RIVERSIDE TRANSIT AGENCY 1825 Third Street Riverside, CA 92507 (951) 565-5000
REQUEST FOR PROPOSALS (RFP) 17-008
ADA/DIAL-A-RIDE TRANSPORTATION AND CALL CENTER SERVICES
The Contract to be awarded will be subject to a federal financial assistance contract between the Agency and the California Department of Transportation
Key RFP Dates
Issued: March 10, 2017
Pre-proposal Conference: March 24, 2017
Written Questions: April 7, 2017
Response to Questions: April 14, 2017
Offers Due: May 1, 2017
Interviews: May 31 / June 1
1825 Third Street P.O. Box 59968 Riverside, CA 92517 Phone: (951) 565-5000 Fax: (951) 565-5001 March 10, 2017
SUBJECT: NOTICE OF REQUEST FOR PROPOSALS RFP 17-008: ADA/Dial-a-Ride Transportation and Call Center Services
Gentlemen/Ladies:
The Riverside Transit Agency (Agency) invites proposals from qualified Contractors to provide ADA/Dial-a-Ride transportation and call center services; the use of subcontractors to supplement and enhance our ADA/Dial-a-Ride service productivity through the use of brokering or other alternative transportation models is encouraged.
Proposals must be submitted at or before 2:00 p.m., on May 1, 2017.
If Proposals are delivered using the United States Postal Service, Offerors’ shall use the address specified below:
Riverside Transit Agency Purchasing Department 1825 Third Street P.O. Box 59968 Riverside, CA 92517-1968 Attention: N. Zaragoza
Proposals and amendments to proposals received after the date and time specified above will be returned to the Offerors unopened.
Parties interested in obtaining a copy of this Request For Proposals (RFP) 17- 008, may do so by visiting RTA’s website at www.riversidetransit.com and downloading the document. A request may also be submitted by faxing the request to (951) 565-5195. Please include the following information:
• name of firm • address • contact person
Notice of Request for Proposals RFP 17-008: ADA/Dial-a-Ride Transportation and Call Center Services March 10, 2017 Page 2
• telephone number, facsimile number and e-mail address • Request For Proposals (RFP) 17-008
Copies of this Request For Proposals may also be obtained by calling the Purchasing Department at (951) 565-5194.
A pre-proposal conference will be held on Friday, March 24 at 10:00 a.m. at Agency’s Riverside facility located at 1825 Third Street, Riverside. All prospective Offerors are urged to attend the pre-proposal conference.
The Offeror(s) will be required to comply with all applicable equal opportunity laws and regulations.
The Contract to be let will be subject to a federal financial assistance contract between the Agency and the California Department of Transportation. Therefore, all Offerors will be required to certify that they are not debarred, suspended, or otherwise excluded from participating in federally assisted projects.
Offerors shall ensure that in regard to this RFP, Disadvantaged Business Enterprises (DBE’s) will be afforded full opportunity to compete for subcontracting work and will not be discriminated against on the grounds of race, color, age, national origin, ancestry, sex or religion. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. The successful firm shall assist the California Department of Transportation, through RTA, in meeting its federally mandated statewide overall DBE goal; please see Section IV of this document for specifics.
Interviews are scheduled for May 31 and June 1, 2017. Please keep these dates open.
Should further information or clarification be needed, please contact the undersigned at (951) 565-5194.
Sincerely,
Natalie J. Zaragoza Director of Contracts
TABLE OF CONTENTS
PAGE
NOTICE FOR REQUEST FOR PROPOSALS
SECTION I INSTRUCTIONS TO OFFERORS 1
SECTION II PROPOSAL CONTENT 7
SECTION III EVALUATION AND AWARD 17
SECTION IV. DISADVANTAGED BUSINESS ENTERPRISES 20
EXHIBIT A SCOPE OF WORK
Attachment 1 Service Parameters and Area Map
Attachment 2 DAR Service Guide
Attachment 3 Assigned Vehicles
Attachment 4 Drug Free Work Place - Regulations
Attachment 5 Glossary of Terms
Attachment 6 Fare Reconciliation Form
Attachment 7 Fuel Calculation Example
EXHIBIT B COST AND PRICE FORMS
EXHIBIT C PROPOSED AGREEMENT
EXHIBIT D REQUIRED FORMS
RFP 17-008
SECTION I
INSTRUCTIONS TO OFFERORS
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RFP 17-008
SECTION I
INSTRUCTIONS TO OFFERORS
A. PRE-PROPOSAL CONFERENCE
A Pre-Proposal conference will be held on Friday, March 24, 2017 at 10:00 a.m. at the Agency’s Riverside facility on 1825 Third Street. All prospective Offerors are strongly encouraged to attend the Pre-Proposal Conference.
B. EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Offeror(s) represents that it has thoroughly examined and become familiar with the services required under this RFP and that it is capable of performing quality services to achieve the Agency’s objectives.
Failure to comply with all requirements of this RFP, and subsequent amendments that are issued, may result in the Offeror’s proposal being excluded from further evaluation.
C. ADDENDA
Any Agency changes to the requirements will be made by written amendment to this RFP. Any written amendments issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Contract. The Agency will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions.
D. CLARIFICATIONS
1. Examination of Documents
Should an Offeror require clarifications of this RFP, the Offeror shall notify the Agency in writing in accordance with Section D.2. below. Should it be found that the point in question is not clearly and fully set forth the Agency will issue a written amendment clarifying the matter which will be sent to all persons who have requested the RFP.
2. Submitting Requests
a. All questions, including questions that could not be specifically answered at the pre-proposal conference must
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be put in writing and must be received by the Agency no later than 5:00 p.m. on Friday, April 7, 2017.
b. Requests for clarifications, questions and comments must be clearly labeled, "Written Questions". The Agency is not responsible for failure to respond to a request that has not been labeled as such.
c. Any of the following methods of delivering written questions are acceptable as long as the questions are received no later than the date and time specified above:
(1) U.S. Mail: Riverside Transit Agency, 1825 Third Street, P.O. Box 59968, Riverside, California 92517-1968; Attention: N. Zaragoza
(2) Personal Courier: Purchasing and Materials Management Department, 1825 Third Street, Riverside, California 92507.
(3) Facsimile: The fax number is (951) 565-5195.
(4) E-Mail: [email protected]
3. Agency Responses
Responses from the Agency will be communicated in writing to all recipients of this RFP, and will be sent via e-mail no later than Friday, April 14, 2017. Inquiries received after Friday, April 7, 2017, will not be accepted and will be returned to the sender without response.
E. SUBMISSION OF PROPOSALS
1. Date and Time
Proposals must be submitted at or before 2:00 p.m. on May 1, 2017.
Proposals received after the above-specified date and time will be returned to Offerors unopened.
2. Address
Proposals delivered in person or by a means other than the U.S. Postal Service shall be submitted to the following:
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Riverside Transit Agency Purchasing and Materials Management 1825 Third Street Riverside, California 92507 Attention: N. Zaragoza
Or proposals delivered using the U.S. Postal Services shall be addressed as follows:
Riverside Transit Agency Purchasing and Materials Management P.O. Box 59968 Riverside, California 92517-1968 Attention: N. Zaragoza
3. Identification/Submittal of Proposals
Proposals shall be submitted in two (2) separately sealed packages. Each package shall be marked as specified below:
Offeror(s) shall submit Package No. 1 (Technical Proposal) as an original and seven (7) copies of its proposal in a sealed package, addressed as shown above, bearing the Offeror’s name and address and clearly marked as follows:
"RFP 17-008: ADA/DIAL-A-RIDE TRANSPORTATION AND CALL CENTER SERVICES - TECHNICAL PROPOSAL”
Offeror(s) shall submit Package No. 2 (Price Proposal) as an original only in a sealed package addressed as shown above, bearing the Offeror’s name and address and clearly marked as follows:
"RFP 17-008: ADA/DIAL-A-RIDE TRANSPORTATION AND CALL CENTER SERVICES– PRICE PROPOSAL”
Exhibit B includes forms for pricing based on Estimated Annual Revenue Service Hours.
Please note that Offerors only need to submit two copies each of the required procedures and policies documentation as set forth in Section II of this RFP; they may be included with the original of Package No. 1 – Technical Proposal.
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4. Acceptance of Proposals
a. The Agency reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.
b. The Agency reserves the right to withdraw this RFP at any time without prior notice and the Agency makes no representations that any contract will be awarded to any Offeror(s) responding to this RFP.
c. The Agency reserves the right to postpone proposal openings for its own convenience.
d. The Agency reserves the right to award portions of the Scope of Work as it deems necessary.
F. PRE-CONTRACTUAL EXPENSES
Pre-contractual expenses are defined as expenses incurred by Offeror in:
(1) Preparing its proposal in response to this RFP; (2) Submitting that proposal to the Agency; (3) Negotiating with the Agency any matter related to this proposal; or (4) Any other expenses incurred by Offeror prior to date of award, if any.
The Agency shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror in the preparation of its proposal. Offeror shall not include any such expenses as part of its proposal.
G. JOINT OFFERS
Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. The Agency intends to contract with a single firm and not with multiple firms doing business as a joint venture.
H. TAXES
Offerors’ proposals are subject to State and Local sales taxes; however, the Agency is exempt from the payment of Federal Excise and Transportation Taxes.
I. PROTEST PROCEDURES
The Agency has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting the administrator
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responsible for this procurement. Any protests filed by an Offeror in connection with this RFP must be submitted in accordance with the Agency’s written procedures which include the appeals process to both Caltrans and the FTA.
J. PROPOSED AGREEMENT
The successful Offeror(s) will be subject to the provisions contained in the Proposed Agreement No. 17-008 included in this RFP, except that changes may be made to reflect the terms of the successful Offeror’s proposal. The final Agreement shall incorporate the “Scope of Work” (see Exhibit A to RFP), the successful Offeror’s proposal, and the successful Offeror’s “Cost and Price Forms” The Agency reserves the right to the final decision to award a contract based on either annual estimated number of trips or annual estimated number of revenue service hours. The final Agreement may also incorporate other pertinent terms and conditions set forth in this RFP.
The Offeror’s attention is directed particularly to Article 12 “Insurance”, which specifies the minimum insurance requirements that must be met by the successful Offeror(s).
Further, the Offeror’s attention is directed to Article 6 “Performance Bond” which specifies the bonding requirements that must be met by the successful Offeror.
Should the Offeror(s) be unable to provide evidence of insurance or the required bond(s) within fourteen days after notification of award by Agency, award may be made to the next qualified bidder.
Finally, Offeror’s attention is directed to Exhibit A (Scope of Work) to Agreement; Section VII – Transitioning Contracts. Contractors who agree to retain certain employees of the current service Contractor’s employees, will receive a ten percent (10%) bid preference in accordance with the provisions of California Labor Code, Chapter 4.6 ‘Public Transit Service Contracts’, Section 1070-1074.
The Offeror’s inability or unwillingness to meet any requirements set forth in Exhibit C, Proposed Agreement (including but not limited to Articles 26 and 42), as a condition of contract award, must be stated as an exception in the proposal.
K. CONTRACT TYPE
It is anticipated that the Agreement resulting from this solicitation, if awarded, will be a Firm Fixed Price contract based on a ‘Fixed Unit Rates’ for all services set forth in the Scope of Work included this RFP as Exhibit A; see Exhibit B for further details.
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SECTION II
PROPOSAL CONTENT
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SECTION II. PROPOSAL CONTENT
A. PROPOSAL FORMAT AND CONTENT
1. Presentation
Offers should be typed and not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged and presentations should be brief and concise; proposal submittals shall be organized as set forth below.
2. Letter of Transmittal
The Letter of Transmittal shall be included in the technical proposal submittal and addressed to N. Zaragoza, and must, at a minimum, contain the following:
a. Identification of Offeror, including name, address, email address, facsimile and telephone numbers.
b. Proposed working relationship between Offeror and subcontractors who supply or provide services that are 10% or greater of the total component costs. Provide subcontractors name, address and telephone numbers.
c. Acknowledgment of receipt of all RFP addenda, if any. Name, title, address, telephone number, and e-mail address of contact person during period of proposal evaluation.
d. A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal.
e. Name and signature of a person authorized to bind Offeror to the terms of the proposal and to negotiate contract price/terms on Offeror’s behalf.
3. Technical Proposal
a. Qualifications, Related Experience and References of Offeror
This section of the proposal should establish the ability of Offeror to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Particular attention should be 8
RFP 17-008 given to Exhibit A, Scope of Work, Section VII – Contractor Management and Operation, to ensure the Contractor’s ability to fulfill all requirements is demonstrated in its submittal. Offeror shall:
(1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees.
(2) Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger, potential labor disputes) that may impede Offeror’s ability to complete the project. Audited financial statements, a Dun & Bradstreet report or a one-page summary from a CPA shall be submitted. This statement should clearly identify the financial status and condition of the Offeror’s immediate business entity, as well as that of the overall Company structure, if applicable; the date of this statement should cover a period of at least one (1) year and should be dated no more than twelve (12) months prior to the date of the proposal submission.
(3) Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP. Include at a minimum, name of the contracting agency, type of service(s) provided, contract period, scheduling system, annual revenue miles or hours, quantity, size and fuel usage of vehicles used, and the name, address and telephone number of a contact person.
(4) Identify subcontractors and suppliers who provide supplies or services that are 10% or greater of the total services costs by company name, address, contact person, telephone number and project function. Describe Offeror’s experience working with each subcontractor or supplier and information specific to the subcontractor’s qualifications to perform the identified services. Section IV – DBE forms need to be completed and submitted.
(5) Provide as a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Offeror may 9
RFP 17-008
also supply references from other work not cited in this section as related experience. Offeror should ensure contact names/telephone numbers are accurate; inaccurate references may be a factor in the overall evaluation of the proposal. Each reference must specifically address start/end dates of the project and services provided which should correlate with the requirements of this RFP. b. Project Staffing and Project Organization
This section of the proposal should establish the method which will be used by the Offeror to manage the project and subcontractors as well as identify key personnel assigned. Offeror should identify staff positions that are anticipated to be hired from the current service Contractor. Offeror should ensure that staff assignments for one/both service area(s) is clearly delineated in accordance as specified in Exhibit A, Task 1 under Section VII. Offeror shall:
(1) Submit a project organization chart clearly indicating all communication/reporting relationships among the project staff, subcontractors, and suppliers and assigned work tasks.
(2) Provide name(s) and resumes of the proposed Project Manager and all key personnel that will be assigned to the Agency project including the Project Manager, Assistant Project Manager, Maintenance Manager/Supervisor(s), Call Center Manager, Safety/Training Manager, and Road Supervisors. The ability of the Project Manager, Assistant Project Manager(s), and Maintenance Manager/Supervisor(s) and other managers or supervisors to respond immediately to issues relating to the service herein is a requirement of this project. The Offeror should demonstrate how this will be ensured and should indicate the percent of time each individual is dedicated to this project, and other non-Agency projects, if applicable.
(3) Include the statement that key personnel will be available to the extent proposed for the duration of the project and acknowledge that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the Agency.
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(4) Indicate adequacy of labor resources utilizing a table projecting the labor-hour allocation to the project for each position category. Indicate the number of full-time and part-time employees for all operations (include number of hours for part-time employees). Wages and compensation details to be included for operators, dispatch and reservation personnel. c. Work Plan
Offeror shall provide a detailed narrative addressing the Exhibit A, Scope of Work requirements and demonstrating the Offeror’s understanding of Agency's needs and require- ments. Throughout the narrative, Offeror will include references for each section in the Scope of Work that refers to Agency’s requirements. This section should also address Offeror’s plan to fulfill its obligations under the provisions of California Labor Code Chapter 4.6, Section 1070 to 1074, ‘Public Transit Contracts’, if applicable. Offeror shall:
(1) Service Operations
Provide a comprehensive detailed service operations plan to include a discussion of the following: personnel recruitment processes and procedures (including criteria for utilizing existing service employees and new employee hiring and retention); facility considerations (selection, utilization, functionality); day-to-day operating approaches, consider- ations and key issues; procedures for handling emergencies and unforeseen situations relative to transit operations (e.g., traffic congestion, accidents).
Offerors should demonstrate their capability to complete service start-up activities in time to commence service operations on November 1, 2017 and should demonstrate their knowledge and experience with maintaining a smooth- running operation.
Offerors should provide a detailed implementation schedule that demonstrates how the start-up will be implemented either for one/both service areas. Offerors are encouraged to include suggested incentive programs to assist and/or supplement the Agency’s existing performance standards.
Offerors are also encouraged to include the use of subcontractors to supplement and enhance the day-to-day operating productivity through the use of brokering or other alternative transportation models. Offerors should include 11
RFP 17-008
detailed discussions on how these alternate services would be integrated into the current services specifically detailed in Exhibit A. Specifically, there must be narrative about the geographic area(s) to be served, vehicle and employment compliance with all federal and state regulations and a detailed narrative on the benefits of those alternate services including cost savings.
(2) Facilities and Equipment
In connection with the price proposal submittal where Offeror is providing a facility from which to base its operations, provide a complete description of operational facilities and equipment available and/or planned for use. This description should include the location(s) and configuration of facilities proposed and plans for space utilization in accordance with requirements outlined in the Scope of Work. Any available information, such as facility maps and/or blueprints, should be included as appendices to the proposal submittal.
Offeror to include a letter of intent/commitment from the landlord of the property with their proposal submittal.
(3) Personnel Training and Testing
Offerors shall provide copies of all training protocols and a schedule to the Agency demonstrating how personnel including drivers, call center personnel, mechanics and other support personnel, as applicable, will be trained and tested prior to the start-up of service operations.
(4) Maintenance Plan
Offerors shall develop a comprehensive vehicle and equipment maintenance plan that addresses the requirements outlined in the Scope of Work. The plan should include a discussion of the specific actions and work activities necessary to ensure that a high-level of vehicle maintenance is maintained throughout the duration of the Agreement as well as how these activities will be coordinated in one/both service areas.
(5) Written Policies and Procedures
Offerors must provide copies of all available written policies and procedures to be included as appendices to their Technical Proposal (two copies of each requested document 12
RFP 17-008 should be provided and included with the original of Package No. 1 – Technical Proposal). These policies should include, but not be limited to the following:
• Drug and Alcohol Policy • Injury and Illness Prevention Program • Personnel Practices and Policies • Vehicle Maintenance Procedures (include with Maintenance Plan) • Emergency Protocols/Business Resumption Plan
(6) Data Collection and Reporting
Offerors should discuss their process for collecting and reporting operational and maintenance data, and demonstrate their understanding of various daily data collection activities and reporting requirements.
Offeror may also propose procedural or technical enhancements/innovations to the Scope of Work, which do not materially deviate from the objectives or required content of the project.
d. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Each exception must reference the particular section in the Scope of Work or Agreement Article that refers to Agency’s requirements. If your firm has no clarification, exception or deviation, a statement to that effect shall be included in the proposal.
4. Cost and Price Proposal
The Offeror shall complete all "Cost and Price" forms included with this RFP (Exhibit B), and furnish any narrative required to explain the prices quoted in the schedules. These forms shall be provided for the prime Contractor and any Subcontractors; Supplement B forms shall be provided to show the operational cost details for the trip based pricing and for the revenue service hour based pricing. Supplement C forms indicating variable rates corresponding to the noted annual hour number variations are to be completed and submitted. All “Cost and Price” forms should be in Package No. 2 of your proposal, as outlined in Section I, Instructions to Offerors, paragraph E(3) of this RFP and should be in accordance with the instructions found in Exhibit A, Section IV ‘Levels of Service and Contract Terms’. 13
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5. Performance Bond
As partial security against the selected Offeror’s failure to satisfactorily fulfill all of its obligations under this Agreement, a performance bond will be required. As set forth in Exhibit C “Proposed Agreement”, Article 6 “Performance Bond”, the performance bond shall be in the amount of 10% of the average of the first three contract year amounts (option year bonds to be 10% of each option year), including adjustments for all subsequent amendments and shall be executed by a corporate surety authorized to conduct business as a security in the state of California.
6. Appendices
Information considered by Offeror to be pertinent to this project and but not specifically solicited in any of the aforementioned sections may be placed into a separate appendix section. However, Offerors are cautioned that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.
7. Party and Participant Disclosure Forms
In conformance with the statutory requirements of the State of California Government Code Section 84308, part of the Political Reform Act and Title 2, California Code of Regulations 18438 through 18438.8, regarding campaign contributions to members of appointed Boards of Directors, Offeror is required to complete the Party and Participant Disclosure Forms provided in Exhibit D of this RFP and submit as part of the proposal, if applicable. Offeror is required to submit only ONE copy of the completed form(s) as part of its proposal and it should be included only in the original proposal. Both Offeror and its subcontractors must complete the form entitled “Party Disclosure Form”. Lobbyists or agents representing the Offeror in this procurement must complete the form entitled “Participant Disclosure Form”.
8. Certification of Debarment
Unless otherwise permitted by law, any person or firm that is debarred, suspended, or voluntarily excluded, as defined in FTA Circular 2015.1, dated April 28, 1989, may not take part in any federally funded transaction, either as a participant or a principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the Agency may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons or firms during such period. 14
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A certification process has been established by 49 C.F.R. Part 29, as a means to ensure that debarred, suspended, or voluntarily excluded persons or firms do not participate in a federally assisted project (See Exhibit D for form). The inability to provide the required certification will not necessarily result in denial or participation in a covered transaction. A person or firm that is unable to provide a positive certification, as required by this solicitation, must submit a complete explanation attached to the certification. FTA will consider the certification and any accompanying explanation in determining whether or not to provide assistance for the project. Failure to furnish a certification or an explanation may disqualify that person or firm from participating in the project.
Each potential contractor for a major third party contract must provide to the Agency a certification for a primary participant. Each potential subcontractor must provide to the Agency a certification for a lower-tier participant. In general, subcontracts of less than $25,000 will not be covered by the certification procedures.
9. Restrictions on Lobbying
As a recipient of federal funds, the Agency is required to certify compliance with the influencing restrictions and efforts of Offeror to influence federal officials regarding specific procurements in excess of $100,000 that must be disclosed pursuant to section 1352, Title 31, U.S. Code.
Exhibit D to this solicitation contains the following: a certification form entitled "Certification of Restrictions on Lobbying," the Office of Management and Budget (OMB) Standard Form LLL entitled "Disclosure of Lobbying Activities," and a document entitled "Limitation on Payments to Influence Certain Federal Transactions."
The successful Offeror to this solicitation will be required to complete and submit to the Agency the certification form entitled "Certification of Restrictions on Lobbying" whether or not any lobbying efforts took place. If the successful Offeror did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to the Agency.
All forms must be completed and submitted with the Offer. Failure to complete this certification shall render an Offer nonresponsive to this solicitation and will result in the rejection of the Offer.
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10. Public Records Policy
Responses (proposals) to this Request for Proposal (RFP) and the documents constituting any Contract entered into thereafter become the exclusive property of Agency and shall be subject to the California Public Records Act (Government Code Section 6250 et seq.). Agency’s use and disclosure of its records are governed by this Act.
Those elements in each proposal which Offeror considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by Offeror. Agency will use its best efforts to inform Offeror of any request for disclosure of any such document. Agency, shall not in any way, be liable or responsible for the disclosure of any such records including, without limitation; those so marked if disclosure is deemed to be required by law or by an order of the Court.
In the event of litigation concerning disclosure of information the Offeror considers exempt from disclosure, Agency will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If Agency is required to defend an action arising out of a Public Records Act request for any of the contents of a Offeror’s proposal marked “Confidential”, “Proprietary”, or “Trade Secret”, Offeror shall defend and indemnify Agency from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act.
To insure confidentiality, Offerors are instructed to enclose all “Confidential,“ “Proprietary,” or “Trade Secret” data in separate sealed envelopes, which are then included with the proposal documents. Because the proposal documents are available for review by any person after award of a contract resulting from an RFP, Agency shall not in any way be held responsible for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are not contained in envelopes and prominently marked.
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SECTION III
EVALUATION AND AWARD
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SECTION III. EVALUATION AND AWARD
A. EVALUATION CRITERIA
The Agency will evaluate the offers received based on the following criteria:
1. Qualifications, Related Experience, and References (20%)
Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence; assessment by client references; references with demonstrated success in providing similar services.
2. Staffing and Project Organization (25%)
Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel’s level of involvement in performing related work cited in “Qualifications of the Firm” section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel.
4. Work Plan (30%)
Depth of Offeror's understanding of Agency's requirements as set forth in Exhibit A-Scope of Work and within this RFP, overall quality of work plan; logic, clarity and specificity of work plan; appropriateness of labor distribution among the activities; ability to meet all service start dates; reasonableness of service operations as proposed; utility of suggested technical or procedural innovations.
5. Cost and Price (20%)
Reasonableness of the total price and competitiveness of this amount with other offers received; adequacy of data in support of figures quoted; reasonableness of unit price and overall pricing by year and for entire Agreement.
6. Completeness of Response (5%)
Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements that the Agency cannot or will not accommodate; and any other relevant factors not considered elsewhere.
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Pursuant to California Labor Code, Chapter 4.6, Section 1072, a 10% bid preference will be incorporated into the overall evaluation of those Offerors’ certifying they agree to retain, for a period of 90 days, certain employees of the current service Contractor. (See Exhibit A – Scope of Work, Section V ‘Transitioning Contracts’ for specific details.)
B. EVALUATION PROCEDURE
An Evaluation Committee comprised of Agency staff, in accordance with the above criteria, will evaluate all proposals received as specified. The evaluators in applying the major criteria to the proposals may consider additional sub-criteria beyond those listed. Furthermore, as a result of RFP changes and/or necessary proposal clarifications, a Best and Final Offer Request may be issued after the proposals are submitted but before contract award. During the evaluation period, the Agency reserves the right to interview some or all the proposing firms and the right to conduct site inspections of some or all of the Offeror’s facilities.
C. AWARD
The Agency will evaluate the proposals received and will submit the proposal considered to be the most competitive to the Agency’s Board of Directors, for consideration and selection. The Agency may also negotiate contract terms with the selected Offeror prior to award, and expressly reserves the right to negotiate with several Offerors simultaneously and, thereafter, to award a contract to the Offeror offering the most favorable terms to the Agency.
The Agency reserves the right to award its total requirements to one Offeror or to apportion those requirements among several Offerors as the Agency may deem to be in its best interest. In addition, negotiations may or may not be conducted with Offerors; therefore, the proposal submitted should contain Offeror's most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror.
D. NOTIFICATION OF AWARD AND DEBRIEFING
Offerors who submit a proposal in response to this RFP shall be notified in writing regarding the firm who was awarded the contract. Such notification shall be made within three (3) days of the date the contract is awarded.
Offerors who were not awarded the contract may obtain a prompt explanation concerning the strengths and weaknesses of their proposal. Unsuccessful Offerors, who wish to be debriefed, must request the debriefing in writing and the Agency must receive it within three (3) days of notification of the contract award.
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SECTION IV
DISADVANTAGED BUSINESS ENTERPRISE
RFP 17-008
SECTION IV
DISADVANTAGED BUSINESS ENTERPRISE
Contractors are advised that, as required by federal law, the California Department of Transportation (Department) has established a statewide overall Disadvantaged Business Enterprise (DBE) Program goal. The Department is required to report to the Federal Transit Administration (FTA) on DBE participation for all FTA-assisted contracts each year so that attainment efforts may be evaluated. In order to ascertain whether the statewide overall DBE goal is being achieved, the Department is tracking DBE participation on all federally assisted contracts.
The services set forth in Exhibit A are subject to Title 49, Part 26 of the Code of Federal Regulations (49 CFR 26) entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. In order to ensure the Department achieves its federally mandated statewide overall DBE goal, the Department encourages the participation of DBEs, as defined in 49 CFR 26, in the performance of contracts financed in whole or in part with federal funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
The contractor shall carry out the applicable requirements of 49 CFR, Part 26 in the award and administration of U.S. Department of Transportation assisted contracts. Failure by the contractor to carry out these requirements is a material breach of the proposed Agreement in Exhibit C, which may result in the termination of this contract or such other remedy, as RTA deems appropriate.
Riverside Transit Agency Assurance. Riverside Transit Agency (“Agency”) shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) assisted contract, or in the administration of the requirements of 49 CFR part 26.
The Agency will take all necessary and reasonable steps under 49 CFR part 26 to ensure non discrimination in the award and administration of DOT-assisted contracts.
It is the policy of the Agency to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to the Agency’s construction, procurement and professional services activities.
Contractor Assurance. RTA has not established a Disadvantaged Business Enterprise (DBE) Availability Advisory Percentage for this Agreement. The proposed Agreement in Exhibit C is subject to Title 49, Part 26 of the Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Contractor shall assist the California Department of
21 RFP 17-008
Transportation through RTA in meeting its federally mandated statewide overall DBE goal.
Pursuant to 49 CFR part 26, the Contractor is required to make the following assurance in its agreement with the Agency and to include this assurance in any agreements it makes with subcontractors in the performance of this contract:
“The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure of the Contractor or Subcontractor to carry out these requirements is a material breach of contract, which may result in the termination of contract by the Agency, or any other such remedy the Agency may deem appropriate”.
Further details regarding Contractor’s obligations may be found in Exhibit C – Proposed Agreement, Articles 7, 25 and 26.
Implementation of the California Department of Transportation’s (Caltrans) DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this contract. Upon notification of failure to carry out the approved program, Caltrans, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq).
In accordance with the DOT-assisted 5311 funding program, the Agency is required to report to Caltrans on DBE participation for all contracted transportation services contracts each year.
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SUMMARY OF SUBCONTRACT AWARD AND MONTHLY PAYMENTS REPORT (Post-award form)
PROJECT NAME: ______CONTRACTOR NAME: ______
REPORTING PERIOD: From: ______To: ______
SUBCONTRACT DBE DOLLARS SUBCONTRACTOR $$ AMOUNT DBE? WORK ASSIGNMENT COMMITTED NAME/ADDRESS
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BIDDERS LIST OF PARTICIPATING FIRMS
PROJECT NAME: ______DATE: ______
PRIME CONTRACTOR DBE? FIRM AGE ANNUAL GROSS $$ REVENUE WORK TYPE * NAME/ADDRESS
SUBCONTRACTORS:
* P = PROFESSIONAL CONSULTING SERVICES, C = CONSTRUCTION, S = SUPPLIES, E = EQUIPMENT, O = OTHER (describe)
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DBE / NON-DBE PARTICIPATION
PROJECT NAME: ______DATE: ______
SUBCONTRACTOR WORK TO BE PERFORMED ESTIMATED $$ PARTICIPATION PERCENT OF TOTAL NAME/ADDRESS CONTRACT VALUE
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EXHIBIT A
SCOPE OF WORK Scope of Work
I. INTRODUCTION/OVERVIEW
The Agency is seeking proposals from qualified firms to manage and operate the demand-responsive services described in this RFP as a turnkey operation. A single contract will be awarded by the Agency for the management and operation of the services for an initial term of three years, with two (2) one-year options. ADA/Dial-A-Ride services and the call center services will commence on November 1, 2017.
To support the provision of these services, the Agency will provide 104 vehicles (including spares, current vehicle count as of January 1st, 2017), equipped with fare collection boxes, and Samsung Galaxy tablets. Agency staff will administer this contract, receive and generally provide oversight of customer complaints, prepare and produce any informational materials and provide service for the certification of applicants for ADA eligibility. Agency will also provide the paratransit scheduling servers and software.
The selected Contractor shall provide for all other requirements for the operation of ADA and Dial-A-Ride Services, including but not limited to: management, personnel, reservations and scheduling, dispatching, operations, facility, maintenance, fuel, insurance, record keeping and reporting, computer hardware and administrative software (including all software and hardware support), telecommunications equipment and system, and vehicles for driver relief and road supervision. Contractor shall be responsible for complete maintenance and upkeep of all revenue vehicles assigned to this contract, including all on-board peripheral equipment such as fareboxes, Samsung Galaxy tablets, two-way radios, etc.
It is the Agency’s intent to issue a Notice to Proceed allowing sufficient time for the Contractor to perform all front-end activities, including start-up, training, and mobilization prior to the commencement of the Services. The Contractor will operate the Services described below.
II. SERVICE DESCRIPTIONS
Existing ADA/Dial-A-Ride (DAR) Services
ADA/Dial-A-Ride (DAR) service is an origin-to-destination reservation based transportation service giving priority service to individuals who are certified under the Americans with Disabilities Act (ADA.) This service is currently operated from a contractor-leased facility located at 110 South G Street in Perris, CA.
Currently, the Agency has two DAR services: ADA Intercity and Senior/Disabled local service. The ADA Intercity service is strictly for persons certified under the ADA and allows for travel between all cities within the 2,500 square mile service area. The Senior or Disabled services are for seniors age 65 and above, and for anyone carrying an Agency-issued Disabled ID card. The Senior/Disabled Service operates local service A-2
only and is limited to travel within the city of origin of each trip. Communities served for all services are: Banning, Beaumont, Canyon Lake, Corona, Eastvale, Hemet, Homeland, Jurupa Valley, Lake Elsinore, Loma Linda, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, Romoland, San Jacinto, Sun City, Temecula, Wildomar, and the unincorporated areas of Western Riverside County.
In accordance with federal ADA regulations, the Agency has a policy of zero trip denial for any ADA eligible passenger request. For all DAR services, reservation priority is given to ADA certified passengers. Contractors will be required to have knowledge of and to comply with all federal ADA regulations. Please be advised that ADA/DAR service areas are subject to change in service area and criteria.
FY 2015 REV VEHICLE DEADHEAD REV VEHICLE DEADHEAD AREA TRIPS PASSENGERS HOURS HOURS MILES MILES BANNING 1183 1,280 599 137 12,717 1,917 CORONA 15130 16,367 7,660 2,044 142,381 38,496 HEMET 4736 5,123 2,719 522 52,552 9,598 HIGHGROVE 76666 82,934 28,681 7,700 459,220 131,324 JURUPA 15162 16,402 8,177 2,324 139,838 34,122 LAKE ELSINORE 77983 84,359 35,344 8,239 552,523 125,633 MORENO VALLEY 36200 39,160 20,110 4,564 339,359 87,022 MURRIETA 22499 24,338 9,150 2,060 151,523 37,640 PERRIS 35550 38,457 19,000 4,140 369,097 66,551 RIVERSIDE 72341 78,255 37,015 8,224 668,073 156,025 SUN CITY 17864 19,325 9,798 2,434 176,334 38,267 TAXI OVERFLOW 11242 11,963 7,894 - 200,792 - TOTAL 386,557 417,963 186,148 42,387 3,264,411 726,596
FY 2016 REV VEHICLE DEADHEAD REV VEHICLE DEADHEAD AREA TRIPS PASSENGERS HOURS HOURS MILES MILES BANNING 1246 1,344 821 149 17,104 3,598 CORONA 13565 14,630 7,470 1,910 138,619 41,963 HEMET 4243 4,576 2,793 495 54,473 10,654 HIGHGROVE 64029 69,056 26,916 6,565 419,359 120,968 JURUPA 18251 19,684 10,116 2,717 166,268 37,975 LAKE ELSINORE 77167 83,226 36,263 8,536 555,175 135,507 MORENO VALLEY 38266 41,271 21,498 4,776 348,622 97,906 MURRIETA 23607 25,460 10,119 2,129 163,529 35,793 PERRIS 55001 59,320 24,070 4,997 451,535 89,975 RIVERSIDE 71815 77,454 39,061 8,556 684,145 166,269 SUN CITY 16640 17,947 8,951 1,997 158,793 36,587 TAXI OVERFLOW 11506 12,152 6,991 - 201,276 - TOTAL 395,337 426,120 195,069 42,829 3,358,897 777,196 A-3
FY17 YTD Actuals through December 2016 (Six months of data) FY 2017 REV VEHICLE DEADHEAD REV VEHICLE DEADHEAD AREA TRIPS PASSENGERS HOURS HOURS MILES MILES BANNING 581 626 383 74 7,648 1,654 CORONA 7182 7,742 4,273 1,337 79,241 28,261 HEMET 1861 2,006 1,237 236 24,259 4,916 HIGHGROVE 31832 34,314 14,850 3,663 224,758 67,786 JURUPA 8095 8,726 5,149 1,325 79,054 18,430 LAKE ELSINORE 38113 41,084 19,328 4,766 293,648 86,837 MORENO VALLEY 18465 19,905 11,076 2,549 175,620 55,859 MURRIETA 12314 13,274 5,573 1,249 88,923 25,177 PERRIS 27496 29,640 13,101 2,863 238,895 47,069 RIVERSIDE 36022 38,830 21,480 5,172 366,341 100,762 SUN CITY 8331 8,980 4,629 1,209 79,283 23,461 TAXI OVERFLOW 4651 5,059 3,032 - 89,346 - TOTAL 194,942 210,186 104,110 24,442 1,747,016 460,212
The above service areas contain the following corresponding cities: Banning: Banning, Beaumont Corona: Corona, Eastvale, Norco Lake Elsinore: Canyon Lake, Lake Elsinore, Quail Valley, Wildomar Highgrove: Colton, Grand Terrace, Highgrove, Loma Linda Hemet: Hemet, Homeland, Romoland, San Jacinto, Valle Vista, Winchester Jurupa Valley: Fontana, Glen Avon, Jurupa, Mira Loma, Pedley, Rubidoux Menifee: Menifee, Sun City Moreno Valley: Moreno Valley, March Air Force Base Murrieta: Murrieta, Temecula Perris: Mead Valley, Perris Riverside: Arnold Heights, Canyon Crest, Orangecrest, Woodcrest, Riverside
Actual service levels may be adjusted either up or down by the Agency. Contractor should anticipate an approximate 5% per year increase for each year of the contract. The Agency makes no guarantees of service levels required under this contract; ADA Complementary services shall be provided in comparable levels based upon the Agency’s fixed route service levels which are adjusted three times per year.
The number of vehicles, including spares, that the Agency will provide is 104 (as of January 1st, 2017) and will include a mix of paratransit Type II vehicles, each with 12 seats and room for two and/or three wheelchairs in the rear and/or front of the vehicle. A comprehensive service area map encompassing the service described above can be found as Attachment 1 to this Exhibit; service parameters are set forth in Attachments 1 (RTA Ride Guide), and 2 (Paratransit Riders Guide) to this Exhibit, and a list of vehicle assignments in Attachment 3 to this Exhibit. A-4
Generally speaking, ADA/DAR services operate seven days a week. The service times are (approximately) Monday through Friday from at 4:00 a.m. to 11:49 p.m. On Saturdays, the service begins at 5:30 a.m. and continues until 11:00 p.m. and on Sunday, the service begins at 6:00 a.m. and continues until 10:00 p.m. Additional service policies relating to the provision of ADA/DAR services are included as Attachment 2 – Paratransit Riders Guide to this Exhibit A.
III. FARES
Agency will determine and set fares. The Contractor shall collect all correct fares from passengers and shall retain all cash revenue (to be deducted from Contractor’s monthly billings). Contractor shall make daily deposits of the cash fares and shall report all revenue to Agency (including pre-paid media). Contractor’s operators shall not make change and shall only accept the proper fare or tickets. Contractor shall implement a fare reconciliation system to ensure the integrity of its fare collection system. Retained fares shall remain in dual custody at all times by the Contractor. The Agency audits retained revenues by identifying projected revenues versus actual revenues collected. Any projected revenues unaccounted for by the Contractor are the responsibility of the contractor, and shall be deducted from the Contractor's payment. The Agency reserves the right to conduct an audit of Contractor’s fare control and reconciliation within the Contractor’s normal hours of operation.
In the event Contractor’s operator arrives outside the 30-minute window of a scheduled pick-up or negotiated No Later Than (NLT) arrival (see Task 5 – Performance Standards), the customer shall not be charged for this trip and the operator shall note this as a Courtesy Ride on his/her manifest for this trip. Contractor shall be required, as a part of its fare reconciliation process, to track and monitor these fare type/trips and shall be responsible for reimbursement to RTA for this fare in lieu of passenger payment.
Agency paratransit vehicles are equipped with fareboxes that contain vaults. Contractor shall ensure that all vaults are accounted for at all times by maintaining a vault log for each vehicle. Fare vaults shall be removed from the vehicles at the conclusion of each service day and shall be stored in a secured vault/safe. The Contractor is responsible for the fare vault contents and its security, and shall replace the contents and the vault (s) if damaged or lost. Fare collected shall be kept in dual custody from the time it is removed from the bus until it is picked up by the armored car. Keys to any vaults or cash boxes shall be kept in a secure safe that is only accessible by appropriate Contractor management personnel. Contractor personnel shall conduct an unscheduled audit and count of the vaults at least twice annually; said audit to be certified by Contractor’s project management and shall be submitted to the Agency within five business days after completion of the audit.
Contractor’s facility shall have a robust video surveillance system in place to ensure that all movement of fares/fareboxes is recorded. Surveillance system shall have sufficient coverage, ensuring that all paths of travel used to move monies are recorded, including A-5 the vaulting process, armored car pickup process, and coin room (where money is counted.) The coin-counting area shall have controlled access, including a sign in/out sheet for each time someone enters or exits the area, and will be segregated from all personnel not related to this task. Video shall be stored for a minimum of one week, and shall be made available to Agency personnel upon request during normal hours of operation.
Agency staff shall perform random and unannounced compliance reviews of the aforementioned processes related to fare security. See Attachment 6, Fare Reconciliation Form, for an example of the form that may be used by the Agency to review such processes.
IV. LEVELS OF SERVICE & CONTRACT TERMS
Term of the Contract
ADA/DAR and Call Center Services shall be initiated under this Agreement on November 1, 2017and shall run through June 30, 2020, unless otherwise terminated pursuant to terms of the Agreement between the Agency and the Contractor. Following the initial term’s expiration on June 30, 2020, the Agency shall have the option of exercising two one-year option years as follows:
Option 1: July 1, 2020 to June 30, 2021 Option 2: July 1, 2021 to June 30, 2022
These options are at the sole discretion of the Agency as unilateral options, and do not require contractor concurrence.
Call Center – Service Hours
Contractor shall have telephone lines (including TTY) staffed by qualified reservationists during the following days/times:
7:00 a.m. – 6:00 p.m. Monday – Friday 8:00 a.m. – 5:00 p.m. Saturday – Sunday
A before/after-hours line must be staffed from 5 a.m. to 7 a.m. and in the evenings through 10 p.m. for cancellations or inquiries about service for that day. This task is typically handled by the dispatch team.
Annual Service Levels
The following annual service levels are projected for ADA/DAR services during the term of this contract and are to be used by all proposers for purposes of pricing. The following A-6
estimated information represents the Agency’s best estimate at this time and do not constitute any guarantee of vehicle service hours. This information is based upon historical data from the Agency’s existing service and from forecast projections provided by an outside consulting firm. Vehicle Revenue Hours presumes PPH productivity of 2.20 passengers per hour; hours may vary depending on level of productivity contractor is able to achieve.
Revenue Vehicle Period Passengers Revenue Vehicle Hours * Miles FY18 311,322 141,510 2,320,738 FY19 490,332 222,878 3,655,162 FY20 514,849 234,022 3,837,920 FY21 540,591 245,723 4,029,816 FY22 567,621 258,010 4,231,307
* based on 2.20 PPH Productivity
Should the Agency increase/decrease the number of passengers served by more than 15% over the estimated passenger levels set forth in this Scope of Work, alternative pricing provided by contractor in their proposal may be triggered. Contract award amounts will be for a Firm Fixed Unit Price for a not-to-exceed total amount for the full 5-year period. Actual service levels may be adjusted either up or down by the Agency within this 15% threshold without modification of firm-fixed pricing.
The definition for Vehicle Revenue Hours is the number of hours estimated to provide service to the corresponding estimated number of passengers, excluding deadhead time to and from the yard and immediately before and after breaks in service such as lunch and/or non-revenue breaks in service; further details are in Exhibit B (Cost and Price Forms) to this Scope of Work and in Exhibit A, Attachment 5 – Glossary of Terms.
Invoicing/Payment
Pursuant to the terms of the Agreement between the Agency and the Contractor, on or before the third business day of each month the Contractor shall submit a monthly invoice to the Agency, itemizing the Contractor's full and complete costs for the preceding period and showing the retained fare revenue deducted from costs. This monthly invoice must be accompanied by the Monthly Operating Report as detailed in this Scope of Work as backup for the invoice (See Task 6, Data Collection/Reporting). Payment shall be Net 30, adjusting for work-week schedule. Should the 30th day fall on a weekend or holiday, payment shall be made on the next business day. Payment shall be made via wire transfer. A-7
Fuel Cost Adjustment
The Agency will analyze the average fuel cost at the end of each quarter and apply a price escalation/de-escalation cost adjustment in the event of change of at least ten percent (10%) over the baseline price of fuel established in the contract. The OPIS rack pricing (for Colton, CA) shall be the index used for this adjustment. Contractor shall provide the OPIS daily rack pricing (first column exclusive of taxes and fees) for Colton, CA at the end of each three-month period. The average daily OPIS rack price for the previous quarter will be the basis used for escalation/de-escalation calculations.
Proposers are advised to use their fully burdened cost for fuel, inclusive of all margins from OPIS, to retail, taxes and fees, when calculating the fuel cost for this proposal. The fuel escalator/de-escalator will be used solely to insulate against unforeseen increases or decreases in the price of fuel from the basis OPIS rack index for the duration of this contract. A separate line item is included on the supplemental pricing sheet to Form 60 that must include the margin between retail price and OPIS rack, including all taxes, surcharges, and fees, to ensure a comprehensive price of fuel is included in the proposal.
At the end of each quarter, the average daily OPIS rack fuel cost will be computed and compared to the established contract fuel rate. If the percentage increase or decrease is at least ten percent, the percentage difference will be multiplied by the segregated cost of fuel (contained within the total Contractor’s Variable Revenue Hour rate) as set forth in the Contractor’s Best and Final Offer. The product of that calculation will be used to increase/decrease the Variable Revenue Hour rate for the following three-month period. An example of the fuel escalator/de-escalator calculation is provided as Attachment 7 for further clarification.
Customer Relations
The Contractor shall participate in on-going customer relations efforts as coordinated by the Agency. The Contractor shall be required to attend regular ADA meetings and other meetings as requested by the Agency to address customers, advocacy groups and various representatives in forums where transportation issues are discussed.
V. TRANSITIONING CONTRACTS
Use of Existing Drivers and Staff
Currently the Agency’s ADA/DAR service is being provided by Transdev NA; the employees are represented by the United Transportation Union Division, Local #1700; for further information, please contact Bonnie Morr, Vice President/Director Bus Department SMART, United Transportation Union Division, 265 Waugh Avenue, Santa Cruz, CA 95065; phone 831-421-0832, cell 831-588-1875 or 831-421-0667 fax; e-mail address is [email protected] or [email protected].
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Pursuant to California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division 2, Agency must grant an incentive of a ten percent (10%) bidding preference to a Contractor who agrees to retain, for a period of at least ninety (90) days, certain employees.
Offerors shall declare, as part of their proposal submission for this service contract whether or not their firm will retain the employees of the prior Contractor for a period of at least ninety (90) days. These transitioned employees must be utilized in similar positions and perform essentially the same services as they did under the previous Contractor. “Employee” is defined as any person who works for a Contractor under this contract but does not include executive, administrative, or professional employees that are exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an employee as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3). At a minimum, the following obligations apply:
1. A successor Contractor or subcontractor who agrees to retain employees, pursuant to subdivision (c) 2 of Section 1072, Chapter 4.6 of California Labor Code, shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor.
2. If a successor Contractor determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. In determining those employees who are qualified, the successor Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor Contractor.
3. The existing service Contractor shall make available the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees to any entity that the Agency identifies as a bona fide Offeror. Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior Contractor.
4. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor Contractor in any superior court having jurisdiction over the successor Contractor. Upon finding a violation, the court shall order reinstatement to employment with successor Contractor and award back pay, including the value of benefits, for each day of violation.
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Transition to Subsequent Contractor
Incumbent Contractor must cooperatively participate in the transition of this service to a new Contractor if necessary. No less than sixty (60) days prior to a new Contractor starting, participation is necessary in:
1. Meetings
2. Transfer of records
3. Access to property
4. Access to vehicles
The above noted access shall be granted during normal hours of operation and with a reasonable amount of notice. A transition period is defined as the 30-60 day period of time prior to the contract expiration date. Incumbent Contractor shall participate in the smooth transition of service to a new provider in such a manner as to ensure the transition results in minimum service disruption to operations.
During the transition phase Agency staff will conduct several meetings with the Incumbent Contractor and new Contractor to discuss specific operations, records and vehicle transition events and the time frame in which they must occur. As requested by Agency, Incumbent Contractor must make pertinent records accessible to both Agency and new Contractor within three (3) days of Agency's request.
Agency-owned vehicles will be subject to a transition inspection and acceptance; any needed repairs (as determined by Agency’s Director of Maintenance) will be completed before transfer of the vehicles to the new Contractor. If repairs are not completed before the time of transfer, the cost of the repairs will be deducted from the Incumbent Contractor’s final invoice.
VI. AGENCY OVERSIGHT AND MANAGEMENT
Contractor performance pursuant to this procurement will be managed by the Agency’s Contracted Operations Department and other Agency personnel as necessary. Agency Maintenance personnel will, among other responsibilities, conduct unannounced audits of PMI performance, monitor the adequacy and conduct of repairs, approve major rebuilds, monitor warranty administration and repairs, conduct pull-out inspections at least once per month, and recommend performance incentives or penalties as appropriate. Other Agency departments including, but not limited to, Human Resources, Planning, Risk Management and Finance, will also conduct unannounced audits of Contractor’s compliance with the Agency’s requirements as a measure of the Contractor’s overall performance. VII. CONTRACTOR MANAGEMENT AND OPERATION
The following pages describe in detail the tasks required by this project. All proposals should include information as to the Contractor’s ability to fulfill the task requirements in A-10 these task areas:
Task 1 Staff Requirements and Policies Task 2 Training and Safety Programs Task 3 ADA/DAR Reservations, Scheduling, Dispatch, and Trip Edit Task 4 Vehicle Operations Task 5 Performance Standards Task 6 Data Collection/Reporting Task 7 Facilities and Vehicle Maintenance Services Task 8 Incentives/Penalties
Task 1: Staff Requirements and Policies
A. Staff Requirements
Contractor shall provide the necessary management and administrative personnel whose expertise will ensure efficient operation of ADA/DAR services. The Agency recognizes that a high quality operation begins with key personnel. Key personnel are defined as the Project Manager, the Assistant Project Manager, the Maintenance Manager/Supervisor, Call Center Supervisor and the Road Supervisor(s). These positions shall be 100% dedicated to the Agency’s project and the Agency reserves the right to approve all key personnel. The minimum level of required staffing level is described below.
1. Project Manager
The Project Manager, will be the person in charge of all management and day-to-day operations of the Contractor. The Project Manager must maintain consistent and sufficient contact and communications with the Agency through its designated project contact person.
The Project Manager must have a minimum of five years supervisory experience in public transportation operations or a related industry (at least two being in a paratransit environment.) The Project Manager must spend 100% of his/her time assigned to the Agency project. The Contractor shall not replace the Project Manager without the written consent of the Agency. Contractor shall submit a resume to the Agency for any proposed replacement candidate and an interview of the proposed replacement. Candidate may be required by the Agency. Replacement of Project Manager without prior approval from the Agency will result in a penalty of $25,000.
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The Project Manager will demonstrate, by decision and action, competency in all aspects of the Agency paratransit system. The Project Manager must be knowledgeable about ADA rules, regulations and compliance. The Project Manager will function as line supervisor of all project staff and manage the Agency accounts and operating records.
2. Assistant Project Manager
The Assistant Project Manager shall be assigned to general supervision, investigation and response to customer comments and complaints, as well as overall assistance to the Project Manager in maintaining the quality of the service. The Agency requires written responses to complaints within five business days of the date of the complaint. (See Task 5, Customer Service standard.) The Assistant Project Manager will act as back up for the project management functions and shall be 100% dedicated to the Agency’s project. The Assistant Project Manager also will maintain consistent and sufficient contact and communications with the Agency’s designated project contact person. The Assistant Project Manager shall have at least two years supervisory experience in providing transportation services. Contractor shall submit a resume to the Agency for any proposed replacement candidate and an interview of the proposed replacement candidate may be required by the Agency. The Contractor shall not replace the Assistant Project Manager without the written consent of the Agency. Replacement of Assistant Project Manager without prior approval from the Agency will result in a penalty of $25,000.
The phone numbers of the Project Manager and the Assistant Project Manager shall be made available to the Agency so that, in the event of an after-hours emergency, they can be contacted on a 24-hour basis. The Assistant Project Manager or Project Manager shall respond in person to any emergency or accident involving extensive property damage or injuries or as requested by the Agency during or after the operational hours of the system.
3. Maintenance Manager/Supervisor
The Contractor shall assign an on-site, full-time Maintenance Manager/Supervisor, 100% dedicated to the Agency’s paratransit vehicle maintenance activity, to ensure that the Agency's maintenance standards are met. The Maintenance Manager/Supervisor shall ensure that all Agency owned vehicles are in good working order, well maintained, clean, and professional looking every day. This position shall be separate from the Project Manager or Assistant Project Manager. Contractor shall submit a resume to the Agency for any proposed replacement candidate and an interview of the proposed replacement candidate may be required by the Agency.
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The Maintenance Manager/Supervisor must have a minimum of five years journey-level mechanic experience and a minimum of three years’ experience in maintenance supervision of ten or more mechanics. The Maintenance Manager/Supervisor must be legally licensed to operate a bus in the State of California with a valid Class B license with a Passenger [”P”] endorsement as well as maintain a valid medical certificate and any other licenses or certificates required by applicable federal, state, or local regulations. The Contractor shall not replace the Maintenance Manager/Supervisor without the written consent of the Agency; replacement without prior approval from the Agency will result in a penalty of $25,000.
4. Call Center Supervisor, Reservations, Scheduling and Dispatch Staff
Contractor shall provide the necessary staff to ensure efficient and timely administration of reservations, scheduling and dispatch of DAR trips in accordance with the service schedules and policies set forth by the Agency. All staff in these positions shall demonstrate proficiency with Trapeze software within ninety (90) days of assumption of Agreement. Agency will arrange the training which will be held at Contractor’s expense. At a minimum, these staff will have the following responsibilities: a) Call Center Supervisor
• Shall have a minimum of two years’ experience in oversight of a call center location, preferably in a paratransit environment; • Supervisor shall have primary responsibility for training of new reservations and dispatch staff, so this person must have a full working knowledge of Trapeze; • Supervisor shall have the ability to work directly with passengers on elevated complaints, ensuring the highest level of customer service is provided; • Supervisor shall monitor phone call volumes and hold times to ensure Agency procedures are being followed and to ensure that hold times do not exceed allowable standards. Supervisor shall ensure adequate staffing levels during all hours of operation (including nights, weekends, and holidays) are maintained; and • Call Center Supervisor shall be responsible for telephone reports required under this contract, ensuring Agency standards are being met. Supervisor shall also be responsible for monitoring day-to-day operations of call center staff, including monitoring of recorded conversations as quality control and to ensure training is sufficient to ensure the highest level of customer satisfaction is achieved. b) Reservations
• Handle telephone requests and inquiries so as to maximize customer
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service, giving timely, accurate and courteous service;
• Carry out trip reservation activities in a manner which will maximize ADA/DAR productivity; and
• Ensure that Agency policies and procedures are followed. c) Scheduling
• Manage ADA/DAR transportation services in accordance with Agency policies and procedures. Receive, approve and process requests for service. Adjust itineraries to comply with local and federal regulations;
• Review and refine daily trip itineraries. Using maps and software assess distances and routing to ensure use of efficient travel patterns. Initiate timely client call backs regarding discrepancies and/or schedule changes; and
• Define, monitor and analyze fleet performance and adjust resource allocations/service schedules to meet changing time and travel patterns. d) Dispatching
• Schedule and assign drivers and vehicles in accordance with the service hour schedules and scheduled trips for each day;
• Assist drivers while they are in service to carry out the assigned trips on- time, providing address assistance and telephoning passengers as needed for callouts;
• Monitor the performance of scheduled trips, reassigning trips and/or adjusting the number of vehicles in service as needed to ensure on-time performance in the most efficient manner;
• Handle unanticipated service demands, passenger and vehicle accidents and other events in accordance with Agency policies and procedures; and
• Update driver’s data in Trapeze at least once per hour to ensure ETA data is available and accurate.
5. Safety/Training Supervisor and Trainer(s)
As detailed within Task 2 Training and Safety Programs, Contractor shall provide a suitable Safety and Training Supervisor and Trainer(s) who are fully licensed and certified to conduct the classroom training of paratransit drivers. Supervisor shall have a minimum of one (1) year experience providing such training in similar paratransit systems. These positions shall also provide behind-the-wheel driver training, refresher training programs and other training as determined necessary by the Contractor or Agency.
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Supervisor and trainer(s) must satisfy the Driver requirements specified below, and must be 100% dedicated to the Agency’s project.
6. Road Supervisors
Contractor shall provide Road Supervisor staff in a sufficient number to ensure Road Supervision of the service area at all times when revenue vehicles are in passenger service. Road Supervisors must satisfy the Driver requirements specified below, must be 100% dedicated to the Agency’s project and must have a minimum of one (1) year experience as a driver in similar paratransit services.
Contractor is required to have at least one primary individual assigned to each of the Training and Road Supervisor functions, although additional staff may be cross-trained and mutually-supporting.
7. Drivers
Drivers must meet the following standards.
• Drivers must be legally licensed to operate a bus in the State of California with a valid Class B license with a [“P”] endorsement as well as maintain a valid medical certificate and any other licenses or certificates required by applicable federal, state, or local regulations;
• Drivers must be in good standing with the DMV with no suspensions in the previous sixty (60) months and having no more than three (3) moving violations or two-point violations within the thirty-six (36) month period preceding operation of the Agency service;
• Drivers must not have rail crossing convictions;
• Drivers must be able to speak, understand, write and read English with proficiency; and
• Drivers are required to treat all passengers with respect and courtesy.
8. Maintenance Personnel
Mechanics
The Contractor shall assign an adequate number of mechanics to work on the vehicles operated under this contract. The mechanics assigned to this contract must meet the requirements for vehicle maintenance as outlined below.
Knowledge of:
• Air conditioning, brakes, electrical, engines, steering, suspension, A-15
transmissions, and unleaded gasoline fuel systems.
Ability to:
• Perform complete, reliable, and safe inspections;
• Use automotive test equipment effectively;
• Obtain precision measurements as required;
• Diagnose and perform repairs on systems related to automotive, light- duty trucks, and paratransit vehicles;
• Diagnose, repair, and maintain vehicle power trains, including but not limited to engines, transmissions, drive shafts, differentials, and related sub-components;
• Diagnose, repair, and maintain vehicle brake, steering, and suspension systems;
• Diagnose, repair, and maintain electrical systems and components. Must be able to read and understand electrical schematics;
• Diagnose, repair, and maintain heating, ventilation, and air-conditioning systems;
• Adjust, repair, or replace damaged body parts and window glass;
• After on-the-job training, diagnose, repair, and maintain wheelchair lifts and unleaded gasoline-fueled engines;
• Read and understand parts and repair manuals;
• Read and understand repair instructions and manuals for unleaded gasoline engines and wheelchair lift assemblies; and
• Complete the necessary paperwork associated with the job. Special Qualifications: • Experience in California DMV smog certifications preferred, but not required;
• Must have a valid Class B, Commercial California Driver's License. It is the Contractor's responsibility to ensure that an adequate number of mechanics have licenses with a Passenger ["P"] endorsements for road calls;
• Current Medical Certificate; • All other DMV and CHP certification requirements;
• In good standing with DMV;
• Show evidence of passing state required brake training (all mechanics); and
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• Air conditioning certified (if Contractor will be performing A/C recovery work - if not, specify the certified subcontractor assigned to the project.)
B. Staffing Policies
1. Vacancy of Key Positions
If, during the course of normal employee turnover, any of the following key personnel positions remain open for a period in excess of 30 calendar days, the Agency may assess the penalties set forth in Task 8:
Project Manager Assistant Project Manager Maintenance Manager/Supervisor Call Center Supervisor Safety/Training Supervisor Road Supervisors
2. Driver Turnover
The Agency recognizes the expense and negative effect of driver turnover. Therefore, the Contractor must demonstrate they have an acceptable recruitment and hiring program which is intended to minimize driver turnover and retain a high quality driver work force. Contractor must offer a reasonable wage and compensation package, and an employee incentive program, coupled with a supportive work environment to ensure turnover is minimized. Should driver levels fall below those needed for operation (or levels proposed), contractor may be assessed penalties as described in Task 8.
3. Dress and Appearance Standard
Contractor shall provide an Agency approved uniform to be worn by all drivers when operating a vehicle in Agency service. Shirts and blouses shall have an “RTA” logo patch on the right shoulder. Jeans are not allowed. Contractor’s drivers will convey a professional image similar to that of the Agency’s drivers. It is the Contractor's responsibility to see that driver's uniforms remain in good repair, and do not appear old or worn out.
Drivers will be required to follow the grooming and appearance standards established by the Agency. Shirts will remain tucked inside pants at all times while in uniform. A-17
4. Driver Tools
The Contractor will provide all necessary operating equipment to the drivers and office personnel. Driver equipment will include, but not be limited to, a current Thomas Brothers Guide map book of the operating area, manifests (trip sheets), clipboards, pens and pencils. Drivers are also required to be equipped with an operable and accurate time piece at all times.
5. Personnel Policies
The Contractor shall have in effect personnel policies that conform to all state and federal laws including, but not limited to, all regulations concerning Equal Employment Opportunities, FTA Drug and Alcohol Regulations, Compensation, Worker's Compensation, and other regulations as appropriate.
The Contractor shall maintain at all times a current list of personnel assigned to the Agency's contract and provide the Agency’s designated project contact with an updated roster of all personnel, including drivers, each month. The updated roster will include total hours worked on the contract for the month.
The Contractor must have established standards for recruitment and hiring of drivers. Full background verification of employees (to include at a minimum, a criminal history using a local/national database, 10- year employment verifications, social security traces and if applicable a 2-year drug & alcohol testing history) shall be performed by the Contractor. Justification for any discrepancies between the background verifications and information provided during the hiring process must be thoroughly documented, as this is subject to audit at any time by the Agency.
Contractor shall obtain authorization from all employees driving in the performance of this contract for the acquisition of the driver’s motor vehicle records during the period of employment. Contractor shall advise Agency at the time of hire of any and all new hires, providing full name(s) and driver license numbers of such hires. Recruitment standards must be detailed and shall be approved by the Agency. Any driver having previous driving history with the RTA (either contract personnel or direct RTA employees) shall be screened by the Agency for eligibility prior to hire.
The Agency retains the right to review Contractor's personnel policies and the list of personnel assigned to the Agency's contract. Proposed changes in key personnel incumbents shall be subject to review and approval by Agency.
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6. Removal of Drivers
The Agency may require that any driver be removed from transporting Agency customers for unprofessional behavior, excessive complaints, rudeness, or other inappropriate behavior or appearance.
7. Driver Feedback
Since drivers are the first line out in the field, driver feedback about schedules, customer needs, vehicle maintenance and working conditions is imperative. The Contractor must have on-going mechanisms, including monthly driver meetings to capitalize on driver feedback. The Agency shall be allowed to participate in monthly driver meetings.
Task 2: Training and Safety Programs
A. Training Requirements
1. Vehicle Operator Training
The Contractor shall be responsible for all training of vehicle drivers including Agency’s service policies, passenger fares and overview of other Agency services.
Contractor shall be responsible for the provision of qualified training staff to conduct behind-the-wheel driver training and other training as determined by the Contractor.
2. Training Standards
Contractor will design, schedule and conduct ongoing training procedures which will train and prepare all drivers assigned to the Agency's contract in a manner that conforms to all state and local laws throughout the term of the contract and assures the following operational objectives are met.
• Provide paratransit service which is safe, reliable, and compliant;
• Provide paratransit service which will maximize customer service; and
• Provide paratransit service in a manner that will maximize productivity.
In support of the above objectives, Contractor shall provide all drivers with training satisfactory to Agency in defensive and safe driving, passenger courtesy, comfort, sensitivity training, special care, and precautions to assist elderly and disabled persons. This training must meet the requirements of
A-19 appropriate federal and state statutes, with each driver receiving a minimum of sixty hours of instruction.
An additional minimum of forty hours of classroom training (for an overall minimum 100 hours of training) shall be provided by the Contractor and shall cover applicable laws and regulations related to the provision of services under this Agreement. This additional training shall provide training of applicable laws for operating vehicles providing public transportation, street network of service area, passenger safety and comfort, and shall convey an understanding of the Americans with Disabilities Act (ADA) as it relates to transportation. The additional minimum forty hours of training shall include the following:
• a review of applicable laws and regulations;
• eight (8) hours of defensive and safe driving;
• 20 hours of behind-the-wheel training in all types of paratransit vehicles to be operated under this contract;
• safe vehicle operations;
• Agency's policies and procedures for paratransit operations and ADA service;
• empathy and sensitivity training - for the proper interaction and transport of paratransit passengers;
• procedures for the provision of origin-to-destination services, including training on passenger assistance;
• lift/wheelchair tie down techniques and specific Agency procedures for the transport of passengers with wheelchairs and other mobility devices;
• proper methods of interacting with service animals;
• operation of radio equipment in accordance with County and Federal regulations;
• hands-on training with the radio and mobile data terminals;
• a minimum of four hours of customer service training;
• fare collection and trip classification and counting;
• paperwork completion;
• sexual harassment prevention
• Thomas Brothers guide map reading;
• four hours of mandatory refresher training for drivers with repeated and accumulated minor infractions; and Agency required protocols for
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accident reporting.
The Contractor shall provide the following training and safety support at no extra cost to the Agency:
• A safe driving awards program;
• Monitoring and inspection of drivers’ Motor Vehicle Records at least every twelve (12) months through participation in the California Department of Motor Vehicles Pull Notice Program;
• Ensuring the availability and delivery of Agency vehicle(s) as required for training programs;
• Continued provision of annual “refresher” training including, but not limited to, ADA compliance; and
• Promotion and reinforcement of driving and safety principles by Contractor management and supervisory staffs, policies and programs. Contractor shall provide timely coaching of drivers for unsafe driving practices identified by the Agency-supplied SmartDrive camera system.
Drivers recruited with a valid Class B license with Passenger Endorsement will not need to meet the full requirement of 100 hours of training, but will be required to complete 15 hours of classroom training and 20 hours of behind the wheel training. Classroom training shall, at a minimum, ensure drivers are properly trained on requirements under the Americans with Disabilities Act requirements and Agency standards for safety.
In the event the Agency chooses to modify its training program, or federal, state, local laws change affecting driver certification or level of training required, Contractor shall be responsible for adopting any and all changes into its driver training program. Should Contractor’s training programs undergo changes, Contractor must send Agency copies of the new training programs prior to implementation for approval.
B. Incentive and Safety Programs
The Contractor must maintain an incentive and safety program to support the Agency’s goal of providing a high quality ADA/DAR service for customers. These programs must be detailed in writing and implemented routinely. Incentives should be awarded at regular driver/employee meetings to ensure a high visibility of outstanding performance among all employees.
C. State and Federal Regulations
1. Motor Vehicle Codes
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All Contractors are to comply fully with State and Federal Regulations, including but not limited to, air quality standards. Regulations pertaining to licensing and operations of vehicles are contained in the California Vehicle Code, California Administrative Code, Title 13 and The Federal Motor Carrier Safety Regulations.
The Agency will periodically audit for compliance with the Commercial Motor Vehicle Safety Program including: a) Ten Year Employment History, b) Pull Notice Program, c) Medical Certificate, d) Drug and Alcohol Testing Program and, e) Passenger endorsement ([“P”] endorsement).
Driver applicants must provide an original, current (within 30 days) Department of Motor Vehicle (DMV) H6 printout at time of application submission. Applicants with more than three (3) traffic conviction points or any two(2)-point traffic convictions within preceding 36 months or any drivers’ license suspensions within preceding 60 months shall be ineligible to work on the Agency’s project.
Driver applicants shall provide, at the time of application, previous employer information (Name and addresses of employer(s), dates employed and reason for leaving) for the ten (10) years preceding the date of employment application.
Upon employment, contractor employees and subcontractor employees who have accrued four (4) points in twelve (12) months; six (6) points in twenty- four (24) months; eight (8) points in thirty-six (36) months; any two point violations; suspensions or has outstanding failure to appear or failure to pay violation will not be eligible to work on the Agency’s project. Employee may be reconsidered to work on the Agency’s project if they have met the Driver Applicant requirements outlined above.
2. Drug and Alcohol Testing
The Contractor shall comply with the requirements of the Drug Free Workplace Act of 1988. Testing shall be conducted pursuant to the Federal Transit Administration (FTA) regulation, 49 CFR Part 655, that mandates, under certain circumstances, urine drug testing and breath alcohol testing and the U.S. Department of Transportation (DOT) standards for the collection and testing of urine and breath specimens, 49 CFR Part 40, as amended (Attachment 4 – RTA’s Drug and Alcohol Policy.)
The regulations include requirements for pre-employment, post-accident, reasonable suspicion, return-to-duty, and follow-up and for random testing of employees in safety sensitive positions. Additionally, subcontractors performing safety sensitive tasks are subject to the regulations and it shall be the responsibility of the Contractor to ensure this testing is conducted Agency requires that those safety sensitive employees employed by the A-22
Contractor for the performance of services under this Agreement (i.e., those employees employed by Contractor directly for Agency) be tested at the annual rate mandated by FTA (currently 25% drug and 10% alcohol.) Quarterly (see attachment 4) and annual reports (i.e. MIS) must be submitted electronically to the Agency’s Human Resources Department, Chief Administrative Services Officer within one month of the end of the year. The forms for this report are to be provided by the Agency’s Chief Administrative Services Officer. Final payment on this contract shall be withheld until the final annual drug and alcohol report is submitted and approved by Agency’s Human Resources Department. Contractor shall ensure that safety sensitive employees receive one (1) hour of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use.
Contractor shall ensure that supervisors responsible for making reasonable suspicion determinations are provided a minimum of two hours of reasonable suspicion training.
3. California OSHA
Contractor shall comply with all California OSHA requirements including the requirement of Labor Code Section 6401(a) (SB 198,1989) to develop and implement an employee Injury and Illness Prevention Program (IIPP).
4. California Sexual Harassment Training for Supervisors
Contractor shall comply with all California state requirements including the requirement of Government Code Section 12950.1 (AB1825, 2004) to provide supervisors with two hours of sexual harassment prevention training every two years.
5. Title VI of the Civil Rights Act of 1964
Contractor shall acknowledge compliance with the Agency’s Title VI program by signing the attached Contractor Title VI Acknowledgement Form (see attachment 4) and shall contact the Agency’s Title VI administrator if a complaint is filed from a member of the public.
6. Equal Employment Opportunity
Contractor shall comply with Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients Circular FTA C 4704.1A dated October 31, 2016 or as amended (see attachment 4).
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Task 3: ADA/DAR Reservations, Scheduling, Dispatch and Trip Edit
A. Reservations
Contractor shall provide qualified and trained personnel to answer and properly respond to all telephone, and TTY calls for trip reservations, cancellations, ride check status, and ADA/DAR service inquiries.
The number of ADA/DAR reservations calls currently handled on an average weekday is approximately 525 (excluding cancellation and status-type calls.) Another (approximately) 300 calls per day are processed through the dispatch queue seeking estimated time of arrival or for questions related to the current day’s service. Current peak hours are 3:00 to 5:00 p.m. on weekdays and 10:00 to 12:00 noon on weekends and holidays. These represent the standard volume of calls that the Contractor can expect to handle.
Reservations staff shall be on-duty as set forth in Section IV – Levels of Service and Contract Terms, with a qualified supervisor or lead employee available for customer service calls from thirty minutes prior to the earliest service and thirty minutes past the latest service under this Agreement. Staffing levels will be such that these service levels can be maintained.
The policies regarding reservations for ADA and Dial-A-Ride trips are set forth in Attachment 2 “Paratransit Rider’s Guide”.
B. Scheduling
Contractor shall provide qualified and trained personnel to review, refine and adjust all vehicle itineraries prior to the service day, initiate call-backs in a timely manner of ADA/DAR passengers as needed to renegotiate trip times and adjust scheduled services, monitor and adjust service resources to maximize system efficiency, productivity and performance, and analyze service parameters including system determined violations to ensure service provided is compliant with all Agency and ADA guidelines.
Scheduling staff shall be available as needed to perform during weekdays, weekends and holidays. Schedulers are responsible for the maintenance and coordination of an average of 1300 trips per weekday, and the scheduling of driver breaks/lunches to ensure adequate resources are available to deliver service per standards. On an average, Saturday and Sunday these figures are 200-450 trips.
C. Dispatching
Contractor shall provide qualified and trained personnel to: schedule and assign drivers and vehicles in accordance with the service hour schedules and scheduled trips for each day; assist drivers while they are in service to carry out the assigned trips on-time, providing address assistance and telephoning passengers as A-24 needed; monitor the performance of scheduled trips, reassigning trips and/or adjusting the number of vehicles in service as needed to ensure on-time performance in the most efficient manner; and ensure that unanticipated service demands, passenger and vehicle accidents, other events and general service delivery are handled and performed in accordance with Agency policies and procedures. Dispatch staff shall:
• Provide continuous monitoring of assigned radio frequencies during all hours that Contractor vehicles are out of the yard; • Answer and respond to telephone calls from drivers and the RTA dispatchers/call center; • Initiate emergency protocol as required; • Ensure that all voice radio communications pertaining to ADA/DAR services and FCC rules and regulations are enforced; • Staff the Window Dispatch function; and • Update Trapeze with current driver data at least once per hour for each route in service to ensure ETA information is available and accurate.
Contractor Dispatch personnel are to be available on a daily basis. The Contractor shall ensure that dispatch staff remains on-duty from 30 minutes prior to the time the first vehicle leaves the yard until the last vehicle returns to the yard.
D. Trip Edit
As noted in Paragraph C, Task 4, Contractor shall provide qualified and trained personnel to perform the trip edit review function of all service delivered. Drivers shall record odometer readings and arrival/departure times for each pickup and drop-off on their timesheets as well as being recorded electronically via the on- board tablet system. Contractor shall provide a trip-edit system for verification and correction of data stored in the Trapeze PASS system to ensure it reconciles to the tripsheet data. • Contractor shall remove slack time as identified in Attachment 5: Glossary of Terms (through the trip edit process) when an operator is not actively scheduled in revenue service. • The trip edit function is to be completed on a daily basis, and must be completed prior to weekly submission of data to Agency (by third business day of the following week.)
E. Telephone Systems
The management and operations of these ADA/DAR services will require voice, teletypewriter (TTY) for communication with passengers who are deaf, and computer data services described as follows. The contractor shall be responsible for providing a generator backup system that ensures an uninterrupted power source to the facility in case of emergency loss of power. This system shall be
A-25 sufficient to provide stable power to telephone and computer systems described. Contractor shall also be responsible for routing customer calls to alternate facility should primary facility voice lines become operational.
1. ADA/DAR Telephone Customer Services
Voice telephone services are provided by Contractor for trip requests, customer information and other service inquiries. The ADA/DAR service shall be accessed through the Agency’s DAR telephone number [1-800- 795-7887]. All telephone and telecommunication infrastructure will be provided by the Contractor; Contractor’s equipment shall accept calls from the Agency’s number either through an externally or internally provided “hunt group” and shall generate call performance reports listed in Task 6, item 4, Operations Reporting. The Agency provides bilingual recorded messaging and telephone recording software for all calls processed through this telephone number using OAISYS Tracer software. While RTA pays for the OAISYS Tracer support, the contractor will be responsible for integration with its phone system and contacting support in event of a problem. Contractor is responsible for ensuring that the OAISYS Tracer is operational at all times and remotely accessible to RTA staff; this may require a dedicated static IP address for the OAISYS Tracer server.
The contractor is responsible for providing the reporting tools necessary to meet the requirements called out in Task 6. Contractor shall be responsible for ongoing service and support of the OAISYS Tracer Software and telephone reporting system software, as well as all peripheral computer and power supply equipment required for its operation.
Contractor shall provide telephone headsets for all reservation staff to facilitate the efficient and comfortable accomplishment of their assigned duties. Such headsets shall be well maintained, and Contractor shall provide spare headsets so that equipment is available to reservations staff at all times.
Sufficient staffing, workstations, and telephone lines will be provided to support the Performance Standards set by the Agency for call reservationist telephone services in Task 5.
2. Contractor Administrative Telephones
Contractor is responsible for the installation and maintenance of sufficient telephone lines and equipment to support Contractor’s administrative requirements so that ADA/DAR telephone lines are not utilized for administrative purposes.
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3. Teletypewriter (TTY)
In addition to voice telephone services, the Contractor will be required to provide access to the hearing disabled, preferably using a TTY system. A separate dedicated telephone line will be provided for communications with ADA/DAR operators by individuals with hearing disabilities and will be installed in a location where calls will be answered during all dispatch business hours.
F. Computer System
1. Software
There is one software application that will be provided by the Agency and used by the Contractor to provide customer reservation and dispatching services; Trapeze PASS Software. This system provides for reservations, scheduling and dispatching using Microsoft SQL for the applications database. In addition, this database stores all information regarding the ADA certification process, MDT exchange, and AVL system data.
All licenses for the use of this software shall be secured and provided by the Agency. Contractor shall have no ownership of the software, nor records and data maintained and generated by this software. Contractor may be required to execute a Non-Disclosure Agreement prior to any training or use of the Agency’s software. The Agency shall also provide or make arrangements for training of Contractor personnel in the use of provided software; any associated costs will be the Contractor’s responsibility. Staff shall demonstrate proficiency in Trapeze software not more than ninety (90) days after start of service.
2. Hardware
The Contractor will provide all computer hardware (workstations) to support client side computing and timely local network services on Contractor site; Agency shall provide the servers associated with its Trapeze Pass Software. The Trapeze PASS servers are to be used solely to run the Trapeze PASS applications, they are not to be used by the Contractor as a file server or to host other applications. Contractor shall provide a Windows Active Directory Domain with at least one Domain Controller, which becomes the property of the Agency at termination of the contract.
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3. Installation and Maintenance
The Contractor shall be responsible for the installation, administration, service and maintenance of all computer equipment, computer networks (wired and wireless), computer software, MDT’s, operating systems, and peripherals at the Contractor's site.
The Agency will be responsible for maintaining manufacturer warranties on its server hardware and for distributing Trapeze software upgrades to Contractor for installation; Contractor is responsible for software installation and maintenance. Contractor is also responsible for maintaining all hardware installed at its facility, to include Agency provided hardware. Contractor is also responsible for installing and maintaining anti-virus/anti-malware software on all personal computers and servers, including Agency provided servers.
G. Computer Data
Agency shall provide a Vmware virtual server environment using a Dell VRTX modular infrastructure platform, and all Trapeze software licenses. Contractor is responsible for administering and maintaining all servers, including the VRTX platform (Agency provided servers are covered under a hardware support contract for parts only, Contractor provides labor for server maintenance). Contractor shall provide all network infrastructures (1000 Mpbs recommended to servers) and their domain controllers and file servers. A broadband Internet connection (minimum 25 mbps up/down) with dedicated static IP addresses to the Trapeze servers are also required for remote support from Trapeze and RTA using Windows Remote Desktop (the appropriate ports must be opened on the contractor firewall.) The Contractor will be responsible for providing a backup environment capable of supporting full business resumption should the Perris facility and/or its servers become unavailable. Of utmost importance is maintaining the integrity and availability of the Trapeze environment and data; Agency must be provided access to backup files of the Trapeze databases. Contractor is responsible for all maintenance of the Trapeze servers, applications, and operating system; Contractor IT personnel must be proficient with Microsoft Windows (server and workstations), Microsoft Active Directory, Microsoft SQL Server, Trapeze (PASS, CERT, MON/MDC), and TCP/IP networks. Contractor is responsible for providing adequate backup power from uninterruptible power supplies (UPS) for all servers and network equipment. Agency is responsible for ensuring server hardware is under warranty with hardware vendor. The contractor shall be responsible for providing a generator backup system that ensures an available power source to the facility in case of emergency loss of power. This system shall be sufficient to provide stable power to all computer
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systems required during hours of operation to ensure services are not interrupted.
All data collected by the Contractor shall be available upon request for audit and inspection by Agency. Failure to provide data and information upon request may result in penalties as described in Task 8.
H. Radio Communications
Voice radio communications equipment or other two-way communication system, services and maintenance shall be provided by the Contractor to be available in all vehicles used under this Agreement (revenue and non-revenue), to provide for dispatching of personnel and Road Supervisors. Contractor may select the type of communication system to be used, but it shall provide, at a minimum, the same level of coverage afforded by the use of a two-way radio communication system. The Agency strongly encourages the use of two-way radios in lieu of push-to-talk phones, to provide enhanced collaboration between drivers in the field.
Task 4: Vehicle Operations
A. Service Schedules
Within the vehicle service hours authorized by this Contract, the Agency shall specify a schedule of service parameters (see Attachment 1) to be used by Contractor as the basis for trip reservations, scheduling and the development of driver shifts. Agency may revise and refine the service parameters based on actual service demand to maximize service efficiencies within the parameters specified by the ADA and Agency policies.
In the event of major changes, increases or decreases of its service parameters, the Agency will use its best efforts to give the Contractor at least two (2) weeks to plan for those changes which could require more drivers or major adjustments to work shifts.
The Contractor shall not supply vehicle service hours when they are not approved by the Agency’s designated project contact; such hours will not be paid for by the Agency. Material changes will be given in writing as an amendment to the Agreement. If the scheduled hours are not filled, the Agency may choose to procure drivers from another source and charge back the costs incurred to the Contractor. Reliefs are the responsibility of the Contractor and shall not disrupt the continuity of service. Agency reserves the right to add, delete or change vehicle revenue miles, vehicle revenue hours, timetables and service as may be necessary. All changes to Vehicle Revenue Hours must be approved and confirmed in writing by Agency prior to implementation.
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B. Accident/Incident Protocol
Contractor shall notify Agency immediately of any accident or incident related to the services provided under this Agreement. The Contract Operations Manager can be reached during normal business hours at (951) 565-5078, alternate numbers will be provided for accidents/incidents that occur after normal business hours. Contractor shall respond in person to any emergency or accident involving extensive property damage, passenger injuries or as requested by Agency during or after the operational hours of the system. Emergencies or incidents involving injuries, major damage, or media coverage must be reported to Agency immediately upon occurrence. A reporting protocol list will be provided to the Contractor. All drivers and operating personnel must be trained in proper procedures for notifying Contractor or Agency in the event of an emergency. Agency Dispatch staff are not responsible for emergency response requests by Contractor’s operators. If Agency personnel is utilized for emergency response requests due to Contractor’s failure to respond to emergency request in a timely fashion as deemed appropriate by Agency, Contractor will be charged the actual cost of Agency personnel at a professional rate of two and one-half times actual labor rate plus overhead. See Task 5 for further performance standard specifics. refer to Task 6 for additional accident procedures relating to reporting. A weekly report summarizing the occurrence of accidents/incidents shall be submitted; if there are no incidents, the report will so indicate.
C. Driver Trip Sheets and Mileage
Mileage readings on the Driver's Trip Sheet will indicate both the Total Vehicle Miles and Vehicle Revenue Miles. Starting odometer readings shall be recorded in the appropriate places when the vehicle leaves the yard and at the first scheduled pickup.
The ending odometer readings will be recorded at the time of the last drop off and upon returning to the yard. Any mileage incurred during a lunch break, breakdown or other out of service time is to be deducted from the Vehicle Revenue Miles. Drivers shall record odometer readings and arrival/departure times for each pickup and drop-off on their timesheets. This information shall also be recorded electronically via the on-board tablet system. Contractor shall provide a system for verification and correction of data stored in the Trapeze PASS system to ensure it reconciles to the tripsheet data.
Contractor warrants the accuracy of this information; any discrepancies shall be at the Contractor’s expense. All data collected by the Contractor shall be available upon request for audit and inspection by Agency. Failure to provide data and information upon request may result in penalties as described in Task 8.
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D. Vehicles
The Agency reserves the right to assign a sufficient number of paratransit vehicles to Contractor to provide the services set forth herein. Currently, there are 104 vehicles assigned (as of January 1, 2017) including spares (see Attachment 3 – Assigned Vehicles).
Contractor shall provide sufficient support vehicles for Road Supervision and on- street driver relief. Agency vehicles shall not be used for on-street relief or exchange of drivers except where an Agency vehicle must be exchanged for refueling, maintenance purposes, or in the event of a breakdown.
E. Fare Collection Procedures
The paratransit vehicles provided by the Agency for operation of these services are equipped with non-recording Diamond fareboxes (two vaults per vehicle; the second to be used as a spare.)
Fare receipts shall be removed from the vehicles daily, counted and reconciled by Contractor and certified by the Project Manager or Assistant Project Manager (deposit slips shall contain the signed initials of all individuals counting the fare as well as the approval initials of their supervisor.) Fare receipts shall be transported to Contractor’s bank by a properly insured armored car service. All fares shall be accounted for under dual custody at all times, including during the vaulting process, while being counted, and during transfer to the armored car service. Fare receipts will be reported to the Agency, retained by the Contractor, and deducted from Contractor’s monthly invoice. For additional management details on associated procedures, see Section III, Fares.
F. Driver Pre-Operational Inspections
Each driver shall do a daily pre-operational inspection that shall comply with all state and federal requirements before taking the vehicle out of the yard and into service. Part of this inspection will be to cycle the wheelchair lift or ramp. If there are any defects to Agency vehicles, the driver must report the defects on a contractor provided reporting document entitled “Daily Vehicle Inspection (DVI) report”. Even if there are no defects, each driver must sign and date the DVI at the end of the shift. DVI reports will be removed from the bus and replaced on a daily basis by maintenance personnel.
G. Driver Daily Operational Policies and Procedures
Contractor shall ensure that drivers perform their duties in compliance with policies and procedures established by Agency. Such policies and procedures may be modified from time to time through bulletins, special notices and verbal directives from Agency personnel. Contractor should ensure that Contractor's policies and procedures do not conflict with instructions provided to drivers during the A-31
paratransit driver training.
H. Accident Repairs
Damaged vehicles due to accidents shall be promptly repaired by the Contractor. A daily vehicle repair log must be kept by Contractor. All body and glass damages are the sole responsibility of the Contractor and shall be repaired within thirty (30) days from the date of the accident or the date when the damage was first identified. If an extension of time is necessary, requests must be submitted in writing to the designated Agency Maintenance contact that will make the determination. Consistent with the Agency's standards, vehicles with body damage other than minor scratches shall not be released for operation until repairs have been completed.
I. Taxi Overflow Services
Trips unable to be performed in an efficient manner by Contractor may be considered overflow, and as such, shall be handled by a third party service provider under contract with the Agency. Contractor personnel shall be responsible for coordinating with the third party provider and Contractor shall provide scheduling and coordination with Agency clients for these trips. The number of trips that can be handled by the Agency’s third party provider is currently subject to a monthly mileage cap of 15,000 miles.
Task 5: Performance Standards
Contractor shall strive at all times to provide service in a manner which will maximize productivity and ensure the highest levels of customer service is provided.
Annual Review of Standards
Prior to the start of each contract period the Agency will review the standards established for the ADA/DAR services to ensure that those standards remain appropriate. In consultation and by mutual agreement with Contractor, Agency may, at its discretion, adjust standards, incentives and penalties to ensure and encourage increased efficiency and improved performance of services.
Performance Standards
The Agency desires to provide its customers with a high quality of service. To that end, it has established performance incentives and disincentives to encourage the high-quality provision of services. For the initial ninety (90) days of operations under this contract, Agency and Contractor will monitor performance of Contractor against the following performance measures to ensure that standards have been established that are appropriate and fair. During this period no incentives or penalties will be assessed.
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At the end of the probation period, Contractor acknowledges the following performance standards and that the incentives/penalties as stated in Task 8 are reasonable for accomplishing the Agency’s objectives.
1. Operational Standards
a. Passenger Pick-up/Drop-Off. The standard shall be the operator picking up all qualified riders for trips within the on-time window (+/-15), and dropping all passengers with a “No Later Than” time within 30 minutes of the required drop time (30 before/0 after.) However, the Contractor shall not be held responsible for failure to provide on-time service due to forces beyond its immediate control. These are instances that would be considered “force majeure” situations. In the event of such an occurrence, sufficient documentation of the circumstances shall be provided to the Agency.
All late trips shall be provided at no-charge to the customer; operators shall record such trips on the manifest as Courtesy Ride and they shall be accounted for in the Contractor’s fare reconciliation process. Contractor will be responsible for fare in lieu of passenger.
Monitoring: Agency staff will verify on a weekly and monthly basis through its data reconciliation process.
b. Provision of Dial-A-Ride Service. The standard shall be to provide the required or scheduled services within a thirty minute window (+/- 15 minutes for pick-up, -30/+0 for No-Later-Than drop offs.)
Monitoring: Agency staff will verify on a weekly and monthly basis through its data reconciliation process.
c. Key Personnel. The standard shall be 100% compliance in continuous project staffing of designated key personnel positions listed in Task 1, Staff Requirements and Policies.
Monitoring: Agency staff will verify through monthly reporting.
d. Staffing. The standard shall be to maintain staffing levels as set forth in the Contractor’s proposal at all times.
Monitoring: Agency staff will verify through monthly reporting.
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e. Driver Appearance. The standard shall be ensuring all operators are in the required uniform and are well groomed while in service.
Monitoring: Agency spot checks and customer complaints
f. Customer Service. The standard shall be to maintain less than three preventable customer complaints (as determined by Agency) per month with 100% Contractor compliance for written responses within five business days.
Monitoring: Agency monitors complaints on a daily basis.
g. Call Center Reservationists. The standard shall be for the Contractor’s call center reservationists to maximize the professional, courteous and helpful treatment of callers, to minimize customer complaints, and to provide 100% compliance with the performance standards set forth as follows:
Performance Standard Not to Exceed Max - Average wait time during peak periods = 2 to 3 minutes - Average wait time during off-peak periods = 1 to 2 minutes - Average daily call abandon [hang-up] rate = 6%
Monitoring: Agency staff to verify weekly and monthly statistics from Contractor’s reports and data reconciliation process; customer satisfaction will be measured through customer complaints.
2. Maintenance Standards
a. Maintenance/Cleanliness of Vehicles.
• The performance standard shall be the miles between mechanical road calls shall not fall below 17,500 average fleet miles. A “mechanical road-call” is defined as any occasion when a mechanical failure (including a malfunctioning wheelchair lift or securement device) on a vehicle requires technical or supervisory assistance and delays or terminates a trip.
Monitoring: monthly maintenance reports submitted to Agency
• 100% of vehicles at pull-out shall have operable wheelchair lifts. Wheelchair lifts shall be maintained and verified daily to be in an operable condition.
In the event of an in-service wheelchair lift failure, the Contractor shall
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ensure the wheelchair passenger will be transported to their destination in the most expeditious manner available. Vehicles with inoperable lifts will be removed from service as expeditiously as possible, preferably within 30 minutes. In no instance shall a vehicle with a non-functioning lift be in service for more than the day of the lift failure without Agency permission.
Monitoring: monthly reports, driver manifests and/or maintenance record evaluations by Agency. Monthly management report shall list all in- service wheelchair lift failures. Report is to include date, time, route and location.
• Vehicles are to be properly maintained, fully operable, body damage- free, road-worthy, and clean while in service. The camera systems shall be fully operable prior to vehicle being released into service each day.
Monitoring: At a minimum, monthly Agency spot checks of Contractor’s maintenance facilities and road spot checks.
• All preventive maintenance schedules as required by RTA shall be met within 300 miles of scheduled mileage. This standard will be measured quarterly; vehicles are to be inspected at 5,000 mile intervals, or the manufacturer’s suggested mileage, whichever is less. Red-tagged vehicles shall not be used in revenue service. Contractor shall perform oil sampling at the 5,000 mile interval and supply copies of report analysis to Agency (electronic reporting preferred.)
Monitoring: PMI records of all vehicles will be reviewed by Contractor and Agency staff on an ongoing basis.
• Vehicles shall be maintained so that air conditioning is operational on all vehicles used in pull-out.
Monitoring: Agency spot checks; customer complaints.
• Contractor shall maintain vehicles in such a manner to ensure a satisfactory rating in all categories of the annual California Highway Patrol terminal inspection, safety compliance report, air quality report or spot checks by Agency.
Monitoring: Compliance reports provided by California Highway Patrol, “notices” sent to Agency, and Agency documented spot checks.
3. Other Standards:
a. Administration. The standard shall be submitting all required paperwork on time and accurately A-35
as set forth under Task 6 as well as all other Tasks.
Monitoring: Agency staff will verify statistics weekly and monthly through its data reconciliation process.
b. Use of Agency Vehicle/Equipment. The standard shall be that all Agency vehicles/equipment are to be used exclusively for the provision of services under this Agreement; including, but not limited to, compliance with driver reliefs as set forth in Task 4, Section A, Paragraph 3.
Monitoring: Agency spot checks
c. Emergency Response. The standard shall be to provide immediate personnel response to all emergencies as set forth in Task 4, paragraph B.
Monitoring: Agency’s observations of Contractor compliance with Task 4, paragraph B Accident/Incident Protocol. d. Preventable Accidents. The total fleet vehicle miles between preventable accidents shall be greater than 100,000 fleet miles; this standard shall be measured monthly.
Monitoring: Agency staff to monitor monthly maintenance and specific accident reports.
Task 6: Data Collection/Reporting
1. Dispatch Log
Contractor dispatch staff will create and maintain a Dispatch Log for each day that ADA/DAR services are operated which records the basic services provided (including any interruptions in service) on that day and any and all accidents, incidents, road calls and other unforeseen events which occur and the response taken. This Dispatch Log shall be a computer record and shall be a single record for that Contractor’s operations that includes all records kept by individual dispatchers.
On a weekly basis, Contractor shall provide Agency’s designated project contact with an electronic copy of all Dispatch Logs in a format which is compatible with Agency software (preferably Microsoft Excel.) The original Dispatch Logs or a diskette copy of the month’s Logs will be filed and maintained as specified in the Agreement for these services.
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2. Accident Reporting and Follow Up
In addition to the Accident/Incident Protocol procedures described under Task 4, Contractor shall notify the Agency in writing and within 24 hours of any of the following accident/incidents and shall complete the appropriate form(s) as provided by the Agency’s Risk Manager:
• Collisions between a vehicle and another vehicle, person or object.
• Passenger accidents, including falls to passengers who are entering, occupying or exiting the vehicle.
• Disturbances, altercations, ejection, fainting, sickness, deaths or assaults.
• Accidents the driver witnesses.
• Vandalism to the vehicle while in service.
• Passenger complaints of injury or property or other circumstances likely to result in the filing of claims against the Contractor or Agency.
• Any passenger, driver and service complaint that arises from an accident.
As stated previously, Agency’s Dispatch staff is not responsible for emergency response requests by Contractor’s drivers. The Contractor should ensure proper follow up on any accidents or incidents, where appropriate, to ensure that any unresolved safety hazards or liability issues are addressed. Copies of reports prepared for any of the above must go to the Agency’s Contracted Operations Manager and Risk Manager. The originals shall be maintained as specified in the Agreement for these services.
Contractor shall also provide a weekly submittal of a summary of incidents/ accidents (see Task 4, paragraph B).
3. Supervision - Customer Comments
All customer complaints or comments related to any part of the ADA/DAR services performed under this Agreement that are received in Contractor’s office shall be fully documented and forwarded to Agency’s contact on an immediate basis. Contractor shall complete an Agency customer complaint form detailing the incident, investigation and resolution of the complaint. All complaints forwarded by Agency to Contractor shall be investigated and responded to within five working days. The final decision regarding the validity of the complaint rests with Agency. Agency reserves the right to have the Contractor re-investigate and resolve complaints, and to conduct its own investigation if necessary. Agency may also request expedited response within 24 hours for complaints that are of a more A-37
serious nature or that may involve safety-related issues.
4. Operations Reporting
Information from vehicle operations shall be recorded by the drivers on manifests (trip sheets). The information recorded on this form shall be reviewed by Contractor staff for errors and completeness. Upon verification, the information shall be entered daily into Trapeze and forwarded to the Agency on the third business day following each week. The verified trip data shall be available to the Agency in electronic format and provided weekly or upon request. The complete month’s data (comprised of the weekly submittals for that month) shall be submitted with the Monthly Operating Report by 2 p.m. on the third business day of the following month. Original manifests must be delivered to Agency on a weekly basis, by 2 p.m. on the third business day, with the weekly reports. Use of “white- out” correction fluids or tapes is not allowed. Agency expects all such reported information to be complete and accurate. Any changes that are determined to be needed after submission to Agency cannot be made without prior Agency authorization and the reasons for the change(s) must be fully documented. Failure to provide reports in compliance with these standards may result in assessment of penalties as described in Task 8. On a monthly basis, and using the above weekly operating data, Contractor shall prepare a Monthly Operating Report which shall be submitted to the Agency with the monthly invoice on or before 2 p.m. of the third business day of the following month. The Monthly Operating Report shall include the monthly operating data indicated above and, at a minimum, the following additional reports:
Operating Data:
Vehicle Revenue Hours (VRH) by City Vehicle Revenue Miles (VRM) by City Vehicle Productivity (Passengers per revenue hour) Total Vehicle Hours by City Total Vehicle Miles by City Deadhead Hours by City Deadhead Miles by City Scheduled Trips (To include late cancels/customer no-shows) Total Trips by City Total Passengers by City, by Fare Type No- Shows by City Missed Trips Average Ride Time On Time Performance by City A-38
All Trip Denials Cash Fare Receipts by Day by City (projected and actuals) Wheelchair/ADA passengers by City Dwell Time Odometer by Vehicle Peak Vehicle Activity Vehicle Failures by City (road calls while in revenue service) No Later Than Report Camera Maintenance Report Medi-Cal Report NTP Reporting of Expenses Tire Tread Inspection Report Slack Time logs
Telecommunications:
Calls received
Calls answered (Number and % of total received) Calls abandoned (Number and % of total received) Average wait time for answered calls (Total, peak/off peak) Average wait time for abandoned calls (Total, peak/off-peak) Maximum wait time for answered calls Maximum wait time for abandoned calls Average call time (duration) Average number of agents on duty (Total, peak/off peak)
Other operations data:
• Monthly roster of all personnel (including drivers’ seniority), and a reconciliation of earnings by employee including all non-work hours (vacation, sick, etc.) for the month. • Annual reports of Drug and Alcohol Testing
• Contractor to perform NTD Surveys every three years of sample trips as directed by Agency.
The Monthly Operating Report will be accompanied by the Dispatch Logs for the A-39
month just completed.
All data collected by the Contractor shall be available upon request for audit and inspection by Agency. Failure to provide data and information upon request may result in penalties as described in Task 8.
5. ADA Reporting
Contractor shall submit a monthly report, using Agency’s format, summarizing ADA ridership, no shows, and cancellations. Customer problems as reported to Contractor, shall be highlighted along with Contractor’s suggested solutions.
6. Maintenance Reporting
Maintenance Data Collection and Reporting Requirements
The Contractor shall utilize a Shop Work Order form to record the labor, parts and materials required each time preventive maintenance and repairs are performed on an Agency vehicle. Contractor’s Shop Work Order form shall be approved by Agency. This information will be used by the Contractor to maintain and prepare required maintenance reports for submission to the Agency and shall be retained in the permanent vehicle file for each assigned vehicle. Permanent vehicle files are the property of the Agency and shall be returned when the vehicle is returned to the Agency.
The Contractor shall complete and keep records (for the duration of this agreement) of the following reports:
a. Daily Vehicle Inspection (DVI) Report (including wheelchair lift failures)
b. Preventive Maintenance Inspection (PMI) Reports
c. Shop Work Order
d. Road Call Report Card (while in Revenue Service; to include miles between mechanical road calls by category per NTD requirements.)
e. Tire Service Report
f. Vehicle Tire Inventory
g. Period Summary
h. Parts Invoice
i. Fuel usage per month per vehicle
j. Miles traveled per vehicle, per month
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Daily Vehicle Inspection Report - Reports from the drivers showing defects will be a permanent part of the vehicle files. Reports from drivers without defects will be kept for a minimum of 30 days.
PMI Reports, Shop Work Orders, Road Call Report Cards - Copies will be a permanent part of the vehicle files.
All Other Reports - Are not required to be a permanent part of the vehicle files.
A daily vehicle mileage and status report will be emailed to the Agency’s Maintenance department and Contract Operations contact.
At the end of each accounting period, the Contractor will summarize all maintenance activity performed during that period. All reports must be ready no later than the third business day after the end of the period for the Maintenance Administrator's review.
A Period Summary Report must be completed by vehicle type. The total miles of each different type of vehicle must be written separately on the report. The grand total miles of all vehicles must be written on the Mileage Traveled portion of the report.
7. National Transit Database (NTD) Reporting
The Federal Transit Administration requires public transit operators to annually report specified operating, performance and vehicle data as a condition of federal funding. Additionally, Contract operators of 100 or more vehicles in annual maximum service across all modes for a single buyer are required to directly submit NTD reports.
Contractor will complete the Paratransit Survey (PS) tripsheets and all other NTD forms and return them to Agency upon request or by the specified date. Additionally, for each completed form, Contractor shall provide notes detailing the computation of the data provided in the form and copies of source documents used for those computations. The Agency will provide a schedule of trips to be surveyed. All information must be complete and accurate, as a low error ratio is also part of the reporting requirement.
8. Data Reporting Equipment
Since the Contractor must track and report maintenance activity including daily vehicle mileage to Agency electronically, Contractor shall provide at a minimum a phone, modem and computer dedicated to the maintenance program for Agency vehicles.
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9. Accounting
All paratransit service costs incurred in the performance of this Agreement shall be recorded in an account separate from those used for other business activities of the Contractor and shall be available for inspection or audit during normal business hours upon Agency request.
Task 7: Facilities and Vehicle Maintenance Services
The Contractor will provide ADA/DAR services, including vehicle maintenance, from its own facility, and be in compliance with the following:
A. Facilities Set-Up
1. Facility Location
ADA/DAR Service is operated within the western portion of the county and vehicles dispatched out of a particular site will travel to various locations throughout the western portion of Riverside County. Every effort will be made to minimize deadhead miles and take into consideration the site location relative to the first and last trips scheduled on each vehicle shift. There are no restrictions on site location; however, site location will be evaluated as to its overall functionality for administration, operations and maintenance of the Agency’s ADA/DAR services. Services are currently operated from a privately leased facility in Perris.
2. Administrative and Clerical Office Space
The facility will have space suitable to accommodate the personnel necessary for operating the service and to maintain and keep all necessary paratransit data and records. Contractor shall provide all computers, furnishings and equipment including telephones and telephone service to operate out of the office space. All office furnishings and equipment shall be maintained and kept in good working order, and shall be replaced as needed to ensure a professional work environment is maintained. Segregated, secured space for collection and reconciliation of farebox revenue shall be provided within the facility, including a secured vault/safe for overnight storage of monies.
3. Reservations, Scheduling and Dispatch Area
Suitable office space shall be dedicated and functionally organized to accommodate the Reservations, Scheduling and Dispatch staffs required by the ADA/DAR project including a specific window dispatch area for assigning tours and vehicles to drivers. All office furnishings and equipment shall be maintained and kept in good working order, and shall be replaced A-42
as needed to ensure a professional work environment is maintained.
4. Parking Facilities
The Contractor shall provide a facility that will have a secured, lighted, well paved and striped parking lot that shall be kept clean of an excessive buildup of oil, grease and standing water. Paved lot should be in good condition, free of cracks and obstructions. The paved lot shall be of sufficient size to accommodate the assigned paratransit vehicles.
The facility shall provide dedicated parking for the Agency's vehicles that shall ensure efficient and safe staging of said vehicles. Should the Contractor provide on-site parking for their personnel or operate other vehicles from their facility, these vehicles shall be kept separate from those of the Agency. The parking, access and egress areas shall be kept clean and free of debris and trash.
5. Maintenance Facilities
The facility will have a maintenance area that provides enclosed working bays for performing Preventive Maintenance Inspections and all mechanical repairs on paratransit vehicles. Working bays shall accommodate the entire vehicle within the bay out of direct contact with the elements (wind, rain, etc.) to allow quality maintenance to continue without regard to inclement weather. The current maximum length of an Agency paratransit vehicle is 25 feet.
The maintenance area shall be equipped with power lifts and/or maintenance pits as to adequately repair vehicles within the maintenance garage bays. The facility shall be kept clean and free of debris and trash.
6. Maintenance, Cleanliness and Safety of Facilities
Contractor shall ensure that all facilities provided in conjunction with this contract are maintained on a regular basis to ensure a safe, professional, hygienic and attractive working environment which is in compliance with all federal, state and local regulations. Vehicle maintenance and shop areas shall be cleaned on a daily basis and shall be thoroughly cleaned once each month at a minimum. Fluid spills will be cleaned upon occurrence. Vehicle storage and yard areas shall be cleaned once a month at a minimum to eliminate any buildup of oil, grease or dirt.
The Contractor shall comply with all OSHA regulations. The Contractor will be responsible for disposal of any hazardous waste generated by its operation in compliance with all E.P.A. and California Department of Health Services regulations. The Contractor shall comply with the all State Storm
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Water Runoff Act requirements under the Federal Clean Water Runoff Act.
7. Emergency Preparedness
Contractor shall ensure that the facility is equipped with a backup power system that allows for continued operations in the event of a power failure. System must be sufficient to provide power to all telephones, computers for reservations, dispatch and scheduling, as well as for all network services including tablet communication. Additional backup power will be supplied to the maintenance/shop area to ensure adequate power is available to keep that area operational. Backup systems are to be on property at all times and fully functional, with regular interval testing (at least once per quarter), to ensure they are in good working order in the event of an emergency.
B. Shop Tools and Equipment
Contractor is required to provide adequate and appropriate shop equipment and special tools as necessary to perform necessary maintenance tasks required to meet the Agency’s standards and requirements as described herein.
C. Fueling
The vehicles assigned for operation of ADA/DAR Services are unleaded gas- powered vehicles, and Contractor shall have full responsibility for fuel expenses. Proposers are advised to use their fully burdened cost for fuel, inclusive of all margins from OPIS to retail, taxes and fees, when calculating the fuel cost for this proposal. If Contractor does on-site fueling, the facility will have an area for fueling Agency's vehicles in such a way that does not interfere with parking lot traffic and staging of vehicles. Contractor shall provide all necessary equipment and accessories to fuel the vehicles. Contractor shall be responsible for ensuring that all fuel tanks and dispensing equipment are operational, maintained and dispensed in a safe manner and in compliance with all applicable and governing regulations. Proposers will NOT be supplied fuel consumption data for purposes of fuel calculations, but should use their historical knowledge and industry standards for calculating estimated miles-per-gallon ratings for Type II vehicles that will be provided to perform this service.
D. Maintenance Service Requirements
All maintenance and repairs of vehicles shall be in accordance with Agency specified standards (i.e., in accordance with original manufacturer’s specifications), whether performed by the Contractor or authorized subcontractors. Maintenance of Agency equipment shall be done at a time that will ensure maximum availability of vehicles for service. It is not the intent of this requirement to preclude necessary maintenance during normal hours; it is only to ensure that the maximum number of vehicles will be available for service during the service day.
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The Agency's Director of Maintenance or his/her designee may inspect, unannounced or announced, the vehicles at any time either at the Contractor's location or while the vehicle is in service.
The Contractor shall maintain vehicles in such a way as to, at all times, protect the Agency's investment. This requires prompt response to ensure that repairs are done at the point where they will require the least expenditure. Examples of this are:
• Repairing an engine miss promptly to avoid a dropped valve or severely scored cylinder wall;
• Routine oil sampling of engines to avoid catastrophic failures; or
• Identifying and responding to trends which affect vehicle reliability. In addition to the Contractor's maintenance efforts, the Agency will periodically conduct oil sampling/analysis as a quality assurance measure.
1. Maintenance Training Requirements
The Contractor shall have an ongoing training program which shall, at a minimum, include:
• Maintenance Safety Program; • Annual OSHA training complying with federal and state standards and requirements; • Brake training as required by state law; and • Air conditioning training (if applicable).
2. Red Tagged Vehicles
If, in the opinion of the Agency, the vehicle does not meet Agency safety standards as outlined in the Scope of Work, it may be "red tagged." A vehicle that has been "red tagged" shall not go into service and/or shall be immediately removed from service. A "red tagged" vehicle may not be released for service until such time as the problems associated with it have been rectified by the Contractor, verified by the Agency, and signed off by an authorized RTA staff member before the vehicle is returned to revenue service.
A vehicle that has been removed from service at the Contractor's facility during a pull-out inspection conducted by the Agency shall be put on hold. If the vehicle is not repaired within a 24-hour time period it may be "red tagged.” "Red-tagged" vehicles will be subject to specified penalties if placed into passenger service (See Task 8).
If at any time a vehicle does not meet Agency safety requirements, it shall A-45
be "red tagged." The following occurrences may qualify a vehicle for "red tagging:"
• Safety equipment missing (per Vehicle Code requirements);
• Wheelchair lift inoperative;
• Wheelchair lift brake interlock inoperative;
• Wheelchair lift restraints missing/inoperative;
• Tires: Flat, worn, embedded objects/bald;
• Passenger door interlock inoperative;
• Headlights out;
• Taillights out; • Turn signals out or inoperative;
• Horn not working;
• Windshield wipers not working;
• Engine smoking excessively;
• Brake lining too thin;
• Fluid leaks;
• Coolant leaks;
• Exhaust system leaking or damaged;
• Steering with excessive play;
• Loose or missing lug nuts; and
• Any noncompliance with Federal Motor Vehicle Safety Standards and other governing agency safety, vehicle operation regulations.
3. Monthly Pull-Out and Post Inspections
At the time of the monthly pull-out inspections and/or post inspections, the Agency will rate the Contractor's performance based on CHP Terminal Inspection Requirements. If the Contractor's maintenance performance is substandard, the Agency will submit, by the end of the next business day, a corrective action plan and time line for compliance based on CHP requirements. Failure to meet the requirements of the corrective action plan and time lines, verified by a follow-up inspection, may result in specified penalties. (See Task 8 Incentives/Penalties)
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4. Vehicle Cleanliness, Aesthetics Requirements
To facilitate customer service and improve vehicle life, it is imperative vehicles remain clean and free from body damage (other than minor scratches). If vehicles are inspected by Agency staff and found non- compliant with vehicle cleanliness/aesthetic requirements, written notice will be served. Vehicles not brought up to standard within 30 days or as otherwise directed by Agency, shall be subject to specified penalties (see Task 8.)
a. Daily Vehicle Cleanliness Standards
Vehicle cleaning will be done on a daily basis (interior and exterior) to maintain vehicle cleanliness. The daily cleaning will consist of, at minimum: 1. Clean inside of all windows, removing all dust, fingerprints and head prints;
2. Remove all dust from seats, dashboards, wheel wells, rails, ledges;
3. Sweep and mop all floor areas;
4. Ensure bus is free of all paper, gum and debris, etc.;
5. Repair all damaged seats;
6. Daily removal/repair of graffiti;
7. Wash vehicle exterior; ensure windows remain free of spotting; and 8. On a quarterly basis, all vehicles will have exterior and interiors completely detailed, including washing down of all surfaces with disinfectant.
5. Daily Pre-Op Inspection, Daily Vehicle Inspection Reports
Each driver shall inspect vehicles daily before pulling out of the yard in accordance with state requirements. If there are any defects, the driver must enter the defects on a Daily Vehicle Inspection (DVI) report, or similar Contractor provided document, as required by the California Vehicle Code. Even if there are no defects, the driver must sign and date the DVI report prior to leaving the yard. DVI’s shall remain with the vehicle for the duration of the day and shall be replaced on a daily basis by maintenance personnel.
A vehicle with a DVI showing defects must be inspected and appropriate action taken on items noted on the report. After repairs are performed, the mechanic must sign the DVI report, and the information must be transferred to the Shop Work Order or similar document.
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DVI reports showing defects must be dated at the upper right front corner and filed in chronological order for inspection and verification purposes. Once this is completed, the DVI report becomes a permanent record in the vehicle file for that vehicle and must be available for review/inspection at all times.
6. Preventive Maintenance
Preventive maintenance on Service vehicles must be performed in accordance with vehicle manufacturer’s recommended Preventive Maintenance Inspection (PMI) intervals, must comply with California Highway Patrol (CHP) terminal inspection requirements and must include a comprehensive Preventive Maintenance Inspection (PMI) program with maximum 5,000 mile inspection intervals. Vehicles not in good repair and/or working order, or, having traveled more than 5,000 miles (+/- 300 miles) since its last preventive maintenance inspection, shall not be used in service until they are in compliance with Agency requirements.
The Contractor shall develop a Preventive Maintenance plan and shall maintain records which detail the work performed for each vehicle inspection. These records must be available for review by the Agency.
PMIs are not repairs; therefore the labor time for each PMI will be listed separately on the Shop Work Order. The cost of labor for performing PMIs is included as a part of the vehicle service hour charge and will be provided by Contractor at no additional cost to the Agency.
The Contractor is to use manufacturer-recommended materials when doing any repairs to the vehicles. The lubricants used shall meet or exceed the standards required by the manufacturer.
7. Maintenance Repair Procedures
The Contractor shall perform all necessary and required maintenance and repair work to Agency-owned vehicles as recommended by the manufacturer. All repairs will be recorded and tracked electronically in a format compatible with Agency standard operating environment. Contractor shall be responsible for all costs of preventive and regular maintenance to Agency and Contractor-supplied vehicles.
Repair or replacement of major mechanical components shall be completed with oversight/input from the Agency’s Director of Maintenance or his/her designee. Major mechanical components shall be defined as the engine, transmission, and differential. All costs for major component repair/replace are the responsibility of the Contractor.
The responsible person for the Contractor's maintenance program shall A-48
review and verify all work performed and labor utilized, and will make sure that all information needed has been entered onto the work order. The Contractor shall ensure that all work orders are readily available for review by the Agency.
8. Parts and Materials
Contractor shall ensure that all mechanical parts and materials meet or exceed O.E.M. specifications.
Fluids, additives, oil, lubricants, refrigerants and software (nuts, bolts, springs, bulbs, etc.) as well as replacement of fire extinguisher, first aid kits, wheelchair securement straps, lap belts, hydraulic pump handles, and lift covers are part of the vehicle's operating costs and will be maintained and/or supplied by Contractor.
9. Vehicle Tires
Tires for the service shall be supplied by the Contractor. It will be the responsibility of the Contractor to ensure that all tires and wheels are properly maintained and painted; recaps shall not be utilized on revenue vehicles. T
10. Vehicle and Component Warranty Maintenance
Contractor shall be responsible for all warranty work on Agency vehicles assigned to Contractor and the administration of all warranty paperwork with manufacturer. Contractor shall obtain manufacturer authorization to perform warranty maintenance or shall transport vehicles at Contractor’s cost to an authorized warranty service provider.
11. CHP Terminal Inspections
Every 12 months, a portion of the ADA/DAR fleet will be randomly selected by the California Highway Patrol (CHP) for inspection as part of their annual terminal inspection. The Contractor will be responsible for all repairs made in preparation for the inspection as well as those identified by the CHP inspection. In addition, Contractor shall be responsible for preparation of vehicle and operator records and facility for CHP inspection.
Contractor shall ensure that vehicles used in the service of this Agreement meet all applicable State and Federal safety requirements. The certificate indicating inspection has occurred shall be displayed in the vehicles. As certifications are completed, Contractor shall notify Agency and shall provide a copy of the certification for each vehicle.
In the event Contractor’s terminal receives a failing score from the CHP and A-49
does not receive a satisfactory or passing score on a reexamination within 30 days of the initial inspection, Agency may impose penalties as specified in Task 8.
12. Smog Testing
If required by the State of California, Agency vehicles will be emission tested (smog inspection.) Contractor will be responsible for the completion of inspections on all assigned vehicles, shall notify Agency of the completion of inspections on all assigned vehicles and shall be responsible for the associated expense. A copy of the inspection must be supplied to the Agency.
13. Inspection Discrepancy Sheets
When Inspection Discrepancy Sheets are submitted to the Contractor by the Agency, all noted open repair items shall be completed within 14 days or at the next PMI, whichever occurs first unless repair item(s) are safety related, for which the vehicle shall not be permitted to re-enter service until completed. The completed discrepancy sheet shall be returned to the Agency’s Maintenance Administrator upon completion. The PMI will be incomplete if items listed on discrepancy sheets are not fixed within the prescribed time period. Upon notification from Agency of a deficient PMI, any hours operated by a vehicle with an incomplete PMI will not be reimbursed (see Task 8.) Consideration for long lead time parts will be given by Agency Director of Maintenance, and with sufficient documentation to support said lead time, penalty will be waived for non-compliance.
14. Road Calls
In the event of a vehicle failure while in service, scheduled passengers of failed vehicle must be transported as expeditiously as possible. Time is of the essence; Contractor shall develop a plan that results in minimal service disruption to ensure on-time performance. The failed vehicle must be removed from the street within two hours of the request for the road call. Road calls are to be documented in Dispatch and Operations Log including lost service; Agency personnel are to be notified within 10 minutes of each occurrence. Contractor’s maintenance support vehicle(s) shall be equipped with push bars to expedite removal from roadway when necessary.
15. Road Call - Report of Trouble Card
The Road Call Report card or similar document shall be used each time a supervisor responds to a road failure and when a vehicle has to be exchanged or replaced due to a malfunction or a mechanical problem. The supervisory personnel attending the road call shall complete the pertinent information on the Road Call Report Card. The card must be signed by the A-50
Contractor's Project Manager.
A copy of the Report of Trouble card must be filed in the individual vehicle records. Road calls shall be documented, summarized and reported to the Agency monthly, including all NTD identifiers for reporting purposes.
16. Transportation
Contractor shall be responsible for the movement of vehicles within Riverside County. If repairs, maintenance or warranty are to be performed at locations other than Contractor's premises, Contractor shall provide transportation to and from the repair location and notify Agency representative of the need to travel outside of the County. Contractor shall also provide transportation of replacement parts from retail outlets.
17. Transition Policy
Agency owned vehicles are subject to inspection and acceptance upon transition to a new Contractor in accordance with vehicle maintenance standards, as further described in the Scope of Work.
The Incumbent Contractor shall, when transitioning vehicles from its own possession to a new contractor, perform a stringent inspection (including cleanliness and body condition) and shall perform timely repairs which meet the approval of the Agency's Director of Maintenance. The new contractor shall conduct an acceptance inspection of the transitioning vehicles before accepting the vehicles. The new contractor, at the expense of the Incumbent Contractor, shall repair remaining discrepancies not completed prior to the transfer. Agency’s Director of Maintenance shall decide any disputes regarding vehicle condition at transfer. If these repairs are not completed within 90 days, all payments due new contractor shall be withheld until all changeover repairs are complete.
Task 8: Incentives/Penalties
Incentives and penalties will be provided in the following categories: on-time performance, missed trips, excessively late trips, customer complaints, telephone response times and maintenance. The Contractor must strive, at all times, to provide service in a manner which maximizes customer service. Contractors are encouraged to develop other recommended incentives in their proposals for Agency consideration. Incentives should be directly related to improved performance, such as cost containment, productivity improvement, enhanced customer service, or some other performance metric that will substantively improve service.
Before granting incentives or assessing penalties, the Agency will use the following procedure: A-51
1) The Agency will provide notification to the Contractor of its intent to grant an incentive or to assess a penalty;
2) Incentives will be granted once Agency has completed its review and evaluation of Contractor provided documentation;
3) In the case of a penalty, the Contractor will be given an opportunity to demonstrate that the failure could not reasonably have been prevented by the Contractor. Failures caused by actions of Agency staff, natural disasters, or extreme and unusual weather or traffic conditions (force majeure) will be considered not preventable. Any such claim must be supported by adequate documentation in the Contractor’s daily Dispatcher Log. If the Agency determines that the failure was not preventable, then the penalty will be waived.
A. Incentives.
Operational Incentives:
a. Contractor shall be entitled to earn an incentive payment of $2,500/month should its on-time performance be 95% or greater. In calculating on-time performance, “customer no-shows” shall be counted as on-time, “vehicle no- shows” (missed trips) shall be counted as late. On time performance standard includes NLT drop off trips.
b. Contractor shall be entitled to earn an incentive payment for productivity should passenger per revenue hour exceed 2.20. Contractor and Agency are to enter into negotiation during the best and final pricing offer stage on the specific details of the incentive payment to be made. Contractor shall only be entitled to this incentive if on time performance exceeds minimum contract requirement for the same period (90% including NLT arrivals.)
c. Contractor shall be entitled to earn an incentive payment should customer complaints be less than the standard stated in Task 5. $500 shall be the amount granted on a monthly basis.
d. Contractor shall be entitled to earn an incentive payment in the amount of $500/month should the call abandon rate be less than 3%.
Maintenance Incentives:
a. A fleet bonus of $500/month shall be granted for any month in which average fleet miles between mechanical road calls exceeds 17,500 miles.
b. If Contractor averages more than 150,000 average fleet miles A-52
between preventable accidents in two or more consecutive quarters, a bonus of $2,000/quarter may be awarded.
Before the above incentives will be considered ‘earned’, the pass/fail criteria below must be met:
OPERATIONS - INCENTIVES Standard Amount Pass/Fail Criteria Must meet >90% OTP + PPH Incentive >2.20 Sliding Scale Satisfactory CHP rating
Satisfactory CHP rating On Time + Minimum 2.0 PPH Performance > 95% $2500/month Productivity
Must meet >90% OTP + Customer Satisfactory CHP rating Complaints <3 $500/month + Minimum 2.0 PPH MAINTENANCE - INCENTIVES Standard Amount Pass/Fail Criteria
Satisfactory CHP rating Miles between Road + PMI interval standard Calls >17,500/month $500/month + Red-tag standard
Satisfactory CHP rating Preventabl + PMI interval standard e Accidents >150,000/quarter $2000/quarter + Red-tag standard ADMINISTRATIVE - INCENTIVES Standard Amount Pass/Fail Criteria Must meet >90% OTP + Call Abandon Rate <3% $500/month Satisfactory CHP rating
For further information on the potential incentive payments for each annual period under this Agreement, see the end of this Scope of Work, page 84.
B. Penalties.
Operational Penalties
The Agency’s decision to waive the assessment of any penalty will in no way affect the Agency’s right to assess a penalty for a similar failure in the future and will in no way affect the Contractor’s obligation to meet the associated performance standard.
Continued nonperformance by Contractor and/or serious violation of service standards may result in assessment of penalties up to and including termination of contract. A-53
a) Missed Trip. Failure to comply 100% with the performance standard (excluding customer no-shows) shall result in a penalty of $100.00 per passenger trip missed.
b) Trips Performed Outside On-Time Window. Failure to comply with the on- time performance standard shall result in a penalty of $50 for each occurrence below the 90% on-time standard. (This penalty shall be assessed in addition to the requirement for Contractor providing such trips at “no-charge” to the customer.) Performance standard includes NLT drop on time performance.
c) Excessively Late/Early (defined by ADA as a “missed trip”). 100% of the trips performed 60 minutes outside the pickup/drop-off window will be assessed an additional penalty of $50/occurrence. (This penalty shall be assessed in addition to the requirement for Contractor providing such trips at “no-charge” to the customer.) Performance standard includes agreed upon NLT drop times.
Maintenance Penalties
a) A penalty of $500/month for any month in which average fleet miles between mechanical road calls falls below 10,000 miles.
b) A penalty of $500/day for non-timely PMIs shall be assessed if the PMI remains delinquent beyond +/- 300 mile interval. Also, any vehicle revenue hours (VRH) operated by this vehicle once PMI interval threshold is exceeded, will not be reimbursed by Agency. Continued failure of the Contractor to provide this preventive maintenance may result in the termination of this Agreement.
c) A penalty of $500/incident for Contractor failure to repair wheelchair lift in a timely manner (assuming parts availability).
d) A penalty of $5,000 for each failure of Contractor to achieve a satisfactory CHP safety rating.
e) A penalty of $1,000 per day and non-payment of any VRH operated with a “red-tagged” vehicle, including Contractor non-compliance with requirement to have Agency written sign-off on vehicle prior to returning it to revenue service.
f) A penalty of $200/vehicle per incident of in-service vehicle not meeting cleanliness, body-damage free standard.
g) A penalty of $200/vehicle per incident of vehicle being operated in revenue service with inoperable air conditioning. A-54
Other Penalties:
a) Key Personnel. Replacement of key personnel without prior Agency approval will result in a one-time penalty of $25,000. Should key personnel positions remain unfilled for a period in excess of 30 calendar days, a penalty of $100/day shall be assessed for any month or portion thereof in which the position(s) remains unfilled beyond the first 30 days. In addition, the salary and benefits associated with the unfilled position will be deducted from amounts owed to the Contractor.
b) Staffing. Should any staff position remain unfilled for a period of more than thirty (30) days, a penalty of $100/day/position for any month or portion thereof in which vacated position(s) remain unfilled.
c) Driver Appearance. Failure to meet the performance standard shall result in a penalty of $50 per infraction.
d) Customer Service. Failure to meet the performance standard shall result in a penalty of $50 per preventable complaint in excess of the standard.
e) Administration. Failure to meet the performance standard, including all reporting submission deadlines, shall result in a penalty of $50 per day per occurrence. If reported statistics are found to be incorrect by Agency, a penalty of $50/per day/per occurrence shall be assessed from date of occurrence. If statistics reported by Contractor which are used as a basis for evaluating performance against the performance standards are found to contain omissions or inaccuracies, a penalty of $200/per occurrence shall be assessed. In the event of a knowing omission or falsification of operating statistics, this Agreement is subject to immediate termination.
f) Fueling. The Agency recognizes the importance of maintaining vehicles properly for service, including sufficient fuel for the daily operation of each vehicle. To minimize the impact of lost service to passengers, failure to ensure sufficient fuel for a bus, i.e., running low or out of fuel during revenue service, will result in a penalty of $500 per occurrence.
g) Unauthorized Use of Agency Vehicle/Equipment. Failure to meet the performance standard (e.g. unauthorized use, personal use, and use between Agency and non-Agency services) shall result in a $100 penalty per occurrence and possible termination of the Agreement.
h) Emergency Response. Failure to meet this performance standard shall result in Contractor reimbursing Agency for its actual costs of Agency staff providing the emergency response at two and one-half times the actual labor rate plus overhead. A-55
i) Preventable Accidents. Standard shall be zero preventable accidents; failure to meet this performance standard shall result in a penalty of $50 per occurrence. In addition, if total vehicle fleet miles between preventable accidents falls below 75,000 in two consecutive quarters, liquidated damages in the amount of $2,000/quarter may be assessed. j) Call Center Reservationists/Customer Service. Failure to meet the performance standards set forth in Task 3, paragraph D shall result in a $2,500/month penalty if the call abandon rate performance standard is exceeded.
(k) Indemnification
(i) Failure to respond to Agency notice of tender of claim in writing which shall accept the tender and acknowledge representation and indemnification obligations as stated in the Agreement, within 5 days of receipt shall result in a penalty of $100, which is separate from all legal and administrative expenses that will be owed to Agency with interest. This is a per claim penalty.
(ii) Failure to respond to Agency notice of tender of claim in writing, which shall accept the tender and acknowledge representation and indemnification obligations as stated in the Agreement within 5 days of 2nd notice shall result in a penalty of $100 per day, which is separate from all legal and administrative expenses that will be owed to Agency with interest. This is a per claim penalty.
A-56
ATTACHMENTS TO ADA/DAR SCOPE OF WORK
Attachment 1 Service Area Map and Service Parameters
Attachment 2 Paratransit Rider’s Guide (Service Policies)
Attachment 3 Assigned Vehicles
Attachment 4 RTA’s Drug and Alcohol Policy
Attachment 5 Glossary of Terms
Attachment 6 Fare Reconciliation Form
Attachment 7 Fuel Escalator Model
A-57
Attachment 1 – Service Parameters
RTA Service Parameters for this may be found at the following weblink: http://www.riversidetransit.com/index.php/news-a-publications/publications
14 204 10 PROSPECT Route 204 continues to Loma Linda VA
Montclair Transit Center. Hospital (951) 565-5002 ANDERSON 14 BARTON BENTON ONTARIO JURUPA Loma Linda University Legend www.RiversideTransit.com 204 215 Medical Center LOMA 15 MARLAY LINDA Welcome aboard the Riverside Transit Agency (RTA), your community transportation
Santa Ana River CABERNET MULBERRY provider. The RTA operates 46 bus routes to provide you with safe, cost-effective and PHILADELPHIA 49 GRAND 91 reliable service in western Riverside County. We hope that this System Map is useful to you MISSION BLVD TERRACE
Country GARNER MICHIGAN VILLAGE CENTER Village COUNTRY GRANITE HILLS in planning your trip. Should you need additional information, please call the Customer
PEDLEY RIVERA CENTER HALL ALAMO 60 204 HIGHGROVE Information Center at (951) 565-5002. 21 MISSION BLVD 24TH 12 49 29 ORANGE MARKET LA CADENA 14 Hunter Park MISSION BLVD RUBIDOUX Metrolink Station 60 204 COLUMBIA MAP NOT TO SCALE
MAIN Hunter Park/UCR Metrolink Station FELSPAR JURUPA 42ND 49 MARLBOROUGH
29 RUSSELL RUSTIN 13 52 Metrolink 41 13 52 Route Number Point of Interest Interstate
VALLEY 12 TILTON IOWA JURUPA PACIFIC 49 1ST SPRUCE
3RD MT VERNON ORANGE « MASS. Route Path Medical Facility State Highway The Pedley RTA 3RD BLAINE CANYON CREST WATKINS BELLEGRAVE Metrolink SEE KANSAS RIVERVIEW UCR at Bannockburn Station DOWNTOWN 10 LINDEN UCR
Swan Lake MIRA LOMA 29 16 1 16 51 ETIWANDA RIVERSIDE UNIVERSITY CHICAGO Commuter Routing Transfer Point Main Road 58TH MHP 204 BIG SPRINGS
TERRACINA 1 52 204 January Date: Effective 8, 2017 Agency. Transit © 2016 Riverside 21 PEDLEY LIMONITE DETAIL 14TH SCHOLAR WAY LIMONITE 14 52 OLD LAKE RD LIMONITE 21 RAMONA PERRIS BLVD 29 50 MLK Alternate Routing
PATS RD RANCH Metrolink Station Water HAMNER 29 VAN BUREN Santa Ana River 1 13 208 210 212 Moreno Valley Mall CLAY 215 60 SUNNYMEAD RANCH18 RCC 10 11 16 18 19 68TH ST Santa Ana River MAGNOLIA15 ML KING 22 208 18 MANZANITA 3 JURUPA 13 OLIVEWOOD 26 31 208 210 BROCKTON 200 HEACOCK 12 12 212 Sunline 220 216 16 SYCAMORE CYN 10 14 20 CREST CANYON BEAUMONT BANNING EASTVALE 21 CENTRAL 210 MORENO SUMNER
VICTORIA CHICAGO
ARLINGTON CENTRAL STREETER CENTRAL STAGECOACH MONROE » BROCKTON 10 20 « FAIR ISLE IRONWOOD VALLEY 60 City 15 13 11 SUNSET PLAZA CITRUS 16 BOX SPRINGS Hall
Brockton Arcade ARLINGTON Moreno PASS PIGEON HEMLOCK 210 Sunline 220 PERRIS BLVD PERRIS PHOENIX 22 CANYON 10 ARLINGTON ARLINGTON LOCHMOOR 210 Valley 210 210 31 Sunline 220 continues 15 HORACE 31 60 15 Mall 31 2ND to Palm Desert VICTORIA CREST 19 210
208 DAY SUNNYMEAD Walmart
BEACH MORENO MORENO
CALIFORNIA 212 21 « CENTERPOINT FIR 31
HAMNER 20 16 « EUCALYPTUS 6th GOULD » SYCAMORE CYN CAMPUS NASON 1ST 15 CREST COLORADO 12 200 26 TOWNGATE EUCALYPTUS 3 ALESSANDRO 31 Walmart
13 BLVD PERRIS 1 HEACOCK EUCALYPTUS TOWNGATE CALIFORNIA 216 KITCHING LA SIERRA WELLS 11 COTTONWOOD 31 Riverside University Medical Center 13 County Cal Baptist Univ. INDIANA 18 Norco COUNTY MAGNOLIA 208 20 31 41 HARRISON 14 ALESSANDRO LINCOLN FREDERICK Mental » WAY COMMERCE City Hall 4TH SIERRA VISTA » FARM 91 20 TYLER Health ALESSANDRO 20 BEAUMONT AVE Parkview Riverside HIGHLAND SPRINGS » 26 19 Norco Hospital 10 City University NASON Senior Center CLARK NORCO Galleria 20 « MISSION Hall 11 Medical at Tyler 10 Moreno Valley Spruce St. LAMPTON La Sierra PIERCE HOLE GROVE March Field CACTUS Center Moreno ROUTE 51 Crest Cruiser 12 27 INDIAN 41
Norco University TYLER Social Valley BEACH MORENO Metrolink Station 26 BLVD PERRIS VAN BUREN MERIDIAN PKWY MEYER JFK CACTUS College 3RD 15 Kaiser Security 11 18 Community
Corona Transit Center 12 LA SIERRA Office JFK Hospital TRAUTWEIN University Village & Village Towers Apts
MERCED » Hospital RIVERSIDE Watkins Dr. LASSELLE
March RIVERSIDE RAILROAD 22 1 3 206 216 RIVERWALK MARCH JPA ARB GENTIAN 1 14 16 51 52 3 15 19 20 1 Corona Cruiser Blue, Red PIERCE INDIANA ORANGE TERRACE IRIS AUTO CENTER 26 MVMF Metrolink Station Iowa Av. 79 HIDDEN VALLEY La Sierra IRIS
794 KITCHING Moreno Iowa & Blaine « LA SIERRA 20 26 Metrolink IRIS Metrolink Valley Village Towers PIERCE Station 27 27 10 14 51 91 15 VAN BUREN Apartments GILMAN SPRINGS « Route 200 to « COMMERCE Corona 1 STERLING 27 College 51 University « BUSINESS CNTR
INDIAN 52 Anaheim Corona N MAIN ST Transit Galleria at Tyler MLK Village Blaine 1 Center 200 High 41 « Routes 205, 216 to SMITH City Hall MAGNOLIA 1 10 12 13 14 KRAMERIA Moreno Valley College University Av. Village at Orange POMONA 216 794 School 205 15 21 27 200 216 VAN BUREN UCR Canyon Crest Dr. 205 200 216 794 91 215 18 19 20 41 LASSELLE University Av. 1 206 « OCTA 794 to HOME WOODCREST WOOD 208 31 South Coast Metro 6TH ST 3 1 MARIPOSA 212 W Campus UCR 206 6TH ST GARDENS Post Office FULLERTON BLVD PERRIS UCR 22 Chicago Av.
PARSONS OLEANDER 19 Lake 1 16 51 MARKHAM MAIN ST 27
EVANS RD EVANS 52 204 CORONA 10TH MAGNOLIA PERRIS Perris Corona Citrus Hills ALEXANDER 22 FAIRGROUNDS Regional High School « NEVADA « WEBSTER RAMONA EXPWY Medical Vintage Terrace RAMONA EXPWY Center 794 Senior Community Crest Dr. CLARK 41 MLK Blvd. LA SIERRA Lake Star- crest 51 15 INDIAN CAJALCO 41 41 Canyon Mathews 41 MORGAN MAY RANCH MLK Blvd. 215 Canyon Community CAJALCO OAKLAND SHERMAN Vassar Church Park and Ride Mead Valley RIDER ST
RIDER 208 30 79 BROWN ST BROWN HAINES Library Mt. San Jacinto College Mead Valley 212 BRADLEY Canyon Crest & MLK (Lot 30) Community BARRETT 31 32 74 212 217 CAJALCO WALNUTEL NIDO 16 51 208 210 212 205 Center 51 RAMONA EXPWY
206 TEMESCAL MEAD OLD ELSINORE SunLine 220 EVANS RD EVANS CANYON BLVD PERRIS 60 VALLEY 30 ORANGE DUNLAP DR Mt. San Dos Lagos 19 Monte Vista Jacinto College 206 27 217 RAMONA EXPWY
Chicago Av. Chicago RIVERSIDE « DOS LAGOS CITRUS AVE Walmart SAN IDYLLWILD NUEVO Canyon Crest Dr.
NUEVO STATE 74 30 Chicago & Central JACINTO RAMONA BLVD SOBOBA TEMESCAL CANYON » 206 22 27 PERRIS City 22 51 212 DE ANZA Hall Tom’s Farms 19 Perris Station Transit Center COTTONWOOD MAIN LAKE PARK DR ENTERPRISE 32 42 WESTON SAN JACINTO » Central Av. Soboba REDLANDS AV 19 22 27 30 74 Canyon Crest & Central
NAVAJO 208 42 31 E 7TH PALM
DIANA W 7TH Casino
LA MORE 212 208 212 Metrolink GRAND 42 16 51 HEWITT
30 El Cerrito EVANS FE SAN JACINTO 4TH ST « WILKERSON 42 MISTLETOE 32
7TH SANTA 208 KIRBY RAMONA EXPWY G ST» 74 212 A ST
Legend | Map not to scale ESPLANADE VILLINES C ST» 22 PERRIS FRUITVALE ELLIS 11TH 27 STATE COMMONWEALTH 22 GOETZ Transfer Point and Information Hemet Valley Mall MENLO 15 ELLIS LYON 33 Trolley Stops Canyon Crest 27 31 32 33 42 MENLO Walmart 74 74 215 74 BONNIE DR 74 79 212 217 33 217 TEMESCAL Towne Centre 32 OAKLAND
CASE RD OAKLAND PALM 42 JACINTO SAN 208 GILMORE « 74 32 CANYON THEDA South Perris LATHAMDEVONSHIRE » LATHAM LINCOLN Metrolink Station DEVONSHIRE » FLORIDA GRANT EXCEED 217 212 27
KIRBY 74 212 South Perris Metrolink Station 212 FLORIDA 33 VALLE ACACIA 31 74 27 74
61 74 208 Metrolink TRUMBLE 212 Hemet 31 VISTA » VISTA 205 BUENA VISTA 27 LYON CENTRAL MAYBERRY ETHANAC RD 74 Valley PALM
206 74 32 JACINTO SAN 79 Mall 27 MAYBERRY DOWNTOWN RIVERSIDE DETAIL MURRIETA RD
32
SANDERSON Juanita » Juanita MEADOWBROOK 22 33 STATE THIRD ST STANFORD STETSON 217 STETSON DARTMOUTH 20 33 CHAMBERS AVE SUN
GILBERT Cherry Hills & Bradley CAWSTON CITY THORNTON THORNTON THORNTON 46 27 40 61 74 MCCALL MUSTANG EAST SUN CITY 79 74 19 15 Lake Elsinore Outlet Center
ENCANTO HEMET HEMET 7 8 22 206 SIMPSON WARREN FOURTH ST Convention 74 61 LEGEND QUAIL CHERRY Center HILLS WINCHESTER 22 40 SANDERSON 1 Stop Location Number VALLEY 61 208 217 NICHOLS Fire 10 Route Numbers Station
22 BRADLEY Outlet WINCHESTER DOMENIGONI PKWY CenterCOLLIER CENTRAL 74 NB=Northbound / SB=Southbound 8 40 Menifee MURRIETA City Hall MENIFEE 74 LAKESHORE LAKE GOETZ EB=Eastbound / WB=Westbound 205 CANYON NEWPORT RD « ANTELOPE 74
MARKET ST 74 206 CW=Clockwise 8 COLLIER ELSINORE LAKE 40 61 217
FIFTH ST Canyon NEWPORT RD LA MENIFEE RIVERSIDELEUSD DR 40 EVANS LA PIEDRA RD PIEDRA 12 MACHADOLINCOLN CANYON Lake CHANEY ESTATES RAILROAD CYN RD ROHRABACHER » 29 204 POTTERY Mt. San Jacinto 8 Canyon Lake College-Menifee 79 City Hall City SUMMERHILL
FAIRMOUNT BLVD FAIRMOUNT GRAHAM 61 RIVERSIDE DR Hall MAIN MISSION TRAIL » RAILROAD 17 18 « RAILROADCYN RD CYN RD RAILROAD 40 CYN RD 208 79 SIXTH ST 8 Lake FRENCH VALLEY LAKESHORE DR Walmart
Main Elsinore POURROY Library « SKY VIEW
MENIFEE « ALGRAVE Main St Mall Mission ORANGE ST LEMON ST LIME ST ST MULBERRY Fox Performing 74 206 Inn DIAMOND
Arts Center MALAGA THOMPSON » CLOCHE Omnitrans 215 SCOTT RD 8 91 61 22 29 MISSION INN AV 215 BENTON 8 79 ORTEGAHWY 49 Omnitrans 215 GRAND AVE MAGDAS POINSETTIA 217 ROUTE 55 Temecula Trolley ANTELOPE COLORADOS TEMEKU RUSTIC GLEN DR 7 MISSION TRAIL 10 15 BRIGGS LAKEVIEW RD Metro Mission BUNDY CANYON KELLER Museum 1 79 AULD Southwest HARVESTON 49 34 200 208 Trail Justice SCHOOL RD 16 22 35 33 Library 61 22 216 210/SunLine 220 Center Ysabel 15 206 Barnett 15 212 8 E.S.
CHESTNUT ST 13 « TOWNSHIP RD Wildomar WINCHESTER 10 ANTELOPE HARVESTON DR 22 22 8 Independent And Loma Linda University WINCHESTER RD 14 Assisted Living Medical Center 14 PALOMAR DATE ST 204 VALLEY ISLAND 208 5 6 1 Wildomar MURRIETA « LINNEL HARVESTON NICOLAS RD 54 STOP ROUTES KEITH City Hall VILLAGE RD Chaparral CATT YNEZ RD UNIVERSITY AV LOCATION SERVED & DIRECTION HIDDEN H.S. 26 Omnitrans 215 SPRINGS CLINTON23 Inland Valley CLINTON KEITH MCELWAIN MARGARITA RD 21 NUMBER Medical Center 79 PASADENA » 23 61 French 31 1 Brockton & 14th 14EB PRIELIPP JACKSON 55 Vista Murrieta Valley Equity Dr & Ynez Rd HARVESTON DR CENTRAL ST » HS Airport NINTH ST 54 2 Brockton & 14th 14WB NUTMEG 23 24 55 61 EQUITY DR 206 79 217 MARGARITA RD 3 Brockton & 10th 14WB WHITEWOOD Omnitrans 215 54
MARKET ST 5 Brockton & University 14WB LOS ALAMOS 12 YNEZ RD COUNTY White Park 48 WILDOMAR ARCONTE City 13 10 15 6 University & Brockton 14EB, 22NB/SB 15 61 CENTER DR 91 ALTA WHITEWOOD TECHNOLOGY Hall WASHINGTON CALIF. OAKS 15 49 25 7 Mission Inn & Brockton 49EB NIGHT MURRIETA 13 HAWK
VINE ST 217 54 8 Mission Inn & Brockton 49WB 23 205 Rancho Springs WINCHESTER RD TENTH ST HAYES JUNIPER 206 208 Medical Center MURRIETA HOT SPRINGS 55 43 9 Magnolia & 14th 1WB, 13WB, 15WB, 50WB KALMIA MADISON 23 The Promenade
SKY CANYON SKY County Center 3 47 Courthouse Detention Murrieta 61 at Temecula A City Hall MURRIETA HOT SPRINGS 79 YNEZ RD 210 50 I 10 Magnolia & 15th 1EB, 13EB, 15EB, 50EB VINEYARD 23 24 55 14 12 Center 44 & Senior MARGARITA 13 10 County 37 H 11 Market & 12th 1WB, 13WB, 15WB Center 61 79 217 Administration STOP ROUTES 202 Promenade Mall Parking Structure 50 54 12 Market & 12th 1EB, 13EB, 15EB Walmart WINCHESTER Palm Plaza Center B 45 212 LOCATION SERVED & DIRECTION Shopping Center 55 79 202 205 206 ONE WAY 36 61 79 G 13 Market & 10th 1WB, 13WB, 15WB NUMBER 208 217 ELEVENTH ST 30 200 15 23 Extended Stay ONE WAY 14 Market & 10th 13EB, 15EB 36 Inside Metrolink Station 54CW C 40 EQUITY DR America OVERLAND DR 208 Equity Dr & Ynez Rd 208 217 27 216 15 University & Market 14WB, 22NB, 29EB/WB, Board at Bay G OVERLAND DR 23 24 55 61 79 MOTOR Hall of 210/SunLine 220 49EB/WB 205 TEMECULA 37 Inside Metrolink Station 1EB/WB, 15WB 79 217 YNEZ Best Abbott CAR 39 206 Western PKWY MARGARITA RD 12 Justice 200 212 16 Market & University 12EB, 204NB Board at Bay H COUNTY CNTR
BROCKTON AV BROCKTON Promenade Mall 216 D 11 17 Market & 6th 12WB, 29EB 38 Vine & Metrolink Station 1EB County Center Drive ALMOND ST Promenade Mall Parking Structure YNEZ RD 38 15 Board at Bay D 23 24 55 61 55 79 202 205 206 TWELFTH ST 18 Market & 6th 12EB, 29WB 79 39 Vine & Metrolink Station 1WB 79 208 217 Legend | Map not to scale 24 208 19 Market & 4th 12WB SOLANA E 42 1 Board at Bay D 15 24 RANCHO CALIF. 1 210 20 Market & 3rd 12EB, 29WB Transfer Point and Information YNEZ RD MARGARITA RD
Metrolink Station Metrolink 40 Vine & Metrolink Station 15EB/WB
15 13 212 Riverside-Downtown Trolley Stops TEMECULA F 41 21 University & Market 1EB, 12WB, 13EB, 14EB, 15EB, Board at Bay C OVERLAND 14 22SB, 54CW, 204SB 217 24 50 41 Vine & Metrolink Station 200EB/WB, 216EB/WB 22 University & Market 1WB, 13WB, 15WB Temecula Board at Bay F MARGARITA RD THIRTEENTH ST 200 City 79 RANCHO VISTA 91 24 Orange & 12th 10WB, 12WB, 13EB RANCHO CALIF. 29 216 42 Vine & Metrolink Station Omnitrans 215 Hall 25 Orange & 10th 10WB Board at Bay E FRONT YNEZ RD MERCEDES 26 Orange & University 10WB, 12WB, 13EB 43 Vine & Metrolink Station 208SB 79 PAUBA 24 51 27 Main & 12th 50EB/WB Board at Bay A Temecula 6TH » FRONT Valley MAIN ST MAIN 54 44 Vine & Metrolink Station 210EB Hospital 28 14th & Orange Grove 10WB, 12WB, 13EB OLD TOWN PUJOL « TEMECULA PKWY SunLine 220 Board at Bay A MAIN » Temecula Walmart 208 210 212 202 DONA FOURTEENTH ST 29 Lemon & 14th 10EB, 12EB, 13WB, 54CW LYNORA 10 1ST MARGARITA RDOVERLAND 1 9 45 Vine & Metrolink Station 212EB 24 13 30 Lemon & 12th 10EB, 12EB, 13WB, 54CW, Board at Bay B 79 2 200EB/WB, 208NB/SB, Community Riverside 28 24 REDHAWK Riverside - Downtown Metrolink Station 210EB/WB, 212EB/WB, 46 Market & 4th 29EB Center 24 RED HAWK Community PECHANGA PKWY 12 PKWY Hospital 10 91 1 15 54 200 208 210 212 216EB/WB 47 Market & 10th 1EB 216 Omnitrans 215 Metrolink 48 Orange & 10th 12WB, 13EB Amtrak SunLine 220 31 University & Lemon 1EB, 14EB, 15EB, 22SB, 54CW, PEPPERCORN » 200 Omnitrans 215 FIFTEENTH ST 49 10th & Main 54CW 15 216 33 University & Lemon 10WB, 14WB, 15WB, 22NB 50 Inside Metrolink Station 208NB/SB, 210EB/WB, 212EB/WB, Pechanga Resort Great Oak HS 34 Lemon & University 10EB Board at Bay I SunLine 220EB/WB Rt 202 continues DEER HOLLOW to Oceanside 76 MAGNOLIA AV MAGNOLIA 35 University & Lemon 1WB 51 14th & Lime 10EB, 13WB, 54CW Rt 217 continues 202 217 to Escondido Transit Center WHAT IS DIAL-A-RIDE? Dial-A-Ride is an origin-to-destination advanced reservation transportation service for seniors and persons with disabilities. Service is provided during the same hours of operation as local fixed-route bus service in that area. There is no service on some major holidays. RTA has two types of Dial-A-Ride service:
1. ADA Priority Dial-A-Ride Service RTA gives priority service to individuals who are certified under the Americans with Disabilities Act (ADA). Persons who are ADA certified are eligible for trips throughout the RTA service area that are within three-quarters of a mile of local fixed-route bus service and during the hours of bus service operation. ADA-certified Individuals are eligible to bring a Personal Care Attendant (PCA) at no cost if your ADA card permits. A companion Effective July 1, 2013 or child may come along only if space is available and will be required to pay a fare. This is your guide to Riverside Transit Agency Dial-A-Ride service. If you have any questions about Dial-A-Ride service, please call 2. Senior/Disabled Dial-A-Ride Service the appropriate phone number listed in this guide. Our goal is to Seniors age 65 and above and persons with disabilities are provide you with safe, convenient and reliable service. eligible for local Dial-A-Ride service within a single city and within three-quarters of a mile of local fixed-route bus service Please verify that your home is within the Dial-A-Ride service during the hours of bus service operation. Transportation is area before applying for service. If you have any questions about provided only within the city in which your trip begins. ADA services, whether you live within the Dial-A-Ride service area or about HOW TO PLAN A RIDE Dial-A-Ride policies, please call (800) 795-7887. Dial-A-Ride customers may schedule rides one to three days in advance. RTA encourages customers to provide as much advance All RTA fixed-route buses are accessible to persons with disabilities. notice as possible to allow schedulers to more efficiently route All buses are equipped with wheelchair ramps or wheelchair lifts. vehicles. Audible announcements of major bus stops are made on all buses. ADA priority service is available to those individuals who are unable To request a ride, call (800) 795-7887 or TTY (800) 396-3610. to use fixed route bus service. Dial-A-Ride requests are taken Monday through Friday from 7 a.m. to 6 p.m. and weekends from 8 a.m. to 5 p.m. RTA also offers free, personalized travel training to customers who are seeking greater independence and confidence to travel When making a request, please have the following information aboard our fixed-route buses. available: • The date and time of travel PERSONALIZED TRAVEL TRAINING • Your pick-up time and address RTA is pleased to provide free travel training to promote greater • Your destination address independence and confidence to travel anywhere RTA buses go, • When you would like to arrive at your destination anytime they operate. As an independent traveler, you can rely • Your return time and address less on costly Dial-A-Ride service and have the freedom to plan • Verify whether you will be using a mobility aid such as a your trips aboard our fixed-route buses according to your own wheelchair, walker or service animal. If you use a wheelchair, it schedule. The step-by-step process emphasizes safety, while may not be larger than 32 inches wide and 52 inches long and building confidence and travel skills. Contact RTA at (951) 565- your combined weight with your wheelchair may not exceed 800 5002 to start the process. An RTA-appointed trainer will set up pounds, or we will be unable to accommodate your trip. an appointment to meet with you to discuss your travel skills and • Confirm that you will be travelling with a companion or an goals. authorized personal care attendant. Companions are required to pay the full fare. Negotiating Trip Times Checking on Your Ride Due to the high volume of requests, RTA may be unable to If your ride appears to be running late, you may check on it by give customers the exact time they request. ADA allows for a calling (800) 795-7887. Please do not call to check on your ride negotiated pick-up time within one hour before or after the until your 30-minute pickup window has begun. requested trip time. If your return time changes, call (800) 795-7887 as soon as possible and we will make every attempt to Travel Time reschedule you. Be aware that Dial-A-Ride is a shared service and you may be riding with other customers who may be picked up or dropped off Be Ready for Your Trip before you. The time of your trips may vary, and direct service to When making a reservation, you will be given a 30-minute your destination may not be available. Some trips may include a pick-up window (for example: 11 a.m. to 11:30 a.m.). Because transfer. your ride may arrive any time within that 30-minute window, you must be ready and waiting to go at the start of the window. Child Safety Seats Be prepared to show your appropriate DAR photo identification All Dial-A-Ride vehicles can be equipped with child safety seats card to the driver. Once your trip is scheduled and you board for children under six years of age or weighing less than 60 the vehicle, you may not change your destination. Vehicles are pounds. Customers travelling with a child in need of a safety seat not allowed to go into driveways and drivers are not allowed should notify RTA when making their reservation. to lose sight of their vehicle at any time. If you are not present when the vehicle arrives, the driver will wait five minutes. After PHONE NUMBERS AND HOURS five minutes, the driver will mark you as a no-show. There are Dial-A-Ride Reservations and Hours penalties for excessive no-shows. Reservations...... (800) 795-7887 Monday-Friday: 7 a.m. – 6 p.m. Service Animals Saturday-Sunday: 8 a.m. – 5 p.m. Service or guide animals necessary for travel by customers with disabilities are allowed on all RTA vehicles. Small pets are allowed TTY (hearing impaired phone)...... (800) 369-3610 if they are secured in a pet carrier that can be safely placed on a Cancellations...... (866) 543-4782 customer’s lap. Cancel by email...... [email protected] Dial-A-Ride After Hours...... (866) 543-4782 Carry-on Items Information, Comments, Complaints...... (951) 565-5002 To ensure the safety of our passengers, we ask that you limit the ADA Certification Information...... (951) 565-5002 number of carry-on items to two. Once onboard, you must be able to keep the packages secure. Carts or strollers must be folded Get Information or Apply Online 24 hours at prior to boarding. Open food and beverages other than water are www.RiversideTransit.com prohibited. Eating and smoking are not allowed. RTA Customer Information Center Cancelling a Ride Customer Information Center ...... (951) 565-5002 If a trip needs to be cancelled, call as early as possible by calling Route Information TTY ...... (800) 800-7825 (951) 943-0319 or (866) 543-4782 or Monday-Friday: 6 a.m. – 8 p.m. TTY (800) 369-3610 or you can e-mail us at Saturday-Sunday: 8 a.m. – 8 p.m. [email protected]. Trips should be cancelled by 6 p.m. Lost and Found...... (951) 565-5000 the day prior to the scheduled ride time. If you cancel a trip after that time, you may be assessed penalty points that may result in Other Dial-A-Ride Services suspension of service. Banning Dial-A-Ride...... (951) 922-3252 If a Dial-A-Ride customer is a no-show for the first part of a round Beaumont Dial-A-Ride...... (951) 769-8532 trip, RTA will not automatically cancel the return trip. It is the Corona Dial-A-Ride...... (951) 734-7220 customer’s responsibility to call and cancel if the return trip will Riverside Special Transportation...... (951) 687-8080 not be needed. Failure to cancel the return trip may result in a no-show. NO-SHOW POLICY In an effort to improve the availability of appointment time slots and make Dial-A-Ride service more efficient for all customers, the RTA No-Show Policy is designed to limit the number of late process. Rulings shall be deemed final. cancellations and no-shows. The policy considers a customer’s overall frequency of use, and establishes “a pattern or practice of DIAL-A-RIDE SERVICE AREA abuse” that is relative to how often a person travels. Customers Dial-A-Ride vehicles travel to areas within three-quarters of a who exceed the systemwide average no-show rate may be mile of an RTA local route. These areas are called the “Dial-A-Ride penalized. service area” and trips must begin and end in that service area.
Any Dial-A-Ride customer who cancels their ride after 6 p.m. If your trip starts or ends outside the service area, you will need the night before their scheduled pickup will be marked a late to find a safe place within the service area to be picked up and cancellation. Any Dial-a-Ride customer who is a no-show or dropped off to be eligible for services. cancels their trip within two hours of their scheduled pick-up will be marked as a no-show. Customers in violation of the policy may Please call RTA at (800) 795-7887 to find out if your pick-up and have their service temporarily suspended. Please note that in drop-off locations are in the the event of a no-show, the return trip will NOT be automatically Dial-A-Ride service area. cancelled and it is the customer’s responsibility to cancel that scheduled trip. Please note that your city may be served by another transit provider. Banning, Beaumont, Corona and Riverside operate their • RTA staff will measure the system-wide average for no-shows, and own Dial-A-Ride service. identify customers who significantly exceed this average. A detailed review of a customer’s trip history and no-show frequency will be FARES performed before a suspension of services is considered. The base fare for Dial-A-Ride service is $3.00 per passenger, per boarding. The maximum fare is $9.00 per one-way trip and will • At the end of each month, customer no-show rates will be be based on the number of zones you travel. Depending on where reviewed and compared to the system-wide average. Those your trip begins and ends, you may be required to transfer. customers found to exceed twice the system-wide rate may be subject to suspension of services. Only those cancellations within Exact fare for the entire trip is required and must be paid upon the customer’s control will be considered. boarding your first bus. Drivers cannot give change. When you schedule your trip the operator will tell you the fare required for • Customers in violation of the policy will receive a warning on that trip. the first offense. Subsequent non-compliance could result in suspension of services for seven calendar days. Only ADA-certified passengers may bring personal care attendants. If eligible, your attendant may accompany you at no • A 30-day notification will be provided to the customer prior charge and an additional companion may ride for $3.00 per fare to suspension. The notification includes an appeals process that zone if space is available. allows the customer to dispute a finding of non-compliance. The 30-day period also allows staff to consider such factors as life- If you plan to bring a child as an escort and the child is under 47 sustaining services that require transportation such as dialysis inches tall, he/she may ride for 50 cents per fare zone. treatments or chemotherapy appointments. Buddy Fare Right to Appeal The Buddy Fare is a great way to save money on Dial-A-Ride. Persons receiving suspensions will have the right to appeal. With this special program, two to 10 eligible customers can share To file an appeal, a customer or his/her representative must the fare for each fare zone. The entire group must be picked up send a written explanation of why the customer should not be within a half-mile radius of each other and travel to the same suspended along with any supporting facts and statements. destination. The appeal must be received within 30 days of notification of suspension. Appeals should be sent to Riverside Transit Agency, 1825 Third Street, Riverside, CA 92517, Attention RTA Contract Operations Department. RIVERSIDETRANSIT.COM
Individuals will be permitted to ride the bus during the appeal ¿QUÉ ES DIAL-A-RIDE? Dial-A-Ride es un servicio de transportación con reservación avanzada de origen hasta destino para personas de la tercera edad y personas con discapacidades. El servicio se proporciona, equivalente al servicio local de ruta fija en el área. No se ofrece servicio durante los principales días festivos. RTA tiene dos tipos de servicio de Dial-A-Ride:
1. Servicio de Prioridad de Dial-A-Ride ADA RTA ofrece un servicio prioritario a los individuos que están certificadas bajo ADA. Las personas que están certificados bajo ADA son elegibles para los viajes en toda el área de servicio de RTA siempre y cuando se encuentren dentro de los tres cuartos de milla del servicio local de rutas fijas de autobús y durante las horas de servicio. Los individuos que son certificados bajo ADA son elegibles para viajar con un asistente A partir 01 de julio 2013 de cuidado personal (PCA), sin costo y si lo permite su tarjeta de Esta es su guía al servicio de Dial-A-Ride de La Agencia de Transporte identificación de ADA. Un acompañante o un niño pueden viajar con Público de Riverside (RTA). Si usted tiene alguna pregunta acerca de Dial- usted si hay espacio disponible. El acompañante estará obligado a pagar A-Ride, por favor llame al número de teléfono apropiado en este guía. una tarifa. Nuestro objetivo es ofrecerle un servicio seguro, conveniente y confiable. 2. Servicio de Dial-A-Ride para Personas de la Tercera Edad/ Antes de solicitar el servicio de Dial-A-Ride, le recomendamos que Discapacitadas verifique que su domicilio este dentro del área de servicio de Dial-A-Ride. Personas de la tercera edad de 65 años o más, y las personas con Si usted tiene alguna pregunta acerca de los servicios de prioridad bajo discapacidades son elegibles para servicio local de La Ley de Estadounidenses con Discapacidades (ADA) de 1992, si su Dial-A-Ride en una sola ciudad y dentro de los tres cuartos de milla de domicilio se encuentra en el área de servicio de Dial-A-Ride o acerca de servicio de ruta fija local y durante las horas de servicio. Sólo se provee las pólizas de Dial-A-Ride, por favor llame al (800) 795-7887. transportación dentro de la ciudad en la que el viaje comienza.
Todos los autobuses de ruta fija de RTA son accesibles para personas con COMO PLANIFICAR UN VIAJE discapacidad. Todos los autobuses están equipados con rampas para sillas Los clientes de Dial-A-Ride pueden programar sus viajes con uno a tres de ruedas o ascensores para sillas de ruedas. Anuncios audibles de las días de anticipación. RTA recomienda que programen sus viajes con el paradas de autobuses más importantes se hacen en todos los autobuses. mayor anticipo posible para permitir a los representantes que fijen los El servicio de prioridad de servicio ADA está disponible para aquellos horarios de una manera más eficiente. individuos que no tienen la capacidad de utilizar el servicio de autobús de ruta fija. RTA también ofrece capacitación personalizada para personas Para solicitar un viaje, llame al (800) 795-7887 o personas con problemas que buscan más independencia y confianza en viajar a bordo de nuestros auditivos al (800) 396-3610. Reservaciones para servicio de Dial-A-Ride autobuses públicos. se aceptan de lunes a viernes de 7 a.m. a 6 p.m. y los fines de semana 8 a.m. a 5 p.m. CAPACITACION DE VIAJE PERSONALIZADO RTA se complace en ofrecer un entrenamiento gratis para la capacitación Al hacer una solicitud, por favor tenga la siguiente información a la mano: de viaje, para promover una mayor independencia y confianza para • La fecha y hora de su viaje viajar a cualquier lugar que conducen los autobuses de RTA en cualquier • Su hora de salida y su dirección momento que ellos operan. Como un viajero independiente, puede usted • La dirección de su destino depender menos en el costoso servicio de • A que horas desea llegar a su destino Dial-A-Ride y tiene la libertad para planificar sus viajes a bordo de • Su hora de regreso y dirección nuestros autobuses de rutas fijas de acuerdo con su propia programación. • Verifique si usted va a utilizar ayuda ya sea, una silla de ruedas, andador De paso en paso, El proceso destaca seguridad mientras que usted o animal de servicio. Si usted usa una silla de ruedas, no podrá ser mayor adquiere confianza en sus habilidades y de su habilidad de construir sus que 32 pulgadas de ancho y 52 pulgadas de largo y su peso combinado propios viajes. Favor de comunicarse con RTA al (951) 565-5002 para con su silla de ruedas no podrá exceder de 800 libras, de lo contrario no iniciar el proceso. Un entrenador designado de RTA establecerá una cita podremos confirmar a su viaje. para reunirse con usted para tratar sus objetivos y habilidades de viajes. • Confirme si usted va a viajar con un acompañante o un asistente de Comprobación de su Viaje cuidado personal autorizado. Acompañantes estarán obligados a pagar la Si su viaje parece estar llegando tarde, puede consultar llamando al (800) tarifa completa. 795-7887. Por favor no llame para comprobar su viaje hasta que el espacio de 30-minutos haya comenzado. Negociación de Horas de Viaje Debido al gran volumen de solicitudes, puede ser que en algunas Tiempo de Viaje ocasiones no sea posible confirmar el horario que solicite. De ser así, Tenga en cuenta que Dial-A-Ride es un servicio compartido y es posible ADA permite negociar de una hora antes o después del viaje del tiempo que usted viaje con otros clientes que pueden ser recogidos o dejados solicitado. Si cambia su tiempo de regreso, llame al (800) 795-7887 lo antes que usted. El tiempo de su viaje puede variar, y cabe la posibilidad antes posible y haremos todo lo posible para reprogramar su viaje. de que el servicio directo a su destino no este disponible. Algunos de los viajes pueden incluir una transferencia. Este Listo para su Viaje Al hacer una reservación, se le dará un espacio de 30-minutos (por Asientos de Seguridad Infantil ejemplo: 11 a.m. a 11:30 a.m.). Debido a que su viaje puede llegar en Todos los vehículos de Dial-A-Ride pueden ser equipados con asientos de cualquier momento dentro de ese espacio de 30 minutos, usted debe seguridad infantil para niños menores de seis años de edad o que pesen estar listo para salir al comienzo del espacio de tiempo. Esté preparado menos de 60 libras. Los clientes que viajen con un niño necesitado de un para mostrar su tarjeta de identificación DAR con fotografía al conductor. asiento de seguridad deben notificar a RTA al hacer su reservación. Una vez que su viaje este programado y que usted este abordo del vehículo, no podrá cambiar su destino. Los vehículos no están autorizados NÚMEROS DE TELÉFONO Y HORAS a entrar en las calzadas y se les prohíbe a los conductores dejar su vehículo Reservaciones de Dial-A-Ride y Horas desatendido en cualquier momento. Si no esta listo cuando llegea el Reservaciones...... (800) 795-7887 vehículo, el conductor va a esperar cinco minutos. Después de cinco Lunes-Viernes: 7 a.m. – 6 p.m. minutos, el conductor lo marcara como ausente. Se aplican sanciones por Sábado-Domingo: 8 a.m. – 5 p.m. exceso de ausencias. TTY (personas con problemas auditivos)...... (800) 369-3610 Animales de Servicio Cancelaciones...... (866) 543-4782 Animales de servicio o guía necesarios para los viajes de los clientes con Cancelación vía Electrónica...... [email protected] Discapacidades son permitidos en todos los vehículos de RTA. Se admiten Fuera de Horas...... (866) 543-4782 animales pequeños si están asegurados en un portador de animales que Información y Comentarios...... (951) 565-5002 pueda ser colocado de manera segura en las piernas del cliente. Información para Certificación de ADA...... (951) 565-5002
Equipaje de Mano Obtenga Información o Llene su Solicitud las Para garantizar la seguridad de nuestros clientes, le pedimos que limite el 24 horas del día en número de equipaje de mano a dos piezas. Una vez a bordo, usted tiene www.RiversideTransit.com que mantener sus paquetes seguros. Carretones o cochecitos deben estar doblados antes de abordar. Bebidas y alimentos abiertos que no sean Centro de Atención al Cliente de RTA agua están prohibidos. No se permite comer ni fumar. Centro de Atención al Cliente...... (951) 565-5002 Iinformación de Horarios/Personas con problemas auditivos...... (800) Cancelación de Su Viaje 800-7825 Si su viaje tiene que ser cancelado, se le insta a cancelar lo más pronto Lunes-Viernes: 6 a.m. – 8 p.m. posible, llamando al (951) 943-0319 o (866) 543-4782 o personas Sábado-Domingo: 8 a.m. – 8 p.m. con problemas auditivos (800) 369-3610 o vía electrónica a cancel@ Objetos Perdidos...... (951) 565-5000 RiversideTransit.com. Los viajes pueden ser cancelados hasta las 6 p.m. del día anterior de su viaje sin ninguna penalización. Si cancela un viaje Otros Servicios de Dial-A-Ride después de ese tiempo, usted podría incurrir puntos de penalización Banning Dial-A-Ride...... (951) 922-3252 que pueden resultar en la suspensión del servicio. Si un cliente de Beaumont Dial-A-Ride...... (951) 769-8532 Dial-A-Ride no se presenta a la primera parte de un viaje redondo, Corona Dial-A-Ride...... (951) 734-7220 RTA automáticamente cancelara el viaje de regreso. Los clientes son Riverside Special Transportation...... (951) 687-8080 responsables de llamar y cancelar si el viaje de regreso no será necesario. El no cancelar el viaje de regreso podría resultar en una ausencia. PÓLIZA DE AUSENCIAS Se permitirá a las personas viajar en el autobús durante el proceso de En un esfuerzo por mejorar la disponibilidad de espacios de tiempo apelación. Las resoluciones se considerará definitiva. de citas y hacer el servicio Dial-A-Ride más eficiente para todos los clientes, la RTA No-Show Política está diseñada para limitar el número de ÁREA DE SERVICIO DE DIAL-A-RIDE cancelaciones fuera de plazo y no se presenta. La política tiene en cuenta Los vehículos de Dial-A-Ride viajan a las zonas dentro de los tres cuartos la frecuencia general de un cliente de uso, y establece “un patrón o práctica de milla de las rutas locales de RTA. Estas áreas se denominan “Áreas de de abusos,” es decir en relación con la frecuencia con la que una persona Servicio de Dial-A-Ride” y los viajes deben comenzar y terminar en esa viaja. Los clientes que superen la tasa de no-show promedio de todo el área de servicio. sistema pueden ser penalizados. Cualquier cliente Dial-A-Ride que cancele su viaje después de las 6 pm de la noche antes de la recogida programada Si el viaje comienza o termina fuera del área de servicio, tendrá que se marcará una cancelación tardía. Cualquier Dial-a-Ride cliente que es un encontrar un lugar seguro dentro del área de servicio para comenzar/ no-show o cancela su viaje dentro de las dos horas siguientes a su recogida terminar su viaje. programada será marcado como un no-show. Los clientes en violación de la política pueden tener su servicio suspendido temporalmente. Tenga en cuenta que en caso de no presentarse, el viaje de vuelta no será cancelado Por favor llame a RTA al (800) 795-7887 para averiguar si su lugar de automáticamente y es responsabilidad del cliente para cancelar el viaje salida/destino están en el área de servicio de programado. Dial-A-Ride. Tenga en cuenta que el servicio de Dial-A-Ride en su ciudad puede ser proveído por otra agencia de • El personal de RTA medirá el promedio de todo el sistema si no se transporte. presenta, e identificar los clientes que excedan significativamente este promedio. Una revisión detallada de la historia del viaje de un cliente Las Ciudades de Banning, Beaumont, Corona y Riverside operan su propio y la frecuencia de no-show se llevará a cabo antes de considerar una servicio de Dial-A-Ride. suspensión de los servicios. TARIFAS • Al final de cada mes, serán revisados y comparados con el promedio de La tarifa base de Dial-A-Ride es de $3 por cliente, por abordaje. La tarifa todo el sistema fuera de plazo y tasas de no-show. Los clientes encuentran máxima es de $9 por viaje sencillo y se basará en el número de zonas al doble la tasa de todo el sistema pueden ser objeto de suspensión de en que viaje. Dependiendo de donde comienza y termina su viaje, una los servicios. Sólo se considerarán las cancelaciones dentro del control del transferencia puede ser requerida. La tarifa exacta es necesaria para todo cliente sera considerado. viaje y debe ser pagada al abordar en el primer autobús. Los conductores no pueden dar cambio. Cuando programe su viaje, el representante le • Los clientes de violación de la política recibirán una advertencia en la indicará la tarifa que tiene que pagar por su viaje. primera ofensa. Tras el incumplimiento podría resultar en la suspensión de los servicios de siete días naturales. Sólo los clients certificados bajo ADA pueden ser acompañados por asistentes de cuidado personal. Si es eligible, su asistente puede • Se le dará una notificación de 30 días para el cliente antes de la acompañarlo sin cargo y un acompañante adiciónal puede viajar por la suspensión, e incluye un proceso de apelación que permite al cliente tarifa de $3 por zona si hay espacio disponible. Si su hijo está actuando para disputar un acta de no conformidad. El período de 30 días también como su asistente y el o ella es de 47 pulgadas de altura o menos, el o ella permite al personal a considerar factores tales como los servicios que podrán viajar por 50 centavos por zona de tarifa. sostienen la vida que requieren de transporte, tales como los tratamientos de diálisis o citas de quimioterapia. Tarifa de Compañeros La Tarifa de Compañeros es una gran manera de ahorrar dinero en Dial-A- Derecho de Apelación Ride. Con este programa especial, de dos a 10 clientes cualificados pueden Las personas que reciben suspensiones tendrán el derecho de apelar. Para compartir la tarifa por cada zona de tarifa. El viaje de todo el grupo debe presentar una apelación, un cliente o su representante debe enviar una comenzar dentro de un radio de media milla de cada uno y todos deben explicación por escrito de por qué el cliente no debe ser suspendido junto viajar al mismo destino. con los hechos y las declaraciones de apoyo. La apelación debe ser recibida dentro de los 30 días de la notificación de la suspensión. Apelaciones deben ser enviadas a la Agencia de Tránsito de Riverside, 1825 Third Street, RIVERSIDETRANSIT.COM Riverside, CA 92517, Attention RTA Departamento de Operaciones del Contrato. DAR Fleet Information Fleet Vehicle Number Year Make Model Mileage DAR 11301 2013 Goshen GC-11 204034 DAR 11302 2013 Goshen GC-11 200304 DAR 11303 2013 Goshen GC-11 198587 DAR 11304 2013 Goshen GC-11 203027 DAR 11305 2013 Goshen GC-11 189283 DAR 11306 2013 Goshen GC-11 173782 DAR 11307 2013 Goshen GC-11 203288 DAR 11308 2013 Goshen GC-11 194301 DAR 11309 2013 Goshen GC-11 184342 DAR 11310 2013 Goshen GC-11 206906 DAR 11311 2013 Goshen GC-11 179865 DAR 11312 2013 Goshen GC-11 163172 DAR 11313 2013 Goshen GC-11 186669 DAR 11314 2013 Goshen GC-11 171578 DAR 11315 2013 Goshen GC-11 198936 DAR 11316 2013 Goshen GC-11 174423 DAR 11317 2013 Goshen GC-11 187065 DAR 11318 2013 Goshen GC-11 197779 DAR 11319 2013 Goshen GC-11 189080 DAR 11320 2013 Goshen GC-11 178710 DAR 11321 2013 Goshen GC-11 183090 DAR 11322 2013 Goshen GC-11 166762 DAR 11323 2013 Goshen GC-11 165929 DAR 11324 2013 Goshen GC-11 180287 DAR 11325 2013 Goshen GC-11 172154 DAR 11326 2013 Goshen GC-11 186045 DAR 11327 2013 Goshen GC-11 191591 DAR 11328 2013 Goshen GC-11 167200 DAR 11329 2013 Goshen GC-11 146336 DAR 11330 2013 Goshen GC-11 167301 DAR 11331 2013 Goshen GC-11 168600 DAR 11332 2013 Goshen GC-11 167516 DAR 11333 2013 Goshen GC-11 172139 DAR 11334 2013 Goshen GC-11 175967 DAR 11335 2013 Goshen GC-11 168536 DAR 11336 2013 Goshen GC-11 163982 DAR 11337 2013 Goshen GC-11 186777 DAR 11338 2013 Goshen GC-11 179879 DAR 11601 2016 Eldorado National Aerotech 220 34670 DAR 11602 2016 Eldorado National Aerotech 220 43184 DAR 11603 2016 Eldorado National Aerotech 220 42903 DAR 11604 2016 Eldorado National Aerotech 220 37611 DAR 11605 2016 Eldorado National Aerotech 220 38545 DAR 11606 2016 Eldorado National Aerotech 220 40813 DAR 11607 2016 Eldorado National Aerotech 220 39292 DAR 11608 2016 Eldorado National Aerotech 220 38429 DAR 11609 2016 Eldorado National Aerotech 220 21914 DAR 11610 2016 Eldorado National Aerotech 220 32632 DAR 11611 2016 Eldorado National Aerotech 220 34322 DAR 11612 2016 Eldorado National Aerotech 220 31484 DAR 11613 2016 Eldorado National Aerotech 220 39759 DAR 11614 2016 Eldorado National Aerotech 220 35545 DAR 11615 2016 Eldorado National Aerotech 220 35926 DAR 11616 2016 Eldorado National Aerotech 220 10008 DAR 11617 2016 Eldorado National Aerotech 220 34837 DAR 11618 2016 Eldorado National Aerotech 220 30520 DAR 11619 2016 Eldorado National Aerotech 220 29953 DAR 11620 2016 Eldorado National Aerotech 220 31520 DAR 11621 2016 Eldorado National Aerotech 220 29917 DAR 11622 2016 Eldorado National Aerotech 220 28947 DAR 11623 2016 Eldorado National Aerotech 220 26936 DAR 11624 2016 Eldorado National Aerotech 220 24032 DAR 11625 2016 Eldorado National Aerotech 220 30378 DAR 11626 2016 Eldorado National Aerotech 220 29953 DAR 11627 2016 Eldorado National Aerotech 220 23250 DAR 11628 2016 Eldorado National Aerotech 220 24058 DAR 11629 2016 Eldorado National Aerotech 220 29280 DAR 11630 2016 Eldorado National Aerotech 220 23876 DAR 11631 2016 Eldorado National Aerotech 220 26085 DAR 11632 2016 Eldorado National Aerotech 220 25320 DAR 11633 2016 Eldorado National Aerotech 220 26239 DAR 11634 2016 Eldorado National Aerotech 220 24682 DAR 11635 2016 Eldorado National Aerotech 220 23628 DAR 11636 2016 Eldorado National Aerotech 220 26285 DAR 11701 2017 Glaval Universal 0 DAR 11702 2017 Glaval Universal 0 DAR 11703 2017 Glaval Universal 0 DAR 11704 2017 Glaval Universal 0 DAR 11705 2017 Glaval Universal 0 DAR 11706 2017 Glaval Universal 0 DAR 11707 2017 Glaval Universal 0 DAR 11708 2017 Glaval Universal 0 DAR 11709 2017 Glaval Universal 0 DAR 11710 2017 Glaval Universal 0 DAR 11711 2017 Glaval Universal 0 DAR 11712 2017 Glaval Universal 0 DAR 11713 2017 Glaval Universal 0 DAR 11714 2017 Glaval Universal 0 DAR 11715 2017 Glaval Universal 0 DAR 11716 2017 Glaval Universal 0 DAR 11717 2017 Glaval Universal 0 DAR 11718 2017 Glaval Universal 0 DAR 11719 2017 Glaval Universal 0 DAR 11720 2017 Glaval Universal 0 DAR 11721 2017 Glaval Universal 0 DAR 11722 2017 Glaval Universal 0 DAR 11723 2017 Glaval Universal 0 DAR 11724 2017 Glaval Universal 0 DAR 11725 2017 Glaval Universal 0 DAR 11726 2017 Glaval Universal 0 DAR 11727 2017 Glaval Universal 0 DAR 11728 2017 Glaval Universal 0 DAR 11729 2017 Glaval Universal 0 DAR 11730 2017 Glaval Universal 0
DRUG AND ALCOHOL POLICY
The Riverside Transit Agency (Agency) acknowledges a strong commitment to the health and well-being of its employees. Any employee or eligible dependents that may be experiencing the pressures and problems of substance abuse and/or related problems are urged to seek help through the Employee Assistance Program (EAP). Professional Resources provides confidential counseling and may be called directly at (951) 781-0510 or (800) 266-0510. Questions concerning the Drug and Alcohol Policy should be directed to the Drug and Alcohol Program Manager (DAPM) or the Designated Employer Representative (DER). Their contact information is listed below:
DAPM – Laura Camacho, Chief Administrative Services Officer, Riverside Transit Agency, 1825 Third St., Riverside, CA 92507 at (951) 565-5000 x 5080.
DER – Valerie Warhop, Labor Relations Officer, Riverside Transit Agency, 1825 Third St., Riverside, CA 92507 at (951) 565-5000 x 5092.
Dates of Board Approval and Adoption of Policy and Policy Revisions April 27, 1995 October 25, 2001 June 22, 2006 May 27, 2010 October 28, 2010 February 26, 2015 February 25, 2016
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DRUG AND ALCOHOL POLICY
The Agency has a vital interest in providing its employees with safe and healthful working conditions and providing its riders and the public with high quality public transportation that is effective, safe and efficient. The Agency will not tolerate any drug or alcohol use which may affect the job performance or pose a hazard to the safety and welfare of the employee, the public, and other employees of the Agency. Illegal drug and alcohol use (whether on-duty or off-duty), which affects the employee's job performance, or jeopardizes Agency and public safety is, under RTA policy, proper cause for disciplinary action up to and including dismissal.
Employees have the right to work in an alcohol and drug-free environment and to work with persons free from the effects of alcohol and drugs. Employees who abuse alcohol and drugs are a danger to themselves and to other employees. In addition, drug and alcohol abuse inflicts a terrible toll on the nation's productive resources and the health and well-being of American workers and their families.
The Agency is, therefore, committed to establishing and maintaining a safe and healthy work environment free from the influence of alcohol and drugs. With this objective in mind, the Agency has established the following Drug and Alcohol Policy (Policy) with regard to the use, possession, sale, manufacture, and distribution of alcohol or drugs.
This Policy is adopted pursuant to the Federal Transit Administration (FTA) regulation, 49 Code of Federal Regulation (CFR) Part 655, that mandates, under certain circumstances, urine drug testing and breath alcohol testing and the U.S. Department of Transportation (DOT) standards for the collection and testing of urine and breath specimens, 49 CFR Part 40, as amended. In addition, the United States Congress enacted The Drug-Free Workplace Act of 1988 (DFWA), which required the establishment of drug-free workplace policies, and the reporting of certain drug related offenses to the appropriate federal agency (in this case, to the FTA). This policy incorporates those Federal requirements and State requirements.
I. RESPONSIBILITIES
Employees at all levels (administrative and bargaining unit) are responsible for reading, understanding and adhering to this Policy. Each employee shall receive and sign for a copy of this Policy.
Managers and Supervisors will be held strictly accountable for the consistent application and enforcement of the Policy. Any Manager/Supervisor who knowingly disregards the requirements of this Policy, or who is found to deliberately misuse the Policy in regard to subordinates, shall be subject to discipline up to and including termination, in accordance with RTA disciplinary policy.
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Contractors may be subject to the requirements of DOT regulations if they provide services for the RTA consistent with a specific understanding or arrangement, which can be evidenced by a written agreement or an informal arrangement that reflects an ongoing relationship between the parties. As a result, the RTA will ensure that any contractors who perform safety sensitive functions within the scope of this policy and the regulations certify their compliance with the requirements of 49 CFR Part 655.
II. DEFINITIONS USED IN THE POLICY
The following phrases have specific meanings when used in the Policy:
Accident: Per 49 CFR Part 655.4 an occurrence associated with the operation of a vehicle. An “occurrence associated with the operation of a vehicle” means that the accident or incident must be directly related to the manner in which the driver applies the brake, accelerates, or steers the vehicle. Operation of a vehicle does include operation of the lift. An accident could be the result of a collision with another vehicle or pedestrian, or it could be associated with an incident that occurs on the vehicle without any contact with another vehicle (e.g., a passenger on the bus falls due to the manner in which the vehicle was operated).
ATF: Alcohol Test Form.
BAT: Breath Alcohol Technician.
Covered Employee: An employee who is in a safety sensitive position including an applicant or transferee who is being considered for hire into a safety sensitive position or, under RTA policy, a non-safety sensitive position (See Attachment A for a list of positions). “Covered Employee” will be referred to as “Employee” throughout this policy.
CCF: Custody and Control Form.
DHHS: Department of Health and Human Services.
DOT: Department of Transportation.
Evidential Breath Testing (EBT) Device: Device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's Conforming Products List (CPL) of Evidential Breath Measurements Devices and identified on the CPL as conforming with the model specifications available from the NHTSA, Office of Alcohol and State Programs.
FTA: Federal Transit Administration.
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Illegal Drug: Marijuana, cocaine, opiates, amphetamines or phencyclidine; a prescription drug that is not used for its prescribed purpose; or a prescription drug that is illegally obtained.
Legal Drug: Any drug prescribed by a physician for the employee or any over- the-counter drug that is being used for the purpose for which it has been prescribed or manufactured.
Medical Review Officer (MRO): A licensed physician appointed by the Agency responsible for receiving laboratory results generated by the Agency's drug and alcohol testing program who has knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an employee's confirmed positive alcohol and/or drug test result and together with his or her medical history and any other relevant biomedical information and who shall verify the test result prior to transmission thereof to the Agency and determine whether the employee has failed the test. The MRO will also determine (when the Agency requests such a determination) whether an employee who is taking a legal drug(s) may work while under the influence of such drug(s).
Positive Alcohol Test: In accordance with DOT and FTA standards the presence of alcohol in a body at a concentration higher than that allowed by this policy as measured by an Evidential Breath Testing (EBT) Device.
Positive Drug Test: In accordance with DOT and FTA standards any urine that is chemically tested (screened and confirmed) which shows the presence at or above the cut off levels set forth in Attachment B of marijuana, cocaine, opiates, amphetamines or phencyclidine and is verified by the MRO.
Safety Sensitive Position: Per 49 CFR Part 655, any position which entails any of the following duties related to the safe operation of the Agency's mass transportation service including: (a) operation of a revenue service vehicle, whether or not such vehicle is in revenue service; (b) operation of a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver’s License; (c) controlling dispatch or movement of a revenue service vehicle or equipment used in revenue service; (d) maintaining revenue service vehicles or equipment used in revenue service; or (e) carrying a firearm for security purposes. The positions currently classified as Safety Sensitive Positions are listed in Attachment A, which is subject to revision as needed. A safety sensitive employee shall mean an employee in a safety sensitive position.
Non-Safety Sensitive Position: A Non-Safety Sensitive Position is subject to drug and alcohol testing under RTA policy. These bargaining unit positions include those that do not meet the definition of Safety Sensitive Position, however where duties include the regular use or operation of heavy equipment, to include but not limited to Agency vehicles. They also include all non-bargaining unit employees
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whose main duties consist of office work. The positions currently classified as Non-Safety Sensitive are listed in Attachment A, which is subject to revision as needed. A non-safety sensitive employee shall mean an employee in a non- safety sensitive position.
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, state-licensed marriage and family therapist, or drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC)), with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug related disorders.
Impaired: The employee is affected to an extent by alcohol or a drug or metabolites of such, or the combination of alcohol and a drug, or has alcohol or a drug or metabolites of such in the employee's body in any amount in accordance with the DOT and FTA standards.
III. EMPLOYEE ASSISTANCE PROGRAM
The Agency maintains an Employee Assistance Program (EAP), which offers confidential, professional counseling to employees and family members. It provides a constructive way by which employees can deal with alcohol and/or drug-related problems before such problems impact job performance, family relations, and other areas of one's life. Employees experiencing personal or work performance problems associated with alcohol or drug use are urged to utilize the EAP. The EAP contact information can be found in Attachment D of this policy.
It is the responsibility of employees to seek assistance from the EAP before alcohol and/or drug problems lead to conduct which violates this policy and disciplinary action, which can include discharge for a first offense. Enrollment and participation in the EAP will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. However, enrollment and participation in the EAP will not exempt an employee from discipline if that employee is found to have violated this Policy.
Provisions for leaves of absence for employees with alcohol and/or drug related problems that have not been found in violation of the Policy and who voluntarily have sought assistance through the EAP will be granted in accordance with Agency policy.
Any employee who tests positive for the presence of illegal drugs or alcohol at or above the cut off levels established by the DOT must be referred to a SAP to
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determine what assistance the employee needs in resolving problems associated with drug or alcohol misuse and will receive educational materials on the consequences of the use of drugs and/or the misuse of alcohol.
The cost of any treatment or rehabilitation services may be covered by the medical insurance policy provided by the Agency, which may require a co- payment by the employee, paid directly by the employee or his/her insurance provider.
IV. DRUG FREE AWARENESS PROGRAM
To assist employees and their families to understand and to avoid the perils of drug and alcohol abuse, the Agency has developed a comprehensive Drug-Free Awareness Program. The Agency will use that program in an ongoing educational and training effort to prevent and eliminate drug and alcohol abuse that may affect the workplace.
The Drug-Free Awareness Program will include the display and distribution of informational material and will inform employees and their families about: (1) the dangers of alcohol and drug abuse in the workplace; (2) the consequences of drug and/or alcohol use on personal health, safety, and the work environment; (3) the manifestation and behavioral cues that may indicate drug and/or alcohol use and abuse; (4) the Agency's Drug and Alcohol Policy; (5) the availability of treatment and counseling service hotline telephone number for employee assistance; and (6) the sanctions the Agency will impose for violations of its Drug and Alcohol Policy.
All employees, supervisors and management personnel will be required to attend the minimum one-hour training program. Additionally, the families of all employees may attend and are encouraged to do so. Supervisors and management personnel will also receive at least one (1) hour of additional training on the physical, behavioral and performance indicators of probable drug use in conjunction with the program.
In addition to the training provided under the Drug Free Awareness Program, safety-sensitive employees and supervisors of safety-sensitive employees who are responsible for making reasonable suspicion determinations will complete training under the FTA regulations. Safety-sensitive employees will complete one hour of training on drug use only. Supervisors of safety-sensitive employees will complete a two-hour reasonable suspicion referral training session that provides one hour of training on drugs and one hour on alcohol. This training will include the physical, behavioral and performance indicators of drug use and alcohol misuse.
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V. ON-THE-JOB USE, POSSESSION, SALE OR IMPAIRED BY ALCOHOL OR DRUGS
In compliance with FTA rules, the ingestion of prohibited drugs and alcohol is prohibited at all times.
A. Alcohol
Under RTA policy, the possession, use, consumption, sale, purchase, offer to sell, transfer, manufacture or distribution of any amount of alcoholic beverage by an employee while in an Agency facility, or in an Agency vehicle, or on Agency property, or while in an Agency uniform or while performing Agency business on duty, is strictly prohibited for all employees. No employee may report for duty or remain on duty when he or she is impaired by alcohol. Employees must refrain from alcohol consumption within four (4) hours of reporting to work or during the hours that he/she is subject to duty. They must also refrain from alcohol use for eight (8) hours following an accident for which they will be required to test, unless the employee has undergone the post-accident testing. Under FTA rules, RTA shall prohibit a covered employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function.
B. Illegal Drugs
Under RTA policy, the possession, use, consumption, sale, purchase, offer to sell, transfer, manufacture, or distribution of an illegal drug by any employee while in an Agency facility or in an Agency vehicle, or on Agency property or while in Agency uniform or while performing Agency business on duty, is strictly prohibited for all employees. The presence of any amount determined to be a positive test result per DOT/FTA regulations of any illegal drug or its metabolites in any employee while performing Agency business or in an Agency facility, or in an Agency vehicle, or on Agency property, or while in Agency uniform or while on duty, is strictly prohibited.
The five prohibited substances required to be tested by the DOT under 49 CFR Part 655 are:
1. Marijuana 2. Amphetamines 3. Opiates 4. Cocaine 5. Phencyclidine (PCP)
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See Attachment E fact sheet for these drugs developed by the Federal Motor Carrier Safety Administration (FMCSA) which provides signs and symptoms information related to drug and alcohol use.
It is prohibited for an employee to bring drug paraphernalia that is used in the storage, concealment, injection, ingestion or consumption of illegal drugs onto Agency premises or property or into Agency vehicles.
C. RTA Prescription Drug Policy and Procedures
1. Policy
No employee may work while taking prescription drugs that impair the employee’s ability to perform their job duties in a safe manner.
2. Procedures
a. Covered Employees
Each employee must notify Human Resources of any prescription drug that contains a label, or otherwise indicates that the medication may impair the employee’s ability to perform their regular duties in a safe manner, or has been notified by a medical practitioner that the medication may impair the employee’s ability to perform their regular duties. b. Safety Sensitive Employees
In the event a safety sensitive employee may be impaired by a prescription drug, the employee and their prescribing physician must complete and sign the RTA’s Prescription Drug Notification Form and must submit the form to Human Resources prior to the employee working in a safety sensitive position. Written notification from the prescribing physician on the physician’s letterhead and signed by the physician that provides the information required in the Prescription Drug Notification Form may be acceptable in lieu of the Prescription Notification Form. Failure to comply with this provision will result in loss of wages and/or charge of counted absence(s) as the employee will be placed off work until required documentation is received. In addition, the employee will be subject to discipline outlined in Section X.
The employee’s doctor, after consultation with the DAPM, may authorize the employee to work while taking a legal drug upon receipt of a fully completed and signed
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authorization form which states to the Agency's satisfaction that the employee will not be impaired in the performance of his/her duties.
3. Non-Prescription Medication
Employees are to use good judgment in the use of over-the-counter (non-prescription) drugs with respect to their work assignment. Employees should review potential physical effects of the over-the- counter drugs prior to reporting for duty. Employees are encouraged to consult with their physician to ensure they can perform their safety sensitive job duties while taking the drug(s). Employees taking non-prescription drugs which impairs the employee’s ability to do his or her job safely will be subject to discipline outlined in Section X.
VI. ALCOHOL AND DRUG TESTING
The Agency will conduct alcohol and drug testing under the circumstances set forth in this Section VI when circumstances warrant or when required by applicable law or regulations or as required by RTA. Any test conducted under RTA policy will be conducted under the authority of RTA and not of the FTA. A positive result of a drug or alcohol test or a refusal to submit to a drug or alcohol test administered under the Policy is a violation of this Policy and will result in a disciplinary action, up to and including termination. Any disciplinary action resulting from tests conducted under any authority are solely part of RTA’s policy and not that of the FTA. Drug testing conducted under RTA’s authority will be documented on non-federal Custody and Control Forms.
A. Testing Procedures
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result. Under no circumstance will a supervisor of the employee conduct testing. The Agency will take every possible step to ensure that testing can be completed and the employee can return to work prior to the end of the employee's shift, in order to accommodate the employee (off-duty schedules, including carpooling and other transportation concerns.)
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The reasonable suspicion or random alcohol test may only be conducted just before, during or just after an employee performs a safety-sensitive function. The drug test can be conducted anytime while the safety- sensitive employee is on duty. Under RTA policy, the alcohol and drug test can be conducted anytime while non-safety sensitive employee is on duty.
1. Alcohol Testing
a. Screening and Confirmation Testing
Tests for alcohol concentration will be conducted at the Agency's expense utilizing an NHTSA-approved EBT device operated by a qualified BAT. If the initial test (the "screening test") indicates an alcohol concentration of 0.02 or greater, a second test will be performed (the "confirmation test"), no earlier than fifteen (15) minutes and no later than thirty (30) minutes after the screening test, to confirm the results of the screening test. In the event that the screening test and confirmation test results are not identical, the confirmation test result shall be deemed to be the final result upon which any action pursuant to this Policy shall be based. A confirmed alcohol concentration of 0.04 or greater will be considered a positive test and a violation of this Policy. If test is positive or if the confirmed alcohol concentration is 0.02 or greater but less than 0.04, employee will be removed from duty immediately, placed on paid relief status and, under RTA policy, will be subject to discipline specified in Section X.
b. Inability to Provide Sample
If an employee is unable, after two attempts, to provide an amount of breath sufficient to permit a valid breath test, the Agency shall direct the employee to obtain, at the Agency's expense, an evaluation from a licensed physician satisfactory to the Agency and the Union concerning the employee's medical ability to provide an adequate amount of breath. If the physician determines that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate amount of breath, the employee's failure to do so shall not be deemed a refusal to test. If the physician is not able to make such a determination, then the employee's failure to provide an adequate amount of breath shall be regarded as a failure of the test. In this case, the employee will be removed from duty immediately, and under RTA policy, placed on paid relief status and will be subject to discipline specified in Section X.
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c. Refusals
The following behaviors constitute a refusal to submit to a test: Any employee who:
i. fails to appear for any test (except a pre-employment test) within a reasonable time, ii. fails to remain at the testing site until the testing process is complete, iii. fails to provide an adequate amount of saliva or breath for any alcohol test, iv. fails to provide sufficient breath specimen and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure, v. fails to undergo a medical examination or evaluation as directed by the employer as part of the insufficient breath procedures outlined at §40.265(c), vi. fails to sign the certification statement at Step 2 of the Alcohol Test Form (ATF), or vii. fails to cooperate with any part of the testing process.
Employees who refuse to submit to a test as outlined herein, are in violation of this policy and will be removed from duty immediately, and under RTA policy, placed on paid relief status and will be subject to discipline specified in Section X.
2. Drug Testing Procedures
a. Screening and Confirmation Testing
Drug testing is a two-stage process utilizing a urine specimen. First a screening test is performed. If it is positive for one or more drugs, a confirmation test is performed for each identified drug.
Pursuant to the DOT and FTA regulations the drugs or classes of drugs to be tested are listed in Attachment B. Attachment - B lists initial and confirmatory cutoff levels for these drugs.
The trained health care worker will collect a split urine sample at a designated collection site approved by the Agency. A strict chain of custody will be followed from the point of collection to the Department of Health and Human Services (DHHS) certified testing laboratory approved by the Agency. The primary sample is screen tested by the laboratory using an immunoassay technique. If the sample is positive for one or more drugs covered by this Policy, a
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confirmatory test is performed for each identified drug using gas chromatography/mass spectrometry.
The laboratory will release test results only to the Medical Review Officer (MRO). The Agency-approved MRO will review all test results, at the Agency’s expense. If test results are positive, the MRO contacts the employee to determine if there is an alternate medical explanation for the drugs found. If the employee provides appropriate documentation, or if the MRO determines based upon all available information that there is a legitimate medical use, or other valid explanation, the test result is reported as negative. All test results, whether positive or negative, are reported only to the DER, or in the DER’s absence, to a specified designee.
The employee may request the MRO to have the split specimen sent to another DHHS-certified laboratory for analysis at the employee's expense through payroll deduction. This request must be made directly to the MRO no later than seventy-two (72) hours after the MRO has notified the employee of a positive test result, which has been confirmed by the MRO. The split specimen will be tested according to the same screening and confirmatory procedures for those drug(s) or drug metabolite(s) found in the primary specimen.
If test is positive the employee will be removed from duty immediately, and under RTA policy, placed on paid relief status and will be subject to discipline specified in Section X.
The privacy of the employee shall be protected at all times. RTA will adhere to all standards of confidentiality regarding employee testing.
The specimen collection site follows 49 CFR Part 40 guidelines, as amended, by providing a secure and private area for specimen collection for which access to water has been cut off and bluing agent has been added to the water in the toilet. In addition, the collection site also has a secure location for specimens and specimen collection materials. The supplies used to collect specimens conform to 49 CFR Part 40 guidelines, as amended. b. Dilute Specimen
If the MRO informs the Agency that a negative drug test was dilute, the employee will be required to submit to another test immediately. Such recollection must not be collected under direct observation,
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unless there is another basis for use of direct observation. The second test shall become the test of record.
c. Inability to Provide Sample
The employee shall provide a minimum of 45 milliliters of urine for the split specimen collection. If the employee is unable to provide such a quantity of urine, the employee shall drink not more than 40 ounces of fluids and, after a period of up to three hours, again attempt to provide a complete sample. If the employee is unable to provide an adequate specimen, the specimen shall be discarded and testing discontinued. The MRO shall refer the employee, at the Agency's expense, for a medical evaluation from a licensed physician satisfactory to the Agency concerning whether the inability to provide a specimen is genuine. If the physician determines that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate urine sample, the employee's failure to do so shall not be deemed a refusal to test. If the physician is not able to make such a determination, then the employee's failure to provide an adequate urine sample shall be regarded as a refusal to test. In this case, employee will be removed from duty immediately, and under RTA policy, placed on paid relief status and will be subject to discipline specified in Section X.
d. Directly Observed Collections
Directly observed collections will be conducted when any of the following occur:
i. The employee attempts to tamper with his or her specimen at the collection site. For example: • The specimen temperature is outside the acceptable range, • The specimen shows signs of tampering, such as unusual color, odor, characteristic, or • The collector finds an item on the employee’s person which appears to be brought into the site to contaminate a specimen; or the collector notes conduct suggesting tampering. • Return to Duty and all Follow-up tests required by a SAP as part of the DOT-defined SAP process in section 40 subpart O.
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ii. The MRO orders the direct observation because: • The employee has no legitimate medical reason for certain atypical laboratory results; or • The employee’s positive or refusal (adulterated/substituted) test result had to be cancelled because the split specimen test could not be performed (for example, the split was not collected).
The observer MUST be the same gender as the employee. e. Refusals
The following behaviors constitute a refusal to submit to a test: Any employee who: i. fails to appear for any test (except a pre-employment test) within a reasonable time, ii. fails to remain at the testing site until the testing process is complete, iii. attempts to falsify test results through tampering, contamination, adulteration, or substitution, iv. fails to provide a urine specimen for any drug test required by this part or DOT agency regulations, v. fails to permit the observation or monitoring of the employee’s provision of a specimen, in the case of a directly observed or monitored collection in a drug test, vi. for an observed collection, fails to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if any type of prosthetic or other device that could be used to interfere with the collection process. vii. possesses or wears a prosthetic or other device that could be used to interfere with the collection process, viii. adulterated or substituted specimen, ix. admitted to or confirmed by the collector and/or MRO to having adulterated or substituted the specimen, x. fails to provide specimen, xi. fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure, xii. fails or declines to take a second test the employer or collector has directed the employee to take, xiii. fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d), or
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xiv. fails to cooperate with any part of the testing process
Following a contingent offer of employment, applicants who fail to appear for a pre-employment test or who fail to remain at the collection site prior to commencement of a pre-employment test are not considered to have refused a test.
Employees who refuse to submit to a test as outlined herein, are in violation of this policy and will be removed from duty immediately, and under RTA policy, placed on paid relief status and will be subject to discipline specified in Section X.
B. Grounds for Drug and Alcohol Testing
1. Pre-Employment and Transfer to a Safety Sensitive Position Testing
The Agency will conduct pre-employment physical examinations and testing practices designed to prevent hiring persons who use illegal drugs and/or persons whose use of legal drugs indicates a potential for impaired or unsafe job performance. Pre-Employment physicals and drug testing will be conducted following a contingent offer of employment. An individual who has applied for a safety sensitive position will not be hired unless the individual passes a drug test administered in accordance with this Policy. The test will be conducted within two (2) weeks of the employee’s date of hire. Per RTA policy, if an applicant does not pass a drug test, he or she must wait twelve (12) months before reapplying and then must present evidence of completion of a drug rehabilitation program that is acceptable to the Agency before he/she is eligible to apply.
An employee who will be transferred to a Safety Sensitive Position must first pass a drug test administered in accordance with this Policy. If the test results are positive for an illegal drug, then the actions specified in Section X. B. will apply.
When an employee has not performed a safety-sensitive function for 90 consecutive calendar days or more regardless of the reason, and the employee has not been in the employer’s random selection pool during that time, the employer shall ensure that the employee takes a pre-employment drug test with a verified negative result before returning to safety-sensitive duties. If the test results are positive for an illegal drug, then the actions specified in Section X. B. will apply.
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Anytime a test is canceled, in any of the above circumstances, the applicant or employee must retake and pass drug test before being hired or performing safety sensitive functions.
2. Reasonable Suspicion Testing
The Agency will require a drug and/or alcohol test of any safety sensitive, and under RTA policy, any non-safety sensitive employee who is reasonably suspected of using or being impaired by an illegal drug, or alcohol while on duty, in Agency vehicles, or on Agency property, or in Agency uniform. Reasonable suspicion shall be based upon the specific, contemporaneous and articulable observations concerning the appearance, behavior, speech, or body odors of the employee by a supervisor trained in detecting signs and symptoms of drug use and alcohol misuse.
The alcohol test may only be conducted just before, during or just after an employee performs a safety-sensitive function. The drug test can be conducted anytime while the safety-sensitive employee is on duty. Under RTA policy, the alcohol and drug test can be conducted anytime while non-safety sensitive employee is on duty.
3. Post-Accident Testing
An accident associated with the operation of an agency vehicle will result in an alcohol and drug test as set forth in this section:
a. In the event of a fatality;
b. Any time an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or
c. One or more road vehicles incur disabling damage as a result of the occurrence and is transported away from the scene by a tow truck or other vehicle.
Following a fatal accident under part (a) above, drug and alcohol testing will be required of any safety-sensitive employees operating the vehicle at the time of the accident. The Agency will also test any other safety-sensitive employees, and under whose performance could have contributed to the accident, as determined by the Agency, using the best information available at the time the decision to test is made. In addition, under RTA Policy, following a fatal accident under part (a) above, drug and alcohol testing will be
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required of any non-safety sensitive employees operating a vehicle at the time of the accident.
Following a non-fatal accident under parts (b) and (c) above, drug and alcohol testing will be required of any safety-sensitive, employees on duty, operating the vehicle at the time of the accident whose performance could have contributed to the accident, as determined by the Agency, using the best information available at the time the decision to test is made. The Agency will also test any other safety-sensitive employees, whose performance could have contributed to the accident, as determined by the Agency, using the best information available at the time the decision to test is made.
In addition, under RTA policy, following a non-fatal accident under parts (b) and (c) above, drug and alcohol testing will be required of any safety-sensitive, employees on duty, operating the vehicle at the time of the accident whose performance could have contributed to the accident, as determined by the Agency, using the best information available at the time the decision to test is made.
A decision as to whether to administer a drug and alcohol test is unnecessary after a fatal accident under part (a) above as it is understood that testing is a requirement and therefore automatic. A decision as to whether to administer a drug and alcohol test after a non-fatal accident will be made by a supervisor who was not involved in the accident and based on the best information available at the time. If the supervisor determines that testing is appropriate, because the employee’s actions may have been a contributing factor to the accident, the employee(s) shall be tested immediately, but not to exceed eight (8) hours for alcohol testing and thirty-two (32) hours for drug testing. If testing is not completed within these time frames, then the Agency shall cease its attempts to test and will prepare a record stating the reasons the test was not performed. If the alcohol test is not administered within two hours following the accident, the supervisor shall prepare a record stating the reasons the alcohol test was not promptly administered. Covered employees are prohibited from using alcohol for eight (8) hours following an accident or until the post-accident testing is complete whichever occurs first.
Any employee(s) subject to post-accident testing who fails to remain readily available for such testing, including notifying the Agency of his or her location if he or she leaves the scene of the accident prior to the submission to such test, will be considered to have refused the test and will be subject to discipline in accordance with Section X of this Policy. Nothing in this section shall be
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construed to require the delay of necessary medical attention for the injured following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Employee will be placed on paid leave until results are received by the Agency.
4. Return-to-Duty and Follow-up Testing
Under RTA’s policy, return-to-duty and follow-up testing would apply under circumstances where an employee has voluntarily entered into a substance abuse treatment program as specified in Section VII.
Under RTA’s policy, an employee who is placed on a leave of absence following his/her entry into the Employee Assistance Program for substance abuse problems must pass a drug and alcohol test and must execute the Rehab Agreement (Attachment C) before he/she may return to duty. This contract allows Management the option to administer up to six (6) unannounced drug and/or alcohol tests per year for up to five (5) years after the employee returns to duty. This follow-up testing is separate from and in addition to the regular random testing of Safety Sensitive employees.
5. Random Testing
Only those employees who perform or whose job description includes the performance of safety-sensitive functions, as defined by 49 CFR Part 655, will be subject to random, unannounced and immediate testing using a computer-based random-number selection method in accordance with FTA regulations. Random testing may include an alcohol test, a drug screen or both so long as at least 10% of all safety-sensitive employees are tested for alcohol and at least 25% of all safety-sensitive employees are tested for drugs each year (or as otherwise required in order to meet the minimum annual percentage rates set by the FTA). Each such employee shall have an equal chance at selection and shall remain in the pool even after being tested. Random testing will be administered at random times during all days and hours throughout the year to avoid predictability.
Random testing for alcohol may only be conducted while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased to perform such functions.
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VII. CONVICTION OF A DRUG-RELATED OFFENSE
Under RTA policy, conviction of a felony for use, offer to sell, purchase or obtain possession, sale, manufacture, distribution or dispensation of illegal drugs, or for abuse of legal drugs, is grounds for immediate termination. Employees arrested on such charges will be suspended without pay pending resolution of the criminal charges.
Under RTA policy, employees must notify their immediate supervisor within five days of any arrest or conviction of a criminal drug statute and any arrest or conviction of a criminal statute relating to alcohol, including but not limited to driving while impaired. Failure to do so is grounds for immediate termination.
VIII. VOLUNTARY TREATMENT REQUIREMENTS
All employees are encouraged to make use of the available resources for treatment for alcohol misuse and illegal drug use problems. Under RTA’s policy, any employee who voluntarily discloses a substance abuse problem before a disciplinary matter develops and/or before notification for a required test, will be subject to return-to-duty and follow-up testing under RTA’s policy (using non-federal Custody and Control Forms) as specified in Section VI, B, 4. The purpose of the return-to-duty testing is to provide a degree of assurance that the employee is drug and alcohol free, i.e., the employee is able to return to work without undue concern of continued drug abuse or alcohol misuse.
Under RTA’s policy, the employee MUST be referred to EAP and evaluated by a qualified drug and/or alcohol professional and pass a return-to-duty test. A return-to-duty test will include both drug and alcohol testing as well as meet other return-to-duty requirements. The employee must have a verified negative drug test result and a breath alcohol test result of less than 0.02 before returning to his/her job. Once returned and as a condition of ongoing employment, the employee must follow the recommended frequency and duration of follow-up testing from the qualified professional. Any employee who refuses or fails to comply with requirements for treatment, after care, or return-to-duty/follow-up testing shall be subject to disciplinary action up to and including termination.
Under RTA’s policy any recommended follow-up testing will be apart and in addition to participation in the random testing program.
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Under RTA’s policy, employees must successfully complete any education and treatment program recommended by the qualified professional, and will be subject to follow-up testing if/when they return to duty.
Under RTA’s policy, the cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick, vacation and floating holiday pay during leave to participate in the prescribed rehabilitation program.
IX. INSPECTIONS
Under RTA policy, the Department Director/Manager or higher-level management personnel must authorize an inspection. Whenever possible, the searches should also be approved by the Chief Administrative Services Officer. Management personnel will conduct all Agency-owned property inspections with the employee and union representative present. All personal property will be inspected with law enforcement personnel present.
X. DISCIPLINARY ACTION FOR VIOLATIONS OF POLICY
Under FTA regulations, the employer shall determine discipline for Policy violations. Under RTA’s policy, violation of any portion of this Policy may result in termination of employment, even for the first offense.
A. Refusal or Failure to Pass Pre-Employment Drug Test
An applicant whose pre-employment test results are positive or who refuses to submit to drug testing will not be hired.
An employee who has been off work 90 consecutive days or more and whose pre-employment test results are positive for an illegal drug or who refuses to submit to testing will be subject to disciplinary action up to and including termination.
B. Refusal or Failure to Pass Transfer, Reasonable Suspicion, Post- Accident, Return-to-Duty, Follow-Up or Random Alcohol and/or Drug Test
1. Alcohol - FTA regulations state a Breath Alcohol Content (BAC) of 0.04 constitutes a positive alcohol test.
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a. A safety sensitive employee or non- safety sensitive employee whose test results are positive for alcohol will be removed from duty immediately and under RTA policy will be subject to disciplinary action up to and including termination. Employee shall also be referred to a SAP for evaluation. The SAP shall make a determination as to whether the employee requires rehabilitation.
b. A safety sensitive employee whose final test result as determined in accordance with DOT/FTA regulations and shows a BAC of .02 or greater but less than .04 shall be removed from duty immediately and shall not return to a safety-sensitive position for eight (8) hours or until a test result below .02 is obtained, whichever comes first. Under RTA policy, the same applies to non-safety sensitive employees. Under RTA policy, an employee who’s BAC remains between .02 or greater but less than 0.04 is placed on non-paid relief status. If BAT is .02 or greater at any time, employee will be subject to disciplinary action up to and including termination.
c. Any employee whose test results are positive for alcohol (BAC of .04 or greater) or whose BAC is .02 or greater but less than .04 under RTA policy will be removed from duty immediately and will be subject to disciplinary action up to and including termination.
d. Under RTA policy any employee who refuses to submit to test, as outlined in Section VI, will be subject to disciplinary action up to and including termination.
2. Drugs
a. A safety sensitive employee who receives a verified positive drug test result as determined in accordance with DOT/FTA regulations will be removed from safety sensitive duty immediately and under RTA policy will be subject to disciplinary action up to and including termination. Employee must be referred to a SAP for evaluation. The SAP shall make a determination as to whether the employee requires rehabilitation. Under RTA
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policy, the same applies to non-safety sensitive employees.
b. Any employee, including safety sensitive employee whose test results are positive for a legal drug, which has not been approved by the employee’s physician for use by that employee at work (or such authorization has been revoked), may be suspended without pay pending the employee obtaining such approval. If such approval is not obtained, under RTA policy the employee will be subject to disciplinary action up to and including termination.
c. Any employee whose test results are positive for any illegal drug will under RTA policy be subject to disciplinary action up to and including termination.
d. Under RTA policy an employee who refuses to submit to test as outlined in Section V will be subject to disciplinary action up to and including termination.
C. Failure to Comply with the Prescription and Non-Prescription Drug Reporting Requirements.
An employee who fails to comply with the provisions outlined in Section V, C, will be subject to discipline up to and including termination.
XI. CONDITIONS OF EMPLOYMENT
Compliance with the Agency's Drug and Alcohol Policy is a condition of employment. Failure or refusal of an employee to cooperate fully, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment will be considered just cause for termination.
XII. CONFIDENTIALITY
The employer shall make every effort to assure confidentiality throughout the testing process and to protect the individual dignity and right to privacy of all employees. Personal data regarding the drug and alcohol testing results and EAP evaluations will be forwarded only to the MRO or the SAP
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and are confidential. Test results are received by the DER and are kept separately from other files in a locked cabinet. Except as required by law, or expressly authorized or required by the regulations, the employer shall not release any information from the records it is required to maintain under the regulations. The employee, and the union if so authorized by the employee, upon written request, is entitled to obtain copies of any records pertaining to the employee's drug and alcohol testing.
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ATTACHMENT A
*SAFETY SENSITIVE POSITIONS (Satisfies 49 CFR Part 655 definition of safety sensitive positions)
Subject to the following DOT Testing Bargaining Unit Employees Pre- Random Post- Reasonable Return- Follow-up Employment Accident Suspicion to-Duty A Mechanic X X X X X X "B" Mechanic X X X X X X "C" Mechanic X X X X X X Body Mechanic “A” X X X X X X Body Mechanic “B” X X X X X X Coach Operator X X X X X X Electronic Technician X X X X X X Servicer X X X X X X Tire Servicer X X X X X X Non-Bargaining Unit Employees Facilities Manager X X X X X X
Operations Supervisor X X X X X X
Maintenance Supervisor X X X X X X
Training Instructor X X X X X X
Training Manager X X X X X X
*NON-SAFETY SENSITIVE POSITIONS (Non-Safety sensitive positions under RTA policy) Subject to the following Non-DOT Testing Bargaining Unit Employee Pre- Random Post- Reasonable Return- Follow-up Employment Accident Suspicion to-Duty Groundskeeper X X X X
Parts Clerk X X X X
X X X X Property Maintainer
Stops/Zones X X X X Groundskeeper
Non-Bargaining Unit Employee All administrative X X X X employees not listed above
*Positions are subject to revision as needed.
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ATTACHMENT B
RIVERSIDE TRANSIT AGENCY
PROHIBITED DRUGS LIST & CUT OFF LEVEL INFORMATION
Drug Initial cut off levels
Marijuana Metabolites 50ng/ml
Cocaine Metabolites Benzoylecgonine 150ng/ml
Opiate Metabolites Morphine 2,000ng/ml Codeine 2,000ng/ml 6-Acetylmorphines (6-AM) – Heroin 10ng/ml
Phencyclidine 25ng/ml
Amphetamines Amphetamine 500ng/ml Methamphetamine 500ng/ml Methylenedioxymethamphetamine (MDMA) – Ecstasy 500ng/ml
Drug Confirmatory cut off levels
Marijuana Metabolites Delta-9-tetrahydrocannabinol-9-caroxylic acid (THC) 15ng/ml
Cocaine Metabolite Benzoylecgonine 100ng/ml
Opiates Morphine 2,000ng/ml Codeine 2,000ng/ml 6-Acetylmorphines (6-AM) - Heroin 10ng/ml
Phencyclidine 25ng/ml
Amphetamines Amphetamine 250ng/ml Methamphetamine 250ng/ml Methylenedioxyamphetamine (MDA) 250ng/ml Methylenedioxyethylamphetamine (MDEA) 250ng/ml Methylenedioxymethamphetamine (MDMA) – Ecstasy 250ng/ml
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ATTACHMENT C
RIVERSIDE TRANSIT AGENCY
REHAB AGREEMENT
I understand that I will be allowed to continue my employment with the Riverside Transit Agency. I will participate and submit continuing documentation on a monthly basis of my participation in an Agency-approved substance abuse treatment program. Additionally, upon successful completion of said program, I will provide the necessary documentation of such.
I agree not to use prohibited drugs, including but not limited to drugs listed in Attachment B.
I agree not to use alcohol at prescribed times.
I understand that in order to return to my employment I must submit to additional alcohol/drug test(s).
I also understand that during the sixty (60) months following my return to work, I may be tested without prior notice and if there is any violation of this Policy, my employment with Riverside Transit Agency will be terminated. I also understand that refusal to submit to such a test will result in the termination of my employment.
I understand and agree to all the above conditions. I also understand and agree that failure to meet all terms and conditions of this commitment will result in the termination of my employment, with no hearing before discharge and no right of appeal through the grievance procedure unless a chain of custody issue is raised.
Date: ______Employee (signature)
Date: ______Union Business Agent (signature)
Date: ______Chief Admin. Services Officer (signature)
Date: ______Chief Executive Officer (signature)
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ATTACHMENT D
COLLECTION SITES, LABORATORY & SUBSTANCE ABUSE PROFESSIONAL
*COLLECTION SITES:
Kaiser Permanente: 10800 Magnolia Ave., Medical Office Building 1, 4th Floor, Room 408 Riverside, CA 92505 (951) 353-4213
US Healthworks: 1760 Chicago Ave., Ste. J3 Riverside, CA 92507 (951) 781-2200
16420 Perris Blvd. Moreno Valley, CA 92355 (951) 571-2450
599 Inland Center Drive San Bernardino, CA 92408 (909) 889-2665
*MEDICAL REVIEW OFFICER (MRO):
D.R.S Medical Review Services 546 Franklin Ave. Massapequa, NY 11758 Phone: (800) 526-9341
*LABORATORY:
Pacific Toxicology Laboratories (Pactox) 9348 De Soto Ave. Chatsworth, CA 91311 (800) 328-6942
Medox 402 W. County Rd. D St Paul, MN 55112 (800) 832-3244
*EMPLOYEE ASSISTANCE PROGRAM (EAP) & SUBSTANCE ABUSE PROFESSIONAL (SAP):
Professional Resources Sam Vickery, SAP 5015 Canyon Crest, Suite 112 Riverside, CA 92507 (800) 266-0510 *Vendors are subject to change without notice. 27
ATTACHMENT E
Alcohol Fact Sheet
Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions.
Signs and Symptoms of Use
• Dulled mental processes • Lack of coordination • Odor of alcohol on breath • Possible constricted pupils • Sleepy or stuporous condition • Slowed reaction rate • Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant substance.)
Health Effects
The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards:
• Decreased sexual functioning • Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed “alcoholic”) • Fatal liver diseases • Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma • Kidney disease • Pancreatitis • Spontaneous abortion and neonatal mortality • Ulcers • Birth defects (up to 54 percent of all birth defects are alcohol related)
Social Issues
• Two-thirds of all homicides are committed by people who drink prior to the crime.
• Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends.
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• Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetimes.
• The rate of separation and divorce in families with alcohol dependency problems is 7 times the average.
• Forty percent of family court cases are alcohol problem related.
• Alcoholics are 15 times more likely to commit suicide than are other segments of the population.
• More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related.
The Annual Toll
• 24,000 people will die on the nation’s highways due to the legally impaired driver. • 12,000 more will die on the nation’s highways due to the alcohol-affected driver. • 15,800 will die in non-highway accidents. • 30,000 will die due to alcohol-caused liver disease. • 10,000 will die due to alcohol-induced brain disease or suicide. • Up to another 125,000 will die due to alcohol-related conditions or accidents.
Workplace Issues
• It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body.
• Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body.
• A person who is legally intoxicated is 6 times more likely to have an accident than a sober person.
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Amphetamine Fact Sheet
Amphetamines are central nervous system stimulants that speed up the mind and body. The physical sense of energy at lower doses and the mental exhilaration at higher doses are the reasons for their abuse. Although widely prescribed at one time for weight reduction and mood elevation, the legal use of amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely manufactured in crude laboratories.
Description
• Amphetamine is sold in counterfeit capsules or as white, flat, double-scored “minibennies.” It is usually taken by mouth.
• Methamphetamine is often sold as a creamy white and granular powder or in lumps, and is packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be taken orally, injected, or snorted into the nose.
• Trade/street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin, Speed, Meth, Crank, Crystal, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
• Hyperexcitability, restlessness • Dilated pupils • Increased heart rate and blood pressure • Heart palpitations and irregular beats • Profuse sweating • Rapid respiration • Confusion • Panic • Talkativeness • Inability to concentrate • Heightened aggressive behavior
Health Effects
• Regular use produces strong psychological dependence and increasing tolerance to the drug.
• High doses may cause toxic psychosis resembling schizophrenia. • Intoxication may induce a heart attack or stroke due to spiking of blood pressure. • Chronic use may cause heart and brain damage due to severe constriction of capillary blood vessels
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• The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre and violent acts. • Withdrawal from the drug may result in severe physical and mental depression. Workplace Issues • Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness because of unusual overtime demands or failure to get rest.
• Low-dose amphetamine use will cause a short-term improvement in mental and physical functioning. With greater use or increasing fatigue, the effect reverses and has an impairing effect. Hangover effect is characterized by physical fatigue and depression, which may make operation of equipment or vehicles dangerous.
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Cocaine Fact Sheet
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation.
Description
The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of northern South America.
• Cocaine Hydrochloride – “snorting coke” is a white to creamy granular or lumpy powder that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per “line” (about 60 to 90 milligrams). Common paraphernalia include a single-edged razor blade and a small mirror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded paper packet containing the cocaine.
• Cocaine Base – a small crystalline rock about the size of a small pebble. It boils at a low temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and the vapor is inhaled. The effect is felt within 7 seconds. Common paraphernalia includes a “crack pipe” (a small glass smoking device for vaporizing the crack crystal) and a lighter, alcohol lamp, or small butane torch for heating.
• Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow.
Signs and Symptoms of Use
• Financial problems • Frequent and extended absences from meetings or work assignment • Increased physical activity and fatigue • Isolation and withdrawal from friends and normal activities • Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls • Unusual defensiveness, anxiety, agitation • Wide mood swings • Runny or irritated nose • Difficulty in concentration • Dilated pupils and visual impairment • Restlessness • Formication (sensation of bugs crawling on skin) • High blood pressure, heart palpitations, and irregular rhythm • Hallucinations • Hyperexcitability and overreaction to stimulus 32
• Insomnia • Paranoia • Profuse sweating and dry mouth • Talkativeness
Health Effects
• Research suggests that regular cocaine use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing irreparable damage to critical nerve cells. The onset of nervous system illnesses such as Parkinson’s disease could also occur.
• Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure. In addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to ruptured vessels causing strokes or heart attacks.
• Strong psychological dependency can occur with one “hit” of crack. Usually, mental dependency occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest mental dependency of any known drug.
• Treatment success rates are lower than for other chemical dependencies.
• Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is rapid. The fatal effects of an overdose are not usually reversible by medical intervention. The number of cocaine overdose deaths has tripled in the last 4 years.
Workplace Issues
• Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction.
• Lapses in attention and ignoring warning signals greatly increase the potential for accidents.
• The high cost of cocaine frequently leads to workplace theft and/or dealing.
• A developing paranoia and withdrawal create unpredictable and sometimes violent behavior.
• Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed assignments.
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Cannabinoids (Marijuana) Fact Sheet
Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use marijuana for the mildly tranquilizing and mood- and perception-altering effects it produces.
Description
• Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to light tan. The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly pointed end. Less prevalent, hashish is a compressed, sometimes tarlike substance ranging in color from pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. It may also be sold in any oily liquid.
• Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and incense.
• Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are commonly used. Smoking “bongs” (large bore pipes for inhaling large volumes of smoke) can easily be made from soft drink cans and toilet paper rolls.
• Trade/street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold, Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
• Reddened eyes (often masked by eye drops) • Slowed speech • Distinctive odor on clothing • Lackadaisical “I don’t care” attitude • Chronic fatigue and lack of motivation • Irritating cough, chronic sore throat
Health Effects
General
• When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema-like conditions.
• One joint causes the heart to race and be overworked. People with undiagnosed heart conditions are at risk.
• Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious respiratory tract and sinus infections.
• Marijuana smoking lowers the body’s immune system response, making users more susceptible to infection.
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Pregnancy Problems and Birth Defects
• The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in marijuana concentrate in the ovaries and testes.
• Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which can lead to temporary sterility. Occasionally, the onset of female sex characteristics including breast development occurs in heavy users.
• Chronic smoking of marijuana in females causes a decrease in fertility and an increase in testosterone.
• Pregnant women who are chronic marijuana smokers have a higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life.
• In test animals, THC causes birth defects, including malformations of the brain, spinal cord, forelimbs, and liver and water on the brain and spine.
• Offspring of test animals who were exposed to marijuana have fewer chromosomes than normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are concluding that the use of marijuana by either or both parents, especially during pregnancy, leads to specific birth defects of the infant’s feet and hands.
• One of the most common effects of prenatal cannabinoid exposure is underweight newborn babies.
• Fetal exposure may decrease visual functioning and causes other ophthalmic problems.
Mental Function
• Regular use can cause the following effects: • Delayed decision-making • Diminished concentration • Impaired short-term memory, interfering with learning • Impaired signal detection (ability to detect a brief flash of light), a risk for users who are operating machinery
• Impaired tracking (the ability to follow a moving object with the eyes) and visual distance measurements
• Erratic cognitive function • Distortions in time estimation 35
• Long-term negative effects on mental function known as “acute brain syndrome,” which is characterized by disorders in memory, cognitive function, sleep patterns, and physical conditions
Acute Effects
• Aggressive urges • Anxiety • Confusion • Fearfulness • Hallucinations • Heavy sedation • Immobility • Mental dependency • Panic • Paranoid reaction • Unpleasant distortions in body image
Workplace Issues
• The active chemical, THC stores in body fat and slowly releases over time. Marijuana smoking has a long-term effect on performance.
• A 500 to 800 percent increase in THC concentration in the past several years makes smoking three to five joints a week today equivalent to 15 to 40 joints a week in 1978.
• Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect, increasing the impairing effect of both the depressant and marijuana.
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Opiates (Narcotics) Fact Sheet
Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions, and when taken in large doses, cause a strong euphoric feeling.
Description
• Natural and natural derivatives – opium, morphine, codeine, and heroin.
• Synthetics – meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Percodan)
• May be taken in pill form, smoked, or injected, depending upon the type of narcotic used.
• Trade/street names include Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and China White.
Signs and Symptoms of Use
• Mood changes • Impaired mental functioning and alertness • Constricted pupils • Depression and apathy • Impaired coordination • Physical fatigue and drowsiness • Nausea, vomiting, and constipation • Impaired respiration
Health Effects
• IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of needles.
• Narcotics increase pain tolerance. As a result, people could more severely injure themselves or fail to seek medical attention after an accident due to the lack of pain sensitivity.
• Narcotics’ effects are multiplied when used in combination with other depressant drugs and alcohol, causing increased risk for an overdose.
Social Issues
• There are over 500,000 heroin addicts in the United States most of whom are IV needle users.
• An even greater number of medicinal narcotic-dependent persons obtain their narcotics through prescriptions. 37
• Because of tolerance, there is an ever-increasing need for more narcotics to produce the same effect.
• Strong mental and physical dependency occurs.
• The combination of tolerance and dependency creates an increasing financial burden for the user. Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
• Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place the legitimate user and abuser at higher risk for an accident.
• Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause impairment of physical and mental functions.
38
Phencyclidine (PCP) Fact Sheet
Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects prevented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant and a hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-altering effects. Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or physical chocks may cause a “freak out” in which the person has abnormal strength, extremely violent behavior, and an inability to speak or comprehend communication.
Description
• PCP is sold as a creamy, granular powder and is often packaged in one-inch square aluminum foil or folded paper “packets.”
• It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine, a local anesthetic, and sold as imitation cocaine.
• Trade/street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
• Impaired coordination • Severe confusion and agitation • Extreme mood shifts • Muscle rigidity • Nystagmus (jerky eye movements) • Dilated pupils • Profuse sweating • Rapid heartbeat • Dizziness
Health Effects
• The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body.
• PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an overdose reaction.
• Misdiagnosing the hallucinations as LSD induced, and then treating with Thorazine, can cause a fatal reaction. • Use can cause irreversible memory loss, personality changes, and thought disorders.
39
• There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to 3 days and can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and distance perception are common. The second phase, which does not always follow the first, is a toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The third phase is a drug-induced schizophrenia that may last a month or longer. The fourth phase is PCP-induced depression. Suicidal tendencies and mental dysfunction can last for months.
Workplace Issues
• PCP abuse is less common today than in recent years. It is also not generally used a workplace setting because of the severe disorientation that occurs.
40
Attachment 5
GLOSSARY OF TERMS ADA PARATRANSIT SERVICE
Customer No Show – shall mean the failure of a customer to meet a vehicle that has arrived within the performance window as scheduled. Should the vehicle not arrive on time, the trip shall be marked as a Missed Trip (see below.)
Deadhead Hours – the interval of time a vehicle is on the road but not in revenue service. This time will include the interval from the yard in the morning to the first pickup, to the yard from the last drop-off, during any lunch/break intervals, refueling, and during any downtime due to mechanical failure. This also includes any out of service time due to drivers “split” shifts, or blocks of time in a driver’s schedule where the operator is not scheduled in active revenue service. These blocks of time are not to be included in revenue service hours.
Deadhead Miles – the mileage accumulated while the vehicle is on the road, but not in revenue service. These miles will include the interval from the yard in the morning to the first pickup, to the yard from the last drop-off, during any lunch/break intervals, refueling, and during any downtime due to mechanical failure. This also includes any out of service time due to drivers “split” shifts, or blocks of time in a driver’s schedule where the operator is not scheduled in active revenue service. This mileage is not to be included in revenue service miles.
Dwell Time – the interval of time a vehicle is in revenue service but is not actually going to pick-up or to drop-off a passenger. Intervals of forty-five minutes or more are considered slack time and are not part of vehicle revenue hours.
Escort – (or companion) is a person that travels with a customer. Escorts may travel provided there is available space in that time slot, but the reservation for the customer must specify the number of persons accompanying them on the trip in advance to ensure an accurate count. An escort is different from a PCA (see definition below.)
Excessively Late Trip – shall mean a trip, which arrives 45 minutes (or more) outside of the scheduled pick-up window (including specified no-later-than drop off times as negotiated), and the customer accepts the trip. These trips will be identified in Trapeze as “Missed But Transported.”
Fare Category – is the fare designation the customer travels under such as Senior Ticket or Disabled Cash. Each passenger that boards a vehicle in revenue service, and all persons who accompany them, must be recorded on the driver’s trip sheet by the appropriate fare category.
Late Trip – shall mean any trip, which arrives from one to 44 minutes outside of the scheduled pick-up window, and the customer accepts the trip. A trip shall also be deemed late should the drop-off occur outside the window (-30/+0) for clients with a specified no-later-than time in their reservation.
Late Cancellation – shall mean any cancellation by the customer within two hours of a scheduled trip.
1
Manifest – shall mean the schedule provided to a vehicle operator listing all stops and time points during a vehicle run.
Missed Trip – or Contractor No Show shall mean any trip not performed other than a Cancellation or Customer No Show. A “missed trip designator” must be used in Trapeze to indicate a trip where the contractor did not (or was unable) to show up, or arrived outside the pickup window and the customer refused the trip (or was unavailable to take the trip.)
Missed But Transported – an excessively late trip, which arrives 45 minutes (or more) outside of the scheduled pick-up window and the customer accepts transport. This designation must be used in Trapeze for all trips in this category.
On-Time Performance – shall mean a measure of service reliability based on the percentage of completed trips in which the contractor picked up a customer within the 30- minute scheduled pick-up window. On time report shall capture all trips, including those performed before (early) and after (late) the on time window. This information shall also capture trips performed outside the drop-off window for passengers with a no-later-than time in their reservation. Performance standard for these trips shall be -30 minutes (up to 30 minutes early) + 0 minutes late.
Personal Care Attendant (PCA) – shall mean a person who is authorized or required by RTA to accompany the customer for the purpose of providing travel and other assistance to the customer. A Personal Care Attendant differs from a companion or escort in that as required by the American’s with Disabilities Act (ADA), PCA’s always travel free of charge.
Pick-Up Time (Window) – shall mean the confirmed pick-up window as agreed upon by the customer and the contractor and that appears on the manifest. The scheduled pick up time shall be a thirty (30) minute window, 15 minutes before and 15 minutes after the appointment (center point) time. For passengers with a no-later-than time in their reservation, the on time window shall be determined by the drop-off time, and shall be minus 30/plus 0.
Slack Time – Slack time is defined as any period of time within a scheduled route when there is forty-five (45) minutes or more between a drop-off and pick-up, there are no passengers on board the vehicle, and there are no canceled trips or no shows within those forty-five minutes. Slack time in excess of forty-five minutes shall be deducted from the daily revenue hours whenever an operator is not scheduled in active revenue service. Each trip that is estimated to take longer than forty-five minutes travel time will be investigated on a case-by-case basis via available investigative resources. In such situations, the estimated miles and times incurred would be taken into consideration in the reduction of suggested slack time.
2
Vehicle Revenue Hour (VRH) – shall mean the period of time the vehicle operator is performing the customer transportation services required under this contract, excluding deadhead and any contractually agreed upon break/lunch interval or vehicle down time due to mechanical failure. This also excludes any out of service time due to drivers “split” shifts, or blocks of time in a driver’s schedule where the operator is not scheduled in active revenue service. Revenue hour shall mean the period of time from the first customer pick-up until the last customer drop-off minus all said break periods.
Vehicle Revenue Mile (VRM) – shall mean the mileage the vehicle operator is performing the customer transportation services required under this contract, excluding deadhead miles. Revenue mile shall mean the mileage from the fist customer pick-up to the last customer drop-off, excluding any miles traveled during the contractually agreed upon lunch interval, during vehicle down time due to mechanical failure, or during intervals where driver is not scheduled in active revenue service.
3 Attachment 6 – Fare Reconciliation Form
Audit Questionnaire
Facility Name: Location: Audit Function: Facilitator(s): Review Date:
Criteria Yes/No Comments 1 Do written policies/procedures exist Yes for recording DAR passenger fare No during routes? Do key personnel demonstrate proficiency while performing this function?
2 Do written policies/procedures exist Yes for depositing cash from vehicles into No secure area? Do key personnel demonstrate proficiency while performing this function?
3 Do written policies/procedures exist Yes for preparing cash for bank deposit? No Do key personnel demonstrate proficiency while performing this function?
4 Do written policies/procedures exist Yes for reconciling bank deposits to No manifest sheets? Do key personnel demonstrate proficiency while performing this function?
5 Do written policies/procedures exist Yes for accounting for discrepancies in No reconciliation processes? Do key personnel demonstrate proficiency while performing this function?
6 Does RTA have a copy of the most Yes up to date written policies and No procedures set?
L Audit Questionnaire Date Published: 5/16/2013 Audit Questionnaire
7 Are there any other written policies Yes and procedures that pertain to No cash/pass handling and accounting?
8 Are background checks performed on Yes all operators, cash counters and any No other employees that handle cash/passes? Please provide sample. 9 Where is cash kept prior to deposit? Yes Who has access to that cash? Dual No custody?
10 Is cash kept in a secure place? Yes 24-hour surveillance? No
General Observations:
Page 2 5/16/2013 Fuel Escalation Methodology
Threshold of Increase in Rate Per Gallon 10.01% 1 Initial Billing Rate Per RSH (Provided by Contractor) $ 41.65 2 Base Contract Fuel Rate per Gallon $ 1.92 3 Fuel portion of Hourly Rate (Provided by Contractor) $ 11.52 4 FUEL INCREASE OPIS RACK Rate Per Gallon $ 1.92 $ 2.11 $ 2.21 $ 2.30 $ 2.40 $ 2.59 5
% Change in Fuel Rate 0.0% 10.00% 15.0% 20.0% 25.0% 35.0% 6
Fuel portion of Hourly Rate $ 11.52 $ 11.52 $ 11.52 $ 11.52 $ 11.52 $ 11.52 Adjusted Fuel Rate/Hour $ 11.52 $ 12.67 $ 13.25 $ 13.82 $ 14.40 $ 15.55 7 Adjusted Billing Rate Per RSH $ 41.65 $ 42.80 $ 43.38 $ 43.95 $ 44.53 $ 45.68
1 - The percentage fuel must move up or down to trigger an hourly rate adjustment 2 - Hourly rate proposed by contractor to provide service 3 - OPIS Rack rate at the time of the issuance of this RFP (date specified as 02/13/2017) 4 - The portion of the hourly rate proposed (item #2) that is represented by fuel. Contractor to specify this in Form 60 submission 5 - Representative movement in OPIS Rack price to demonstrate when fuel would be adjusted. 6 - Percentage movement of the price of fuel (item #5 minus item #3 divided by item #3) 7 - Percentage movement of the price of fuel (item #6) multiplied by the fuel portion of the hourly rate (item #4) to identify the adjusted fuel rate per hour
This model represents the adjustment to the hourly rate if fuel increases. Should the price of fuel decrease, a corresponding reduction in hourly rate would occur. The Billing Rate per Revenue Service Hour will be adjusted on 11/1/2017 to reflect the average fuel price from 7/1 to 9/1/2017. RFP #17-008
EXHIBIT B
COST AND PRICE FORMS RFP #17-008 RIVERSIDE TRANSIT AGENCY FORM 60 – Based on Annual Estimated Revenue Hours
CONTRACT PRICING PROPOSAL (Services) RFP #17-008 “Form 60” Name of Offeror DIVISION(S)/LOCATION(S) WHERE SERVICES ARE TO BE PERFORMED
Home Office Address CONTRACT NO. 17-008
Services to be Performed TOTAL AMOUNT PROPOSED* Contracted Transportation/Call Center Services per RFP #17-008 $ DETAILS OF COST BY YEAR Annual Cost (Based on Fixed Costs and Revenue Service Estimated # of VRH/Year4 Total Annual Cost Hours) Total Cost for Year One 3 based on: $ ______Fixed 1 per month based on → 141,510 est. # of VRH2 $ $ ______per Vehicle Revenue Hour 2 → Total Cost for Year Two based on: $ ______Fixed per month based on → 222,878 est. # of VRH $ $ ______per Vehicle Revenue Hour → Total Cost for Year Three based on: $ ______Fixed per month based on → 234,022 est. # of VRH $ $ ______per Vehicle Revenue Hour → Total Cost for Year Four based on: $ ______Fixed per month based on → 245,723 est. # of VRH $ $ ______per Vehicle Revenue Hour → Total Cost for Year Five based on: $ ______Fixed per month based on → 258,010 est. # of VRH $ $ ______per Vehicle Revenue Hour → * Total Amount Proposed (Basis of Award) for initial term and all option year expenses
1 Fixed Monthly rate will be based upon the established hours of operation (see Sec. II – Service Descriptions, page 1) and shall be calculated to include all associated costs (vehicle and call center operation) including profit and management fees.
2 Vehicle Revenue Hour: the time a vehicle is available for passenger transport within the Contractor's established hours of service. See Attachment 5 to Exhibit A ‘Glossary of Terms’ for specific details. This rate will include all costs associated with the estimated number of revenue service hours and corresponding level of vehicle operations, maintenance costs and call center costs.
3 NOTE: Year One is a 8 month period beginning Nov 1, 2017 and ending June 30, 2018.
4 Refer to Section IV – Levels of Service & Contract Terms, “Annual Service Levels”; Vehicle Revenue Hours/Year presumes a PPH productivity of 2.20 passengers per hour; hours may vary depending on level of productivity contractor is able to achieve.
TYPE NAME AND TITLE SIGNATURE
NAME OF FIRM DATE OF SUBMISSION
RFP 17-008 SUPPLEMENTARY PRICING DETAIL SUPPLEMENT B ADA / Dial-a-Ride Services - Based on Estimated Annual Revenue Service Hours
Proposed Total Annual Costs - Revenue Hours
Costs Designate F = Fixed Costs; V = Variable Costs 5-Yr Hourly Wage Description Range FTE (# of) Year 1 F/V Year 2 F/V Year 3 F/V Year 4 F/V Year 5 F/V Subtotals A. Direct Labor (List key and support positions, FTE and wage rates for each)
PM: Asst PM: Maint Mgr/Supr: Call Ctr Supr: Safety/TrngSupr: Road Suprs: [add/list other positions] Subtotal Labor Wages -
B. Fringe Benefits (List key positions and support positions separately)
PM: Asst PM: Maint Mgr/Supr: Call Ctr Supr: Safety/TrngSupr: Road Suprs: [add/list other positions] Subtotal Fringe Benefits
C. Materials and Supplies Uniforms Misc. (physicals, drug & alcohol tests, etc.)
Subtotal Materials & Supplies
D. Training Driver training Maintenance training Other training (specify) Recruiting costs Management & Staff Development
Subtotal Training
E. Maintenance (Revenue only) Fuel - OPIS rack cost ONLY $1.92 as of 2/13/2017
Fuel Margin costs (taxes, fees, surcharges; this line to be delta between retail and OPIS rack pricing Lubricants Parts Taxes Other (specify)
Subtotal Maintenance
F. Casualty/Liability Insurance
Based on Estimated Annual Revenue Service Hours RFP 17-008 SUPPLEMENTARY PRICING DETAIL SUPPLEMENT B ADA / Dial-a-Ride Services - Based on Estimated Annual Revenue Service Hours
Costs Designate F = Fixed Costs; V = Variable Costs Property Damage Insurance Worker's Compensation Insurance
Subtotal Casualty/Liability
G. Facility Costs Lease Payments Utilities - Elec., Gas, Water Other (specify) Telephone Property Maintenance & Repair Property Taxes Security Environmental
Subtotal Facility Costs
H. Insurance Performance Bond Other (specify)
Subtotal Insurance Costs
I. Taxes, Permits, Licenses (specify) Corporate Income Tax Interest Vehicle Licenses Other (specify)
Subtotal Taxes, Permits, Licenses
J. Vehicle Costs (Non-revenue) Vehicles (specify)
Other (specify)
Subtotal Vehicle Costs
K. Telecom/Info Systems Telecomm Equipment Computer Hardware Software Other (specify)
Subtotal Telecom/Info Systems
Subtotals for each Year: $ $ $ $ $
L. Subtotal Start-up Costs *
M. Management Fee/Profit (includes overhead)
Subtotals for each Year including items L and M
Proposed Total Compensation for all Years: $
Based on Estimated Annual Revenue Service Hours RFP 17-008 SUPPLEMENTARY PRICING DETAIL SUPPLEMENT B ADA / Dial-a-Ride Services - Based on Estimated Annual Revenue Service Hours
Costs Designate F = Fixed Costs; V = Variable Costs * Start-up Costs are defined as those costs incurred from date of award through start date of service.
The above prices include all direct costs, indirect costs, and profits. The Agency's intention is to award a Fixed Unit Rate price contract with a Not-to-Exceed Total Amount. Please denote the basis on which the prices are quoted.
1. I acknowledge receipt of RFP 17-008 and Addenda Nos. ______2. This offer shall remain firm for ______days from the date of proposal.
COMPANY NAME ______
ADDRESS ______
TELEPHONE ______
SIGNATURE OF PERSON AUTHORIZED TO ______
SIGNATURE'S NAM ______
DATE SIGNED ______
Based on Estimated Annual Revenue Service Hours
SUPPLEMENT C TO FORM 60
VARIABLE RATE SCHEDULE
PRICING FOR CHANGES IN REVENUE SERVICE HOURS OVER 15%
+ / - CHANGE IN HOURS RATE IF INCREASE RATE IF DECREASE
0 TO 15% $ N/A $ N/A
16 – 25% ______
26 – 35% ______
This Variable Rate Schedule to be used during full term of the agreement; add additional sheets, if needed, to propose rate adjustments for each year
RFP NO. 17-008
SUPPLEMENT D TO FORM 60
FUEL PORTION OF REVENUE HOURLY RATE
Year 1 Year 2 Year 3 Year 4 Year 5
Fuel (OPIS cost only) hours Fuel Portion
WAGE PROGRESSION SCALE
WAGE RATES FOR UNION EMPLOYEES
Seniority Year 1 Year 2 Year 3 Year 4 Year 5 0 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5 - 6 6 - 7 7 - 8 Incum
______
By signing below, [CONTRACTOR} acknowledges the information on this page is expressly incorporated into Agreement No. 17-008.
______[name, title] [date]
RFP NO. 17-008
RFP 17-008
EXHIBIT C
PROPOSED AGREEMENT
Agmt #17-008
1 AGREEMENT NO. 17-008 2 BETWEEN 3 RIVERSIDE TRANSIT AGENCY 4 AND 5 [TBD] 6 THIS AGREEMENT is made and entered into this ____ day of ______, 2017, by and 7 between the Riverside Transit Agency, 1825 Third Street, P.O. Box 59968, Riverside, California 92517- 8 1968, (hereinafter referred to as "AGENCY"), and [successful vendor name/address] (hereinafter referred 9 to as "CONTRACTOR"). 10 WITNESSETH: 11 WHEREAS, AGENCY desires the services of a Contractor to manage and operate its existing 12 ADA/DAR and call center services; and 13 WHEREAS, said work cannot be performed by the regular employees of AGENCY; and 14 WHEREAS, CONTRACTOR has represented that it has the requisite personnel and experience, 15 and is capable of performing such services; and 16 WHEREAS, CONTRACTOR wishes to perform these services; 17 NOW, THEREFORE, it is mutually understood and agreed by AGENCY and CONTRACTOR as 18 follows:
19 ARTICLE 1. COMPLETE AGREEMENT 20 A. This Agreement, including Exhibit A-Scope of Work, its Attachments #1 to 7, and Exhibit B – 21 Pricing and its Supplemental B and C Forms, and all exhibits, attachments and documents incorporated 22 herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) 23 and condition(s) of the agreement between AGENCY and CONTRACTOR and it supercedes all prior and 24 contemporaneous representations, agreements, understandings, and communications. The invalidity in 25 whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or 26 condition(s).
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1 B. AGENCY's failure to insist in any one or more instances upon CONTRACTOR's performance 2 of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 3 AGENCY's right to such performance or to future performance of such term(s) or condition(s) and 4 CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any 5 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in writing 6 by an authorized representative of AGENCY by way of a written amendment to this Agreement and issued 7 in accordance with the provisions of this Agreement. 8 9 ARTICLE 2. AGENCY DESIGNEE 10 The Chief Executive Officer of AGENCY shall have the authority to act for and exercise any of the 11 rights of AGENCY as set forth in this Agreement. 12 13 ARTICLE 3. STATEMENT OF WORK 14 A. CONTRACTOR shall perform the work necessary to complete in a manner satisfactory to 15 AGENCY the services set forth in Exhibit A, entitled "Scope of Work” attached to and, by this reference, 16 incorporated in and made a part of this Agreement. CONTRACTOR shall also perform in accordance with 17 its proposal to AGENCY dated July 17, 2013 and its “Final Revised Proposal” dated September 6, 2013 18 and further clarified on October 1, 2013. All services shall be provided at the times and places designated
19 by AGENCY. 20 B. CONTRACTOR shall provide the personnel listed below to perform the above-specified 21 services, which persons are hereby designated as key personnel under this Agreement and shall perform 22 their designated functions in accordance with Exhibit A, Task 1. 23 Name Functions 24 Project Manager 25 Assistant Project Manager(s) 26 Maintenance Manager
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1 Safety/Training Manager 2 Call Center Manager 3 Road Supervisor(s) 4 5 C. Removal or replacement of any named person in paragraph B of this Article, or his/her 6 successor approved by AGENCY, or changes to his/her agreed-upon function or level of commitment shall 7 be performed in accordance as set forth in Exhibit A, Task 1, Task 5 and Task 8. Should the services of 8 any key person become unavailable to CONTRACTOR, the resume and qualifications of the proposed 9 replacement shall be submitted to AGENCY for approval as soon as possible, but not later than seven (7) 10 calendar days prior to the departure of the incumbent key person, unless CONTRACTOR is not provided 11 with such notice by the departing employee. AGENCY shall respond to CONTRACTOR within seven (7) 12 calendar days following receipt of these qualifications concerning acceptance of the candidate for 13 replacement. 14
15 ARTICLE 4. TERM OF AGREEMENT
16 A. This Agreement shall commence [tbd], and shall continue in full force and effect through
17 June 30, 2020 (“Base Term”), unless earlier terminated or extended as provided in this Agreement.
18 B. AGENCY, at its sole discretion, may elect to extend the term of this Agreement up to an
19 additional twelve (12) months, commencing July 1, 2020, and continuing through June 30, 2021
20 (“Option Year One”), and thereupon require CONTRACTOR to continue to provide services, and
21 otherwise perform, in accordance with Exhibit A, entitled “Scope of Work,” and Exhibit B, entitled “Cost
22 and Price Forms set forth in Article 5 “Payment.”
23 C. AGENCY, at its sole discretion, may elect to extend the term of this Agreement up to an
24 additional twelve (12) months, commencing July 1, 2021 and continuing through June 30, 2022
25 (“Option Year Two”), and thereupon require CONTRACTOR to continue to provide services, and
26 otherwise perform, in accordance with Exhibit A and entitled “Scope of Work,” and Exhibit B, set forth in
27 Article 5 “Payment.” C-3
Agmt #17-008
1 D. AGENCY’S election to extend the Agreement beyond the Initial Term shall not diminish its
2 right to terminate the Agreement for AGENCY’S convenience or CONTRACTOR’S default as provided
3 elsewhere in this Agreement. The “maximum term” of this Agreement shall be the period extending
4 from [tbd] through June 30, 2022 which period encompasses the Base Term and Option Years One
5 and Two.
6
7 ARTICLE 5. PAYMENT
8 A. For CONTRACTOR’s full and complete performance during the billing period of the Services
9 under this Agreement, AGENCY agrees to pay CONTRACTOR the rate as set forth in Exhibit B,
10 entitled “Cost and Price Forms”, which is attached to and by this reference incorporated into and made
11 a part of this Agreement. Total payments are subject to the maximum cumulative payment obligation
12 provisions set forth in Exhibit B – Form 60 attached and as amended from time to time. All cash
13 revenues collected shall be retained by CONTRACTOR and shall be deducted from the gross cost and
14 AGENCY shall thereupon pay CONTRACTOR at the resulting net cost. All revenues shall be
15 accumulated and deducted for each AGENCY accounting period. CONTRACTOR shall report all fares,
16 transfers and passes received and an accurate passenger count for each accounting period and
17 service type. CONTRACTOR shall perform these functions as set forth in Exhibit A – Section III
18 “Fares”.
19 B. During each billing period, CONTRACTOR shall meet the Service performance standards
20 as specified in Exhibit A under Task 5. Failure to meet these standards shall result in the monthly
21 application of the Exhibit A penalties specified in Task 8 against CONTRACTOR’S billing-period
22 invoice(s). For the initial ninety (90) days of operations under this contract, AGENCY will monitor
23 performance of CONTRACTOR against the performance measures stated in Exhibit A to ensure that
24 standards have been established that are appropriate and fair. During this period, no incentives or
25 penalties will be assessed; this period shall commence [start of service] and will be complete at the end
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1 of 90 calendar days or [tbd]. As set forth in Exhibit A, these standards shall be periodically reviewed
2 and, if appropriate, adjusted.
3 C. Effective [at start of service] and each consecutive three-month period thereafter, AGENCY
4 shall review and calculate the preceding three months of fuel index costs to adjust for escalations or de-
5 escalations in the price of unleaded fuel as set forth in Exhibit A, Section IV Levels of Service and
6 Contract Terms. Any resulting increase/decrease to CONTRACTOR’s rate and cumulative
7 increase/deduction from CONTRACTOR’s billed amount shall be indicated on a separate line on the
8 monthly invoice.
9 D. Pursuant to the terms of the Agreement between the Agency and the Contractor on or
10 before 2 p.m. on the second business day of each calendar month, the Contractor shall submit a
11 monthly invoice to the Agency, itemizing the Contractor's full and complete costs for the preceding
12 period and showing the retained fare revenue deducted from costs. This monthly invoice must be
13 accompanied by the Monthly Operating Report as detailed in the Exhibit A, Scope of Work as backup
14 for the invoice (See Task 6, Data Collection/Reporting). Each invoice shall cite Agreement No. 10-004,
15 the time period covered by the invoice and the amount of payment requested; and shall include all
16 relevant back-up documentation and monthly operations summaries. AGENCY shall remit payment
17 within thirty (30) days of receipt and approval of each invoice. If any portion of the invoice is disputed
18 by AGENCY, AGENCY agrees to reimburse CONTRACTOR for all undisputed costs. Disputed costs
19 shall be resolved in 30 days and any resulting adjustment shall be included in the subsequent month’s
20 payment to CONTRACTOR.
21
22 ARTICLE 6. PERFORMANCE BOND
23 A. As partial security against CONTRACTOR’s failure to satisfactorily fulfill all of its
24 obligations under this Agreement, CONTRACTOR shall establish a performance bond in favor of
25 AGENCY. This bond shall be in the amount of ten percent (10%) of the average of the first three
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1 contract year amounts and shall be executed by a corporate surety authorized to conduct business as a
2 surety in the state of California. If at any time this Agreement is amended, the amount of the bond shall
3 be increased or decreased accordingly.
4 B. The performance bond shall meet the following requirements:
5 1. Be established prior to payment of any invoices for work performed under this
6 Agreement.
7 2. Identify AGENCY and Agreement No. 17-008 for which performance bond is
8 provided.
9 3. Be in the amount of ten percent (10%) of the average of the first three contract year
10 amounts (the ‘base term’). If this Agreement is amended, the amount shall be
11 adjusted accordingly.
12 4. Shall be valid for the initial term of the Agreement. For each option year following
13 the initial term of this Agreement, a new bond shall be issued prior to the expiration
14 of the previous bond for 10% of the option year amount. In the event the corporate
15 surety elects not to renew the bond, CONTRACTOR shall provide AGENCY an
16 irrevocable letter of credit in the same amount as the bond.
17 5. Be assessed in the event of CONTRACTOR’S default as specified in Article
18 18, Termination which results in CONTRACTOR’S failure to perform the
19 covenants of this Agreement.
20 6. Upon written notice by AGENCY that CONTRACTOR has defaulted under this
21 Agreement, the corporate surety will have ten (10) working days to make a
22 determination on the claim and to notify AGENCY accordingly.
23 //
24 //
25 //
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1 ARTICLE 7. PROMPT PAYMENT CLAUSE
2 A. A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days
3 of receipt of each progress payment, in accordance with the provision in Section 7108.5 of the
4 California Business and Professions Code concerning prompt payment to subcontractors. The 10-days
5 is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over
6 30-days may take place only for good cause and with the Agency’s prior written approval. Any violation
7 of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and
8 other remedies of that Section. This requirement shall not be construed to limit or impair any
9 contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor
10 in the event of a dispute involving late payment or nonpayment by the contractor, deficient
11 subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both
12 DBE and non-DBE subcontractors.
13 B. No retainage will be held by the Agency from progress payments due the prime 14 contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the 15 earning subcontractor in 30-days after the subcontractor’s work is satisfactorily completed. Any delay 16 or postponement of payment may take place only for good cause and with the Agency’s prior written 17 approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the 18 penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and 19 Professions Code. This requirement shall not be construed to limit or impair any contractual, 20 administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event 21 of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor 22 performance, and/or non-compliance by a subcontractor. This clause applies to both DBE and non- 23 DBE subcontractors.
24 C. Failure to comply with this provision or delay in payment without prior written approval 25 from AGENCY will constitute noncompliance, which may result in the termination of the Agreement of 26 such other remedy as the Agency deems appropriate. AGENCY reserves the right to request the C-7
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1 appropriate documentation from CONTRACTOR showing payment has been made to the 2 subcontractors. 3 D. These prompt payment provisions must be incorporated in all subcontract agreements 4 issued by CONTRACTOR under this Agreement.
5 ARTICLE 8. MAXIMUM OBLIGATION
6 Notwithstanding any provisions of this Agreement to the contrary, AGENCY and CONTRACTOR
7 mutually agree that AGENCY's maximum cumulative payment obligation hereunder (including obligation
8 for CONTRACTOR's profit), shall be as set forth in Exhibit B, Form 60, attached and as amended from
9 time to time, which shall include all amounts payable to CONTRACTOR for its subcontracts, leases,
10 materials and costs arising from, or due to termination of this Agreement.
11 ARTICLE 9. NOTICES 12 All notices hereunder and communications regarding the interpretation of the terms of this 13 Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said 14 notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and 15 addressed as follows: 16 To CONTRACTOR: To AGENCY: 17 Riverside Transit Agency 18 1825 Third Street 19 P.O. Box 59968 20 Riverside, CA 92517-1968 21 22 ATTN: ATTENTION: Vince Rouzaud 23 Chief Procurement & Logistics Officer 24 (951) 565-5180 25 FAX: FAX: (951) 565-5001 26 27 ARTICLE 10. INDEPENDENT CONTRACTOR 28 CONTRACTOR's relationship to AGENCY in the performance of this Agreement is that of an 29 independent contractor. CONTRACTOR's personnel performing services under this Agreement shall at all
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1 times be under CONTRACTOR’s exclusive direction and control and shall be employees of 2 CONTRACTOR and not employees of AGENCY. CONTRACTOR shall pay all wages, salaries and other 3 amounts due its employees in connection with this Agreement and shall be responsible for all reports and 4 obligations respecting them, such as social security, income tax withholding, unemployment 5 compensation, workers' compensation and similar matters. 6 7 ARTICLE 11. AGENCY FURNISHED EQUIPMENT 8 A. AGENCY shall provide CONTRACTOR with the revenue vehicles necessary for 9 CONTRACTOR to perform its obligations under this Agreement. CONTRACTOR shall be liable to 10 AGENCY for any damage to or loss of AGENCY vehicles, fareboxes and other components of said 11 vehicles when caused by CONTRACTOR’s negligence, abuse or misuse of vehicle, but in no event shall 12 such liability exceed the replacement cost of the vehicle(s) or other property damaged or lost. 13 B. The provisions of Exhibit A, Section V Transitioning Contracts shall govern the procedure 14 for AGENCY inspection and acceptance of the AGENCY-owned vehicles at the end of the 15 CONTRACTOR’s services under this Agreement. 16 C. Unless otherwise provided in this Agreement, upon delivery to CONTRACTOR or 17 manufacture or acquisition by it of any materials, parts, tooling or other property to which AGENCY 18 possesses title, or which AGENCY has otherwise furnished to CONTRACTOR, CONTRACTOR assumes
19 the risk of, and shall be responsible for, any damages to or loss of such property. In any event, upon the 20 conclusion of this Agreement or upon demand by AGENCY, CONTRACTOR shall return such property to 21 AGENCY in the condition in which it was received, except for reasonable wear and tear, and except for 22 such property as has been reasonably consumed in the performance of the Services under this 23 Agreement.
24 ARTICLE 12. INSURANCE
25 A. CONTRACTOR shall procure and maintain insurance coverage during the entire term of
26 the Agreement. Coverage shall be full coverage and not subject to self-insurance provisions. The C-9
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1 CONTRACTOR shall provide the following insurance coverage:
2 1. Commercial General Liability, to include Premises/Operations, Contractual,
3 Operations, Independent Contractors, and Personal Injury Liability with at least $10,000,000 of
4 coverage;
5 2. Automobile Liability Insurance with the following limits:
6 a) Primary Bodily Injury with limits of $10,000,000 per person; and
7 b) Primary Bodily Injury with limits of $10,000,000 per accident; and
8 c) Primary Property Damage with limits of $10,000,000;
9 3. Workers' Compensation with limits as required by the State of California;
10 4. Employer's Liability with limits of $10,000,000; and
11 B. Proof of such coverage, in the form of an insurance company issued policy endorsement
12 and a broker-issued insurance certificate, must be received by AGENCY within ten (10) calendar days
13 from the date of execution of the Agreement; with the Riverside Transit Agency, its officers, directors,
14 employees and agents designated as additional insureds to the extent of CONTRACTOR’s obligations
15 set forth under Article 18 Indemnification. Furthermore, AGENCY reserves the right to request certified
16 copies of all related insurance policies.
17 C. CONTRACTOR shall furnish to AGENCY a broker-issued certificate of insurance showing
18 the required coverage for CONTRACTOR and further providing that:
19 1. All vehicles utilized in the provision of services under this Agreement, both AGENCY-
20 owned and otherwise shall be covered ; and
21 2. The coverage shall be primary and noncontributory as to any other insurance with
22 respect to performance hereunder; and
23 3. The comprehensive auto liability coverage to be at full replacement value; and
24 4. Thirty (30) days prior written notice of cancellation or material change in insurance
25 coverage to be given to AGENCY.
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1 D. CONTRACTOR shall include on the face of the Certificate of Insurance: “Agreement
2 Number 17-008, Chief Procurement & Logistics Officer; all vehicles operated in the performance
3 of Agreement Number 17-008 are included under this policy”.
4 5 ARTICLE 13. ORDER OF PRECEDENCE 6 Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: 7 (1) provisions of this Agreement including all Exhibits and Attachments; (2) the provisions of RFP #17-008 8 as amended; (3) CONTRACTOR’s proposal dated [tbd] as supplemented by its Final Revised Proposal 9 dated [tbd] and further clarified on [tbd]; (4) all other documents, if any, cited herein or incorporated by 10 reference. 11 12 ARTICLE 14. CHANGES 13 A. The AGENCY may periodically adjust the levels of service set forth in Exhibit A to this 14 Agreement. CONTRACTOR’s hourly revenue rate shall be adjusted in accordance with the percentage 15 increase and decrease ranges expressly set forth in Exhibit B, Supplement C Variable Rate Schedule. A 16 change in service level that exceeds the percentage ranges set forth in Exhibit B, Supplement C Variable 17 Rate Schedule shall be handled in accordance with this Article as follows. 18 B. Should the Agency increase or decrease the number of ‘vehicle trips’/’revenue service hours’ 19 by more than fifteen percent (15%) of the estimated ‘vehicle trip’/’revenue service hours’ levels set forth in 20 Exhibit A, Scope of Work on a fiscal year basis, the rates set forth in the Variable Rate Schedule 21 (Supplement C to Form 60) shall be applied accordingly. Contract award amounts will be for a Firm Fixed 22 Price total amount for the entire five-year period. Actual service levels may be adjusted either up or down 23 by the Agency by up to 15% without adjustment to the hourly rate. 24 C. By written notice or order, AGENCY may, from time to time, order work suspension or make 25 changes in the general scope of this Agreement, including, but not limited to, the services furnished to 26 AGENCY by CONTRACTOR as described in the Scope of Work. If any such work suspension or change 27 causes an increase or decrease in the price of this Agreement or in the time required for its performance, C-11
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1 CONTRACTOR shall promptly notify AGENCY thereof and assert its claim for adjustment within ten (10) 2 days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. 3 However, nothing in this clause shall excuse CONTRACTOR from proceeding immediately with the 4 agreement as changed. 5 6 ARTICLE 15. DISPUTES 7 A. Except as otherwise provided in this Agreement, any dispute concerning a question of fact 8 arising under this Agreement which is not disposed of by supplemental agreement shall be decided by 9 AGENCY’s Chief Procurement & Logistics Officer, who shall reduce the decision to writing and mail or 10 otherwise furnish a copy thereof to CONTRACTOR. The decision of the Chief Procurement & Logistics 11 Officer shall be final and conclusive unless, within thirty (30) calendar days from the date of receipt of such 12 copy, CONTRACTOR mails or otherwise furnishes to the Chief Procurement & Logistics Officer a written 13 appeal addressed to AGENCY’s Chief Executive Officer. The decision of the AGENCY’s Chief Executive 14 Officer or duly authorized representative for the determination of such appeals shall be final and 15 conclusive. 16 B. The provisions of this Article shall not be pleaded in any suit involving a question of fact 17 arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such 18 official or his representative or board is alleged, provided, however, that any such decision shall be final
19 and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as 20 necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal 21 proceeding under this Article, CONTRACTOR shall be afforded an opportunity to be heard and to offer 22 evidence in support of its appeal. 23 C. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with 24 the performance of this Agreement in accordance with the decision of AGENCY’s Chief Procurement & 25 Logistics Officer. This “Disputes” clause does not preclude consideration of questions of law in connection 26 with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final
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1 the decision of any AGENCY official or representative on a question of law, which questions shall be 2 settled in accordance with the laws of the State of California. 3 4 ARTICLE 16. LABOR AGREEMENTS 5 The CONTRACTOR shall limit the length of any collective bargaining agreement(s) entered into as a 6 result of the services provided herein, to the maximum period of performance set forth in Article 4 – Term 7 of Agreement. CONTRACTOR shall use its best efforts to ensure a “no successor” clause is included in 8 any collective bargaining agreement(s). 9 10 ARTICLE 17. NOTICE OF LABOR DISPUTE 11 Whenever CONTRACTOR has knowledge that any actual or potential labor dispute may delay 12 performance of the Agreement, CONTRACTOR shall immediately notify, verbally with written confirmation 13 sent within five business days of event, and submit all relevant information to AGENCY and assist 14 AGENCY in developing a plan to continue service. CONTRACTOR shall insert the substance of this entire 15 clause in all subcontracts hereunder. 16 17 ARTICLE 18. TERMINATION 18 A. AGENCY may terminate this Agreement for its convenience at any time, in whole or part, by
19 giving CONTRACTOR thirty (30) calendar days written notice thereof. Upon such notification, 20 CONTRACTOR will immediately stop all work hereunder and cause any of its subcontractors to 21 immediately cease such work. Upon termination, AGENCY shall pay CONTRACTOR its allowable costs 22 incurred to date for all products, equipment and services provided up to and including the date of 23 termination, as well as profit for work performed up to and including the date of termination and reasonable 24 project close out costs. 25 B. AGENCY may terminate this Agreement for CONTRACTOR’s default if a federal or state 26 proceeding for the relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR
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1 makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any term(s) or violates 2 any provision(s) of this Agreement and does not cure such breach or violation within thirty (30) calendar 3 days after written notice thereof by AGENCY. CONTRACTOR shall be liable for any and all reasonable 4 costs incurred by AGENCY as a result of such default including, but not limited to, re-procurement costs of 5 the same or similar services defaulted by CONTRACTOR under this Agreement. 6 C. CONTRACTOR shall have no right to terminate any subcontracts for cause and then perform 7 the work with its forces without the AGENCY’s prior written consent. AGENCY reserves the right to 8 require CONTRACTOR to replace its terminated subcontractor with another subcontractor agreeable to 9 the AGENCY and to do so without any increase or delay in the performance of this Agreement. 10 D. Either party may, in the case of a termination for breach or default, allow the other party an 11 appropriate period of time, in no event less than thirty (30) days, in which to cure the defect, or if a defect is 12 not such that it can be cured within thirty (30) days, then the defaulting party shall diligently commence to 13 correct such defect within thirty (30) days. In such case, the notice of termination will state the time period 14 in which the cure is permitted and other appropriate conditions. 15 E. If either party fails to remedy a breach or default of the material terms, covenants, or 16 conditions of this Agreement within the applicable cure period the non-defaulting party shall have the right 17 to immediately terminate the Agreement in accordance with the terms hereof. 18 F. In the event that either party elects to waive its remedies for any breach by the other party of
19 any covenant, term, or condition of this Agreement, such waiver by the non-defaulting party shall not limit 20 such party’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this 21 Agreement. 22
23 ARTICLE 19. INDEMNIFICATION
24 CONTRACTOR shall indemnify, defend and hold harmless AGENCY, its officers, directors,
25 employees and agents from all losses, damages, claims for personal injury or damages to real or
26 personal property to the extent caused by CONTRACTOR'S negligence. CONTRACTOR agrees to
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1 indemnify AGENCY against expenses, including reasonable attorneys’ fees, and liability arising from
2 any such claim of infringement provided CONTRACTOR has the right to control the defense or
3 settlement of any such claim in accordance with the following:
4 i) CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless AGENCY
5 from and against any and all claims, demands, actions, suits, damages, liabilities, losses and expenses
6 (including reasonable attorney’s fees and disbursements) for personal injury or property damage
7 asserted by third parties to the extent caused by the negligence or willful misconduct of CONTRACTOR
8 in connection with CONTRACTOR'S performance, or failure to perform this Agreement hereunder
9 (“Third Party Claims”).
10 (ii) AGENCY shall promptly give written notice to CONTRACTOR after obtaining knowledge of any
11 potential or actual Third Party Claim against AGENCY as to which recovery may be sought against
12 CONTRACTOR because of the indemnity set forth in clause (i) above. CONTRACTOR must provide
13 written notice to AGENCY in the form of an acceptance of Tender letter within five (5) days of notice
14 from Agency. Acceptance of Tender letter shall acknowledge CONTRACTOR receipt of claim and
15 obligation to fulfill requirements under Article 19.
16 (iii) CONTRACTOR will have the right to defend AGENCY against any such Third Party Claim with
17 counsel mutually agreed upon by CONTRACTOR and AGENCY. In addition:
18 (a) AGENCY may retain separate co-counsel at its sole cost and expense to monitor the
19 defense of the Third Party Claim provided however, that CONTRACTOR shall have the right
20 to control the defense of such Third Party Claim in CONTRACTOR'S sole discretion.
21 (b) AGENCY will not consent to the entry of any judgment or enter into any settlement with
22 respect to such Third Party Claim without the prior written consent of CONTRACTOR;
23 (c) AGENCY shall cooperate with all reasonable requests of CONTRACTOR in connection with
24 the defense of such Third Party Claim.
25 (d) AGENCY shall be provided monthly status reports on all litigated cases.
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1 (iv) To the extent reasonably possible, AGENCY shall use its good faith efforts to mitigate any losses
2 which CONTRACTOR is obligated to indemnify against pursuant to this indemnification paragraph.
3 ARTICLE 20. WARRANTY 4 A. The CONTRACTOR represents that it is fully experienced and properly qualified to perform 5 the class of services required for this Agreement and that it is properly licensed, equipped, organized and 6 financed to perform the Services. 7 B. The CONTRACTOR warrants that all Services shall be in accordance with this Agreement
8 and shall comply with the performance standards of Task 5 of Exhibit A. In the event of a breach of this 9 warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the 10 consequences thereof, at the CONTRACTOR’s sole expense, in the most expeditious manner as 11 permitted by existing circumstances. If the CONTRACTOR does not promptly take steps to correct the 12 breach upon notification by AGENCY, the AGENCY, without waiving any other rights or remedies it may 13 have at law or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly 14 reimburse the AGENCY for all expenses and costs incurred in connection therewith. 15 16 ARTICLE 21. ASSIGNMENTS AND SUBCONTRACTING 17 A. Neither this Agreement nor any interest herein nor claim hereunder may be assigned by 18 CONTRACTOR either voluntarily or by operation of law, nor may all or any part of this Agreement be 19 subcontracted by CONTRACTOR, without the prior written consent of AGENCY. Consent by AGENCY 20 shall not be deemed to relieve CONTRACTOR of its obligations to comply fully with all terms and 21 conditions of this Agreement. 22 B. AGENCY hereby consents to CONTRACTOR's subcontracting of portions of the Scope of 23 Work to the parties identified below for the functions described in CONTRACTOR’s proposal. 24 CONTRACTOR shall include in the subcontract agreement the stipulation that CONTRACTOR, not 25 AGENCY, is solely responsible for payment to the subcontractor for the amounts owing and that the 26 subcontractor shall have no claim, and shall take no action, against AGENCY, its officers, directors,
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1 employees or sureties for nonpayment by CONTRACTOR. 2 3 Subcontractor's Name/Address Subcontract%Amount of Project 4 N/A N/A 5 6 C. CONTRACTOR shall also include in the subcontract agreement the stipulation that the 7 subcontractor shall maintain insurance coverage in the amounts required from CONTRACTOR as 8 provided in this Agreement. 9 D. CONTRACTOR shall have no rights to terminate any subcontracts for cause and then perform 10 the work with its forces without AGENCY’s prior written consent. AGENCY reserves the right to require 11 CONTRACTOR to replace its terminated subcontractors with another subcontractor agreeable to the 12 AGENCY and to do so without any increase or delay in the performance of this Agreement. 13 14 ARTICLE 22. AUDIT AND INSPECTION OF RECORDS 15 CONTRACTOR shall provide AGENCY, the U.S. Department of Transportation (DOT), the 16 Comptroller General of the United States, or other agents of AGENCY, such access to CONTRACTOR’s 17 accounting books, records, payroll documents and facilities of the CONTRACTOR which are directly 18 pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books,
19 records, work data, documents and activities related hereto. CONTRACTOR shall maintain such books, 20 records, data and documents in accordance with generally accepted accounting principles and shall 21 clearly identify and make such items readily accessible to such parties during CONTRACTOR's 22 performance hereunder and for a period of four (4) years from the date of final payment by AGENCY. 23 AGENCY's right to audit books and records directly related to this Agreement shall also extend to all first- 24 tier subcontractors identified in Article 21 of this Agreement. CONTRACTOR shall permit any of the 25 foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as 26 reasonably necessary.
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1 ARTICLE 23. OPERATING OTHER SERVICES 2 CONTRACTOR agrees to comply with 49 U.S.C. 5323(d) and 69 U.S.C. 5323(f) and 49 CFR Parts 3 604 and 605, which stipulate that CONTRACTOR, while using federally funded equipment or facilities, 4 may not engage in charter service operations or school bus operations exclusively for the transportation of 5 groups, students or school personnel in competition with private charter services or with private school bus 6 operators unless qualified under specified exemptions. 7 8 ARTICLE 24. FEDERAL, STATE AND LOCAL LAWS 9 CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all 10 applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations 11 promulgated thereunder. 12 13 ARTICLE 25. CIVIL RIGHTS/EQUAL EMPLOYMENT OPPORTUNITY 14 In connection with its performance under this Agreement, in terms of any employee or applicant for 15 employment; CONTRACTOR shall not discriminate on the basis of race, color, national origin, sex, age or 16 disability in the performance of this Agreement. The CONTRACTOR shall carry out applicable 17 requirements of 49 CFR part 26 in the award and administration of DOT assisted Agreements. Failure of 18 the CONTRACTOR or SUBCONTRACTOR to carry out these requirements is a material breach of
19 Agreement, which may result in the termination of Agreement by AGENCY, or any other such remedy the 20 AGENCY may deem appropriate. CONTRACTOR shall insert the substance of this entire clause in all 21 subcontracts hereunder. 22 23 ARTICLE 26. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 24 The CONTRACTOR agrees to comply with U.S. Department of Transportation regulations, 25 “Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance 26 Programs,” 49 CFR Part 26 and will cooperate with the California Department of Transportation with
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1 regard to maximum utilization of disadvantaged business enterprise, and will use its best efforts to 2 ensure that disadvantaged business enterprise shall have the maximum opportunity to compete for sub 3 contractual work under this Contract. 4 5 ARTICLE 27. PROHIBITED INTERESTS 6 A. CONTRACTOR covenants that, for the term of this Agreement, no director, member, officer 7 or employee of AGENCY during his/her tenure in office or for one (1) year thereafter shall have any 8 interest, direct or indirect, in this Agreement or the proceeds thereof. 9 B. No member of or delegate to the Congress of the United States shall be admitted to any 10 share or part of this Agreement or to the benefits thereof. 11 12 ARTICLE 28. OWNERSHIP OF REPORTS AND DOCUMENTS 13 The originals of all letters, documents, reports and other products and data produced under this 14 Agreement shall be delivered to, and become the property of AGENCY. Copies may be made for 15 CONTRACTOR's records but shall not be furnished to others without written authorization from AGENCY. 16 Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained 17 by AGENCY. 18
19 ARTICLE 29. PATENT AND COPYRIGHT INFRINGEMENT 20 A. In lieu of any other warranty by AGENCY or CONTRACTOR against patent or copyright 21 infringement, statutory or otherwise, it is agreed that CONTRACTOR shall defend at its expense any claim 22 or suit against AGENCY on account of any allegation that any item furnished by CONTRACTOR under 23 this Agreement or the normal use or sale thereof arising out of the performance of this Agreement, 24 infringes upon any presently existing U.S. letters patent or copyright and CONTRACTOR shall pay all 25 costs and damages finally awarded in any such suit or claim, provided that CONTRACTOR is promptly 26 notified in writing of the suit or claim and given Agency, information and assistance at CONTRACTOR's
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1 expense for the defense of same. However, CONTRACTOR will not indemnify AGENCY if the suit or 2 claim results from: (1) AGENCY's alteration of a deliverable, such that said deliverable in its altered form 3 infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in 4 combination with other material not provided by CONTRACTOR when such use in combination infringes 5 upon an existing U.S. letters patent or copyright. 6 B. CONTRACTOR shall have sole control of the defense of any such claim or suit and all 7 negotiations for settlement thereof. CONTRACTOR shall not be obligated to indemnify AGENCY under 8 any settlement made without CONTRACTOR's consent or in the event AGENCY fails to cooperate fully in 9 the defense of any suit or claim, provided, however, that said defense shall be at CONTRACTOR's 10 expense. If the use or sale of said item is enjoined as a result of such suit or claim, CONTRACTOR, at no 11 expense to AGENCY, shall obtain for AGENCY the right to use and sell said item, or shall substitute an 12 equivalent item acceptable to AGENCY and extend this patent and copyright indemnity thereto. 13 14 ARTICLE 30. FINISHED AND PRELIMINARY DATA 15 A. All of CONTRACTOR's finished technical data, developed specifically for the AGENCY, 16 including but not limited to, technical documentation and user documentation, photoprints and other 17 graphic information required to be furnished under this Agreement, shall be AGENCY's property upon 18 payment and shall be furnished with unlimited rights and, as such, shall be free from proprietary restriction
19 except as elsewhere authorized in this Agreement. CONTRACTOR further agrees that it shall have no 20 interest or claim to such finished, AGENCY-owned, technical data; furthermore, said data is subject to the 21 provisions of the Freedom of Information Act, 5 USC 552. 22 B. It is expressly understood that any title to preliminary technical data is not passed to 23 AGENCY but is retained by CONTRACTOR. Preliminary data includes roughs, visualizations, software 24 design documents, layouts and comprehensives prepared by CONTRACTOR solely for the purpose of 25 demonstrating an idea or message for AGENCY's acceptance before approval is given for preparation of 26 finished artwork. Preliminary data title and right thereto shall be made available to AGENCY if
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1 CONTRACTOR causes AGENCY to exercise Article 18 - Termination and a price shall be negotiated for 2 all preliminary data. 3 4 ARTICLE 31. LIQUIDATED DAMAGES 5 AGENCY may terminate this Agreement in whole or in part as provided in Article 18 of this 6 Agreement, and in that event, CONTRACTOR shall be liable, in addition to the excess costs provided in 7 Article 18 of this Agreement, for such liquidated damages payable as of the date of termination. AGENCY 8 shall ascertain facts and extent of the delay and may extend the time for performance of the contract when 9 in its judgment, the findings of fact justify an extension. 10 11 ARTICLE 32. FORCE MAJEURE 12 Either party shall be excused from performing its obligations under this Agreement during the time 13 and to the extent that it is prevented from performing by an unforeseeable cause beyond its control 14 including, but not limited to: any incidence of fire, flood, acts of God; commandeering of material, products, 15 plants or facilities by the federal, state or local government; national fuel shortage; or a material act of 16 omission by the other party; when satisfactory evidence of such cause is presented to the other party, and 17 provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault 18 or negligence of the party not performing.
19 20 ARTICLE 33. PRIVACY ACT REQUIREMENTS 21 CONTRACTOR shall comply with, and assures the compliance of its employees with, the 22 information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a. 23 Among other things, CONTRACTOR agrees to obtain the express consent of the Federal Government 24 before the CONTRACTOR or its employees operate a system of records on behalf of the Federal 25 Government. CONTRACTOR understands that the requirements of the Privacy Act, including the civil
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1 and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to 2 comply with the terms of the Privacy Act may result in termination of the underlying Agreement. 3 4 ARTICLE 34. INCORPORATION OF FTA TERMS 5 All contractual provisions required by Department of Transportation (DOT), whether or not 6 expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 7 4220.1F, as amended, are hereby incorporated by reference. Anything to the contrary herein 8 notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other 9 provisions contained in this Agreement. CONTRACTOR shall not perform any act, fail to perform any 10 act, or refuse to comply with any requests, which would cause AGENCY to be in violation of the FTA 11 terms and conditions. 12 ARTICLE 35. CHANGES IN FEDERAL LAWS AND REGULATIONS 13 A. CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, 14 procedures and directives, including without limitation those listed directly or by reference in the 15 agreement between the AGENCY and FTA, as they may be amended or promulgated from time to time 16 during this Agreement. CONTRACTOR’s failure to comply shall constitute a material breach of 17 contract. 18 B. If any of these changes in Federal laws and regulations causes an increase or decrease
19 in the price of this Agreement or in the time required for its performance, an equitable adjustment shall 20 be negotiated and these changes shall be subject to the same requirements stated in Article 15 of this 21 Agreement. 22 23 ARTICLE 36. NO OBLIGATION BY THE FEDERAL GOVERNMENT 24 AGENCY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence 25 by the Federal Government in or approval of the solicitation or award of the underlying Agreement, 26 absent the express written consent by the Federal Government, the Federal Government is not a party
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1 to this Agreement and shall not be subject to any obligations or liabilities to the AGENCY, 2 CONTRACTOR, or any other party (whether or not a party to this Agreement) pertaining to any matter 3 resulting from the underlying Agreement. 4 5 ARTICLE 37. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 6 RELATED ACTIONS 7 A. CONTRACTOR acknowledges that the provisions of the State of California’s False 8 Claims Act, California Govt. Code § 12650-12656, apply to its actions pertaining to this project. 9 B. CONTRACTOR further acknowledges that the provisions of the Federal Government’s
10 Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT 11 regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this 12 project. 13 C. Accordingly, by signing this Agreement, CONTRACTOR certifies or affirms the 14 truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, 15 pertaining to the underlying Agreement for which this work is being performed. CONTRACTOR also 16 acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, 17 submission, or certification, the State of California and the Federal Government reserve the right to 18 impose penalties to the extent appropriate. 19 D. The Federal Government reserves the right to impose the penalties of 18 U.S.C. §1001 20 and 49 U.S.C. §5307(n) (1) et seq. on the CONTRACTOR, to the extent the Federal Government 21 deems appropriate. 22 23 ARTICLE 38. RECYCLED PRODUCTS 24 CONTRACTOR shall comply with all the requirements of Section 6002 of the Resource 25 Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
26 regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the 27 procurement of the items designated in subpart B of 40 CFR Part 247.
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1 ARTICLE 39. ENERGY CONSERVATION 2 CONTRACTOR shall comply with mandatory standards and policies relating to energy 3 efficiency as contained in the state energy conservation plan issued in compliance with the Energy 4 Policy Conservation Act. 5 6 ARTICLE 40. CLEAN AIR 7 CONTRACTOR shall comply with all applicable standards, orders or regulations issued 8 pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONTRACTOR shall report 9 each violation to AGENCY, who will in turn, report each violation as required to assure notification to 10 FTA and the appropriate EPA Regional Office. 11 12 ARTICLE 41. CLEAN WATER 13 CONTRACTOR shall comply with all applicable standards, orders or regulations issued 14 pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 15 CONTRACTOR shall report each violation to AGENCY and understands and agrees that the AGENCY 16 who will in turn, report each violation as required to assure notification to FTA and appropriate EPA 17 Regional Office. 18
19 ARTICLE 42. FEDERAL GRANT REQUIREMENTS 20 This Agreement shall be subject to the requirements of a financial assistance grant between 21 AGENCY and the Federal Transit Administration. The CONTRACTOR and its SUBCONTRACTORS 22 performing services under this Agreement shall be required to comply with the requirements of the 23 following: the Copeland Anti-Kickback Act, the President’s Executive Order Nos. 11246 and 11375, 24 and 49 CFR Part 26. The “Certificate of Potential Contractor or Subcontractor’s Regarding Debarment, 25 Suspension, and Other Ineligibility and Voluntary Exclusion” form must be completed by 26 CONTRACTOR and all its SUBCONTRACTORS, and forwarded to AGENCY.
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1 ARTICLE 43. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
2 In accordance with 49 USC 5311, CONTRACTOR agrees to comply with the terms and
3 conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
4 Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S.
5 DOL or any revision thereto.
6
7 ARTICLE 44. CONTRACT WORK HOURS AND SAFETY STANDARDS
8 A. CONTRACTOR agrees to comply with section 107 of the Contract Work Hours and
9 Safety Standards Act, 40 U.S.C. Section 33 and also ensure compliance of its subcontractors; if
10 applicable, CONTRACTOR shall comply with DOL regulations “Safety and Health Regulation for
11 Construction” 29 CFR Part 1926.
12 B. No CONTRACTOR or SUBCONTRACTOR contracting for any part of the work which
13 may require or involve the employment of laborers or mechanics shall require or permit any such
14 laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
15 forty hours in such workweek unless such laborer or mechanic receives compensation at the rate of not
16 less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
17 such workweek.
18
19 ARTICLE 45. BUY AMERICA
20 The CONTRACTOR shall comply with the Buy-America requirements of 49 U.S.C. 5323(j) and
21 49 CFR Part 661 for all procurements of steel, iron, and manufactured products used in PROJECT.
22 Buy-America requirements apply to all purchases, including materials and supplies funded as operating
23 costs, if the purchase exceeds the threshold for small purchases (currently $100,000.00). Separate
24 requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(c) and 49 CFR 661.11. Rolling stock
25 must be assembled in the United States and have a 60 percent domestic content.
C-25
Agmt #17-008
1 ARTICLE 46. INTELLIGENT TRANSPORTATION SYSTEMS
2 To the extent applicable, the CONTRACTOR agrees to conform to the National Intelligent
3 Transportation System (ITS) Architecture and Standards as required by 23 U.S.C. Section 517(d), 23
4 U.S.C. Section 512 note, and 23 CFR Part 655 and 940, and follow the provisions of the FTA Notice,
5 “FTA National ITS Architecture Policy on Transit projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001,
6 and any other implementing directives the FTA may issue at a later date, except to the extent the FTA
7 determines otherwise in writing.
8
9 ARTICLE 47. FLY AMERICA
10 CONTRACTOR agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in
11 accordance with 41 C.F.R. Part 301-310, which provide that recipients and sub-recipients of
12 Federal funds and their contractors are required to us U.S. Flag air carriers for federally funded
13 international air travel and transportation of their personal effects or property, to the extent
14 such service is available, unless travel by foreign air carrier is a matter of necessity, as defined
15 by the Fly America Act. If a foreign air carrier is used, CONTRACTOR shall submit an
16 appropriate certification or memorandum adequately explaining why a U.S. Flag air carrier was
17 not available or used and, in any event, shall provide a certificate of compliance with the Fly
18 America requirements. CONTRACTOR agrees to include the requirements of this article in all
19 sub-contracts them may involve international air transportation.
20
21 This Agreement shall be made effective upon execution by both parties.
22 //
23 //
24 //
C-26
Agmt #17-008
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 17-008 to be executed on
2 the date first above written.
3 [CONTRACTOR] RIVERSIDE TRANSIT AGENCY 4 5 By By 6 Name: Larry Rubio 7 Title: Chief Executive Officer 8 9 10 APPROVED AS TO FORM: 11 12 By 13 James M. Donich 14 General Counsel 15
C-27
RFP 17-008
EXHIBIT D
REQUIRED FORMS
D-1
FAITHFUL PERFORMANCE BOND FOR RIVERSIDE TRANSIT AGENCY
KNOW ALL MEN BY THESE PRESENTS that ______as CONTRACTOR and ______, as SURETY, are held and firmly bound unto Riverside Transit Agency, as RTA, in the penal sum of ______Dollars ($ ______), which is Ten PERCENT (10%) of the average of the first three contract year amounts (the ‘base term’) for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with RTA for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and in effect in favor of RTA; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ______day of ______, 20_____, CONTRACTOR * ______
SURETY * ______Subscribed and sworn to this ______day of ______, 20_____.
NOTARY REPUBLIC • Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.
D-2
CERTIFICATION OF PRIMARY PARTICIPANT Regarding Debarment, Suspension and Other Responsibility Matters
For use by prime contractors submitting a proposal in an amount equal to or greater than $25,000.
The certifies to the best of its knowledge and (firm name/principal) belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
The primary participant, certifies or (firm name/principal) affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto.
Signature and Title of Authorized Official
D-3
CERTIFICATION OF LOWER-TIER PARTICIPANTS Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion
For use by sub-contractors who submitted proposals to the prime contractor in an amount equal to or greater than $25,000.
The (firm name/principal) certifies by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participant in this transaction by any Federal department or agency.
If unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.
The (firm name/principal) certifies or affirms the truthfulness and accuracy of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto.
Signature and Title of Authorized Official
D-4
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, ______, hereby certify on behalf (name of proposer) of
______that: (name of company)
(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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 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 of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence 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 of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in all subcontracts, and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this day of ___ , 20
By (signature of authorized official)
(title of authorized official)
Agreement No. 17-008
D-5
CERTIFICATION OF DRUG FREE WORKPLACE
I, ______(name of authorized official), hereby certify on behalf of (name of company) that the CONTRACTOR named above, and all Sub-Contractors working on this contract, will comply with California Government Code Section 8355 in matters relating to providing a drug-free workplace. The CONTRACTOR and all Sub-Contractors will therefore: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by California Government Code Section 8355(a). 2. Establish a Drug-free Awareness Program, as required by California Government Code Section 8355(b), to inform employees all of the following: a. The dangers of drug abuse in the workplace; b. The firm’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation and employee assistance programs, and; d. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract. 3. Provide, as required by California Government Code Section 8355(c), that every employee who works on the proposed contract: a. Will receive a copy of the firm’s drug-free policy statement, and; b. Will agree to abide by the terms of the firm’s statement as a condition of employment on the contract.
CERTIFICATION:
I, ______(name of authorized official), hereby certify that the above-named company, which I am duly authorized to represent, will comply with the Drug Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.
Executed this ______day of , 20 ______.
Signature of Authorized Official Title
D-6
PARTY DISCLOSURE FORM Information Sheet
RIVERSIDE TRANSIT AGENCY
California Government Code §84308, commonly referred to as the “Levine Act,” precludes an officer, and his or her alternate, of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and three months following the decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any officer, or on behalf of any candidate for office or on behalf of any committee.
IMPORTANT NOTICE
Basic Provisions of Government Code Section 84308
A. If you are an applicant for, or the subject of, any proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after a final decision is rendered by the Board of Directors. In addition, no board member or alternate may solicit or accept a campaign contribution of more than $250 from you during this period.
B. These prohibitions also apply to your agents, and, if you are a closely held corporation, to your majority shareholder as well. These prohibitions also apply to your subcontractor(s), joint venture(s), and partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you.
C. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed more than $250 to any board member or his or her alternate during the 12-month period preceding the filing of the application or the initiation of the proceeding.
D. If you or your agent have in the aggregate contributed more than $250 to any individual board member or his/or her alternate during the 12 months preceding the decision on the application or proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the board member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Party Disclosure Form should be completed and filed with your proposal, or with the first written document, you file or submit after the proceeding commences.
D-7
1. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts), and all franchises.
2. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting firm, or similar business entity, both the business entity and the individual are “agents.”
3. To determine whether a campaign contribution of more than $250 has been made by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever is shorter. Contributions made by your majority shareholder (if a closely held corporation), your subcontractor(s), your joint venture(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different directors or their alternates are not aggregated.
4. A list of the members and alternates of the Board of Directors is attached.
This notice summarizes the major requirements of Government Code Section 84308 of the Political Reform Act and 2 Cal. Adm. Code Sections 18438-18438.8.
D-8
PARTY DISCLOSURE FORM RIVERSIDE TRANSIT AGENCY - AND ITS AFFILIATED AGENCIES
_____ No contributions have been made during the preceding 12 months. (Skip following portion and have authorized person sign where indicated.)
______Contributions have been made during the preceding 12 months as detailed below.
Party’s Name: ______
Party’s Address: ______Street ______City State Zip Phone Application or Proceeding Title and Number:______
Board Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contribution(s) in the preceding 12 months:
Name of Member:______
Name of Contributor (if other than Party): ______Date(s): ______Amount(s): ______
Name of Member: ______Name of Contributor (if other than Party): ______
Date(s): ______
Amount(s): ______
Name of Member: ______
Name of Contributor (if other than Party):______
Date(s): ______
Amount: ______
Date: ______
Signature of Party and/or Agent
D-9
RTA Board Members & Alternates 2017
City of Banning: Council Member Art Welch City of Murrieta: Council Member Randon (Mayor George Moyer, Alternate) Lane (Council Member Alan Long, Alternate)
City of Beaumont: Council Member Mark Orozco City of Norco: Council Member Berwin (Mayor Pro Tem Nancy Carroll, Alternate) Hanna (Mayor Pro Tem Ted Hoffman, Alternate)
City of Calimesa: Council Member Linda Molina City of Perris: Council Member Tonya T. (Council Member Ed Clark, Alternate) Burke (Council Member Rita Rogers, Alternate)
City of Canyon Lake: Mayor Dawn Haggerty City of Riverside: Council Member Andy (Council Member Randy Bonner, Alternate) Melendrez (Council Member Mike Gardner, Alternate)
City of Corona: Mayor Dick Haley (Council County of Riverside, District I: Supervisor Member Jason Scott, Alternate) Kevin Jeffries (Jerry Sincich, Alternate-At – Large; Legislative Analyst Tricia Almiron, Alternate)
City of Eastvale: Council Member Brandon Plott County of Riverside, District II: Supervisor (Council Member Todd Rigby, Alternate) John Tavaglione (Frank Johnston, Alternate- At-Large; (Donna Johnston, Alternate-At- Large; Andrea Puga, Alternate-At-Large)
City of Hemet: Mayor Linda Krupa (Council County of Riverside, District III: Supervisor Member Karlee Meyer, Alternate) Chuck Washington (Chief of Staff Jeff Comerchero, Alternate)
City of Jurupa Valley: Council Member Anthony County of Riverside, District V: Supervisor Kelly (Council Member Brian Berkson, Marion Ashley (Chief of Staff Jaime Hurtado, Alternate) Alternate; Board Assistant Barry Busch, Alternate; Legislative Assistant, Legislative Assistant Deborah Rose, Alternate)
City of Lake Elsinore: Council Member Daryl City of San Jacinto: Mayor Pro Tem Alonso Hickman (Mayor Robert Magee, Alternate) Ledezma (Council Member Andrew Kotyuk, Alternate)
City of Menifee: Council Member Greg August City of Temecula: Mayor Maryann Edwards (Council Member Lesa Sobek, Alternate) (Mayor Pro Tem Matt Rahn, Alternate)
City of Moreno Valley: Council Member David City of Wildomar: Mayor Bridgette Moore Marquez (Dr. Yxstian A. Gutierrez Mayor, (Council Member Marsha Swanson, Alternate) Alternate)
D-10
PARTICIPANT DISCLOSURE FORM Information Sheet
RIVERSIDE TRANSIT AGENCY
California Government Code §84308, commonly referred to as the “Levine Act,” precludes an officer, and his or her alternate, of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and three months following the decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any officer, or on behalf of any candidate for office or on behalf of any committee.
IMPORTANT NOTICE
Basic Provisions of Government Code Section 84308
A. If you are a participant in a proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date you begin to actively support or oppose an application for license, permit, or other entitlement for use pending before the Riverside Transit Agency or any of its affiliated agencies, and continues until three months after a final decision is rendered on the application or proceeding by the Board of Directors.
No board member or alternate may solicit or accept a campaign contribution of more than $250 from you and/or your agency during this period if the board member or alternate knows or has reason to know that you are a participant.
B. The attached disclosure form must be filed if you or your agent have contributed more than $250 to any board member or alternate for the Riverside Transit Agency or any of its affiliated agencies during the 12-month period preceding the beginning of your active support or opposition. (The disclosure form will assist the board members in complying with the law.)
C. If you or your agent have made a contribution of more than $250 to any board member or alternate during the 12 months preceding the decision in the proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a participant in the proceeding.
The Participant Disclosure Form should be completed and filed with the proposal submitted by a party, or should be completed and filed the first time that you lobby in person, testify in person before, or otherwise directly act to influence the vote of the board members of the Riverside Transit Agency or any D-11
of its affiliated agencies.
1. An individual or entity is a “participant” in a proceeding involving an application for a license, permit or other entitlement for use if: a. The individual or entity is not an actual party to the proceeding, but does have a significant financial interest in the Riverside Transit Agency’s or one of its affiliated agencies’ decision in the proceeding.
AND b. The individual or entity, directly or through an agent, does any of the following:
(1) Communicates directly, either in person or in writing, with a board member or alternate of the Riverside Transit Agency or any of its affiliated agencies for the purpose of influencing the member’s vote on the proposal;
(2) Communicates with an employee of the Riverside Transit Agency or any of its affiliated agencies for the purpose of influencing a member’s vote on the proposal; or
(3) Testifies or makes an oral statement before the Board of Directors of the Riverside Transit Agency or any of its affiliated agencies.
2. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use; all contracts (other than competitively bid, labor, or personal employment contracts) and all franchises.
3. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit, or other entitlement for use. If an agent acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar business entity or corporation, both the business entity or corporation and the individual are agents.
4. To determine whether a campaign contribution of more than $250 has been made by a participant or his or her agent, contributions made by the participant within the preceding 12 months shall be aggregated with those made by the agent within the preceding 12 months or the period of the agency, whichever is shorter. Campaign contributions made to different members or alternates are not aggregated.
5. A list of the members and alternates of the Board of Directors is attached.
This notice summarizes the major requirements of Government Code Section 84308 and 2 Cal. Adm. Code Sections 18438-1 8438.8.
D-12
PARTICIPANT DISCLOSURE FORM - RIVERSIDE TRANSIT AGENCY AND ITS AFFILIATED AGENCIES
______No contributions have been made during the preceding 12 months. (Skip following portion and have authorized person sign where indicated below.)
______Contributions have been made during the preceding 12 months as detailed below.
Party’s Name: ______
Party’s Address: ______Street Address ______City State Zip Phone
Application or Proceeding Title and Number: ______
Board Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contribution(s) in the preceding 12 months:
Name of Member: ______Name of Contributor (if other than Party): ______
Date(s): ______
Amount(s): ______
Name of Member: ______Name of Contributor (if other than Party): ______
Date(s): ______
Amount(s): ______
Name of Member: ______Name of Contributor (if other than Party): ______
Date(s): ______
Amount(s): ______
Date: ______
Signature of Party and/or Agent
D-13
RTA Board Members & Alternates 2017
City of Banning: Council Member Art Welch City of Murrieta: Council Member Randon (Mayor George Moyer, Alternate) Lane (Council Member Alan Long, Alternate)
City of Beaumont: Council Member Mark Orozco City of Norco: Council Member Berwin (Mayor Pro Tem Nancy Carroll, Alternate) Hanna (Mayor Pro Tem Ted Hoffman, Alternate)
City of Calimesa: Council Member Linda Molina City of Perris: Council Member Tonya T. (Council Member Ed Clark, Alternate) Burke (Council Member Rita Rogers, Alternate)
City of Canyon Lake: Mayor Dawn Haggerty City of Riverside: Council Member Andy (Council Member Randy Bonner, Alternate) Melendrez (Council Member Mike Gardner, Alternate)
City of Corona: Mayor Dick Haley (Council County of Riverside, District I: Supervisor Member Jason Scott, Alternate) Kevin Jeffries (Jerry Sincich, Alternate-At – Large; Legislative Analyst Tricia Almiron, Alternate)
City of Eastvale: Council Member Brandon Plott County of Riverside, District II: Supervisor (Council Member Todd Rigby, Alternate) John Tavaglione (Frank Johnston, Alternate- At-Large; (Donna Johnston, Alternate-At- Large; Andrea Puga, Alternate-At-Large)
City of Hemet: Mayor Linda Krupa (Council County of Riverside, District III: Supervisor Member Karlee Meyer, Alternate) Chuck Washington (Chief of Staff Jeff Comerchero, Alternate)
City of Jurupa Valley: Council Member Anthony County of Riverside, District V: Supervisor Kelly (Council Member Brian Berkson, Marion Ashley (Chief of Staff Jaime Hurtado, Alternate) Alternate; Board Assistant Barry Busch, Alternate; Legislative Assistant, Legislative Assistant Deborah Rose, Alternate)
City of Lake Elsinore: Council Member Daryl City of San Jacinto: Mayor Pro Tem Alonso Hickman (Mayor Robert Magee, Alternate) Ledezma (Council Member Andrew Kotyuk, Alternate)
City of Menifee: Council Member Greg August City of Temecula: Mayor Maryann Edwards (Council Member Lesa Sobek, Alternate) (Mayor Pro Tem Matt Rahn, Alternate)
City of Moreno Valley: Council Member David City of Wildomar: Mayor Bridgette Moore Marquez (Dr. Yxstian A. Gutierrez Mayor, (Council Member Marsha Swanson, Alternate) Alternate) Updated 01-12-2017 D-14
AFFIDAVIT OF NON-COLLUSION (required) Submit this form with the Price Proposal, failure to do so is grounds for disqualification. I hereby swear (or affirm) under penalty of perjury that: 1. I am the bidder (if the bidder is an individual), a partner in the bid (if the bidder is a partnership), or an officer or employee of the bidding corporation and have authority to sign on its behalf (if the bidder is a corporation); 2. The bidder has independently produced the attached bid(s) without collusion, agreement, understanding or planned common course of action, with any other source, that would limit independent bidding competition; 3. The contents of the bid(s) have not been communicated by the bidder and or its employees and or agents to any person not an employee and or agent of the bidder and or its surety, on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid, and 4. I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Bidder’s Company Name Legal Structure (corp./partner/proprietor) Principal Office Address City, ST, Zip Phone Number Fax Number E-Mail Federal Employer Identification Number Title of Person Authorized to Sign Print Name of Person Authorized to Sign
Date Signed by Authorized Signatory
D-15