is communicated. In that case, the priority request will take precedence over the other requests. In addition, drivers will inform dispatch whenever a passenger fails to pay their appropriate fare for the trip, all such occurrences will be noted in the dispatch log. SacRT must ensure that all dispatch personnel are trained to proficiency in basic customer service techniques and that such personnel have a comprehensive understanding of all policies and procedures that are associated with all programs specified within this scope of work.
Customer Service Requirements
SacRT must staff telephone lines dedicated to customer service requests. All customer service lines may be recorded by City for quality control and operational purposes. SacRT must add Customer Service personnel or require re-training, if City determines there is an unacceptable pattern or practice is established of callers being placed on “hold,” because insufficient personnel is available to answer telephones or handle Customer Service duties.
SacRT’s employees will treat all passengers in a courteous and respectful manner consistent with good business practices. If City determines that a pattern of customer service relations complaints exists, SacRT will improve, enhance and supplement its customer relations training program to City’s satisfaction and retrain or re-staff its personnel as necessary to reduce complaints.
Additionally, SacRT’s Customer Service Standards are provided as Appendix C. SacRT expects its employees to uphold these customer service standards while on duty and when providing customer service. SacRT will further describe how employees are trained and held to these standards during the course of employment. City retains the right to modify SacRT’s customer service standards as warranted.
ADA Paratransit Eligibility Applications
During the course of providing customer service, SacRT may be responsible for mailing out eligibility applications for ADA Paratransit service as requested. Any completed applications received by SacRT will be returned to City for processing within one business day of request.
Lost and Found
California Civil Code section 2080.1 will be followed when handling any items left on City’s transit vehicles. SacRT will make reasonable attempts to return items to the rightful owner of
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the property. SacRT will make every attempt to return items that are clearly identified as belonging to an individual, agency, or entity. Clear identification includes name, address/phone number, or e-mail address. If items remain lost for a period of four weeks, then SacRT will turn any item with a value of $100.00 or more into City’s Police Department.
Passenger Complaints
City staff will be monitoring, tracking, and responding to residents with customer complaints. All customer comments received by SacRT must be redirected to City for input into City’s Data Management System. City staff will provide SacRT with customer comments received either via SacRT or through City on a daily basis. SacRT will be added to the Customer Comment Notification List, which will ensure comment is received when entered into City’s Data Management System. SacRT will also be responsible for entering all customer complaints that are received directly by SacRT staff into City’s Data Management System.
Definition of a Complaint:
A complaint is defined as any written or verbal communication provided to SacRT, which adversely reflects on City’s transit services, or which relates any incident involving a SacRT- operated vehicle and/or driver. All customer comments received by SacRT via telephone, written correspondence, e-mail, fax, etc. will be entered into City’s Data Management System. If City receives any customer comments, City staff will enter the comments directly into City’s Data Management System. SacRT is responsible for investigating all customer comments, regardless of whether or not they are entered by SacRT or City. If the customer complaint pertains to broader service scheduling, route structuring, or operational matters, then City’s Transit System Manager and/or staff is responsible for addressing the customer complaint, investigation, response and follow-up.
Investigation and Response
Every complaint, concern, suggestion, or commendation concerning personnel and service provided to or received by City must be investigated and a response developed by SacRT. Any complaints that concern bus safety issues, driver behavior, including rudeness, discourtesy, etc., that may result in disciplinary action must be thoroughly investigated with appropriate action taken and documented. SacRT will begin investigating any complaints within three (3) business days of receiving the complaint, and complete the investigation as soon as practical. The investigation/resolution documentation will be entered into City’s Data Management System.
SacRT will investigate, counsel, and take other appropriate actions to resolve the complaint. City staff will review all actions and close customer complaints when all matters regarding the complaint have been resolved.
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WORK SCHEDULES
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ATTENDANCE PROGRAM
Attendance Improvement Program
Regular attendance is an expectation and a part of good performance of all SacRT employees. SacRT recognizes that habitual absenteeism adversely affects operations and employee morale. To ensure scheduled service needs are met employees will be held accountable for adhering to their assigned work schedule. The purpose of a program is to control the attendance of operators in a constructive manner and within the framework of progressive disciplinary procedures.
SacRT believes in an attendance policy based upon the concept that good attendance is a critical function of SacRT’s ability to provide excellent service to SacRT’s and City’s customers and to the community at large.
A good attendance policy is based upon the following factors: Good attendance is expected from all operators. If an Operator has excessive absences, it adversely affects the City’s customers and employees. In the case of excessive absenteeism, SacRT will take disciplinary action, up to and including discharge. When sick leave or other leaves are not used for reasons considered eligible, falsification of a work-related injury or illness, or when used to avoid discipline under this program, the operator will be subject to discharge.
The intent of this policy is to minimize excessive absenteeism by notifying employees of their counted absences when they reach certain levels of absenteeism and by taking appropriate disciplinary action when necessary. The attendance policy is not aimed at employees with “uncounted absences” such as absences that are considered protected absences.
SacRT realizes that there are times when absences cannot be avoided. It is expected that everyone will accumulate counted absences. It is only when counted absences become excessive, and warnings are issued, that an employee needs to be concerned about his/her attendance.
In response to rising operator unscheduled overtime and increase in absenteeism rates, in 2017 SacRT revamped its attendance control procedures. SacRT streamlined attendance tracking, the discipline process, and operator notification. The attendance administration model that was in place was decentralized and all supervisors and managers were trained on the new program, protected leaves, and to accurately track employee attendance. Operators were provided communication on how the new program would affect them and steps on how they could improve their attendance. They were also provided with better attendance record information. The new processes and communication campaign launched April 2017. The new processes implemented along with communications to employees about the importance of attendance made an immediate difference and has proven to be sustainable.
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Significant improvements were made in the reduction of unscheduled overtime and the use of sick leave days. The same model of communications and tracking attendance is proposed to be implemented for City’s transit services.
SacRT will utilize the current Attendance Policy and ATU CBA language for attendance and discipline associated with attendance related issues for operators.
1. An unexcused absence is defined as anytime an employee misses work for one or more consecutive days without prior written approval or utilizing approved earned time off.
2. Operators who will be absent are required to notify their supervisor or dispatch at least one (1) hour prior to the starting time of their work shift. An unexcused absence that has been properly notified shall result in one (1) occurrence point.
3. Unexcused absences are counted using a rolling twelve (12) month period. The rolling 12 months is counted back from the most recent incident of absence. Absences more than 12 months old are not counted.
a. At eight (8) occurrences of absences, a written warning shall occur.
b. At 10 occurrences of absences in a rolling 12-month period shall bring automatic termination.
4. Any employee who has received written approval in advance from SacRT for time off will be considered excused from work. Excused absences do not count against the employee's attendance record. In addition, time off for jury duty, military leave, union business leave, and any leaves of absences protected by law are considered excused absences.
5. Failure to complete an entire shift, once the employee starts and the employee returns to work the following day, is counted as one half (0.5) occurrence, unless excused by a physician verifying that the employee was seen on the day or the employee provides verification of an emergency. No electronic signatures accepted.
6. Missing a required paid meeting counts as one (1) occurrence, unless employee is on approved leave.
7. An emergency is defined as follows: Any unforeseeable situation or circumstance where an employee could not reasonably be expected to communicate with SacRT concerning absence or tardy notification in a timely manner. Examples of said situations may include, but is not limited to, being medically incapacitated, being involved in a traffic accident or having a family member involved in one of the prior situations. By definition, an "Emergency" under the Contract must be verifiable, with the understanding that SacRT and employees must exercise a standard of reasonableness when applying this standard to a given situation.
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SUPERVISION
Supervisors
SacRT’s system exists to provide mobility to the community and Supervisors (Road Supervisors and Dispatchers) provide a key role in its success. In support of City’s Operators and customers, Supervisors focus on professionalism, dependability, courtesy, and safety. Supervisors play an important role in the delivery of service to the community. Professionalism, courtesy, safety and teamwork are always required.
Responsibilities
Supervisor It is the Supervisor’s responsibility to understand all standard operating procedures (SOP) and to follow guidelines and directions given.
Superintendent The Superintendent’s responsibility is to make sure each supervisor is trained on all aspects of the job to a level of proficiency. In addition, they must enforce rules, SOP’s, policies and to make disciplinary decisions when a violation of rules, and/or policies have taken place.
Supervisor’s Operating Manual
The Supervisor is responsible for knowing the details of all sections found in SacRT’s Transportation Supervisor’s SOP Manual, as it may be amended from time to time. The “Manual” is required equipment and thus, should be with the Supervisor as a reference when on duty.
Dispatch Log
Dispatch Supervisors are required to keep a daily dispatch log, which includes, but is not limited to:
1. Bus assignment
2. Driver assignment
3. Pull-out and Pull-in late and missed trips
4. Road calls
5. All other incidents or dispatch calls that vary from normal or expected system operation
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6. Incidents and Accidents will be logged and immediately input into City’s Data Management System
Customer Service
Supervisors must strive to support and assist Operators in doing their job providing safe, courteous, and reliable service. At times, supervisors may need to mediate disputes, and due to their visible presence on the streets, the Road Supervisor will also be in a position to assist the public and show bus passengers and the general; public professionalism. In doing so, the Supervisor must be polite, greet people and Operators, answer questions, and provide directions.
CONTACTS
Media Contact
News media inquiries regarding City bus service under this Contract will be immediately forwarded to City for handling and replies. SacRT will not respond to media or the public’s inquiries of matters pertaining to the service provided under this Contract unless authorized by City in writing to do so. SacRT will, however, designate an individual who is authorized to speak on behalf of the SacRT if such a resource or reference is needed, as determined by City.
Emergency Contact
SacRT must provide a list of 24-hour emergency numbers and a contact(s) to be used by City for responding to emergency situations as necessary. The list must be kept up-to-date at all times.
Drug & Alcohol Program
SacRT will comply with all applicable drug and alcohol testing requirements as established by the Federal Transit Administration (FTA), U.S. Department of Transportation, applicable labor agreements and by all other State or Federal agencies. SacRT will perform pre-employment, reasonable cause, and post-accident drug/alcohol testing of all safety-related employees associated with City’s contracted transit operations and maintenance services, in conformance with FTA requirements. In addition, SacRT will provide a random sample testing program which must comply with State and Federal requirements. SacRT will also be responsible for providing City with the necessary information and data for the FTA's Drug and Alcohol quarterly and annual reporting requirements. See Appendix D for Drug and Alcohol Program.
Fare Collection
SacRT will collect fares from all persons using transit services in accordance with the fare structure established by City. City reserves the right to amend the fare structure at any time.
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Any changes to the fare structure will be communicated to SacRT in writing at least 30 days in advance of their taking effect. SacRT will not deny access to any person paying a valid fare without specific permission by City. SacRT will honor valid City employee and dependent passes. SacRT will not issue free passes or any other passes without prior approval of City.
All fares collected by SacRT will be collected in fareboxes provided or approved by City. SacRT is responsible for probing daily each farebox used in service, as well as depositing the contents of each cash box into the revenue collection receiver. SacRT is also responsible for the counting and processing of revenues on behalf of City during the course of the Contract term. The deposit will be checked by SacRT management staff to ensure accuracy. The location for counting and processing the fares will be in a secure environment. SacRT will ensure the appropriate security systems and procedures are in place to safeguard the fares and fare collection process. Security systems will include video monitoring and taping of probing (equipment and supporting IT infrastructure to be provided by City), the transfer of the farebox cash vault to the receiver, the counting of money, as well as all other areas that may pose an opportunity for theft. City has the right to accept, reject, or require changes to the security systems or procedures outlined by SacRT. Security systems and procedures will be adjusted by SacRT upon recommendation by City to City’s satisfaction at SacRT’s cost and expense. SacRT will have reasonable time to make the adjustments specified by City, which time may not exceed 10 days from the date SacRT is noticed of City’s recommendations. City will pick-up the deposits at agreed upon time/location, 3 days per week (Monday, Wednesday, and Friday). Monday’s deposit includes Friday, Saturday, and Sunday collection. Wednesday’s deposit includes Monday and Tuesday collection and Friday’s deposit includes Wednesday and Thursday collection. Additionally, copies of all financial transactions completed by SacRT will be forwarded to City bi-weekly in a format to be determined by City.
During the term of the Contract, the parties may agree in writing to an alternative method for counting and processing of revenues that preserves accountability and achieves efficiencies.
Key Control
Key control will be handled through a log system of "check in, check out" at the dispatch window. All vehicle keys will be signed out by the employee and the on duty dispatcher. Upon the return of the operator, the employee will return the keys to the dispatcher and will sign in the keys. Each Supervisor will have one GFI Farebox key accompany the key to the assigned Supervisor unit. Supervisors will also have to check in and check out the keys.
The keys will be secured behind the window in a lock box that will be accessible by the Maintenance Supervisor and the Dispatchers. They each will have a key to the lock box.
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III. FIXED ROUTE SERVICES
COVERAGE AREA
Description of Fixed Route Services
City of Elk Grove operates a timed-transfer system of seven (7) local routes and various “Limited Service Routes” on headways that typically vary between 30 to 90 minutes throughout the day, and, at times, on 15-minute headways during peak hours. City operates Monday through Friday, and provides limited service on Saturdays. The system also provides commuter express bus service between Elk Grove, Sacramento, and Rancho Cordova which operate on 30 to 90 minute headways. Commuter Routes do not operate on weekends. Local routes operate on some holidays when they are being "observed," but may not operate on the actual day of the holiday. For example, if Independence Day falls on a Sunday (a day of no fixed-route service), and it is observed on a Monday, the commuter service will not run on that Monday; but, the local service will. This typically applies to New Year's Day, Christmas Day, and Veteran's Day too. Also, the local service will always run on the "day after Thanksgiving".
City service hours and area of coverage are subject to change at any time at the discretion of City as it determines such changes are required to more effectively meet the needs of its service area.
List of Routes
Local Routes
Route 110 Promenade Pkwy & Kaiser to CRC
Route 111 Vaux Ave. & Laguna Main St. to Big Horn Blvd & Civic Center Dr.
Route 112 Vaux Ave. & Laguna Main St. to Big Horn Blvd & Civic Center Dr.
Route 113 Vaux Ave. & Laguna Main St. to Elkmont Wy. & Iron Rock Wy.
Route 114 Vaux Ave. & Laguna Main St. to Armand George Wy. & Calvine Rd.
Route 115 Elk Grove Blvd. & Clarke Farms Dr. to CRC
Route 116 Elk Grove Blvd. & Clarke Farms Dr. to CRC
Commuter Routes
Route 10 Big Horn/Civic Center Dr. Express
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Route 11 Franklin High/Whitelock Pkwy. Express
Route 12 Big Horn/Civic Center Dr. Express
Route 13 Elkmont Wy./Iron Rock Wy. Express
Route 14 Big Horn Blvd/Bruceville Rd. Express
Route 15 Bond Rd./Bradshaw Blvd. Express
Route 16 Elk Grove Blvd/Clark Farms Express
Route 17 Calvine Rd./Armand George Wy. Express
Route 18 Downtown Sacramento to Longleaf Dr./Laguna Blvd. Express
Route 19 Laguna Blvd./Harbour Point Dr. to Butterfield LR Station Express
Saturday Service Routes
Route 110 Promenade Pkwy & Kaiser to CRC
Route 113 Vaux Ave. & Laguna Main St. to Elkmont Wy. & Iron Rock Wy.
Route 114 Vaux Ave. & Laguna Main St. to Armand George Wy. & Calvine Rd.
Route 116 Elk Grove Blvd. & Clarke Farms Dr. to CRC
Route Description
Route 110 - Promenade Pkwy & Kaiser to CRC operates Monday through Friday, beginning at 6:12 am to 10:06 pm. Service operates every 30 minutes all day until 5:40 pm, then every hour. On Saturdays, service operates on 60-minute headways beginning at 6:27 am until 6:21 pm.
Route 111 - Vaux Ave. & Laguna Main St. to Big Horn Blvd & Civic Center Dr. operates Monday through Friday, beginning at 6:07 am to 8:15 pm. Service operates 30 to 90-minute headways.
Route 112 - Vaux Ave. & Laguna Main St. to Big Horn Blvd & Civic Center Dr. operates Monday through Friday, beginning at 6:25 am to 8:21 pm. Service operates 60-minute headways.
Route 113 - Vaux Ave. & Laguna Main St. to Elkmont Wy. & Iron Rock Wy. operates Monday through Friday, beginning at 6:39 am to 8:14 pm. Service operates 60-minute headways. On Saturdays, service operates on 90-minute headways beginning at 7:00 am until 6:05 pm.
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Route 114 - Vaux Ave. & Laguna Main St. to Armand George Wy. & Calvine Rd. operates Monday through Friday, beginning at 6:06 am to 7:44 pm. Service operates 60-minute headways. On Saturdays, service operates 90-minute headways beginning at 6:58 am until 6:16 pm.
Route 115 - Elk Grove Blvd. & Clarke Farms Dr. to CRC operates Monday through Friday, beginning at 6:38 am to 8:53 pm. Service operates 60-minute headways.
Route 116 - Elk Grove Blvd. & Clarke Farms Dr. to CRC operates Monday through Friday, beginning at 6:08 am to 8:23 pm. Service operates 60-minute headways. On Saturdays, service operates 60-minute headways beginning at 7:23 am until 6:23 pm.
Route 10 - Big Horn/Civic Center Dr. Express operates Monday through Friday, from 5:34 am to 7:04 am and 3:37 pm to 5:07 pm. Service operates every 30 minutes.
Route 11 - Franklin High/Whitelock Pkwy. Express operates Monday through Friday, from 5:35 am to 6:55 am and 3:35 pm to 5:05 pm. Service operates every 30 minutes.
Route 12 - Big Horn/Civic Center Dr. Express operates Monday through Friday, from 5:40 am to 6:40 am and 3:35 pm to 4:35 pm. Service operates every 30 minutes.
Route 13 - Elkmont Wy./Iron Rock Wy. Express operates Monday through Friday, from 5:45 am to 6:45 am and 3:40 pm to 4:40 pm. Service operates every 30 minutes.
Route 14 - Big Horn Blvd/Bruceville Rd. Express operates Monday through Friday, from 5:45 am to 7:15 pm and 3:45 pm to 5:15 pm. Service operates every 30 minutes.
Route 15 - Bond Rd./Bradshaw Blvd. Express operates Monday through Friday, from 5:45 am to 6:45 am and 3:42 pm to 4:42 pm. Service operates every 30 minutes.
Route 16 - Elk Grove Blvd/Clark Farms Express operates Monday through Friday, from 5:58 am to 6:58 am and 4:00 pm to 5:00 pm. Service operates every 30 minutes.
Route 17 - Calvine Rd./Armand George Wy. Express operates Monday through Friday, 6:30 am to 8:00 am and 4:15 pm to 5:45 pm. Service operates every 30 minutes.
Route 18 - Downtown Sacramento to Longleaf Dr./Laguna Blvd. Express operates Monday through Friday,at 6:42 am and 7:42 am from Downtown Sacramento and 4:40 pm and 5:10 pm from Elk Grove.
Route 19 - Laguna Blvd./Harbour Point Dr. to Butterfield LR Station Express operates Monday through Friday, from 4:45 am to 7:50 am and 2:40 pm to 6:48 pm (reverse commute). Service operates 60-minute headways
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Service Reliability
SacRT will provide timely and reliable transit services; this includes maintaining trip completion levels and on-time performance operating levels within the specified arrival and department times. On-time performance will be closely monitored by City and computed on a monthly basis by SacRT. City is not obligated to pay SacRT for any trip not run in accordance with the published timetable. Any additional service must be preapproved by City Transit System Manager in writing prior to services being rendered.
SacRT shall issue alerts using the City’s electronic Rider Alert system for all trips running 10 or more minutes late, as well as for all missed trips. Said alerts shall be issued by SacRT in a timely manner, immediately upon determination that the trip will be late or missed.
Service Requirements
SacRT is responsible for ensuring that connections to neighboring services are met; provided that SacRT does not guarantee or warrant and in no event will be liable if it fails to operate “neighboring” service to which City service connects. SacRT is not obligated to operate or maintain any service other than the City service specifically identified in this Contract. SacRT is further responsible for ensuring that the revenue service it operates under this Contract is per the published schedule in print and on the website; any deviations from the published schedule must be approved by City in writing.
Service Hours and Days
Depending on the specific route, service is generally available between the hours of 5:30 a.m. to 10:30 p.m., Monday through Friday, 10:00 a.m. – 5:00 p.m. on Saturday, and Sundays.
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IV. ADA PARATRANSIT/DIAL-A-RIDE
City’s ADA Paratransit bus service is available to qualified certified persons with disabilities unable to board a regular City fixed route bus, access a City bus stop, or otherwise navigate the regular fixed route bus system due to a disabling condition as defined by the ADA. City Paratransit provides service parallel to the fixed route system, operating the same hours and days, except for Sundays when City provides paratransit service without any fixed route operations. SacRT will operate City’s ADA Paratransit in accordance with the requirements set forth herein.
Coverage Area
City ADA Paratransit service is operated within City limits of Elk Grove and ¾ of a mile from local fixed route service. Additionally, City offers service to and from South Sacramento medical facilities and provides regional service throughout the Sacramento area on a limited basis.
City service hours and area of coverage are subject to change at any time at the discretion of City as it determines such changes are required to more effectively meet the needs of its service area.
SERVICE REQUIREMENTS
SacRT will service and operate the following two components of Paratransit service:
ADA Paratransit Service
Door-to-door or origin-to-destination service will be provided for individuals who meet ADA requirements.
ADA Paratransit bus service will be provided to qualified certified persons with disabilities unable to board a regular City fixed route bus, access a City bus stop, or otherwise navigate the regular fixed route bus system due to a disabling condition as defined by the ADA. This does not include disabilities that only make use of accessible transit service difficult or inconvenient. SacRT will provide Paratransit system service parallel to the fixed route system, operating the same hours and days.
City Senior Transportation Services
SacRT will provide a non-ADA door-to-door Paratransit service for persons 75 years and older. The qualifications for this service is for any resident 75 years and older with proper picture identification.
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Service Hours and Days
SacRT will provide local ADA service between the hours of 5:30 a.m. to 10:30 p.m., Monday through Friday, and 7:00 a.m. to 6:00 p.m., Saturday and Sundays (local service.)
ADA PARATRANSIT/DIAL-A-RIDE REPORTING REQUIREMENTS
Weekly Reporting
SacRT will provide City with a No-Show/Late Cancel and On-time performance report each Monday for the preceding week. The No-Show/Late Cancel report are subject to the Paratransit service policies and procedures outlined by City.
Monthly Reporting
All monthly reports are due to City on or before the 15th calendar day of the subsequent month following the reporting period. SacRT will provide City with Monthly Denial Reports that complies with the standards as outlined in Title 49 Part 37 and 38 of the Code of Federal Regulations, as amended.
For NTD reporting, see Reporting Requirements Section.
Dispatching System
SacRT must provide Trapeze PASS or an equal dispatching system for use by SacRT in operating demand-response services.
SacRT is responsible at its cost, for obtaining the appropriate training for the use of the software.
Dispatchers will communicate to the drivers via either radio or Mobile Data Terminal (MDT). Dispatchers must respond to requests to talk in the order received, unless a priority request is communicated. In that case, the priority request will take precedence over the other requests.
SacRT will ensure that all drivers report all pick-ups and no shows to dispatch as they occur via the radio system or MDT. In addition, drivers must inform dispatch whenever a passenger fails to pay their appropriate fare for the trip.
ADA COMMUNICATIONS AND SCHEDULING PERSONNEL
SacRT’s communications and scheduling staff must be trained to proficiency in, and scheduled to process the volume of incoming telephone requests for, ADA services, and accurately enter the required passenger trip information, monitor on time adherence, and appropriately
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dispatch vehicles. SacRT’s dispatch and scheduling personnel must be knowledgeable in all aspects of City’s ADA operations.
SacRT will have sufficient reservationists on duty at all times to ensure that telephone “wait” or “on hold” time(s) does not exceed three (3) minutes on ninety five percent (95%) of all calls, and do not exceed five (5) minutes on ninety nine percent (99%) of all calls.
Automatic answering devices or Interactive Voice Recognition (IVR) systems may be substituted for normal reservation taking; however, SacRT will implement a means for passengers to speak directly with a qualified SacRT representative to coordinate pick-up/drop-off or other service related information.
SacRT’s dispatchers will be able to communicate service-related information effectively in English. Bi-lingual English/Spanish personnel shall be available during all hours of operation.
SacRT will assure that dispatchers and scheduling personnel are adequately trained in, and prepared to process requests for, ADA service and requests for general system information from passengers. SacRT will assure that all dispatch and scheduling personnel are trained to proficiency in the requirements of the Service Criteria for Paratransit Service as outlined in Title 49 Part 37 and 38 of the Code of Federal Regulations, as amended, before being assigned to SacRT’s Communications Center, and will assure that ongoing mechanisms are in place for the evaluation of Dispatcher / Scheduler performance, education, and training.
SacRT will ensure that all dispatch personnel are trained to proficiency in basic customer service techniques and will ensure that such personnel have a comprehensive understanding of all policies and procedures that are associated with all programs specified within this scope of work.
SacRT will ensure that quality customer care for passengers remains a priority. Customer Service training for operators, as well as training specific to dispatchers, reservationists, mechanics and operators, will reinforce SacRT’s commitment to excellent customer service. SacRT will also provide ongoing training in the form of monthly safety meetings and job improvement retraining, as needed.
SacRT will observe and enforce trip by trip eligibility and shall only schedule trips that meet the criteria for eligibility. SacRT is responsible for accurately determining whether a requested trip meets trip eligibility requirements. If a trip request meets eligibility requirements at either the pick-up or drop-off location it will be scheduled.
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ADA CUSTOMER SERVICE
Pick-Up of ADA Paratransit Passengers
SacRT must arrive at the appointed passenger pick-up location not more than fifteen (15) minutes prior to the appointed pick-up time and no more than fifteen (15) minutes after the appointed pick up time. Passenger pick up that are later than 15 minutes will be considered “late”. Drivers who show up more than 15 minutes before the scheduled pick-up time must wait until the negotiated ready time to pick-up the passenger. The passenger is not required to leave until the scheduled ready time. SacRT must notify passengers by telephone whenever possible if the vehicle scheduled to pick them up is expected to arrive at the appointed pick-up location more than 15 minutes later than the appointed time.
Drivers must remain within the line of sight of the vehicle and must not go inside facilities. The driver must wait no more than five (5) minutes to pick-up a passenger. If the passenger does not appear during that time frame, the driver must resume service and proceed to the next scheduled reservation or bus stop. The missed pick-up will be considered a “no-show” and the procedures for no-show will be followed as dictated by City.
SacRT will make every possible attempt to notify riders whose pick-up and/or drop-off time has been unilaterally changed by SacRT for any reason. Riders who are not notified of a scheduled change will not be counted as a “no-show” if they miss the ride.
Drivers will assist passengers whenever possible from the curb of their origin to the curb of their destination or provide origin to destination service if required. SacRT will use the highest reasonable degree of care in assisting passengers. Assistance to passengers will, at a minimum, meet the requirements of the ADA. SacRT must park as close as safely possible to each passenger’s origin and destination, including entering parking lots as necessary.
ADA Reservations/Scheduling
SacRT will perform reservations and scheduling of Paratransit trips as follows:
Reservations may be made 1 to 2 days in advance by calling the ride reservation line between 8 a.m. and 5 p.m. Passengers will be ensured a negotiated ready time and confirmation for each trip scheduled. Reservationists will negotiate with ADA passengers a pick up time from one (1) hour before or one (1) hour after their requested time. Subscription service (standing reservations) will continue to be provided to passengers as specified by City. Reservationist shall be available to take passenger reservations 24 hours before any day of service including holidays. SacRT will use Trapeze PASS or an equal software program to schedule rides.
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V. REPORTING REQUIREMENTS
Daily Reporting
The Superintendent must report all vehicular collision, accidents, and incidents involving any City-owned transit or Paratransit vehicle immediately to City, including passenger falls. In addition, SacRT will immediately notify City Transit System Manager of the accident/incident and will report passenger complaints related to safety or serious operational deficiencies immediately. SacRT will immediately investigate all accidents and determine as to whether the event was preventable or not using industry standards. Failure to report such accidents/incidents in the manner and within the time frames specified herein will subject SacRT to assessments. Notwithstanding the foregoing, SacRT will report accident and incidents to law enforcement and other government agencies as may be required by law, and cooperate fully with any investigations undertaken by those agencies.
Monthly Reporting
All monthly reports are due to City on or before the 15th calendar day of the subsequent month following the reporting period.
All data furnished by SacRT will reside in City’s Data Management System. SacRT will maintain access and information in the DMS, which provides the basis for SacRT invoicing. SacRT will enter the required information as directed by City. The Superintendent will be responsible for providing all required data.
National Transit Database Reporting
SacRT will track National Transit Database (NTD) Revenue Service Miles and Hours, NTD Total Miles and Hours, and report totals on a monthly and yearly basis through City’s Data Management System. NTD Revenue Service Miles/Hours, Deadhead Miles/Hours, and Total Miles/Hours, are defined as:
a) Revenue Service (Miles/Hours): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. These passengers directly pay fares, receive subsidized fares, or provide payment through some contractual arrangement.
b) Deadhead (Miles/Hours): Deadhead means miles and hours that a vehicle travels when out of revenue service. Deadhead includes:
1) Leaving or returning to the garage or yard facility, or
2) Changing routes and when there is no expectation of carrying revenue passengers.
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c) Deadheading:
1) Vehicles traveling from a dispatching point to the first passenger pick-up point are considered deadheading and are not included in revenue service. Therefore, do not report this travel as NTD revenue service miles/hours.
2) Vehicles traveling back to a dispatching location are considered deadheading. Do not report this travel as NTD revenue service miles and hours.
3) Vehicles traveling with or without passengers while available to carry passengers between pick-up/drop-off points are considered NTD revenue service miles and hours.
4) If vehicle storage and maintenance locations are different from the dispatching locations, travel between any of these locations is considered deadheading.
d) NTD Total Miles/Hours: (fixed route) the distance and time from gate departure to gate return, excluding lunch-breaks, if any. NTD Total Miles/Hours include revenue service and deadheading to and from the garage or yard facility. Vehicle Pre/Post-Trip Inspection time, Training and Maintenance travel and time are not included in NTD Total Miles and Hours. This data is actual (not scheduled) and shall be input into City’s Data Management System as noted.
e) Additional Reports: Weekday vs. Weekend reports for both hours and miles shall be provided. These reports will show the actual hours and actual miles for both Weekday and Weekend.
f) Responsible for all required format and submitting reports to City for compliance with the NTD System including mandatory sampling.
g) Vehicle Fleet List by service mode (provide a sample of NTD annual report).
Other Reports (Written or In Person)
SacRT's DBE Liaison Officer is required to submit any reports (i.e. Disadvantaged Business Enterprise (DBE) reports) as required by the Federal Transit Administration (FTA) and State of California, including reports related to SacRT’s subcontractors and work performed by them, to ensure 1) continued eligibility for federal funding and 2) the ability to finance operations and preventive maintenance efforts with such funding. SacRT will submit the monthly invoice supported by the finalized Total Miles and Hours Reports from City’s Data Management System upon completion of all miles and hours entries and correction of any and all errors as noted by Solutions for Transit. SacRT's Director of Labor Relations will submit to City monthly and annual
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reports on the information collected in complying with the FTA Alcohol and Drug Testing regulations.
Unless otherwise waived, SacRT will submit a “Monthly SacRT Staffing Report” with its monthly invoice, due by the 15th calendar day of the subsequent month following the reporting period, that must report, solely with respect to positions related to this Contract, any position vacancies, turnover rate since the start of the current fiscal year, number of regular hours performed by non-salaried staff (by position category), number of overtime hours performed by non-salaried staff (by position category), and monthly salaries and benefits paid (by position category). This report will further include, solely with respect to employees performing under this Contract, the names of each employee, seniority with SacRT’s organization and seniority under City contract with SacRT, if different, and individual status as a part-time, temporary or full-time employee. SacRT will provide additional staffing details as required by City.
SacRT's Operations Superintendent will provide daily reports for City Transit System Manager and/or his/her designee reporting the following in a manner dictated by City: 1) missed trips; 2) any supplemental service/trippers dispatched beyond the scheduled service to address on-time performance or load issues; 3) revenue miles and hours, deadhead miles and hours, and routes served by supplemental/tripper service; 4) road calls and reason, and; 5) bus swaps and reason. Much of this information is readily found in City’s DMS, which is made available to SacRT.
SacRT will be present and responsive at audits or Federal Triennial Reviews as requested by City for reporting on ADA policies, practices, or activities performed by SacRT’s staff. SacRT will also be readily available, with reasonable advance notice, for such events. Additionally, SacRT will provide any reports requested by City for such events for purposes of responding to or closing- out any issues or findings.
MAINTENANCE REPORTING
Maintenance Daily Reporting
Each weekday (excluding holidays when no services are operated at the direction of the City), SacRT's Supervisor of Maintenance is responsible each weekday (excluding holidays when no services are operated at the direction of the City) to submit an electronic “Out of Service Report” detailing fleet status, the number of vehicles available for service, reasons vehicles are out of service, and estimated date of returning to service. SacRT will enter the mileage for each vehicle on a daily basis.
Maintenance Reporting
SacRT will enter, as a minimum, the following information in City’s Data Management System.
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a. Vehicles ending odometer or hub meter readings on the last day of each month in City’s Data Management System.
b. Total gallons of fuel each vehicle received for the month in City’s Data Management System.
c. Work orders in City’s Data Management System.
d. Road Calls as they happen in City’s Data Management System.
Maintenance Monthly Reporting
All monthly reports are due to City on or before the 15th calendar day of the subsequent month following the reporting period. The majority of reporting will occur via City’s Data Management System”.
The following information will be collected by SacRT and inputted into City’s Data Management System.
a. Miles between Road Calls, previous fiscal year to current fiscal year.
b. Road Calls by Category, cumulative year-to-date.
c. Monthly mileage by fleet type i.e.: fixed route; on-call; Paratransit and Fixed Route fleets (total miles traveled, fuel quantity and miles per gallon for each vehicle).
d. Work Order Summary Detail data, including work order number, date finished, task description, labor hours, and parts costs labor cost and total cost.
e. Monthly Cost per Mile data, parts, labor, miles, and total cost per mile by fleet/vehicle number.
f. Summary of any warranty work, including but not limited to vehicle number, details of the warranty claim, amount paid or rejected under the warranty.
g. Preventive Maintenance Inspections (PMI) completed by vehicle number. The report will indicate: Vehicle Number, Current Mileage, Last Preventive Maintenance Mileage, Next Preventive Maintenance Due Date, Next PM Type, Current Mileage (miles over/under Preventive Maintenance requirement).
h. Bus stops cleaned, signs replaced, shelters repaired.
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i. Current Staffing positions and Staffing levels, identifying any positions that are currently not filled or employees that are on leave or disability.
City reserves the right to reject any reports that do not meet requirements. City may at its discretion remove or add a report(s) from the requirements, or refine report requirements as needed to monitor the maintenance cost and condition of SacRT operated fleet. SacRT will ensure that employees are computer fluent to a level that any reports required by City can be completed and submitted in a timely manner.
Quarterly and Other Reporting
Once per calendar quarter, SacRT's Director of Maintenance will submit a narrative report or request a face-to-face meeting with City staff regarding any on-going maintenance issues, concerns, or problems. This report or meeting shall serve as a dialogue and feedback mechanism for surfacing any issues of concern that require addressing and resolving.
SacRT will also provide fleet status and other data reporting as required for Federal Transit Administration (FTA) funding under Section 5307.
SacRT will submit a report and supporting documentation for actual maintenance expenses to include, but not be exclusive of vendor invoices, proof of vendor payment(s) of maintenance expenses, applicable payroll records, applicable pay stubs, parts costs, lubricants/fluids, etc. This report and supporting documentation (full report package) will be submitted with the monthly invoice, due on the 15th calendar day of the subsequent month following the reporting period. This information is necessary for financing maintenance costs with Federal funding.
Annual Fleet Reporting
SacRT will submit an annual Fleet Report based on the preceding calendar year for all vehicles used in providing Transportation services. The report will be submitted by 10th business day of each July, to City, and will include, but not be limited to the following data for EACH fleet vehicle in service (including assigned spares):
1. Vehicle ID Number 2. Vehicle License Number 3. Vehicle Manufacturer 4. Vehicle Model Year 5. Engine Make/Model 6. Engine Year 7. Engine Serial Number 8. Transmission Make/Model 9. Transmission Year 10. Transmission Serial Number
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11. Maximum Passenger Capacity 12. Annual Vehicle Mileage
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VI. HUMAN RESOURCES
RECRUITMENT HIRING PROCESS
SacRT’s Human Resources Department is responsible for conducting the recruitment process to fill vacant positions.
Current Contracted Employee Process
Contractors working under the prior contract upon commencement of this Contract (i.e., MV Transportation employees) will submit a SacRT Application and DMV driving record. HR will screen for minimum qualifications as application packets are being received.
Current contractor’s employees that meet the qualifications for the position will be invited to an interview with SacRT staff. Multiple dates and times will be available to schedule an interview based on their availability.
Those current contractors who are successful in the interview process will be provided conditional offer letters and be sent to complete pre-employment drug testing and fingerprinting for the Department of Justice criminal background screening (Live Scan) (both occurring at the same facility). Simultaneously, SacRT will use SacRT’s contracted vendor to complete reference and background checks on employees. Multiple dates and times will be available to meet with employees to provide them the necessary forms to complete these tasks, and will be scheduled based on their availability. SacRT is responsible for all costs associated with these pre-employment requirements.
Formal written offers will be extended to employees completing pre-employment tasks with favorable results and possession of a valid CDL with appropriate medical certificate.
Current contractor’s employees will be provided a confirmation letter acknowledging their start date with SacRT.
New (External) Employee Hire Process
Applicants will submit a SacRT Application, Supplemental Questionnaire and 10-year (H6) DMV driving record. SacRT’s Human Resources Department will screen for minimum qualifications as application packets are being received.
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Applicants that meet the qualifications for the position will be invited to a video exam administered by SacRT Human Resources Department staff. Multiple dates and times will be available to schedule the exam.
Applicants that are successful in the exam will be invited to an interview with SacRT staff. Multiple dates and times will be utilized to schedule interviews.
Those applicants successful in the interview process will be provided conditional offer letters and be sent to complete pre-employment drug testing and fingerprinting for the Department of Justice criminal background screening (both occurring at the same facility). Simultaneously, SacRT will use SacRT’s contracted vendor to complete reference and background checks on employees. Multiple dates and times will be available to meet with applicants to provide them the necessary forms to complete these tasks and will be scheduled based on their availability. SacRT will be responsible for all costs associated with these pre-employment requirements.
Formal conditional written offers will be extended to applicants completing pre-employment tasks with favorable results. Applicants will be scheduled to complete a pre-employment physical exam with SacRT’s contracted vendor. SacRT will be responsible for all costs associated with the pre-employment physical exam.
Applicants completing the pre-employment physical exam with favorable results will be required to obtain a Class B CDL permit with proper endorsements. Applicant will be responsible for all costs associated with obtaining the required permit.
Applicants successful with obtaining the required permit will be provided a confirmation letter acknowledging their start date with SacRT.
Special on-site visits will be scheduled to provide current contracted employees information on SacRT’s wage and benefits package. Human Resources personnel will immediately begin recruitment efforts to fill any vacant positions and to process current MV employees hired to work by SacRT. Meanwhile, meetings with labor union officials will ensue to ensure collective bargaining agreement(s) are finalized prior to the Contract, before service takes effect. Training will be coordinated to be completed before the start of the Contract. SacRT will work with City to coordinate and schedule on and off-site training of current employees and new hires. SacRT is confident that the current contractor’s employees will be happy to transition to becoming an employee of SacRT.
PULL NOTICES
SacRT is signatory to the DMV employer testing program and employer pull notice program (CVC1801.1) with a requester code and employer number. Upon hire, the SacRT Training Department will enter into the system all employee information so that the driver’s license record is updated at the DMV with the requester code. When an employee's Driver’s License is
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updated to record an action/activity, a check is made electronically to determine if a pull notice is on file. If the action/activity is one that is specified to be reported under the EPN program, a driver record is generated and emailed to that employer. The training department reviews these reports daily and will notify the Operations Superintendent and Director of Transportation of any infractions listed on the pull notice or change in restrictions to an employee’s Commercial Driver’s License. Appropriate action will be taken upon notification.
All SacRT employees that are required to drive a revenue and/or non-revenue vehicle in the realm and scope of their duties will be part of the Pull Notice Program. Positions included:
1. Dispatcher
2. Maintenance
3. Supervisor
4. Mechanic Operations Training Specialist
5. Operator (FT/PT)
6. Road Supervisor
7. Service Worker
8. Operations Superintendent
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VII. SAFETY AND TRAINING PROGRAM
EMPLOYEE SAFETY PROGRAM
SacRT has an extensive training program for all employees. SacRT’s training program was developed in collaboration with the Human Resources Department, Safety Department, and the Operations Department. Training will be available to all City contracted employees and on-site managers. Training includes employer mandated training and workshops, core skills enhancement training, and unsafe and hazardous conditions awareness training. Attached is a training curriculum summary of on-going training offered to each major employee group. Start- up training will consist of Employee Orientation for all employees and for new operators, eight weeks of training prior to the start of Contract.
Employee Safety Program
SacRT will implement and maintain a robust safety program to encourage safe driving and safe work practices. In addition, SacRT will implement a safety award program based on the National Safety Council Safety Awards and Recognition Program. As a member of the National Safety Council, employees will be honored for their achievements in the areas of Safe Driving, Injury and Illness-Free Workplace, and Outstanding Work Record.
Safe Driving Awards*: Safety shoulder patches for years of safe driving (1-45 years), million mile awards (plaques), and milestone awards.
NSC Defensive Driving: Classes offered in both classroom and online to all employees.
Added Benefit: Employees who complete Defensive Driving training may be eligible for a discount from their personal auto insurance provider
*Awards will be provided by years of safe driving starting at year one. As the operator gains years of safe driving, they will get a milestone plaque for their years of safe service.
SacRT’s Safety Department will provide mandated training, such as Blood Borne Pathogens, Hazardous Waste Communications and First Aid/CPR. The Operations Training Specialist will be responsible for coordinating with the Maintenance Supervisor the scheduling of all training and to maintain training records.
SacRT will provide” Employee Orientation” to all employees as part of this Contract prior to the Contract start date. New operators hired by SacRT for this Contract will receive eight weeks of training prior to the start of the Contract to minimize any disruptions due to the transition of contract providers.
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TRAINING CURRICULUM
New Hire/Operators
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GFI Farebox and Other Electronic Fare Collection Training
Operators and Supervisors will receive one hour of one-on-one GFI farebox and other electronic fare collection training to include:
• Farebox, including logging in at start of the pre-trip inspection, counting passengers, accepting fares, issuing and accepting transfers and passes, loging out at the end of the post trip, etc., • Connect Card electronic fare equipment operation, and 154
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• Completing the manifest, including recording National Transit Database (NTD) information, including bus number, route, run, trip, service and odometer readings, and bus exchanges, Recording any additional City reporting requirements.
Refresher Training
On an annual basis, SacRT will conduct an eight (8) hour refresher training course for its drivers as required by the DMV in order to maintain VTT. This refresher course shall include farebox retraining.
Special Retraining
SacRT will provide special retraining for drivers who have been involved in a preventable accident, who fail to follow proper procedures, who have become lost on route, or who fail to use equipment correctly. Special retraining will be made available for drivers who may require it due to a change in bid selection or extended leave of absence.
Type of When it is provided Length of Training Description of Training Retraining
Return to Required when an operator 8 hours This training consists of a 6-hour Work returns from “inactive” status classroom review and a 2-hour behind (after 30 days (from a period of 30 days or the wheel road check. These focus on or more of more). safety standards, defensive driving inactive skill, and vehicle familiarity. status)
Post-Accident Required for any vehicle Varies based on the Post-accident retraining is focused on / for cause operator who has received a operator’s ability to correcting driving deficiencies and “preventable” rating for an perform the standards that contributed to the accident/ incident. This training appropriate tasks to accident. The operator must is scheduled and given within 10 standard. demonstrate ability to perform all of days following the formal the required tasks to standard before accident rating. being allowed back to driving duties.
Unclassified Required when an operator has Varies This training is focused on re-training Revenue of Unclassified Farebox Revenue the operator to correctly use the GFI more than of 15% or more for the previous farebox keys to classify passengers 15% month paying cash.
Note: All training provided to operators follow the Transportation Safety Institute modules for both bus operator and paratransit operator training.
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Operators with a Valid CDL and Endorsements
*If an operator shows serious safety issues the operator will join the regular class and go through all training modules and tested as an unqualified driver.
** Testing: after completion of all modules the students will be given a written test on everything covered in the modules and must complete with 80% minimum score.
***These classes offer completion certificates that are issued through TSI.
**** On the last week of in line a certified instructor will ride check and evaluate the student prior to the student going on their own.
***** Operators will receive one hour of one-on-one GFI Farebox training including how to log on as part of the pre-trip inspection. Operators and Supervisors will be trained on completing the manifest.
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*All classes provided by the Transportation Safety Institute (TSI) and students will receive certificates from TSI when class is completed. As required by the State of California all certified trainers must have five (5) years of service as a bus driver in the size and type of vehicle they are going to be certified in.
Trainers will also meet the following minimum requirements:
• Have at least three years of experience as an instructor. • Possess a valid Class A or B California Driver’s License, current Medical Form DL51 with a passenger endorsement, and Verified Transit Training (VTT). • Be observed instructing and be approved by the City before being used as an approved instructor meeting the requirements herein.
Operations Superintendent
The Operations Superintendent will have the opportunity to participate in training throughout the year. Specialized training will be provided on an as needed basis to enhance skills that may be in need of development such as presentation skills or product software such as the Microsoft suite of programs. Managers will be encouraged to maintain certifications current and to participate in transit industry workshops offered by TSI and/or the National Transit Institute (NTI), depending on their roles and responsibilities. Lastly, all managers will participate in Conferences offered by American Public Transportation Association (APTA) and the California Transit Association (CTA) to encourage networking, personal development, and to stay on top of best practices and industry issues and standards.
All employees, regardless of position, will receive mandated training during employee orientation. Please see Employee Orientation Training.
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2019 Fleet Maintenance Training Calendar
(74 HOURS available w/ min 40hr requirement for Maintenance employees)
JANUARY FEBRUARY MARCH APRIL
RESPIRATOR FIT (2hrs) ECNG (4hrs) Vendor / HAZMAT / COM (2hrs) TANK INSP (2hrs) Local Safety Dept. SCRTTC Safety Dept.
CUMMINS 8.9L (pt1 16hrs) COLA REFRSHER (1hr) Local FIRE SUPPRESSION (2hrs) LIFT / HOIST (2hrs) Vendor / w /INSIGHT (4hrs on-line) Local RICON SCRTTC
MAY JUNE JULY AUGUST
BLOOD BORNE PATH (2hrs) ZF TRANSMISSION (2hrs) MOBILE VIEW 7000 (2hrs) COOLING FAN (2hrs) Safety Dept. Local / on-line Local / on-line Vendor / EMP
HOT WEATHER (1hr) Safety Dept. BRAKE/UNDERCARRIAGE HEARING CONSERVATION PRE-CHP INSP (1hr) Local GFI FAREBOX (2hrs) Local
SEPTE M BER OCTOBE R NOVEM BER DECEMBER
VOITH TRANSMISSION FIRST AID / CPR (3hrs) AIR BRAKES (4hrs) Local ALTERNATOR (2hrs) Vendor Vendor / CAL SAFETY Supplier Training DRUG & ALCOHOL (2hrs) Local (4hrs) Vendor / NIEHOFF
COLD WEATHER (1hr) CLASS DOOR CUMMINS 8.9L (pt1 16hrs) Safety Dept.
SacRT has an extensive Training Program for Mechanics certified through the California Department of Industrial Relations. SacRT will explore and implement the Transit Bus ASE certification program to incorporate into SacRT’s training at SacRT. This requires negotiations with SacRT’s Current Bargaining Unit at SacRT. SacRT will implement the Transit Bus ASE
program for current contractors (i.e., MV Transportation employees hired by SacRT) until SacRT has formalized and established the incorporation of the ASE program at SacRT.
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SacRT has participated in the State Apprenticeship training program since 2016 and is a member of the Southern California Regional Transit Training Consortium (SCRTTC). These associations allow SacRT the greater ability to train SacRT’s journey level technicians as well as SacRT’s apprentices. SacRT actively works with vendors to provide in-house training. Through the State Apprenticeship program SacRT built relationships with local junior colleges to support SacRT’s technician needs. SacRT also has an extensive online and DVD training library for additional in-house training. SacRT has required standards of training per year for journey level - a minimum of 40 hours and for trainees/apprentices - a minimum of 140 hours.
SAFETY TRAINING
SacRT will ensure the following training requirements are met. Most training requires initial training and annual retraining. Training topics provided by the Safety Department include, but are not limited, to the following:
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NEW EMPLOYEE ORIENTATION
SacRT has developed a robust New Employee Orientation, providing 16 hours of training during the employee’s first two days of employment. The training includes a variety of topics, including SacRT’s commitment to all on-boarding statutory training required under the law. Following is a list of curriculum presented, the amount of time spent in training and the title of the person presenting the training:
Day 1 Curriculum
Course Title Total Training Hours Presenter
On-boarding process, Introduction, 3 Director, Human Resources
True Colors – Personality 1 Human Resources Team
FISH! 1 Human Resour ces Team
Wrap Up 1 Human Resou rces Team
Benefits Orientation 2 Human Resou rces Team
Day 2 Curriculum
Course Title Total Training Hours Presenter
Sexual Harassment Prevention 2 EEO Administrator
Drug and Alcohol Awareness 1 Labor Relations Team Member
Workplac e Safety 3 Safety Department Team
Access Badges 1 Human Resour ces Team
Day 3 is the beginning of the employee’s training in their own Department. Additional training will occur at that time.
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SAFETY COMMITTEE
Safety Committee
The Safety Committee for services under this Contract will be composed of members of SacRT’s onsite management staff, a SacRT Safety Representative, a Road Supervisor, Dispatch Supervisor/Reservationist, and a minimum of two bus operators and two maintenance employees.
Members meet, at a minimum, once a month throughout the year and may meet more often to review unsafe conditions or hazards in a timely manner. Before each meeting, an agenda will be prepared and distributed to the members of the committee by the Superintendent. Safety assessment and auditing discussions will be documented and kept on file at the facility. The Superintendent will present Safety Committee Meeting agenda minutes and actions taken at the monthly SacRT Bus Safety Committee Meeting held at SacRT headquarters. The responsibilities of the Safety Committee include:
1. Coordinating and developing topics for “Tool Box” Safety Meetings for employees;
2. Detecting and eliminating unsafe conditions, practices, procedures and policies;
3. Reviewing accidents and employee work-related injuries /illness trends, determining cause(s);
4. Recommending prevention measures;
5. Reviewing significant miscellaneous incidents;
6. Conducting regular safety inspections of the facility;
7. Identifying physical hazards in the service area;
8. Making recommendations to management for necessary corrective action;
9. Promoting safety awareness;
10. Providing a good example through strict adherence to District safety policies and procedures;
11. Assisting the onsite management team with the safety communication program;
12. Soliciting feedback and suggestions from employees and making recommendations to management on safety and training issues;
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13. Recommending safety incentive programs and assisting the management staff in their administration; and
14. Recognizing safety accomplishments.
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APPENDIX A
TRANSITION PLAN
IMPLEMENTATION SCHEDULE/WORK PLAN
SacRT will take steps and measures prior to the service commencement date to prepare for implementation of City’s transit services. SacRT will begin services on July 1, 2019. After receiving NTP from City, SacRT will immediately kick off by scheduling a series of on-site visits to meet with the current contractor’s (MV Transportation) employees. SacRT’s intent is to offer employment to all qualified employees who would like to continue serving City. Proposed on- site managers along with SacRT’s Labor Relations and Human Resources personnel will meet with employees and answer any questions or concerns they may have. SacRT’s goal is to make the transition as seamless as possible
Major Milestones (Subject to Contract approval)
The above illustration identifies the major steps and milestones planned for the Contract transition, based on a February 27, 2019 City of Elk Grove City Council contract approval/award date. The table, below, sets forth SacRT’s estimated transition work plan.
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SacRT Work Plan for 07/01/19 Start End Comments
SacRT receives confirmation from City of Contract award. Feb. 2019
SacRT On-Site visits with contracted Multiple times and dates for employees Mar. 2019 coverage of all shifts
Post positions, including all advertising Mar. 2019 Will be posted as a continuous
Deadline for applications Apr. 2019 Same as above
All qualified candidates invited to test Apr. 2019 Work begins to hire new/ SacRT Board authorizes project Feb. 2019 replacement employees SacRT IT and Operations personnel start -up meetings, orientations, etc. Mar. 2019 Ongoing
Recruitment
Interviews 04/29/19 05/01/19 Consecutive dates
Conditional written offers made 05/01/19 05/01/19 Pre-employment briefing 05/02/19 05/03/19 Multiple pre-employment briefings
Pre-employment concludes 05/04/19 06/14/19 Offers will be provided as Written offers accepted 04/02/19 05/14/19 background information is received
Training and Orientation
MV employees hired during orientation 05/06/19 07/01/19 16 hours to be scheduled
First class of new hires/employees 05/06/19 07/01/19 Training of new operators
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APPENDIX B
DRUG AND ALCOHOL PROGRAM
DRUG AND ALCOHOL TESTING INFORMATION
Overview
All Safety Sensitive employees of SacRT are subject to Drug and Alcohol Testing (DAT) pursuant to Federal Regulations. This includes pre-employment, random, post-accident, reasonable suspicion and follow-up testing as required. The DAT policy and Over The Counter (OTC) medications memorandum are available on the SacRT Website.
Employees and supervisors all receive mandated training regarding the DAT program and policies.
In administering SacRT’s program, SacRT contracts with a collection site, a laboratory, a Medical Review Officer (MRO) and a Substance Abuse Professional (SAP). Those contract service providers are:
• Collection Plus – collection site
• CDT-MEDTOX – laboratory
• University Services – MRO
• Accurate Affordable Assessments – SAP
Costs
The current costs for services (to be paid for by SacRT) provided by each of the service providers listed above are as follows:
• Collection Plus
• Cost for conducting a breath alcohol test is $35
• Cost for collecting a urine sample during normal business hours is $35
• Cost for collecting urine sample after hours is $130
• Cost for litigation support is $150 per hour
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• MEDTOX
• Cost for initial test is $14.00
• Cost for confirmation test is $8.50
• Cost for litigation support is $150 per hour
• University Services
• Cost per consultation is $3.25
• Cost for litigation support is $250 per hour
• Accurate Affordable Assessments
• Cost per case including initial assessment and reevaluation at completion of program is $550
• Cost for litigation support is $150 per hour
Pre-Employment Testing
All employees hired by SacRT to perform the transit services for City will have to be tested prior to their first day of work. We are also required to obtain testing information from their previous employers if they were subject to DAT.
Random Test Selection
Employees in safety-sensitive positions are randomly selected to undergo a drug and/or breath alcohol test pursuant to DOT FTA Drug and Alcohol Testing Regulations (49 CFR Parts 40 and 655). Names are selected using a computerized program designed to select individuals based upon their SacRT assigned employee numbers.
SacRT will be migrating between now and January 1, 2019 from the current computer-based program (Assistant Pro) to a cloud-based program (Red Arrow) administered by the same vendor. Anecdotal reviews from other service providers give Red Arrow high marks.
Minimum random testing rates as specified by the FTA for drug and alcohol (25% drugs and 10% alcohol) are entered in the drug and alcohol database in January of each calendar year. Those rates will need to be adjusted if the number of safety sensitive employees increases significantly during the calendar year. SacRT purposefully exceeds the minimum testing rates to ensure we meet the requirement. Random tests are generated monthly and monitored for
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compliance. FTA requires that a representative sampling be obtained from all shifts and all days of work.
Tests results are received electronically from the laboratory and/or the MRO (if tests are positive). Results are maintained in confidential files for the periods of retention specified in the Federal Regulations.
Post-Accident and Reasonable Suspicion Tests
Ad hoc testing following an injury or major damage accident or when an employee’s behavior is suspicious is ordered by supervisors as needed. Employees are transported by the supervisor to the collection facility for these types of tests.
Follow-up testing
Employees who test positive the first time or who self-certify a substance problem are put in a rehabilitation protocol and are subject to a pre-employment test prior to resuming safety sensitive duties as well as follow-up testing as prescribed by the Substance Abuse Professional.
Metrics
Number of additional employees subject to Substance Abuse testing if SacRT assumes transit services for City (Based upon current staffing)
• 68 Operators/Drivers
• 9 Mechanics
• 8 Utility (Service) Workers
• 7 Dispatcher Supervisors/Reservationists
• 2 Road Supervisors
• 1 Maintenance Supervisor
• 1 Operations Superintendent
• 1 Operations Training Specialist
• 1 Data Analyst
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Number of additional employees anticipated to be tested annually by inclusion of City
• Estimate 9 for pre-employment tests (assuming a 10% rate of attrition)
• 22 (25% of safety sensitive employees) for random drug tests
• 9 (10% of safety sensitive employees) for breath alcohol tests
• Estimate 4 for post-accident tests and reasonable suspicion tests
• Estimate 4 for pre-employment following absence of 90 days or longer
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APPENDIX C
CUSTOMER SERVICE STANDARDS
Successful customer service starts with hiring and training the right people with the right skills and traits. SacRT’s customer service standards will be communicated to all employees in initial training sessions as well as periodic refresher courses. The standards will be provided in writing and distributed to all employees. Customer service standards and any revisions will be communicated both in writing and in person, and with practical training.
When providing customer service:
1. Greet the customer in a friendly manner and let them know you’re there to be of assistance.
2. Listen to the customer's request and verify that you understand what they need.
3. Ask clarifying questions to determine what the customer needs.
4. Use all available resources to research an answer or solution to the customer's problem.
5. Provide the customer with accurate information in a clear, friendly manner.
6. Provide all appropriate options to the customer.
7. Verify that the customer understands what you’ve told them.
8. Always address the customer in a courteous and professional manner no matter what the customer's demeanor is.
a. Use the proper pitch and tone of voice.
b. Use the appropriate rate of speech.
c. Use positive words and phrases.
d. Avoid jargon and slang.
e. Use courtesy phrases such as "please" and "thank you" when appropriate.
f. Display empathy when appropriate.
g. Avoid any form of rudeness with your customer.
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9. Verify that all of the customer's needs have been met.
10. Use a courtesy statement such as "thank you" at the end of the interaction.
11. Customers who need assistance in a language other than English can be referred to 916- 321-BUSS (2877).
Employees must respond to email and voicemail messages from internal or external customers in a timely manner, but not more than one business day.
All SacRT employees operating City transit services as part of this Contract will also follow the Sacramento Regional Transit District “Workplace Conduct Policy,” which in part states, “Every SacRT employee is expected to conduct him or herself in a professional manner when interacting with fellow employees in the workplace or while conducting SacRT business. Conduct that results in unprofessional or abusive conduct will not be tolerated. Employees engaging in such conduct will be subject to corrective or disciplinary action up to and including termination from employment.” The policy will be provided upon new hire orientation.
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APPENDIX D
UNIFORMS
All garments and other uniform items must be manufactured from new, first-quality materials. Design and workmanship must conform to the best practices in the industrial uniform industry. All uniforms will be provided at SacRT’s sole expense.
Operators
See Exhibit 1 to this Operations Plan for the Core Uniform for Operators. The employee is provided with a “Core Uniform” upon initial employment then provided vouchers on an annual basis. The uniform consists of a polo shirt, short-sleeve and long-sleeve shirt, pants and/or shorts and a windbreaker jacket. The employee goes to SacRT’s store to get sized and the order is filled. SacRT is billed for purchased uniforms. Employees are responsible for laundry of their garments.
Dispatchers/Supervisors/Trainers
See Exhibit 1 to this Operations Plan for the Core Uniform for Supervisor. The uniform consists of a polo shirt, short- sleeve and long-sleeve shirt, pants and/or shorts and a windbreaker jacket. The employee goes to the Contractor’s store to get sized and the order is filled. SacRT is billed for purchased uniforms. Employees are responsible for laundry of their garments.
Mechanics/Utility Workers/Janitor
SacRT has a uniform rental and laundry service for mechanics and facilities workers. The contract is “Uniform and Mat Rental and Laundry Services.”
A mechanic uniform set may be either one pair of coveralls or one pair of heavy weight, 100% cotton denim jeans and one 100% cotton work shirt. Employees have the option to choose either long or short sleeve shirts or any combination of long and short sleeve shirts with a combined total equaling 15 shirts. The uniforms are supplied on a cycling system where there are always 6 uniforms being cleaned, 6 uniforms ready for wear and 2 uniforms clean and in reserve. Each mechanic employee is issued 15 sets of uniforms.
A utility worker uniform set is one pair of heavy weight, 100% cotton denim jeans and one 100% cotton work shirt. Employees have the option to choose either long or short sleeve shirts or any combination of long and short sleeve shirts with a combined total equaling 15 shirts. A janitor could wear the same uniform as the utility worker.
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SPECIFICATIONS
Work Shirt Specifications
Fabric: 100% cotton – 6oz. per square yard
Colors: Manufacturer’s standard light blue and international orange colors are available.
Stitching: 100% spun polyester or cotton – coated polyester colored to match shirt color. Eight to 12 stitches per inch, bar tacked at points of strain.
Style: Choice of long or short sleeve, 2 patch pockets, button front, (snaps on cuff and collar are acceptable) in any combination up to 12 shirts.
Denim Jeans Specifications
Fabric:100% cotton pre-shrunk medium blue denim 13 ¾ to 14 ¾ oz.
Style: Classic fit straight leg, 5 jean style pockets with belt loops, metal button closure and heavy-duty brass ratcheting zipper. Felled seams.
Stitching: Heavy-duty polyester threads, bar tacked at all stress points locations.
Coverall Specifications
Coveralls are 100% pre-shrunk light blue cotton twill or herringbone, minimum 8 oz., with bi- swing back, concealed rust proof buttons or snaps, hemmed sleeves and cuffs, 2 chest patch pockets, 2 patch hip pockets, and a minimum of 1 sewn in pocket with swing pocket.
Work Jacket Specifications
SacRT will purchase work jackets on an as-needed basis. Work jackets are available in regular and tall sizes. Work jackets are hip length, twill jacket, with solid brass zip front closure and two front lower pockets, a left sleeve pocket for pens/small tools, button cuffs, and 100% polyester quilted lining. Body fabric is pre-cured, soil release, preshrunk, 65/35 poly/combed cotton twill, machine washable and navy blue in color. Jackets contain an agency logo and employee name patch. Safety striping is optional.
Name Patches, Logos, Company Name
Uniforms have permanently attached, two embroidered or screen printed patches for each employee shirt or coverall. One patch has the employee’s first name and identification number, and the second patch shows the wording of the agency. Operator uniforms must
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182 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract contain a shoulder patch on the right shoulder identifying the City, with a “runner” provided by SacRT under the patch to identify the driver as an employee of SacRT.
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SacRT will allow Contractor to substitute a man’s slate gray shirt for a woman’s slate gray shirt if contractor will, at no additional cost to SacRT, furnish any tailoring that may be requested to make the substitute shirt fit properly. The ability to substitute a man’s shirt for a woman’s shirt is only applicable to the female supervisor’s slate gray shirt. All other women’s shirts must be supplied as specified.
Shirt Design
Form fitting shirt with 5 permanent military creases, banded collar (long sleeve), convertible collar (short sleeve), 2 pleated breast pockets with scalloped flaps and shoulder straps and full badge reinforcement.
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178 186 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
Operators
Acceptable Brands: Flying Cross 47330 86/ 473300W 86
Fabric: 65% Polyester/35% Cotton, 7¾ oz. Vat Dyed Twill
Fabric Color: Navy
Design: Relaxed fit, permanent press post cured finish, metal tack button, crotch gusset, reinforced front pockets, two roomy cargo pockets with hidden zipper closure, extra multi- use pocket on outside left cargo pocket and inside right cargo pocket, 11" inseam
Supervisors
Acceptable Brands: Flying Cross 47330/47330WT Navy/47340 Black or Approved Equal
Fabric: 65% Polyester/35% Cotton Stretch Twill Weave, minimum 6-7 oz. per square yard, machine washable
Fabric Color: Dark Blue (Operators), Black (Supervisors)
Design: Front quarter pockets, double section-side pockets and inverted double cord hip pockets with button tabs. Stretch waistband with fly tab, outlets in waistband (back) and thigh inseam, seat, inseam, and out seams pressed open. All seams 10-12 stitches per inch. Permanent silicone adhesive creases, front and back.
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EXHIBIT J – FLEET MAINTENANCE PLAN
I. FLEET PROFILE (subject to change upon City’s procurement or disposal of vehicles)
Wheel UNIT Engine FUEL Chair NUMBER VIN YR MAKE Manufacturer License Plate # TYPE Seats Posit ions 558 1VHGH3W2186703525 2008 Orion Cummins 1309926 CNG 39 2 559 1VHGH3W2686704315 2008 Orion Cummins 1312058 CNG 39 2 560 1VHGH3W2186704321 2008 Orion Cummins 1314306 CNG 39 2 561 1VHGH3W2886704316 2008 Orion Cummins 1314307 CNG 39 2 562 1VHGH3W2686704333 2008 Orion Cummins 1314305 CNG 39 2 563 1VHGH3W2X86704334 2008 Orion Cummins 1314304 CNG 39 2 564 1VHGH3W2186704366 2008 Orion Cummins 1314308 CNG 39 2 565 1VHGH3W2386704367 2008 Orion Cummins 1314343 CNG 39 2 566 1VHGH3W2586704368 2008 Orion Cummins 1314344 CNG 39 2 567 1VHGH3W2386704370 2008 Orion Cummins 1314342 CNG 39 2 568 1VHGH3W2986704454 2008 Orion Cummins 1314469 CNG 39 2 769 1VHGH3W2086704455 2008 Orion Cummins 1314471 CNG 39 2 770 1VHGH3W2X86704463 2008 Orion Cummins 1314472 CNG 39 2 771 1VHGH3W2X86704464 2008 Orion Cummins 1314470 CNG 39 2 772 5FYC5FB10AC037752 2010 New Flyer Cummins 1353106 CNG 40 2 773 5FYC5FB12AC037753 2010 New Flyer Cummins 1353107 CNG 40 2 774 5FYC5FB14AC037754 2010 New Flyer Cummins 1353108 CNG 40 2 775 5FYC5FB16AC037755 2010 New Flyer Cummins 1353109 CNG 40 2 776 5FYC5FB18AC037756 2010 New Flyer Cummins 1353110 CNG 40 2 777 5FYC5FB1XAC037757 2010 New Flyer Cummins 1353112 CNG 40 2 778 5FYC5FB11AC037758 2010 New Flyer Cummins 1353111 CNG 40 2 779 5FYC5FB13AC037759 2010 New Flyer Cummins 1353113 CNG 40 2 790 5FYC5FB11BC038801 2011 New Flyer Cummins 1368087 CNG 40 2 791 5FYC5FB13BC038802 2011 New Flyer Cummins 1368089 CNG 40 2 792 5FYC5FB15BC038803 2011 New Flyer Cummins 1368088 CNG 40 2 793 5FYC5FB17BC038804 2011 New Flyer Cummins 1368090 CNG 40 2 794 5FYC5FB19BC038805 2011 New Flyer Cummins 1368086 CNG 40 2 795 5FYC5FB10BC038806 2011 New Flyer Cummins 1368126 CNG 40 2 808 1VH5H3F28Y6500753 2000 ORION V Cummins 1037014 CNG 40 2 809 1VH5H3F2XY6500754 2000 ORION V Cummins 1037015 CNG 40 2 810 1VH5H3F25Y6500757 2000 ORION V Cummins 1047251 CNG 40 2 811 1VH5H3F27Y6500758 2000 ORION V Cummins 1037016 CNG 40 2 812 1VH5H3F29Y6500759 2000 ORION V Cummins 1037019 CNG 40 2 813 1VH5H3F22Y6500764 2000 ORION V Cummins 1047192 CNG 40 2 814 1FDFE4FS5CDA19177 2012 Eldorado Ford 1380967 UNLEAD 18 4 815 1FDFE4FS7CDA19178 2012 Eldorado Ford 1380969 UNLEAD 18 4 816 1FDFE4FS5CDA19180 2012 Eldorado Ford 1380970 UNLEAD 18 4 817 1FDFE4FS4CDA19185 2012 Eldorado Ford 1380968 UNLEAD 18 4 818 1FDFE4FS6CDA87004 2012 Eldorado Ford 1405247 UNLEAD 18 4 819 1FDFE4FS8CDA87005 2012 Eldorado Ford 1405246 UNLEAD 18 4 820 5FYC8FB19EC044308 2014 New Flyer Cummins 1434142 CNG 40 2 821 5FYC8FB10EC044309 2014 New Flyer Cummins 1434141 CNG 40 2 822 5FYC8FB17EC044310 2014 New Flyer Cummins 1434143 CNG 40 2 828 1GBJG31U061121282 2006 General Coach Chevrolet 1457756 UNLEAD 8 2 831 5FYC8FB11FB047923 2015 New Flyer Cummins 1487268 CNG 40 2 832 5FYC8FB13FB047924 2015 New Flyer Cummins 1487269 CNG 40 2 833 5FYC8FB15FB047925 2015 New Flyer Cummins 1487270 CNG 40 2 834 5FYC8FB17FB047926 2015 New Flyer Cummins 1487271 CNG 40 2 835 5FYC8FB19FB047927 2015 New Flyer Cummins 1487272 CNG 40 2 836 5FYC8FB10FB047928 2015 New Flyer Cummins 1487273 CNG 40 2 837 5FYC8FB12FB047929 2015 New Flyer Cummins 1487274 CNG 40 2 838 5FYC8FB19FB047930 2015 New Flyer Cummins 1487275 CNG 40 2 839 1FDFE4FS9GDC55269 2017 Starcraft Ford 1512586 CNG 18 4 840 1FDFE4FS9GDC55271 2017 Starcraft Ford 1512585 CNG 18 4 846 5FYC8FB16JB053192 2018 New Flyer Cummins 1537751 CNG 40 2 847 5FYC8FB18JB053193 2018 New Flyer Cummins 1537752 CNG 40 2 848 5FYC8FB1XJB053194 2018 New Flyer Cummins 1537895 CNG 40 2 849 5FYC8FB11JB053195 2018 New Flyer Cummins 1537753 CNG 40 2 850 5FYC8FB13JB053196 2018 New Flyer Cummins 1537754 CNG 40 2
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II. FLEET MAINTENANCE PLAN GOAL
It is the goal and purpose of the Fleet Maintenance Plan (FMP) to ensure that the department mandate as well as all federal and state requirements are adhered to in order to provide City’s transit customers with safe and reliable transportation. These goals and objectives are established to:
1. Maintain all vehicles in a fully operational condition throughout their useful service life
2. Reduce the frequency of road calls using scheduled preventative maintenance and inspections
3. Exceed the department’s goal of 10,000 miles between failures
4. Track maintenance cost compared to total operating cost
5. Comply with all Federal, State and local laws and regulations
III. PURPOSE
The purpose of the FMP is to:
1. Ensure the fleet is maintained in a state of good repair
2. Ensure that SacRT’s mandate and FMP goals and objectives are clear and adhered to.
3. Ensure that vehicle availability adequately supports operational demands and set expectations for a maintenance environment and culture that ensures best-practices as well as customer needs.
4. Provide guidance to the maintenance process, and to set expectation to the need to have a maintenance environment and culture that ensures best-practices, with an emphasis on safety, cost-effectiveness, and attention to detail.
IV. SACTR’S MAINTENANCE DEPARTMENT MANDATE AND OBJECTIVES
The function of SacRT’s maintenance department and staff is to ensure safe and reliable service with clean and well-maintained vehicles. Reduce road service calls through cost-effective maintenance of City's bus and non-revenue vehicle fleet. The department’s goals will be met by:
1. Supervisors and Leads will review all bus defect slips and generate work orders in City’s
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Data Management System (DMS).
2. SacRT mechanics will document all repairs and findings on the work order and in the DMS thus allowing the ability to review trends in vehicles, fleets, subsystems and components.
3. SacRT’s Director and Superintendent will spot check the Preventative Maintenance Program for consistency, cost effectiveness, and quality of repairs.
4. SacRT’s Director and Superintendent will utilize the DMS to track maintenance cost compared to total operating cost and recommend changes to reduce unnecessary expenditures.
5. Fluid levels will be checked during fueling operations and monitored for excessive consumption.
6. Oil analysis intervals will be developed for engines and transmissions to ensure best practices for component longevity, service reliability and to reduce road failures.
SacRT’s Maintenance Department will carry out this plan and its mandate by operating the Maintenance Shop 365 days per year, 20 hours a day, thereby getting the maximum amount of facility usage and manpower usage when the buses and non-revenue equipment are available for required preventative maintenance/repairs.
V. ROLES AND RESPONSIBILITIES
The positions identified below are responsible for the work as stated herein.
Maintenance Director – Bus
• Responsible for establishing work performance, conduct and attendance standards that comply with all regulatory, SacRT, and Departmental requirements and/or expectations.
• Responsible for the oversight and performance outcomes of the FMP.
• Makes revisions/updates to the FMP as needed.
Maintenance Superintendent – Bus (Internal SacRT support of Maintenance Director)
• Responsible for implementation and consistent application of the FMP.
• Monitors the effectiveness of the FMP and makes changes to the maintenance process
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in order to maximize effectiveness and reduce costs.
• Validates the need for revisions/updates to the FMP.
Maintenance Supervisor – Bus
• Monitors compliance of maintenance personnel in the use and application of the FMP.
• Take corrective action, as appropriate using best maintenance practices, for personnel that do not adhere to the intent of the FMP.
• Recommend needed revisions/updates to the FMP as circumstances warrant.
• Actively monitor changes to OEM recommendations and adjust the PM program when necessary.
• Utilize failure analysis to identify fleet defects and add inspection and replacement intervals to PM inspections.
Maintenance Employees – Bus
• Read, understand, and comply with the intent of the FMP.
• Perform quality inspections by following all guidelines and best practices.
• Recommend to Supervision, any circumstances that they may consider needs revisions/updates to a maintenance practice/procedure.
VI. PLAN DESCRIPTION
Scheduled Maintenance and Inspection
The frequency of tasks necessary in the Preventative Maintenance (PM) program will be monitored and controlled by City’s Data Management System and performed in intervals/cycles which are determined by Original Equipment Manufacturer recommendations.
All consumables (engine oil, transmission fluid, power steering fluid, anti-freeze, windshield washer fluids and fuel) are checked on a daily basis, replenished, and documented as needed.
All preventative maintenance has been established based on manufacturer's recommendations or by performance/failure analysis testing (whichever is stricter) to optimize the life of the bus, its systems and sub-systems. All PM’s are done in accordance with OEM factory specifications
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and intervals, either time or mileage based. The level of PM for each vehicle is assembled using OEM recommendations for area of service. The PM program is monitored and managed by City’s Data Management System and generates PM inspections due based on up to date mileage and data for every bus (all sizes) and non-revenue vehicles.
In addition, a weekly brake/suspension inspection is performed on all buses. The inspection includes, but is not limited to, brake inspection and adjustment, suspension system inspection, safety component inspections, and the visual inspection of all running gear, steering system and wheelchair lifts/ramps.
SacRT’s Bus Maintenance Department will inspect and repair all items/components, including those of a structural and cosmetic nature, during preventative maintenance, thereby minimizing unscheduled maintenance while maintaining the highest mileage possible between road calls.
SacRT will utilize City’s Data Management System to provide accurate, up-to-date mileage and data for every bus/non-revenue vehicle on a daily basis and trigger the PM inspections in addition to tracking all repairs to each unit.
All fluid mixtures used by SacRT meet or exceed manufacturer’s specifications. Fluid replacement frequencies are based on OEM Preventative Maintenance intervals shown below:
• 10,000 miles/60 days PM — revenue (CNG)
• 20,000 miles/120 days PM — revenue (CNG)
• 40,000 miles/240 days PM — revenue (CNG)
• 60,000 miles/365 days PM — revenue (CNG)
• 10,000 miles/90 days PM — revenue (diesel)
• 20,000 miles/180 days PM — revenue (diesel)
• 90,000 miles/1 year PM — revenue (diesel)
Cleaning
SacRT is required to maintain the cleanliness of the inside and outside of vehicles in a neat, safe, and in the operable condition; such cleaning will include removal of all dirt, debris, and graffiti. SacRT will promptly repair or replace any broken, cut, worn, torn or vandalized components of the buses to eliminate hazards and unsightliness, and to minimize passenger
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discomfort. City will have the right to modify the bus washing schedule to the extent needed to meet this requirement.
On a daily basis, SacRT will complete a physical walk-through of each vehicle placed into revenue service to ensure that the interiors are clean and all trash, soil, dust, and other debris is removed. SacRT will clean interiors of buses as often as needed to ensure they are ready for revenue services the following day.
On a weekly basis, all vehicles utilized in revenue service will be cleaned, including washing and scrubbing of the full exterior, wheels, fuel-fill area, inside of all windows, scrubbing of oil or other excessive residue off the rear end, dusting or vacuuming of all seats, dashboard, stanchions and exposed services, and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc.
Vehicles’ exteriors will always be maintained by SacRT, including without limitation the vehicles’ paint and body work, for an aesthetically pleasing appearance. SacRT is responsible for using only quality grade of soaps and cleaning solvents that will not damage the exterior or interior surfaces of the vehicles, including advertisements, and which meets environment standards and regulations.
All graffiti, interior and exterior, that is cleanable will be removed by SacRT as soon as practicable before bus is placed back in service. If the graffiti is obscene, or gang related, it will be removed immediately by SacRT, or the vehicle will not be used in revenue service until corrected.
All windows and/or inserts that are scratched/etched/fogged to the point of becoming opaque/distorted/seriously damaged causing possible safety issues will be replaced immediately by SacRT, all other windows that are scratched/etched and hamper clear vision will be replaced at least once per year. Scratched/etched and hampering vision will be defined to include bus wash abrasion, graffiti, and damage that does not exceed 50% of the window or contain obscene or gang-related etching.
Seats will be maintained by SacRT in proper operating condition. All tears, cuts, gum, graffiti, and other damage will be repaired by SacRT in a professional manner within seven (7) days of the occurrence. SacRT will replace cushion materials that are worn or cannot be professionally repaired, or cushions that contain graffiti or stains that cannot be cleaned, using seat cover materials that are identical in design and color as those materials being replaced. SacRT will further ensure that all seats are steam cleaned and properly disinfected, as soon as possible, in the event that bodily fluids or solids are deposited on any seats and if seat cushion materials cannot be replaced.
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SacRT will maintain all seats free of excessive dust. Cushioned seats will be vacuumed by SacRT as often as necessary to keep dust to a minimum. Each revenue service vehicle will have the seats, stanchions, ceilings, side walls, and floors scrubbed, washed, or shampooed by SacRT at the 6,000 mile interval requirement of a detail. All seats and surfaces will be completely dry before being placed in revenue.
SacRT Bus Maintenance staff has experience with the storage, maintenance and handling of CNG. CNG tank inspections are done at intervals of one and three years or 35,000 and 105,000 miles. Tanks are inspected as per manufacturer’s (Agility) specifications. Tanks and plumbing are fully inspected for any damages as per the attached inspection sheet. Tank serial numbers are checked and recorded. An updated tank inspection decal is affixed to each tank. Besides our annual tank inspections, the fuel panel area is checked for leaks and high and low pressure fuel filters are replaced, along with shut off solenoid being tested on SacRT’s annual ‘C’ tune ups.
Passenger Amenities
SacRT will meet its contractual obligations contained within this subsection by utilizing the below scope of work and issuing an Invitation to Bid (ITB), and contracting with qualified subcontractors. To monitor the subcontractor, SacRT will utilize the City’s Data Management System (DMS) and will create weekly PM's and assign to the subcontractor. The subcontractor will be responsible for updating their PM with notes and completing the PM in the City’s Data Management System and the SacRT Maintenance Supervisor will verify PM completion. SacRT’s Maintenance Supervisor will do a bi-weekly inspection to check on City’s bus stop cleanliness. After establishing a high level of service and quality checks, this frequency may be adjusted accordingly. City reserves the right to have this work assigned in-house (to City employees), using existing staff, if the contracted work does not meet expectations within the first six months of service.
Bus Stops, Shelters, and Signs: SacRT will provide bus shelter and bus stop maintenance throughout City’s service area; this maintenance will include, but is not limited to, the following:
1. General cleaning including but not limited to, graffiti removal, glass and bench cleaning, glass replacement removal of foreign substances, solar panel cleaning and lighting replacement where applicable, and sweeping shelter interior and sidewalk immediately outside the shelter, City has approximately 80 shelters that require cleaning weekly or bi-weekly depending on usage. Broken glass reported to SacRT will be replaced immediately.
2. General maintenance of bus stop signs and shelters. At present, City has approximately 500 stop locations excluding shelters.
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3. Insert customized route and stop information in the display windows of all City’s shelters, exchange and update with new information and schedules as necessary,
4. Twice yearly pressure washing of all stops using City-approved water recovery procedures, or as required by City to ensure proper cleanliness and safety at each bus stop location. SacRT may be required by City to pressure wash more regularly at high visibility and/or high ridership bus stops.
5. SacRT will provide all cleaning supplies and cleaning equipment required. City will provide materials including bus stop signs, shelters or shelter parts, trash containers, or other items to SacRT to fulfill the stop and shelter maintenance obligation.
6. SacRT may, upon City’s request, be required to service trash and recycle receptacles at the bus shelters, including properly disposing of all materials.
SacRT will comply with California State and Federal procurement and payment of prevailing wage requirements for public works projects, as applicable, as further set forth herein.
SacRT will report any damaged transit amenities to designated City staff. Detailed cleaning plan to be completed by SacRT is summarized below in the Benches, Signs, and Shelter Cleaning Schedule.
Benches, Signs, and Shelter Cleaning Schedule
Upon Discovery
SacRT will repair any damaged bench, sign, and/or shelter which presents a safety hazard, including, without limitation, the following hazards: broken glazing, broken structural parts or damage which results in blockage of pedestrian or vehicular right of way. SacRT will also remove all graffiti.
Weekly
SacRT will clean, weekly, the forty-one critical shelters, including, without limitation, the removal of all accumulated trash and debris, and emptying of the trash containers located at the shelters. SacRT will also remove any unauthorized notices or flyers, tape or other foreign matter (Bi-weekly clean the 37 non-critical shelters).
Monthly
SacRT will perform routine maintenance and minor repair for all benches, signs and shelters at least monthly or upon discovery, whichever occurs first in the damage creates a safety hazard;
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such routine work will include, but is not limited to, the following: removal and replacement of broken glazing, removal and replacement of glazing materials, fasteners, brackets, and repair and/or replacement of any shelter lighting or supporting electrical components.
Note: Any damage to transit shelters, benches, kiosks and signs will be reported to City immediately upon discovery.
Number of Amenities
103 bus stops have trash cans and 75 of these locations will be serviced by SacRT.
80 shelters: 41 critical shelters cleaned weekly, and 37 non-critical shelters cleaned bi-weekly
9 green benches – power washed twice a year
Reporting
SacRT will provide a monthly report of what bus stops and shelters were cleaned pursuant to the City’s bus stop and shelter cleaning requirements established in the Contract.
Cleaning mechanism
Power-washing with heat and an environmentally safe cleaning solution will be the primary cleaning method for City bus stops and shelters.
The tops of the trash receptacles will be wiped down with a disinfectant product only as needed and if power washing does not suffice.
Documentation
City uses the City’s Data Management System in its record-keeping system. The system is part of City’s plan to ensure a documented institutional record of maintenance activity. The system is designed to maintain accuracy and order information management, and represents a complete inventory of City’s transit equipment assets. City’s complete documentation system uses both electronic and hard copy components. As record-keeping media changes with improvements in material and supply management technology, City will update its media accordingly, but it will continue to contain the following foundational elements:
1. Preventive Maintenance Inspection checklist(s) documenting inspections, repairs and other maintenance activities including warranty service
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2. Acquisition documents necessary to the facilities function, including originals or copies of warranties, service contracts and agreements, purchase requisitions and orders, sales receipts, etc.
3. Work Orders
4. Complete and verifiable asset inventory with current custody documentation
5. A budget-tracking database to reconcile and support asset acquisition documentation
6. A City asset control plan and tagging system
Responsible Party
SacRT employees will be responsible for providing all necessary information and data into the City’s Data Management System in order to maintain all appropriate records associated with the preventive maintenance activities operated by SacRT for City.
Daily Vehicle Inspection Repairs
If a safety malfunction is detected as part of SacRT’s daily vehicle inspection process, the operator performing the inspection will notify dispatch. Dispatch will send a yard supervisor to meet the operator and review the issue. If the issue cannot be resolved by the supervisor, an on-duty technician will be dispatched to the yard. The technician will perform an initial assessment of the issue to determine its severity and if the vehicle can be repaired in time for pullout. If the vehicle must be placed out of service, the technician will initiate the lock out tag out process, and a standby vehicle is assigned to the operator.
Daily operational systems functional checks are conducted before the morning pull-out of all assigned buses. The daily operational systems functional check includes, but is not limited to:
1. Start bus; day run and then night run modes
2. Check all outside and inside lights
3. Check head sign, side sign,
4. Check turn signals and emergency flashers
5. Check fare box; coin and bill operation, verify Connect Card operation is functional
6. Check system(s) air pressure and for air leaks
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7. Check all mirrors and windows
8. Check wiper blades and wipe motor operation
9. Check horn for sound and horn pad sticking
10. Check wheels for loose or missing lug nuts
11. Check front and rear door operation, including sensitive edge and touch bars separately for proper operation
12. Check for any oil/coolant/hydraulic fluid leaks
13. Check operation of pull cords and touch strips (stop request)
14. Check heater and defroster operation(winter)
15. Check air conditioner operation (summer)
16. Check for graffiti and cleanliness of interior
Electronic Equipment
All electronic equipment, installed on City’s transit vehicles will be maintained, cleaned and inspected by SacRT technicians for proper operation as part of SacRT’s preventative maintenance cycle. These cycles will be formulated based on OEM recommendations. Necessary repairs and updates will be immediately performed by SacRT and maintenance records will be maintained for each unit.
If an issue is identified during daily vehicle inspection, SacRT will immediately assign a technician to verify the complaint and attempt to complete the unscheduled repair prior to pull-out. If the defect is found while the bus is in service, SacRT will determine if a road call or field repair is appropriate.
All records of equipment defects will be routinely reviewed for repeat failures. SacRT will endeavor to reduce repeat failures through effective preventative maintenance and quality repairs. A sufficient amount of parts for all electronic equipment will be stocked and swing units may be utilized to reduce vehicle down time and support timely repairs. SacRT will utilize SacRT’s current service provider, Delta Radio, to service the two-way radios. SacRT will utilize Delta Radio by amending its’ current agreement.
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Farebox Maintenance
Fareboxes will be cleaned and inspected by SacRT for proper operation as part of SacRT’s preventive maintenance cycle. Necessary repairs will be immediately performed by SacRT and maintenance records are maintained for each unit.
If an issue is identified during a daily vehicle inspection, or while on the road, SacRT will immediately assign a technician to complete the unscheduled repair.
SacRT will train Road Supervisor how to quickly diagnose and repair fareboxes in the field, and must issue field kits, consisting of a bill validator, coin validator, trim, and bill transfer units to facilitate field repairs by the Road Supervisors.
Once the farebox records are reviewed by SacRT to determine if the failure is a repeated problem, SacRT’s technician will diagnose the issue. If the farebox requires replacement of a part in stock, SacRT will immediately make the repair. SacRT will stock swing units (bill validators, trim units, coin validators, etc.) to support timely repairs.
Headsign Programming
As needed when service changes are made, SacRT’s electronics technician will perform all headsign reprogramming.
ADA Equipment
All wheelchair lifts, tie-downs, and related equipment will meet ADA requirements. Driver pre- trip inspections will be utilized to check lift operation before pull-out from the garage. If the lift is inoperable at the time of pull-out, the bus will be repaired or traded before pull-out. SacRT will not operate vehicles in revenue service without functioning ADA equipment, doing so is grounds for contract termination.
Unscheduled Maintenance
Unscheduled maintenance is any work required by premature failure and any failures that are unforeseen, impractical, or impossible to include on a preventative maintenance schedule. These failures may include electrical components, such as turn signal flashers, relays and starters; other components/items, i.e. windshield wiper motors, valves, windshield washer components, door motors, glass, differentials, U-joints, etc. Although these items are checked during PM inspections and are repaired/replaced when it is determined that the useful life is nearing completion, many items have minimal failure indicators or none at all, i.e., a window broken by something being thrown at it.
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A daily review of bus defect slips submitted by bus operators, as well as all occurrences of mechanical failures, are thoroughly analyzed daily to determine the causes of these problems. The analysis serves as the basis for unscheduled bus maintenance beyond that which is required for the actual repair of vehicles exchanged during revenue service for mechanical failures. Daily monitoring of individual bus mechanical performance is effectively accomplished by supervisory and management review. Monitoring identifies deviations (trend analysis) from expected component failure rates, targeting potential trends, so that adjustments can be made to inspection intervals and routine and non-routine maintenance practices. In many cases, timely inspections will help identify the symptoms of a pending failure before they occur on the road.
Rebuilds
SacRT rebuilds the following components in-house on an as needed basis: Engine in-frames, complete engine overhauls, differentials, fuel manifolds, starters, AC compressors. SacRT completes front brake shoe rebuild and replacement on average at 80,000 miles and rears average at 40,000 miles. Gillig - Niehoff alternators are rebuilt every two years and Orion - DelcoRemy bus alternators are done as needed. New Flyer alternators are rebuilt based on OEM recommendations. Air dryers are rebuilt at 60,000 miles as part of the Preventative Maintenance Plan. Farebox components are rebuilt annually.
SacRT has found it cost effective, based on prior experience, to send out for repair/rebuild the following items: transmissions, radiators, cylinder heads, engine blocks, crankshafts and connecting rods.
Engines and transmissions are rebuilt at the direction of City. SacRT purchases engine rebuilding parts in bulk from Cummins and receives better pricing as opposed to purchasing in smaller quantities. Paratransit type vehicle parts are purchased from local Ford dealerships that SacRT is in contract with.
High and low pressure regulators, spark plugs, wires, waste gate valves and coils are all replaced in accordance with OEM specifications and at recommended intervals unless in an “as-needed” instance.
Body Repairs
SacRT’s Bus Maintenance Facility contains a fully functional four bay Bus Body Repair Shop. All repairs to include body structure, panel, glass and interior components are done in-house. Due to the decreased ability to obtain Orion bus body parts, SacRT’s staff has become extremely proficient in panel fabrication as well as body part refurbishment.
192 200 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
Only major frame repairs are contracted to certified frame specialists. SacRT also has a two-bay Paint Shop with a full size bus paint booth capable of complete paint jobs. All body/paint repairs will be evaluated by SacRT’s Body/Fender Mechanics for severity. Most minor body damage repairs are completed within 3-5 days including paint depending on existing work load.
All major body damage will be evaluated and a decision will be made on a case by case basis whether the repairs can be completed by SacRT or contracted out to return the vehicle to operational service as soon as practicable.
SacRT will expeditiously repair/replace buses/equipment damaged or destroyed while in SacRT’s possession.
Contracted Maintenance Activities
The following items represent services for which SacRT contracts (all subcontracts must be duly licensed and certified, and approved in advance by City):
Contracted Services (Informal Bids)
1. Transmission rebuilding
2. Engine cylinder head, engine block, connecting rod and crankshaft overhauls
3. Vehicle glass replacement
4. Vehicle glass repair
5. Revenue vehicle tire service
6. Non-revenue vehicle tire service
7. Non-revenue vehicle repair service
8. Vehicle towing
Routinely Contracted Services (Blanket Purchase Orders)
1. Non-revenue car wash services
2. Non-revenue vehicle Elk Grove striping
193 201 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
Towing
SacRT will be responsible for arranging the towing of all vehicles, whether on or off-site. SacRT will be responsible for all costs for towing vehicles. Towing will be performed properly to assure against damages to the vehicles. Any damage resulting from improper towing procedures will be the responsibility of SacRT to repair.
Road Calls
SacRT is responsible for performing road calls, when necessary, in an expedient manner. SacRT will take every step possible to assure the least inconvenience and discomfort to the passengers. In order to meet this requirement, the replacement bus will leave the yard within 10 minutes of the need for replacement. All road calls will be immediately reported using City’s Data Management System.
VII. PLAN PERFORMANCE
City’s performance metric is 10,000 miles between roadcalls. City uses the FTA definition of Major and Other Mechanical Failures. A roadcall will be defined as follows per FTA: "A transit agency must count each system failure as it occurs even if the agency immediately substitutes another vehicle and no revenue service is lost. Additionally, an agency must report a failure even if the agency later determines there is no actual problem with the vehicle." Finally, FTA defines a roadcall as a vehicle being unable to start or complete service, even if it happens in the yard or on the way to the first stop.
VIII. PARTS AND INVENTORY
SacRT will provide City with a cost efficient spare parts inventory that will ensure parts availability for both scheduled and unscheduled repairs on the various vehicle sub-fleets, components, and equipment used in City’s transit service. The parts’ serviceable condition, projected usage, availability, and procurement quantity breaks will play a major factor in determining inventory quantities.
Included in the SacRT and City fleets are vehicles manufactured by Orion, New Flyer, El Dorado, and Starcraft. Repair parts for these vehicles are a part of the SacRT inventory. Due to the fact Orion is no longer in business, their OEM repair parts availability are decreasing and their delivery times are increasing.
In order for part components to be included in the inventory will depend on various factors. Consideration will be determined if a part is maintained in, added to, or removed from City’s parts inventory list. They will also be contributing factors in assigning each part number a stock level. Part stock level indicators will be comprised of the maximum quantity each part number
194 202 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract will have on hand and the inventoried parts reorder point (minimum) which represents the on- hand quantity that stimulates inventory replenishment of this part.
There are a number of components to this evaluation process. Projected and historical usage of a part will determine if its demand supports the item being inventoried. Being readily available from a local vendor may also impact the stock levels or negate a need for it to be inventoried. Delivery lead time of a part from both OEM and aftermarket vendors may impact its stock level. A part that has been identified to be used routinely when a particular scheduled PM repair is performed or due to it having a short service life, if it is repetitively replaced.
In the event repair part distributors are temporarily unable to provide a needed part or has provided a long lead time, there is the possibility those parts can be drawn out of the SacRT inventory and enable the vehicle to be repaired, in a timely manner. The Motor Coach Incorporated (MCI) vehicles parts distributor, New Flyer Parts, is a company SacRT has been doing business with for the past 13 years.
An inventory parts usage and on-hand quantities validation process will be on-going throughout each fiscal year. During the course of each month, various segments of the City’s transit parts inventory will be counted and reconciled. At the conclusion of each 12-month period of time, every inventoried part will have been cycle counted at least once. Parts with high usage will be cycle counted periodically throughout the fiscal year. The number of times they are counted is dependent on their annual usage. A vehicle work order system will be used to issue parts out of the inventory. The quantity of each part issued and its unit cost will be assigned to a vehicle associated to the work order.
City’s Data Management System will be used to enter work orders and track all parts purchased and issued for City vehicles. This will allow City to quickly and easily reconcile the parts purchased and used.
IX. QUALITY CONTROL
Quality control is accomplished using industry best standards and practices, manufacturer’s recommendation, and regulatory requirements, is implemented through management and supervisory direction, and is measured through performance and reliability data. No time frames are established for work performed while a bus, system, or sub-system are being worked on. All jobs will be completed in a reasonable amount of time based on problems found, and the amount of work required to complete the task that will enable the bus to be placed in revenue service in a safe, reliable condition, without the necessity of further repairs prior to the next scheduled maintenance interval. All coaches will be visually inspected each and every time it is brought into the shop for any reason. All items in need of attention/repair are added to an existing work order or a new work order is entered into the City’s Data Management System and the repairs are completed
195 203 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
Quality control is also accomplished/monitored through data reports as follows:
1. Fleet Mileage Report – Monthly
2. Vehicle Mileage and Fuel Report – Daily
3. Vehicle Notifications – PM Due – Daily
4. Vehicle Inspection (Operator’s Trouble Report) – Daily
5. Fuel and Oil Mileage Report – Daily
6. Road Call Frequency Analysis – Monthly
7. Brake and Undercarriage Inspection Report – Weekly
8. Employee Work Hours Analysis – As needed
9. Fleet Consumption Summary – Monthly (cumulative)
10. Fleet Cost Summary – Monthly (cumulative)
All maintenance analysis is performed on a daily, weekly, and/or monthly basis utilizing the above reports by the Director of Bus Maintenance, Maintenance Superintendent and key administrative staff.
X. TRAINING
SacRT employees will receive regular training on all electronic equipment installed on City’s buses with the exception of the two-way radio. This training will include, but is not limited to, operation, inspection and repair of components. Training may be provided by SacRT’s Maintenance Trainer, Electronic Mechanics and vendor supplied training. The frequency of tasks necessary in the preventative maintenance (PM) program is monitored in and distributed by City’s Data Management System and performed in intervals/cycles which are distinguished by various system and sub-systems identified in City’s Data Management System
All consumables (engine oil, transmission fluid, power steering fluid, anti-freeze, windshield washer fluids and fuel) are checked on a daily basis, replenished, and documented as needed.
All preventive maintenance has been established based on testing performed by SacRT or by manufacturer’s recommendations (whichever is stricter) to optimize the life of the bus, its systems and sub-systems. In addition, a weekly brake/suspension inspection is performed on all
196 204 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
buses. The inspection includes, but is not limited to; brake adjustments, suspension systems, all safety components and the visual inspection of all under-floor running gear, including steering and wheelchair lifts.
SacRT Maintenance Department to inspect and repair all items/ components, including those of a structural and cosmetic nature, during preventative maintenance, thereby minimizing unscheduled maintenance while ensuring the highest mileage possible between road calls. City’s Data Management System provides accurate, up-to- date mileage and data for every bus/non-revenue vehicle on a daily basis and triggers the PM inspections in addition to tracking all repairs to each unit.
XI. NON-REVENUE VEHICLES
Maintenance on non-revenue vehicles will be performed by a fully qualified mechanic. Preventive maintenance is performed either on a time or mileage basis. Vehicles that do not operate on surface streets, such as forklifts, sweeper, etc. and vehicles accruing low monthly mileage receive scheduled maintenance based on a given time frame (i.e., one month, two months, etc.). All other vehicles receive scheduled maintenance based on mileage.
SacRT will provide a vehicle(s) for maintenance shop personal and bus stop maintenance. All SacRT-owned maintenance vehicles will never be older than five (5) years or have more than 150,000 miles during the term of the Contract and it will be the responsibility of SacRT to replace, clean, fuel and maintain its vehicles at its own cost and expense. The vehicle(s) will be of adequate size, equipped with however not limited to safety lighting, road call equipment and bus stop maintenance supplies/tools. The vehicle(s) will be clearly identified with City approved transit decals.
XII. DEPARTMENT ADMINISTRATION
While this maintenance plan explains how SacRT will maintain City’s revenue and non-revenue vehicles in a general overview, the Standard Operating Procedures (SOP's), Maintenance Notices (MN), and Service Bulletins (SB) may describe in greater detail how bus maintenance tasks and inspections (general and specific) are performed.
SOPs, MN’s, and SB’s are applied as follows:
1. Standard Operating Procedure – a written document or set of instructions detailing all steps and activities of a process or procedure to be followed routinely for the performance of designated operations or in designated situations These should be carried out without any deviation or modification to guarantee the expected outcome.
197 205 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
2. Maintenance Notice – description of a practice, process, or rule that is applicable to equipment or personnel and is not appropriate for inclusion in a Standard Operating Procedure (SOP)
3. Service Bulletin – a maintenance practice recommendation; notification of a potential problem or pending modification(s); or provides details of a fix for a known problem. May be specific to a sub-fleet or applicable to the entire vehicle fleet.
By using SOPs, Maintenance Notices, and Service Bulletins, SacRT’s Bus Maintenance is better able distribute information to ensure that the most current update is made available to the workforce.
XIII. LOCK OUT/TAG OUT
SacRT will use “Lock-Out/Tag-Out” procedures as defined below. The lock-out/tag-out procedure prevents vehicles or other power equipment that are out of service for repair from being accidentally used in service. This process includes the following actions:
Lock-Out: The vehicle or equipment is marked noting Out-Of-Service (OOS) and disabled when not being actively repaired.
1. An OOS marking is placed on the operator side windshield (or OOS cover placed on steering wheel) of any vehicle that is not safe to operate.
2. Maintenance shop equipment must be secured, if damaged or not in use, to prevent usage until properly repaired. These items will be clearly tagged with a “DO NOT USE” sign.
3. These markings will only be removed by maintenance department personnel.
4. OOS status will be noted on the vehicle maintenance board (and monitor)
5. Tag-Out: The vehicle will be tagged out in dispatch so keys cannot be distributed.
These procedures are reversed when returning a vehicle/ equipment to service.
XIV. WARRANTY
SacRT is responsible for maintaining proper records and maintenance on the vehicles and their sub-components as per applicable warranty requirements. SacRT will work with City in assuring all requirements are met, and that paperwork for warranty repairs are processed on a timely basis. Additionally, SacRT is responsible for ensuring that employees are properly trained to
198 206 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract perform warranty work as required by City. Any warranty reimbursements from vendors will go to City.
SAFETY EQUIPMENT
Personal Protective Equipment (PPE) will be provided by SacRT to mechanics such as safety glasses, hearing protection, steel-toe shoes, safety vests, etc. ANSI Class II safety vests are required to be worn while in the lot, the service island, on a road call, and during servicing operations. Steel–toe shoes are required to be worn by mechanics. All other PPE’s will be issued by SacRT as needed. All SacRT maintenance employees will be provided a copy of SacRT’s PPE Guidelines. Notices will be posted by SacRT in the shop area enforcing PPE requirements.
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EXHIBIT K – CITY’S ASSETS
To be determined prior to SacRT’s implementation of City’s transit operations and maintenance service, following adoption of this Contract.
200 208 City of Elk Grove Sacramento Regional Transit District Transit Operations Contract
EXHIBIT L – General Parts and GFI Farebox Inventory
To be determined prior to SacRT’s implementation of City’s transit operations and maintenance service, following adoption of this Contract.
201 209 ATTACHMENT 3
210 211 AGENDA ITEM NO. 10.1
CITY OF ELK GROVE CITY COUNCIL STAFF REPORT
AGENDA TITLE: Receive information and provide direction to staff regarding potential alternatives for Transit Services and Maintenance Operations for the City of Elk Grove MEETING DATE: December 12, 2018 PREPARED BY: Michael Costa, Transit System Manager DEPARTMENT HEAD: Robert Murdoch, Public Works Director / City Engineer
RECOMMENDED ACTION: Staff recommends that the City Council receive information and provide direction to staff regarding potential alternatives for transit services and maintenance operations for the City of Elk Grove. BACKGROUND INFORMATION: In January 2005, the City of Elk Grove (City) assumed responsibility for the administration and implementation of all fixed-route transit services to/from and within the City of Elk Grove from the Sacramento Regional Transit District (SacRT). This service was branded by the City as “e-tran.” The City also initiated a Service Agreement with SacRT, which is maintained to this day, in order to ensure that the City could operate both local and commuter transit services within SacRT’s district boundaries (i.e., services to and from downtown Sacramento, nearby light rail stations, and Rancho Cordova), and to provide the City one direct representative on SacRT’s Board of Directors. Per the Service Agreement’s provisions, the City also is required to pay SacRT a “proportionate share payment” each year for regional services provided by SacRT that benefit the City. Under the current Service Agreement, the City’s annual proportionate share payment to SacRT is $350,000.
212 Elk Grove City Council December 12, 2018 Page 2 of 10 In July 2006, the City took over all Americans with Disabilities Act (ADA) demand response services from Paratransit, Inc., for residents of Elk Grove, forming its own on-demand paratransit service, which the City branded as “e-van.” E-van service is available only for ADA-eligible riders that have qualifying physical and/or cognitive conditions that prevent them from riding e-tran’s fixed-route services, and to members of the public over the age of 75. Originally, the e-van service allowed riders to receive trips both within the City’s jurisdictional limits and to other parts of the region for medical or personal appointments. However, in February 2015, the City Council adopted new e-van policies to limit the service area to be predominantly within the City’s jurisdictional limits for all new riders, with some allowance for trips to medical facilities located in South Sacramento, adjacent to the City’s border. This was done primarily in consideration of the large costs associated with transporting riders regionally versus limiting trips to within the City’s jurisdictional limits. Currently, riders who want a regional trip can utilize the City’s e-van service to travel to/from a transfer location with Paratransit, Inc.’s regional service that enables riders to continue their trip beyond the City’s limits. In April 2017, the City was approached by SacRT who expressed interest in operating all of the City’s transit services. In response, City staff requested SacRT to provide more information that would allow staff to understand how the operation would function, and how much it would cost. In October 2017, the City received a formal cost proposal from SacRT to operate and administer the City’s e-tran and e-van services. City staff, with the help of Solutions for Transit, an independent consultant hired by the City, analyzed the cost proposal and worked with SacRT staff to refine the cost proposal, until a final proposal was provided to the City in February 2018. This final cost proposal identified the pricing for SacRT to operate and administer the City’s e-tran and e-van services, as well as provide maintenance functions, in the same manner as the City’s current contractor MV Transportation (MV). SacRT’s cost proposal identified comparable wages, improved medical benefits, and a greater retirement contribution for bus operators, dispatchers, customer service representatives, and maintenance staff compared to the City’s current contract with MV. However, SacRT’s cost proposal also considered economies of scale savings through the consolidation of certain administrative functions and staff positions with
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existing SacRT staff, as well as the elimination of contract profit mark-up costs (since SacRT is a public entity). Lastly, SacRT’s cost proposal identified some potential overall cost savings to the City that could be achieved through the elimination of the City’s proportionate share payment, which would otherwise be paid to SacRT if the City contracted for services with another contractor. Utilizing information provided in SacRT’s cost proposal, and MV’s current contract, the table below summarizes a comparison between SacRT’s anticipated annual contract costs and MV’s annual costs.
SacRT Year 1 Year 2 Year 3 Year 4 Year 5 Fixed-Route Costs $5,459,703 $5,618,743 $5,782,554 $5,951,280 $6,124,852 Paratransit Costs $1,297,504 $1,335,300 $1,374,230 $1,414,327 $1,455,577 Subtotal $6,757,207 $6,954,043 $7,156,784 $7,365,607 $7,580,429 Minus Proportionate ($350,000) ($350,000) ($350,000) ($350,000) ($350,000) Share Payment Costs Total Costs $6,407,207 $6,604,043 $6,806,784 $7,015,607 $7,230,429
MV Optional Year Optional Year Optional Year 1 2 3 There are no additional optional years in MV's current Fixed-Route Costs $5,369,534 $5,461,105 $5,550,304 contract to compare to Paratransit Costs $1,212,866 $1,238,764 $1,264,161 SacRT’s cost proposal Total Costs $6,582,400 $6,699,869 $6,814,465
In order to fully understand this cost proposal, City staff requested that SacRT provide an Operations Plan and Maintenance Program that would effectively demonstrate how SacRT intends to implement the City’s transit services in a manner that would maintain existing service and performance levels, ensure customer service satisfaction, follow established maintenance and cleaning routines (for buses and shelters), and implement other contracted administrative reporting requirements for the City. SacRT submitted a draft Operations Plan and Maintenance Program in September 2018, which requires further refinement as part of negotiating a final contract.
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ANALYSIS/DISCUSSION: The City’s current contract with MV expires on June 30, 2019. While the City has the option to execute up to three, one-year contract extensions with MV, staff believes that there are benefits to pursuing a contract with SacRT upon the termination of MV’s contract in June 2019. In addition, because this contract would be established between two public agencies, the City is not required to conduct a formal procurement process (Request for Proposal), pursuant to Federal regulations, and could decide to contract with SacRT for the City’s transit services at any time. Benefits of contracting with SacRT include:
• MV, and several other private transit contractors and public transit agencies across the State, have been experiencing a bus driver shortage over the past year. This shortage has stemmed primarily from a robust economy with low unemployment that has offered potential bus drivers more competitive wages and benefits in sectors outside of public transit. The City has been impacted by this driver shortage over the last year, with several routes running late, or being missed completely, due to a lack of available drivers to run the service. With more competitive wages/benefits, and a larger local pool of available drivers, contracting with SacRT may encourage greater driver retention and availability for the City’s transit services.
• Over the last year, several local efforts have been made to encourage greater regional collaboration between SacRT and the region’s suburban cities on transit operations, long-range planning for larger transit capital projects, and Federal and State competitive funding opportunities. Some smaller jurisdictions, such as the cities of Folsom and Citrus Heights, have even taken steps to annex their services back into SacRT’s district. Contracting transit services with SacRT could provide the City with a greater ability to collaborate with SacRT on regional transit operations and long-range capital planning efforts.
• Should the City consider any future possibility of annexing all transit services back into SacRT, contracting with SacRT would provide SacRT with the opportunity to operate and fully understand the City’s unique e- tran and e-van transit services and operations, while still allowing the City to maintain full oversight and administration of all transit services during the contract term. Annexation could then be considered once SacRT demonstrates the ability to provide satisfactory service.
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In recognizing these contract benefits, City staff and Solutions for Transit have developed a proposed contract document that incorporates the Operations Plan and Maintenance Program developed with SacRT. The proposed contract establishes a five-year term, and contains many of the same contract provisions that are currently established in the City’s contract with MV. Defined liquidated damages, similar to those established in the City’s current contract with MV, are contained in the proposed contract to ensure that SacRT’s performance can be monitored and assessed for deficiencies at the City’s discretion. SacRT was provided the proposed contract document for review on November 5, 2018. On November 20, 2018, staff received 82 comments, and a large number of additional contract revisions/edits from SacRT regarding the provisions and language contained in the proposed contract. Below, staff has summarized some of the main contract components and provisions that need to be further vetted and negotiated:
• SacRT has identified several objections with the proposed liquidated damages provisions that are included in the proposed contract. Consistent with the City’s current contract with MV, the liquidated damage provisions are not intended to be punitive, rather, they are meant to compensate the City for damages in the event SacRT fails to fully perform essential requirements of the contract. Such damages include, but are not limited to, compensating the City for the additional administrative burden related to contract enforcement and monitoring, loss of ridership (revenue) and public goodwill, cost of replacement services, and the lost contract benefit resulting from SacRT’s failure to fully perform.
• SacRT has identified concerns with the City’s indemnification, insurance liability, and performance bond requirements that the City currently applies to its contract with MV.
• SacRT has proposed revisions to key staffing and other operational contract provisions (e.g., operational service standards, bus shelter maintenance, cleaning, and reporting requirements, etc.) that do not comply with the City’s current contractual performance standards with MV.
216 Elk Grove City Council December 12, 2018 Page 6 of 10 City staff, in coordination with SacRT, has also contacted the Federal Transit Administration (FTA), which oversees the City’s administration of all Federal funding provided for transit operations and capital projects. This was done to ensure that the City could proceed with this contract option with SacRT without jeopardizing the City’s awarded or future Federal funding. The FTA has not identified any present concerns with the City’s proposed contract with SacRT. However, should the City decide to pursue annexation to the SacRT District at some point in the future, the FTA has requested to be consulted during this process so that City-assets which were purchased with Federal funding can be properly transferred pursuant to Federal requirements. Assuming acceptable contract language can be negotiated, staff recommends entering into a contract with SacRT that would take effect following completion of MV’s current contract on June 30, 2019. This time frame would afford the City an opportunity for greater collaboration with SacRT on regional services, operations and planning, and to fully understand how SacRT can operate the City’s unique services in a manner that would ensure the highest performance outcomes possible for the City. Should the City Council direct staff to pursue contract negotiations with SacRT, SacRT will initiate final labor negotiations with its union to provide the City with a final contract cost proposal that will be brought to the City Council, along with a final contract document by no later than March 13, 2019. In order to successfully prepare for the administration of the City’s contract transit services and operations on July 1, 2019, SacRT staff indicated they would need at least 90 days subsequent to the contract’s adoption for preparation. This preparation would include hiring and training staff for the new contract, as well as finalizing all necessary purchases for implementing the contract’s operational provisions. In the event SacRT and the City do not reach a final agreement on the proposed contract, the City Council must consider exercising executing the first optional year of the City’s current contract with MV. This would allow MV to properly prepare for the continuation of the City’s existing transit services in Fiscal Year 2019-20. Should the City choose not to execute the optional contract year with MV, the City would have to immediately start the competitive procurement process for a new contractor to operate transit services beginning on July 1, 2019. For this to occur, staff has determined that the City and SacRT must reach an agreement on the final terms of the contract by no later than January 16, 2019.
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ALTERNATIVE ACTIONS: On October 24, 2018, staff was directed by City Council to return with information regarding the advantages and disadvantages associated with annexing back into SacRT’s district. Annexation would be a potential alternative to contracting transit services with SacRT following the expiration of MV’s current contract in June 2019. At this time, the City’s specific terms regarding annexation have not been established. However, the following bullets briefly summarize some of the potential opportunities and constraints that may be associated with annexing the City back into SacRT’s district for all transit services. Opportunities
• The City’s representative on the SacRT Board of Directors would receive a higher share of the total available votes on the Board (based on current District configuration, the City would go from 4 votes out of 100, to 13 votes out of 100; this number could change as additional territory is annexed to the SacRT District). Alternatively, a second seat on the SacRT Board could be pursued.
• SacRT may be able to leverage the City’s population and funding resources to pursue competitive Federal and State grant funding opportunities for capital projects, which, if awarded, could benefit the City and greater Sacramento region (e.g., Blue Line light rail service extension into Elk Grove city limits). This could include capitalizing on available Senate Bill 1 funding opportunities.
• By annexing directly into SacRT’s district, the City may receive immediate access to regional service opportunities such as SacRT’s microtransit service and regional paratransit service trips, as well as other SacRT resources.
• SacRT would immediately assume all liabilities, costs, and capital assets through annexation, eliminating the City’s financial responsibility to maintain transit assets and address capital replacement needs (including any State requirement to convert the City’s transit fleet to zero emission technology). In addition, SacRT has indicated that they are willing to assist the City with eliminating Transit’s negative Fund Balance, through possible incremental payments to the City over a period of time, should the annexation occur.
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• The City’s current service level (local, commuter, and paratransit) would be maintained in the same manner as the service is currently provided, and it may be increased pending available SacRT funding resources.
• All existing administrative, operations, and maintenance personnel (City and contracted employees) may be hired by SacRT at comparable, or enhanced, wages and benefits, since SacRT will require personnel to continue operating transit services in the City. Constraints
• The City would relinquish all control of Federal and State funding that is currently received by the City for transit capital and operating expenses, as well as all transit fare revenues generated.
• All final transit service decisions would be made by SacRT’s Board of Directors. While the City Council’s input and direction can be considered for any major service decisions following annexation, SacRT’s Board of Directors ultimately have the authority to make a final decision regarding whether services are implemented, eliminated, or otherwise modified, based on SacRT’s performance and other operational criteria for funding and implementing regional transit services.
• If the City wanted to implement any specialized transit services in order to entice specific local development projects within the City, that transit service would have to be considered and approved by the SacRT Board of Directors.
• SacRT stated that all of the City’s existing services (local, commuter, and paratransit) would be maintained in the same manner as currently provided should annexation occur. However, SacRT could still reduce service to the City if they experience overall funding reductions due to an economic downturn or any other factor(s) determined by the SacRT Board of Directors in the future.
• Any public requests for specialized services or complaints about service performance (e.g. commuter and paratransit services) affecting the City would be considered by the SacRT Board of Directors, and not by the City Council, for implementation and/or resolution.
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Staff does not recommend annexation at this time. By executing a contract with SacRT to operate the City’s transit services, the City will continue to control all Federal, State and local funding for its transit operations. The City would also maintain control over its ability to provide specialized transit services at its sole discretion. In addition, the City could utilize the contract period with SacRT to evaluate SacRT’s performance, determine if there are additional benefits with annexation, and define what the City’s specified terms for annexation may be, before fully relinquishing local control of the service. The proposed contract with SacRT contains language that identifies the City’s intent to negotiate annexation with SacRT at, or prior to, the end of the five year contract. If the City Council does not wish to pursue the contract option with SacRT, and instead wants to further consider annexation, a second alternative would be for the City Council to execute the first optional contract year with MV. This would allow staff to begin formal negotiations with SacRT to define the terms of annexation for the City. This process would also include greater public outreach to involve existing riders in the annexation process, especially those utilizing some of the City’s more specialized services such as the commuter and paratransit services. Also, this would allow time to discuss annexation with the Sacramento Area Council of Governments (SACOG) and FTA in order to ensure that funding and assets are properly transferred. Staff recommends that the City Council consider this alternative only as a means to afford the City sufficient time to properly vet and negotiate annexation terms with SacRT, as well as ensure that the appropriate public and governmental stakeholders are properly involved in this process.
FISCAL IMPACT: Under the present cost proposal from SacRT, and the proposed contract document that has been provided to SacRT for consideration, the City anticipates that contracting with SacRT for a period of five years would cost approximately $35.7 million. However, should the City initiate a contract with SacRT, a cost savings of $1.75 million would be achieved for the City’s overall Transit budget due to the elimination of the City’s proportionate share payment to SacRT, which would otherwise have to be paid to SacRT if the City contracted with another contractor.
220 Elk Grove City Council December 12, 2018 Page 10 of 10 Similar to the current contract with MV, both Federal and State funding sources would be utilized to cover all contract expenses during the duration of the contract’s term. Staff does not anticipate that any General Funds would be utilized for this contract. At this time, staff’s cost assumptions are based solely on SacRT’s cost proposal that was provided to the City in February 2018. It was agreed that the final costs for SacRT’s operations and maintenance functions would be determined after the City formally identified direction to enter into contract negotiations with SacRT for the City’s transit services. This direction would allow SacRT staff to negotiate final costs and benefits with their labor union. However, SacRT staff has assured City staff throughout this process that final contract costs are not anticipated to vary significantly from the costs that were contained within the February cost proposal. Should staff receive direction from the City Council to formally negotiate a contract with SacRT, City staff will bring back a more detailed financial analysis and breakdown of final contract costs, along with the final contract document, for the Council’s consideration by March 2019. It is important to note that by maintaining control of all Federal and State funding through this contract option with SacRT, staff anticipates a continued decrease to Transit’s negative fund balance over the next five years. Transit’s current negative Fund Balance is approximately $5.356 million as of the start of FY 2018-19. When the City’s FY 2018-19 budget and five-year budget projections were prepared in April 2018, staff utilized a projected contract rate that reflected SacRT’s cost proposal information available at that time. Assuming that the City does not significantly increase transit services (i.e. implement new routes, and/or higher frequencies, etc.), and Federal and State funding allocations continue to be received by the City as forecasted in the five-year budget projections, staff anticipates that Transit’s negative Fund Balance may be eliminated by the end of FY 2021-22.
ATTACHMENT: 1. E-tran System Map
221 222
Attachment 1 E-tran System Map Effective October 29, 2017
To Downtown Sacramento To Butterfield Light Rail Station Downtown Sacramento Butterfield Light Rail Station
To Downtown Sacramento er iv R Downtown I ST Plaza Golden 1 Center an J ST ic Raley er m Field r A e 19 vd iv l 9TH ST State B R 8TH ST 17
PowerRd Inn m o P ST Capitol t so n l e L ST 15 Fo m Q ST a CAPITOL AVE r 15TH ST SACRAMENTO c 10 Sa 16TH ST N ST 4TH ST 13 5TH ST 16 9TH ST P ST Co Butterfield Q ST su m 18 Light Rail Station RANCHO Sacra ne mento s R T.R. SMEDBERG CORDOVA RT L iv Rd Bradshaw ight R er Blvd M.S. ail (B lue L R ST ine) C 115 SHELDON H.S. BRADSHAW e 114 Elk Grove Florin Rd Florin Grove Elk CHRISTIAN n 29TH ST 30TH ST t Calvine Rd VALLEY Ca lvine Rd 19 e CALVINE H.S. 19 17 Rd Bradshaw H.S. 17 r 114 114 P GOLDEN WEST k MONTEREY TRAIL ACADEMY w H.S. RT / SCT Link y EDWARD HARRIS, JR. M.S. PERRY 10
13 14 114 16 JONES 12 116 18 15 11 110 Rd Bader 115 SAINT PETERS Grant Line Rd LUTHERAN Excelsior Rd Excelsior Sheldon Rd RAU 15 Sheldon Rd Elk Grove City Limits Boundary 110 10
14 115
114 BrucevilleRd
MIX E Stockton Blvd B PINKERTON 19 ELK GROVE ig H o rn Blvd 13 Pleasant Grove School Rd BETSCHART 16 FITE 14 14 LAGUNA 18 12 LAGUNA CREEK COMMUNITY H.S. CAMDEN PARK PLEASANT GREENBELT 19 CASE GROVE WACKMAN 111 H.S. Laguna Blvd 10 KATHERINE
L. ALBIANI Laguna Rd Florin UNDERWOOD M.S. 114 Crossroads 110 Bond Rd Bond Rd 113 13 11 Laguna Blvd 19 115 e-TRAN Local C Commuter 19
Ha 112 113 ZEHNDER 113 16
116 113 Wilton Rd r
B
b HARRIET PEDERSON ig o G. EDDY
M.S. H
u KLOSS Dr City Hall r o
113 LAWRENCE r Longleaf E Stockton Blvd
Po n
19 18 Police Grove Elk 13 115 B HILL SIMPSON i MIWOK n
l
v 113 t d
D WatermanRd 12 r Valley Hi JOSEPH
Franklin Blvd KERR
Country Club Rd Bradshaw 112 M.S. 111 JOHNSON 10 STRONG Laguna Promenade Elk Grove Blvd Commuter Routes Elk Grove Blvd 16 16 111 12 116 116 116 112 10 11 SCT Link Route 10 BAKER 11 Elk Grove Civic Center Dr 11 Commons 112 MILES Route 11 Park and Ride Lot WILLARD 12 LUTTIG 112 12 Route 12 e-TRAN Transfer Points Local C Commuter Civic Center 13 110 Route 13 GATES 111 DERR-OKAMOTO 14 Route 14 RT / SCT Link
Fire Poppy Dr Fire Poppy HORSESHOE 15 12 COSUMNES OAKS ELK GROVE Route 15 e-TRAN Local C Commuter H.S. H.S. terra Dr 16 Route 16 MORSE Bella ELIZABETH COMMUNITY 112 PINKERTON 17 SCT Link JOHNSTON M.S. 13 Route 17 NOTTOLI Whitelock Pkwy 113 18 Route 18 110 e-TRAN Local C Commuter 111 111 Grant Line Rd 19 11 W Stockton BlvdELK GROVE Route 19 FRANKLIN REGIONAL KUNSTING H.S. BARTHOLOMEW PARK STONE LAKES SPORTS PARK Local Routes
NATIONAL TOBY JOHNSON Dr WILDLIFE REFUGE M.S. Elk Grove Center
d 110 Route 110 R 111 Route 111
e
l
l i Hampton Oak 112 Route 112 v 110 e 113 MACHADO c Route 113 DAIRY u Dillard Rd
r Kaiser Elkmont Way 114 P Route 114
B ro 115 n Route 115 BACKER e Bilby Rd m 116 111 a Route 116 d e P k wy
010.5 Kammerer Rd Miles
Source: Elk Grove Transit, Elk Grove GIS, 2017
G:\PROJECTS\TRANSIT\ETRAN_SRVCHG\Layouts\System_Map.mxd 4/13/2018