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Agenda Packet 2002/03/12
CITY COUNCIL AGENDA March 12, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CITY OF CHUIA VISTA City Council Cit. y Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA March 12, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY JOHN LIPPITT, DIRECTOR OF PUBLIC WORKS, OF THE EMPLOYEE OF THE MONTH, RICARDO MORALES, EQUIPMENT MECHANIC II · RECOGNITION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY PROMOTED POLICE DEPARTMENT EMPLOYEES: AGENTS JOE CARGEL, MARK RATCHFORD, DAVID PADILLA, AND ACTiNG SERGEANT VERN SALLEE · INTRODUCTION OF AND OATH OF OFFICE FOR RECENTLY HIRED LATERAL POLICE OFFICER, TONY GONZALES · iNTRODUCTION BY CITY MANAGER ROWLANDS OF CATHERINE HILL, SAN DIEGO AND IMPERIAL COUNTIES' REGIONAL REPRESENTATIVE FOR THE LEAGUE OF CALIFORNIA CITIES CONSENT CALENDAR (Items 1 through 7) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of February 26, 2002. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from Evette Garcia, Chula Vista resident and sixth grade student of Chula Vista Learning Community Charter School, requesting financial assistance to attend the 2002 People to People Student Ambassador program in England. Staff reconunendation: $50 from the Council Contingency Account be granted to Evette Garcia toward expenses incurred for her attendance at the People to People Student Ambassador program. B. Letter of resignation from David McClurg, member of the Town Centre Project Area Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post immediately according to Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY APPROPRIATING $20,000 FROM THE UNAPPROPRIATED BALANCE OF THE EASTLAKE MAINTENANCE DISTRICT (SALT CREEK I) ZONE D RESERVES FOR INCREASED MAINTENANCE; AND AMENDING THE PROPOSED FISCAL YEAR 2002/2003 SPENDING PLAN TO ALLOW FOR ADDITIONAL WATER ($5,000) AND MATERIALS TO MA1NTAIN BUILDINGS AND GROUNDS ($15,000) FOR EASTLAKE MAINTENANCE DISTRICT (SALT CREEK I) ZONE D (4/5THS VOTE REQUIRED) Adoption of the resolution adjusts the budget for the Eastlake Maintenance District (Salt Creek I) Zone D, in order to provide additional maintenance and supplemental imgation to propagate new plantings in declining slope areas. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MUNIFINANCIAL, LLC, FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICTS FOR EASTLAKE III WOODS & VISTAS, MCMILLIN COMPANY VILLAGE 6, OTAY RANCH VILLAGE 6, BROOKFIELD- SHEA-OTAY VILLAGE 11, VILLAGE 12 FREEWAY COMMERCIAL AND EASTLAKE LAND SWAP PARCEL, PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND RETAINING THE FIRM OF BEST, BEST AND KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICTS FOR EASTLAKE III WOODS & VISTAS, MCMILLIN COMPANY VILLAGE 6, OTAY RANCH VILLAGE 6, BROOKFIELD-SHEA-OTAY VILLAGE 11, VILLAGE 12 FREEWAY COMMERCIAL AND EASTLAKE LAND SWAP PARCEL, PURSUANT TO THE MELLO-ROOS COMITY FACILITIES ACT OF I982, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves agreements with special tax consultants and legal counsel with expertise in the formation of maintenance community facilities districts, pursuant to the Mello-Roos Community Facilities Act of 1982. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. Page2 - CouncilAgenda 03/12/02 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLAIM AND APPROPRIATION OF PRIOR YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $60,000 FOR THE ACQUISITION OF A TRANSIT FLEET MANAGEMENT SYSTEM (4/5THS VOTE REQUIRED) Sixty thousand dollars will be used to support the acquisition of the Faster Fleet maintenance system and computer equipment for transit at the new corporation yard. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VSITA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE SCHMIDT DESIGN GROUP, 1NC., LANDSCAPE ARCHITECTS, AND TRIMARK PACIFIC HOMES, L.P., A CALIFORNIA LIMITED PARTNERSHI]?, FOR ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Trimark Pacific Homes proposes to develop a community park within the San Miguel Ranch Community in order to satisfy the parkland obligation for the San Miguel Ranch project. (Director of Bmldmg and Park Construction) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY ADDING A PERMANENT SECRETARY POSITION IN THE PLANNING AND BUILDING DEPARTMENT The proposed position is intended to support the Advance Planning, Growth Management, and General Plan Update sections of the department, as well as serve as the secretary for the Growth Management Oversight Commission and the General Plan Advisory Committee. The department proposes conversion of hourly wages to fund the position. (Director of Plauning and Building) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. Page3 - CouncilAgenda 03/12/02 PUBLIC HEARING The following item has been advertised and/or posted as a public hearing as required by law. If you wish to speak on this item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. REPORT REGARDING THE CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM, WHICH INCLUDES CONSiDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the Home Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. (Director of Community Development) Staff recommendation: Council conduct the public hearing, accept the report, and direct staff to return with the final funding recommendations. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BiDS, REJECTING THE LOWEST BID, AWARDING THE CONTRACT FOR THE BONITA ROAD PAVEMENT REHABILITATION AND DRA1NAGE IMPROVEMENT 1N THE CITY (PROJECT ST-981); AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO INCREASE THE VALUE OF THE CONTRACT AND ADD STREETS AS NECESSARY 1N ORDER TO EXPEND ALL AVAILABLE FISCAL YEAR 2000/2001 AB2928 FUNDS IN PROJECT ST-981, IN CONFORMANCE WITH STATE REQUIREMENTS; AND AUTHORIZING THE CITY MANAGER TO TRANSFER MINOR ADDITIONAL FISCAL YEAR 2001/2002 AB2928 FUNDS FROM PROJECT DR-158 AS NEEDED TO COMPLETE SAID ADDITIONAL STREETS On January 23, 2002, the Director of Public Works received sealed bids for the Bonita Road pavement rehabilitation and drainage project. The work to be done consists of resurfacing of deteriorating pavement on Bonita Road, between Willow Street and Otay Lakes Road, and the rehabilitation of corrugated steel storm drainpipe. The limits of the Bonita Road pavement overlay are from the easterly side of Willow Street to the westerly side of Otay Lakes Road. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 03/12/02 10. REPORT ON ALL-WAY STOP EVALUATION ON NORTH GREENSVIEW DRIVE AT EASTRIDGE LOOP/GOLFCREST LOOP As requested by a Chun Vista resident, staff evaluated this intersection utilizing the latest Council Policy, and recommended denial of the all-way stop control installation. At the Safety Conunission meeting of November 11, 2001, the conunissioners supported the installation of the all-way stop control. Also, during the meeting, members of the public presented further evidence that supported the need for the all-way stop. Based on the new findings, staff concurred with the Safety Commission's recommendation to install the stop signs. A Chun Vista resident contacted then Deputy Mayor Davis, stating his opposition to the all-way stop installation, and at the December 4, 2001 City Council meeting, she asked that the matter be brought forward for Council review. (Director of Public Works) Staffrecommendation: Council accept the report and authorize the installation of the all- way stop. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATC/VANCOM, iNC. FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF THE CVT FLEET FOR THE PERIOD JULY 1, 2002 THROUGH JUNE 30, 2007 Our current agreement with Chun Vista Transit terminates on June 30, 2002. In a cooperative effort, Transit staff worked with Metropolitan Transit Development Board (MTDB) staff to develop and issue a Request for Technical Proposals (RFTP) in a two- step process with a service start date of July 1, 2002. Four proposals were received and evaluated by a five-member panel. The panel found ATC/Vancom, Inc. (ATC) and Laidlaw Transit Services, Inc. as meeting all of the qualifying criteria. The second step was to open the sealed bids of those firms that were found qualified. As a result of the bid opening on February 15, 2002, ATC was found to be the apparent low bidder. (Director of Public Works) Staffrecommendation: Council adopt the resolution. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS A. Scheduling of meetings. 13. MAYOR'S REPORTS 14. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of March 19, 2002, at 6:00 p.m. in the Council Chambers. Page 5 - CouncilAgenda 03/12/02 !<ev/'çd- I declare under penalty of pe~ury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements, O. A ENDA Dated.9>-'/:2.-CO-- Signed ~lÞ5 . March lZ, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis,¡Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JOHN LIPPI~~,_DIRECTOR OF PUBLIC WORKS, OF THE EMPLOYEE OF THE MONTH, RICAIKlJO MORALES, EQUIPMENT MECHANIC II RECOGNITION BY POLICE CHI~F RICHARD EMERSON OF RECENTLY PROMOTED POLICE DEPARTMENT EMPLOYEES: AGENTS JOE CARGEL, MARK RATCHFORD, DAVID PÞiDILLA, AND ACTING SERGEANT VERN SALLEE . . . INTRODUCTION OF AND OATHS OF OFFICE FOR RECENTLY HIRED LATERAL POLICE OFFICERS, TONY GONZALES AND BRANDON HITTLE INTRODUCTION BY CITY MANAGER ROWLANDS OF CATHERINE HILL, SAN DIEGO AND IMPERIAL COUNTIE$' REGIONAL REPRESENTATIVE FOR THE LEAGUE OF CALIFORNIA CITIES . CONSENT CALENDAR (Items I through 7) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by ¡one motion, without discussion, unless a Councilmember, a member of the pub~ic, or City staff requests that an item be removed for discussion. IJyou wish to ~peak on one of these items, please fill out a "Request to Speak" form (available i1¡ the lobby) and submit it to the City Clerk prior to the meeting. Items pulled fro7/! the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of February 26, 2002. Staff recommendation: Council approv~ the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from Evette Garcia, ChU~. Vista resident and sixth grade student of Chula Vista Learning Community Carter School, requesting financial assistance to attend the 2002 People to Peopl Student Ambassador program in England. Staff recommendation: $50 fto!þ the Council Contingency Account be granted to Evette Garcia toward expenses ij¡curred for her attendance at the People to People Student Ambassador program. Memo To: Susan Bigelow, City Clerk From: Armando Buelna, Assistant to the Mayor and Council Date: Februap/2I, 2002 Re: Letter from Evette Garcia Evette Gamia, a Chula Vista resident and 6th grade student from Chula Vista Leaming Community Charter School, has requested financial assistance to attend the 2002 People to People Student Ambassador program in England. Staff recommendation: That $50 from the Council Contingency Account (7901) be granted to Evette Gamia toward expenses incurred for her attendance at the People to People Student Ambassador program. Please place this item on the next City Council agenda for their consideration. ab PEOPLE STUDENT AMBASSADOR PROGRAM Celeb~:i~g Femr Decades sf l ~ Exchange Janurary25,2002 };Q(& D~Q~ ' l My name is Evette Garcia, and I am a 6th grade student from Chula Vista Elementary School. I was recently interviewed and accepted to participate as a member of the California People to People Student Ambassador program tiffs sununer. My assigned destination is England. This 14 day program of exchange consists of meeting with government officials, interaction with other students my age, educational activities, and home visits with host families. In case you haven't heard of People to People, I have enclosed a descriptive brochure. President Dwight Eisenhower founded People to People in 1956. He believed that if people from different cultures could come together in peace and friendship, so eventually would countries. Other programs like sister cities, Project Hope, and Pen Pals were founded at the same time as People to People and have become independent programs since then. Student Ambassadors are carefifily interviewed and evaluated before their acceptance, and we are excited to share our experience with schools and civic clubs when we return. As a student ambassador with People to People, I can also earn high school and college credit because of the many educational elements in my program. Personally, I would like to become a Student Ambassador because [ will be given the chance to represent the United States overseas. The tu/tion program is $3,874.00, which includes meals, transportation, accommodations, and educational activities. [ am currently seeking financial sponsors to help me with my goal. I have calculated that [ can reach my goal by receiving a donation amount of $39.00 from 100 contributors, although any donation amount will be greatly appreciated for my cause. Is it possible for you to assist me by making a contribution? I plan to give a speech and share my journal, photographs and experiences with all my contributors upon my return. My program tuition is due by May 1, 2002. Checks may be made payable to the People to People Student Ambassador Program and forwarded to me at 568 Canyon Drive, Bonita, CA 91902. My student Ambassador ID Number is 592170 Your generous donation will enable me to share in this wonderful program. I thank you in advance for your gracious consideration and support. Sincerely yours, Evette Garcia Student Ambassador Melo Garcia Parent (619) 482-6394 ? - -Original Message From: McInsSvc@post0ffice.pacbell.net [mailto!McInsSvc@postof~ice.pacbell.net] Sent: Monday, March 04, 2002 9:07 AM To: bestes@ci.chula vista.ca.us Subject: PAC Committee Dear Byron, & CV ~wa~ts~ some personal issues that w±th! ~ ~ mY res~h~on and I apologize for any Sincerely, David P. McClur9 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 03/12/02 ITEM TITLE: Resolution Amending the FY 01/02 budget by appropriating $20,000 from the un-appropriated balance of the Easflake Maintenance District (Salt Creek I) Zone D reserves for increased maintenance; and amending the proposed FY 02/03 spending plan to allow for additional water ($5,000) and materials to maintain buildings and grounds ($15,000) for Eastlake Maintenance District (Salt Creek I) Zone D. SUBMITTEDBY: DirectorofPublicWorks, s,s~, ~// REVIEWED BY: City Manager f~ ~ (4/5tbs Vote: Yes X No .) The purpose of this report is to adjust the budget £or the Eastlake Mainter~ance District (Salt Creek I) Zone D in order to provide additional maintenance and supplemental irrigation to propagate new plantings in declining slope areas. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That City Council amend the FY 01/02 budget by appropriating $20,000 from the un-appropriated balance o£ the Eastlake Maintenance District (Salt Creek I) Zone D reserves £or increased maintenance; and amending the proposed FY 02/03 spending plan to allow for additional water ($5,000) and materials to maintain buildings and grounds ($15,000) for Eastlake Maintenance District (Salt Creek 1) Zone D. DISCUSSION: In August of 1994, at the time of turnover of Easflake Maintenance District (Salt Creek I) Zone D, residents appeared before Council to protest their open space assessment. As a result, Council directed staff to work with the residents in order to revise the landscape maintenance program in order to reduce the budget and assessment. As a result, the following reductions were made: 1. Funds for plant replacements; 2. Funds for wall and fence repairs; and 3. Irrigation budget by eliminating irrigation on large tracts of slope plantings (primarily the west facing slopes adjacent to the SR 125 corridor). In preparation of the collectible for FY 01/02 and FY 02/03, the Assessment Engineer initiated a more precise methodology in calculating, apportioning, and tracking reserves of the Eastlake Maintenance District and special "zones'. This methodology resulted in a larger reserve for the Page 2, Item ~ Meeting Date 03/12/02 district, thereby, allowing for additional maintenance to occur within Zone D without increasing the collectible. The reserves for this district will remain at 100% but the collectible amount was reduced from $176.97 in FY00/01 to $159.93 for the current fiscal year, a reduction of $17.04 or 10%. However, the FY 01/02 budget was approved prior to completion of the revised methodology. Therefore, staff is requesting minor additions to the Zone "D" operat'mg budget to provide the above-mentioned enhancements, which are now desired by the residents within the district. Budget increases are as follows: Account Description Amount 35340-6574 Water $ 5,000 35340-6911 Materials to Maintain Bldgs & Grounds $15,000 TOTAL $20,000 FISCAL IMPACT: The recommended budget amendments will allow increased expenditures ($20,000) to be made within Eastlake Maintenance District (Salt Creek I) Zone D, without exceeding authorized spending levels. The assessment to fund this district, which is done annually, is correct for FY 01/02 and the revenues have been collected to cover the anticipated expenditures for the current fiscal year. Therefore, there is no impact to the General Fund. File: 0330-40-AJ 0930-30-OSD General K:kl>ublie Works Operations~A 113 Open SI~ee Budget Corrections FY02.doc RESOLUTION NO. 2002-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 01102 BUDGET BY APPROPRIATING $20,000 FROM THE UNAPPROPRIATED BALANCE OF THE EASTLAKE MAINTENANCE DISTRICT (SALT CREEK I) ZONE D RESERVES FOR INÇREASED MAINTENANCE; AND AMENDING THE PROPOSED FY 02/03 SPENDING PLAN TO ALLOW FOR ADDITIONAL WATER ($5,000) AND ~ATERIALS TO MAINTAIN BUILDINGS AND GROUNDS ($15,000) FOR EASTLAKE MAINTENANCE DISTRICT (SALT CREEK I) ZONE D WHEREAS, it is necessary to adjust the budget for the Eastlake Maintenance District (Salt Creek I) Zone D in order to provide additional maintenance and supplemental irrigatiqn to propagate new plantings in declining slope areas. NOW, THEREFORE, BE IT RE$OL VED that the City Council of the City ofChula Vista does hereby amend the FY 01102 Budget by appropriating $20,000 from the unappropriated balance of the Eastlake Maintenance District (Salt Creek I) Zone D Reserves for increased maintenance. BE IT FURTHER RESOLVED that the Proposed FY 02/03 Spending Plan be amended to allow for additional "tater ($5,000) and materials to maintain buildings and grounds ($15,000) for Eastlake Maintenance District (Salt Creek I) Zone D. Presented by Approved as to form by .~.=; N~ City Attorney John P. Lippitt Director of Public Works JlattomeylcesolELMD Zone D approp 3-5' COUNCIL AGENDA STATEMENT Item /7~ Meeting Date 3/12/02 ITEM TITLE: Resolution Approving an agreement with MuniFinancial, LLC for Special Tax Consultant Services for the Formation of Maintenance Community Facilities Districts for Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 1 I, Village 12 Freeway Commercial and Eastlake Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982", and authorizing the Mayor to execute said Agreement. Resolution Waiving the consultant formal selection process and approving an agreement retaining the firm Best Best and Krieger, LLP, as the Special Tax Legal Counsel for the Formation of Maintenance Community Facilities Districts for Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial and Eastlake Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982', and authorizing the Mayor to execute said Agreement SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ff'~'v (4/Sths Vote: Yes No X ) This report discusses the selection process for retaining a special tax consultant with expertise in the fbrmation of Maintenance Community Facilities Districts, pursuant to the "Mello-Roos Community Facilities Act of 1982" and the justification for waiving the formal consultant selection process for the Special Tax Legal Counsel. ILECOMMENDATION: That Council approve thc resolutions approving the agreements with MuniFinanciai, LLC for Special Tax Consultant Services and with Best Best and Krieger, LLP for Special Tax Legal Counsel Services lbr the Formation of Maintenance Districts for Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial, and Eastlake Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982", and authorizing the Mayor to sign said agreements. BOARDS/COMMISSIONS RECOMMENDATION: N/A. Page 2 Item ~1 Meeting Date 3/12/02 DISCUSSION: Staff prepared and issued a Request for Proposals (RFP) in November 2001 with the intent to negotiate a contract for the Special Tax Consultant Services for the proposed Community Facilities Districts (CFD) ~vithin Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial and Eastlake Land Swap Parcel projects. A total of three (3) proposals were received, and in accordance with the City Municipal Code Section 2.56, a selection committee, as appointed by the City Manager, reviewed the proposals and interviewed all three consultant teams on January 23, 2002. The selection committee consisted of the following five City staff members with expertise in their respective areas: Joel Chew, Open Space Coordinator Mary Hofmockel, Principal Landscape Architect Bill Ullrich, Senior Civil Engineer Dino Serafini, Civil Engineer Boushra Salem, Assistant Civil Engineer The selection committee selected MuniFinancial as the most qualified for these maintenance district formations. The three firms who submitted proposals were ranked by the selection committee in order of preference as follows: 1) MuniFinancial 2) McGill Martin Self 3) David Taussig & Associates McGill Martin Self and David Taussig & Associates were both determined to be qualified to provide the services and have been designated as negotiation alternates. The selection committee based their decision on several key factors such as: the consultant's past experience with similar projects, work history with other public agencies, quality of presentation, directness of answers to questions posed by the committee and ability to meet a tight project schedule. The fundamental criteria that the committee used to evaluate the proposals involved evaluation of the consultant and subconsultant strengths and expertise in their respective fields, the consultant's understanding of the project's need for a CFD-based landscaping maintenance district, familiarity with the San Diego Regional National Discharge Elimination System Permit (NPDES) requirements for storm water, ability to meet the City's and Developer's schedule, previous experience in establishing similar districts on time and within budget, demonstrated understanding of the City' s CFD policy and ability to focus on the City's and Developers requirements for this type of financing mechanism. Staff negotiated an agreement with MuniFinancial to provide special tax consultant services for the six proposed CFDs. This agreement is now before Council for approval. The amount of the services already contracted out with MuniFinancial during FY 2001-02 is $182,276. No contract was entered into during FY 2000-01. MuniFinancial will provide the special tax consultant services for the Page 3 Item Meeting Date 3/12/02 formation of all the Maintenance Community Facilities Districts on a single fixed fee basis in the amount set forth below: Single Fixed Fee Amount: $17,200 for Eastlake III Woods & Vistas $16,450 for McMillin Village 6 $16,450 for Otay Ranch Village 6 $16,450 for Brookfield-Shea-Otay Village 11 $14,310 for Village 12 Freeway Commercial $14,685 for Eastlake Land Swap Total for the six districts = $95,545 The special tax counsel selected by the City, under a separate agreement, to provide the Special Tax Legal Counsel Services during the formation of all of the districts for these projects is Warren Diven, Attorney, of the law firm of Best Best & Krieger, LLP. Best, Best & Krieger, LLP will provide legal counseling during the formation of all the districts for a tee not to exceed $10,000 for each district (total of $60,000 for the six districts). Warren Diven, cun'ently "of counsel" to Best Best & Krieger, would be lead counsel for the firm and would be responsible for the delivery of all legal services for this agreement. Mr. Diven was selected based on the quality of previous similar work performed in association with the City's formation of various financing districts over a period of 15 years. Mr. Divert is very familiar with the current development in eastern Chula Vista. He has provided legal services to the City for the formation of major open space districts in that area (Eastlake i, Rancho Del Rey, Sunbow, and Otay Ranch). In addition, he has been the legal counsel on the majority of the existing assessment and CFDs formed to finance the construction of backbone facilities serving the major developments in the area. The amount paid to Best Best & Krieger for legal counsel services during FY 2000-0 l is $38,367 and for FY 2001-02 is $106,418. Staff recommends that the City's consultant selection process for the legal counsel be waived in the interest of providing a consultant: © That has demonstrated an ability to work together efficiently on past & present projects, o That possesses extensive knowledge and experience in this type of work, o That has mastered a unique understanding of the development issues in the City of Chula Vista. Scope of Work The scope of work for the Special Tax Consultant Services includes all the necessary requirements for the formation of the maintenance Community Facilities Districts. The scope of work for Special Tax Legal Counsel Services includes all necessary special counsel services relating to the formation and ongoing administration of each of the districts. The proposed districts will finance the maintenance of improvements including, but not limited to, open space lots, street medians and parkways along City's Class III Streets or higher, naturalized drainage channels, detention basins, and other miscellaneous Eastlake III Woods & Vistas Wo~ds ....:: Land Use CDP Acres duJec DU ~:,., Single Family L 6.5.8 1.0 64 Single Family L 34.0 1.7 59 Single Family L 40.6 1.9 77 Single Fau~ity L 46.6 3.0 139 Single Family L 29.2 2.4 71 Residential Sub-total (Woods East) 216.2 1.9 410 Single Family LM 24.7 5.5 135 Single Family LM 16.3 6.7 122 VR-8 Lower Otay Re~iden~st Sub-total (Woods West) 43.0 6.0 257 VR-3 Reservoir Residential Sub~ota[ (Woods): 259.2 2.6 667 Vtatas Single Family L 22.8 2.5 56 Single Family L 22.3 3.0 66 Single Family L 36.9 3.1 116 Single Family LM 23.6 3.5 82 C-1 Single Family LM 17.g 3.7 67 Single Family LM 26.5 4.8 126 C-2 Single Family LM 18.1 5.5 99 Single FamSy LM 25.4 6.6 168 Single~viulfi-Family M 7.3 10.0 73 MultbFami~y MH 7.7 150 116 Multi-Family MH 8.2 15.0 123 Multi-Family H 12,3 24.4 300 Residential Sub-total (~stas): 229.0 6.1 13~4 Sub-total Residential 4,88.2 4.2 206t NON-RESIDENTiAL Commercial- Retail CR 12.2 Commercial - Toudst CT 18.4 Public Pa~k P 13.5 Private Recreation L 1.7 Elementary School PQ 14.3- Jr. High School PQ 24.8 Fire Station PQ 1.1 Come· Purpose Fac. PQ 10.6 Eastlake III Woods & Vistas Open Space* OS 136.7 OS/SChool Parking OS 1.1 Site Utilization · Major Circulation cir 25.5 Sub-total Nen-Resldmntial 260.1 PROJECT TOTAL 748.3 2.8 2061 EXHIBIT ,, ~; McMillin Otay Ranch Village 6 ~ ~ _ .? - ~ . ~ ~ Otay Ranch Co. Village 6 EXHIBIT "[3" Brookfield-Shea-Otay. Village EXHIBIT "E" Site Utilization Plan [ FC.l~:reeway Commen:M 8~ I 0 2S I ~-2 JF~y C~e~ ~.4 0.25 375 Suni 12B.5 1312 C~ 3~.4 PR~E~ TOT~ 159.9 Freeway CommMcial Net Areas U~ ~-~ 74.2 C~ F~ ~.g 1~.5 ~xhibit 4 (01/08/02) J~/[" ~ 9 EASTLAKE GREENS EASTLAKE LAND SWAP - ............... 9~ RECYCLED : ?' ~,880 RECYCLED "-,. ..:.:.:.:.-. ============================================== EASTLAKE : -.-.-..:.:.:.:.:.:.:.:.:.:.:.:.. ~ RESERVOIR '"' "'"'"'"" × , " OWD : PROPERTY Page 4 Item- Meeting Date 3/12/02 landscaping improvements at subdivision entries and intersections and landscaped buffer zones located along major roadways. A complete list of improvements will be specified in the Special Tax Report. The complete scopes of work are included in the agreements attached to the Resolutions. CONCLUSIONS As a result of these agreements, the City will be authorizing the consultants, MuniFinancial, LLC and Best Best and Krieger, LLP, to commence work required to establish the CFD to fund the specified improvements proposed within the Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial and Eastlake Land Swap Parcel projects. FISCAL IMP ACT: The contract is for establishing up to six maintenance districts. The total cost for each consultant is not expected to exceed $95,545 for Munifinancial and $60,000 for Best Best & Krieger, LLP for their assistance. All costs will be paid through deposit accounts funded by each developer. Attachments Exhihit A- Eastlake ill Woods & Vistas Project area Exhihit B- Otay Raneh Village 6 Exhibit C- McMillin Otay Ranch Village 6 Exhibit D- Brookfield-Shea-Otay Village II Exhibit E- Village 12 Freeway Commercial Exhibit F- Eastlake Land Swap Parcel Agreement with MuniFinaneial Agreement with Best Best and Krieger lie""J 3m02 'c2530AM J."Eagmm'UNDDEI'EaHlakc JJJ\CFD'~113-CFD Coawl"ml.do,_BFS RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MUNIFINANCIAL, LLC FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICTS FOR EASTLAKE III WOODS & VISTAS, McMILLIN COMPANY VILLAGE 6, OTAY RANCH VILLAGE 6, BROOKFIELD-SHEA-OTAY VILLAGE 11, VILLAGE 12 FREEWAY COMMERCIAL AND EASTLAKE LAND SWAP PI\RCEL, PURSUANT TO THE "MELLO-ROOS COMMUNIty FACILITIES ACT OF 1982", AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, staff issued a Request for Proposals (RFP) in November 2001 for a contract for the Special Tax Consultant Services for the proposed Community Facilities Districts (CFD) within Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea- Otay Village II, Village 12 Freeway Commercial and Eastlake Land Swap Parcel projects; and WHEREAS, three proposals were received, and in accordance with the City Municipal Code Section 2.56, a selection committee, as appointed by the City Manager, reviewed the proposals and interviewed all three consultant teams on January 23,2002; and WHEREAS, the selection committee selected MuniFinancial as the most qualified for the maintenance district formations based on the consultant's past experience with similar projects, work history with other public agencies, quality of presentation, directness of answers to questions posed by the committee and ability to meet a tight project schedule; and WHEREAS, the three firms who submitted proposals were ranked by the selection committee in order of preference as follows: I) MuniFinancial 2) McGill Martin Self 3) David Taussig & Associates WHEREAS, McGill Martin Self and David Taussig & Associates were both determined to be qualified to provide the services and have been designated as negotiation alternates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does hereby approve an Agreement with MuniFinancial, LLC for Special Tax Consultant Services for the formation of Maintenance Community Facilities Districts for Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village I, I LJ-// Village 12 Freeway Commercial and Eastlake.Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982", a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by: Approved as to form by: John P. Lippitt Director of Public Works ¡olAttorneylresolmunifinancial 2 4-/)' Parties and Recital Page(s) Agreement between City of Chula Vista and MuniFinancial For Special Tax Consultant Services for the Formation of Maintenance Community Facilities Districts within the City Of Chula Vista Pursuant to the Mel1o-Roos Community Facilities Act of 1982 This agreement (nAgreement II), dated ~tv~ 28, 1[()7-- for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such (IICity") , whose business form is set forth on Exhibit A, paragraph 3, and MuniFinancial the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, staff prepared and issued a Request for Proposals (RFP) in November 2001 with the intent to negotiate separate contracts for each of the proposed Community Facilities District (CFD) within Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial and Eastlake Land Swap Parcel; and, Whereas, a total of three (3) proposals were received and reviewed by the City's consultant selection committee in January 2002; and, WHEREAS, the City's consultant selection committee made their final recommendation in late January 2002; and, WHEREAS, the firm MuniFinancial was recommended as the consultant to be awarded the contract to provide special tax consultant services for the formation of maintenance districts within Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Village 12 Freeway Commercial and Eastlake Land Swap Parcel; and Standard Form Two Party Agreement (Fourteenth Revision) Page 1 4-/3 WHEREAS, City staff had determined the proposal to be responsible and has negotiated an agreement based on the proposal; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fourteenth Revision) Page 2 ¥-/L/ Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform ~ll of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled II Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Standard Form Two Party Agreement (F~urteenth Revision) Page 3 4-/5 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance covera~es, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Liability Insurance coverage in the attached Exhibit A, Paragraph 9. Insurance and Employer's amount set forth in the Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry (liprimary Coverage") , and which treats the employees of the City in the same manner as members of the general public (IICross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same~ and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. Standard Form Two Party Agreement (Fourteenth Revision) Page 4 Lf-/fp In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to pro~ide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond II , in said Paragraph 19, EKhibit A. (2) Letter of Credit. In the event that Exþibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Securityll) , th¡,m Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Standard Form Two Party Agreement (Fourteenth Revision) Page 5 4-/1 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and r~cords by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for. retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable there under is proper, and shall specifically contain .the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. Standard Form Two Party Agreement (Fourteenth Revision) Page 6 4-# / F 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agre~ment. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each cGnsecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 (IILiquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Admini$trator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is de¡oemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Standard Form Two Party Agreement (Fourteenth Revision) Page 7 4-/1 Regardless of whether Coþ.sultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a searGh and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warr~nts and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. F. Specific Warranties A9ainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subj ect matter of the Def ined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subj$ct matter of the Defined Services, (" Prohibi ted Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrant,s and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant I s performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Con$ultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or Standard Form Two Party Agreement (Fqurteenth Revision) Page 8 4~(ì-O for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduçt or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's resþonsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused py or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees ~hich may be in combination with the active or passive negligent ac,ts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its, elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification $hall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section $hall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Standard Form Two Party Agreement (Fo~rteenth Revision) Page 9 4/;;1 Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreèment by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has ~esulted in expense to City greater than would have resulted if th~re were no such negligence, errors, omissions, Consultant shall teimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign amy interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultantsll. Standard Form Two Party Agreement (Fourteenth Revision) Page 10 Lf.- J~ 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or .patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Any reuse by .Ci ty on any proj ect other than the project for which such materials were originally intended shall be at the City's sole risk. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or othe~ leave benefits. Therefore, City will not withhold state or fede~al income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration sháll be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementatilOn of same. Standard Form Two Party Agreement (Fo~rteenth Revision) Page 11 tf-;;3 Upon request by City, ConSultant shall meet and confer in good faith with City for the purpos!e of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arisi~g out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consult~nt prepares a report or document, or participates in the prepara~ion of a report or document in performing the Defined Services!, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17 . Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Est~te Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their princiwals is/are licensed with the State of California or some other st~te as a licensed real estate broker or salesperson. Otherwise, qonsultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Ag :'eement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses ilientified herein as the places of business for each of the designated parties. D. Entire Agreement Standard Form Two Party Agreement (Fourteenth Revision) Page 12 Lj-J.'-I This Agreement, togethe:t:1 with any other written document referred to or contemplated he~ein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreemept nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party ~ereto hereby warrants and represents to the other party that it haß legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall b~ governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts. located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fourteenth Revision) Page 13 ,--/-;)6 Sign<$.ture Page to Agreement between City of Chula Vista and MuniFinancial For Special Tax Consult~nt Services for the Formation of Maintenance Community Fapi1ities Districts within the City Of Chula Vista Pursuant to the Mello-Roos Community Fac~lities Act of 1982 IN WITNESS WHEREOF, City ~nd Consultant have executed this Agreement thereby indicating t~at they have read and understood same, and indicate their full ~nd complete consent to its terms: Dated:~P\-V 1.(1;, 200 'þ City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: ~ Dated: MuniFinancial By: ~ /t{~ Michael McNamara, Vice President By :lJ«J ~ Paul Whitelaw, Vice President Exhibit List to Agreement ( ) Exhibit A. Standard Form Two Party Agreement (Fourteenth Revision) Page 14 4/J~ Exqibit A to Agree~ent between City of Chula Vista and Muni'Financial 1. Effective Date of Agreement :~1bh1lJ't)l{ }6,11Dv 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California Redevelopment Agency¡ of the City of Chula Vista, a political subdivision of the State of California ( ) ( ) Industrial Developmeþt Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: MuniFinancial 5. Business Form of Consulta~t: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 28765 Single Oak Drive, S~ite 200 Temecula, California 9259~ Voice Phone (909) 699-399~ Fax Phone (909) 699-3460 Standard Form Two Party Agreement (Føurteenth Revision) Page 15 4-;;1 7. General Duties: a. Eastlake III Woods & Vis~as prolect. The Project consisting of 2,061 residential dw~lling units and 454.1 acres of non- residential areas. The ¡proposed district would finance the maintenance of open space lots totaling 136.7 acres, naturalized drainage cþannels, parkways and medians on arterial roadways, exteQded detention basins, in-line storm water treatment units, and other miscellaneous improvements. b. McMillin Company Villaqel6 proiect. The Project consists of 694 residential dwelling units (482 SF and 212 MF). The proposed district would finance the maintenance of: open space lots totaling 11; 3 acres, parkways and medians of arterial and collector streets, portions of two pedestrian bridges, a portion ofa major flood control channel, a portion of a regional d~tention basin and, possibly, storm water quality facilitie~ which may include in-line storm water treatment units. c. Otay Ranch Company Villare 6 proiect. The Project consists of 1392 residential dwelling units (401 SF and 991 MF), 26 acres of non-commercial developed areas. The proposed district would finance the maintenance of: open space lots totaling 9.5 acres, parkways and medians of arterial and collector streets, port~ons of two pedestrian bridges, a portion of a major floop control channel, a portion of a regional detention basin and, possibly, storm water quality facilities which may indlude in-line storm water treatment units. d. Brookfield-Shea-Otay Vi~laqe 11 proiect. The Project consists of 974 single-family residential dwelling units, 1193 MF Units, 115 Mixr=d Uses (10 acres). The proposed district would finance tþe maintenance of: open space lots totaling 53.0 acres, patkways and medians of arterial and collector streets, offsite detention basins, storm water quality facilities, a~d monitoring/maintenance erosion protection drop structures. The District would also be responsible for trail: and path maintenance including pedestrian lighting and pedestrian bridge maintenance. e. Villaqe 12 Freeway Commercial. The Project consists of 106 acres of commercial uses. The proposed CFD would finance the maintenance of parkways ~nd medians along Olympic Parkway. f. Eastlake Land Swap Parcel. The Project consists of 65.0 acres Residential Dwelli~g Units and 50.7 acres of freeway commercial. The proposed CFD would finance the maintenance Standard Form Two Party Agreement (Foþrteenth Revision) Page 16 Lf'dt of parkways and medians along Olympic Parkway and Eastlake Parkway. Please note that the firs~ four CFDs described above, will incorporate the land uses proposed in the applicable Tentative Maps. The last two CFDs described, above would not have Tentative Maps entitlements. The City will only pursue at this time, the formation of "Interim" CFDs, which will be based on gross acreage of the proposed la~d uses within the project. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Task 1 Preliminary Analysis: a. Data collection. The consultant will collect data to describe the parcels to be included in each of the CFD, land use and zoning infbrmation, and proposed development information, which will ,describe the proposed land uses in these six new developme~ts. The consultant will review and provide a description qf all the maintenance improvements to be funded and review the maintenance cost estimate of the improvements. b. A detailed description øf each improvement will be provided based on the prelimi~ary and/or final landscape and engineering plans available. Where no plans exist the consultant will work with the City and Developer to adequately describe the' improvements for inclusion in the preliminary report. c. A detailed review of the maintenance cost estimate for each improvement will be coqducted by the Consultant based on preliminary estimate pr~vided by the City and Developer. d. A map or descriptive diagram will be prepared by the Consultant for each improvement to be funded. The map or diagram will show the area of benefit of each improvement. e. Utilizing the information collected in work task a through d above, the consultanq will prepare a maximum special tax rate and method of appo~tionment to apply to property in an undeveloped and develop$d state. Standard Form Two Party Agreement (Fo~rteenth Revision) Page 17 L/- ~~~ Task 2 District Formations: a. This task requires t~e consultant to use the information compiled in the prel~minary analysis of Task 1, to assist the City to assure compliance with the formation procedures pursuant¡: to the Mello-Roos Community Facilities Act of 11982. The project team will work closely with the C:i¡ty staff, legal counsel, and the developer to insure qhat all elements of the project meet the requirements of the Act and are performed in a timely manner. b. The Consultant shall ¡provide written documentation to the City of all issuesl, meetings, proj ect progress and decisions. The Coilisultant shall be proactive in identifying issues that impact the proj ect schedule. Once an engineering ~ssue, a policy decision, a financing decision or other issues are identified, the Consultant shall immediately pr~pose an action plan and communicate possible solutions to all responsible parties and follow through on required ~ctions. Task 3 Meetings: There will be regular staff and developer and City Council meetings on an as needed basis to be held throughout the propo$ed project schedule. B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Written nftice of authorization to proceed from the Citv C. Dates or Time Limits f~r Delivery of Deliverables: Deliverable No.1: S4bmit preliminary analysis including a¡ summary of all data collected and cþst information from Task 1, a through d within three weeks Deliverable No.2: SUbmit a CFD Public Report, including the full description of the d~strict's facilities, improvement zones, final cost estimate, the RMA, the annual maximum special tax rates béised on the final budget and Standard Form Two Party Agreement (F~urteenth Revision) Page 18 4-~ 30 D. 9. d$velopment category will be written. Ccjmsultant will prepare the agenda s~atement for the Notice of Intention tq, Form the District within thirty d~ys after the Deliverable No.1 is aqcepted by the City. Deliverable No.3: Prepare petition and determine r~gistered voter status and prepare council agenda statement for the f1rmation' and final "Special Tax R~port", special tax ballot and p~epare and advertise Notice of p~blic hearing. All ballots and nqtices will be reviewed by the C~ty's special counsel for the p~oject. Deliverable is due within t~irty days after Deliverable No.1 i~ accepted by the City. Deliverable No.4 Deliver conformed copies of all re¡corded documents, and maps. D~liver all final data, information, bqundary maps, and any other material p~oduced under this agreement in cqmputer digital files compatible wjJth the software utilized by the C~ty. Spreadsheets shall be cqmpatible with Microsoft Excel, and Aqcess, word processing files with WqrdPerfect, and graphic files with A1.1toCAD. Date for completion ot all Consultant services: Four months after ~he notice to proceed letter Insurance Requirements: (X) ( ) (X) (X) (X) ( ) (X) Statutory Worker's Cqmpensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General L~ability Insurance: $1,000,000. Auto Liability Insurance: $1,000,000. Errors and Omissions ¡insurance: None Required (included in Commerc~al General Liability coverage). Errors and Omissions ¡Insurance: $250,000 (not included in Commercial General Liability coverage). Professional Liabili~y Insurance: Standard Form Two Party Agreement (Fo~rteenth Revision) Page 19 '-/- /3/ Per Claim: $1,000,000 Aggregate: $1,000,000 Materials required to be Supplied by City to Consultant: 10. A. Make 'available m~ps, records, plans, and any documentation require~ for preparation of the Special Tax Report, including es!timated cost of maintenance of the improvements to be . included in the district. This documentation would ~e provided by the developers of the projects under coinsideration or City staff as appropriate. I B. Retain a qualified ¡legal counsel to provide guidance during district form~tion proceedings. C. Schedule and agendiza project meetings, Council meetings and hearings as required by the Government Code. 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City sha],l pay a single fixed fee in the amounts and at the times or millestones or for the Deliverables set forth below: Single Fixed Fee Amount: $ 17,200 $ 16,450 $ 16,450 $ 16,450 $ 14,310 $ 14,685 for Eastlake III Woods & Vistas for McMil~in Village 6 for Otay Ranch Village 6 for Brook~ield-shea-Otay Village 11 for Villa~e 12 Freeway Commercial for Eastl~ke Land Swap Parcel Payable as follows for each CFD: Milestone or Event or Delivera~le Amount or Percent of Fixed Fee Deliverable No.1 Deliverable No.2 Deliverable No.3 Deliverable No.4 25'-0 25'-0 25'-0 25'-0 ) 1. Interim Monthly Advances. The City shall make interim monthlY,advances against the compensation Standard Form Two Party Agreement (Fdurteenth Revision) Page 20 LJ-- 3d due for each p~ase on a percentage of completion basis for each ¥iven phase such that, at the end of each phase only; the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily 'completed, the City shall receive credit against ~he compensation due for that phase. The retention !amount or percentage set forth in Paragraph 19 i,s to be applied to each interim payment such tnat, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a:phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but Gnly upon such proof demanded by the City that has b$en provided, but in no event shall such interim a~vance payment be made unless the Contractor shall have represented in writing that said percentage 'of completion of the phase has been performed by tne Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed ~ee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are!separately identified below, City shall pay the fixed fee associa~ed with each phase of Services, in the amounts and at the times ,or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ $ 2. 3. $ Standard Form Two Party Agreement (Foprteenth Revision) Page 21 '1-33 ) 1. Interim Mon!thly Advances. The City shall make interim monthl~ advances against the compensation due for each p~ase on a percentage of completion basis for each given phase such that, at the end of each phase only, the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to ~he City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention ,amount or percentage set forth in Paragraph 19 i!s to be applied to each interim payment such t~at, at the end of the phase, the full retention, has been held back from the compensation dtje for that phase. Percentage of completion of a!phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but ~nly upon such proof demanded by the City that has bfen provided, but in no event shall such interim aejivance payment be made unless the Contractor shal~ have represented in writing that said percentage 'of completion of the phase has been performed by t he Contractor. The practice of making interim ~onthly advances shall not convert this agreement' to a time and materials basis of payment. C. ( ) Hourly Rate Arran%ement For performance of the I;Jefined Services by Consultant as herein required, City shall pay' Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) () Not-to-Exc~ed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in, excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("MaJ!:imum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement Standard Form Two Party Agreement (Fdurteenth Revision) Page 22 '-/- - 3tf At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Title Hourly Rate Division Manager $180 Principal Consultiant 145 Senior Project Manager 125 Project Manager 105 Senior Analyst 85 Analyst 75 Analyst Assistant 65 Property Owner 50 Services Rep Support Staff 45 ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of poc~et expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. ( ) ( ) ( ) ( ) Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $ : Printing, not to exceed $------: Standard Form Two Party Agreement (Fourteenth Revision) Page 23 4- 35 ( ) ( ) ( ) Postage, not to exceed $ : Delivery, not to exceed ~ : Long Distance Telephone Charges, not to exceed $. . Other Actual Identifiable Direct , not to exceed $ , not to exceed $ ( ) Costs: 13 . Contract Administrators: City: Sohaib AI-Agha, Senior Civil Engineer Consultant: Lyn Gruber, Principal Consultant 14. Liquidated Damages Rate: N/A ) $ per day. ) Other: 15. Statement of Economic Interests, Categories, per Conflict of Interest Code: Consultant Reporting ) Not Applicable. ) FPPC Filer Not an FPPC Filer. ) Category No.1. Investments and sources of income. ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real pr~perty. ) Category No.5. Investments in business entities and sources of i,ncome of the type which, within the past two years,. have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supp,lies, materials, machinery or equipment. ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated Standard Form Two Party Agreement (Fourteenth Revision) Page 24 4 - 3!P employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: NONE 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly ( X ) Other: Based on Deliverables of Paraqraph 11 B. Day of the Period for submission of Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: Consultant's C. City's Account Number: will be assiqned for each CFD 19 Security for Performance (X) ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant Standard Form Two Party Agreement (Fourteenth Revision) Page 25 4~3'7 sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( X) Retention Percentage: ( ) Retention Amount: $ 10 % Retention Release Event: ) Completion of All Consultant Services ) Other: Standard Form Two Party Agreement (Fourteenth Revision) Page 26 '-1/38 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT FORMAL SELECTION PROCESS AND APPROVING AN AGREEMENT RETAINING THE FIRM BEST BEST AND KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICTS FOR EASTLAKE III WOODS & VISTAS, McMILLIN COMPANY VILLAGE 6, OTAY RANCH VILLAGE 6, BROOKFIELD-SHEA-OT A Y VILLAGE 11, VILLAGE 12 FREEWAY COMMERCIAL AND EASTLAKE LAND SWAP PARCEL, PURSUANT TO THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Best, Best & Krieger, LLP will provide legal counseling during the formation of all the districts for a fee not to exceed $10,000 for each district; and WHEREAS, Warren Diven, currently "of counsel" to Best Best & Krieger, would be lead counsel for the firm and would be responsible for the delivery of all legal services for this agreement; and WHEREAS, Mr. Diven was selected based on the quality of previous similar work performed in association with the City's formation of various financing districts over a period of 15 years, his familiarity with the current development in eastern Chula Vista, and his provision oflegal services to the City for the formation of major open space districts in that area (EastIake I, Rancho Del Rey, Sunbow, and Otay Ranch); and WHEREAS, in addition, Mr. Diven has been the legal counsel on all the existing assessment and community facilities districts formed to finance the construction of backbone facilities serving the major developments in the area and has worked with the MuniFinancial; and WHEREAS, staff recommends that the City's consultant selection process for legal counsel be waived in the interest of providing a team: 0 That has demonstrated an ability to work together efficiently on past & present projects, 0 That possesses extensive knowledge and experience in this type of work, 0 That has mastered a unique understanding of the development issues in the City ofChula Vista, Lj,3C] NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does hereby waive the consultant formal selection process and approve an Agreement with Best, Best & Krieger, LLP as the Special Tax Legal Counsel for the formation of Maintenance Community Facilities Districts for Eastlake III Woods & Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village I, Village 12 Freeway Commercial and Eastlake Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982", a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by: Approved as to form by: John P. Lippitt Director of Public Works JolAttorneylresolbest best & krieger 4' '10 Parties and Recital Page(s) Agreement between City of Chu1a Vista and Best Best & Krieger LLP For Special Counsel Legal Services for the Formation of Maintenance Community Facilities Districts within the City of Chu1a Vista Pursuant to the Me1lo-Roos Community Facilities Act of 1982 This agreement ("Agreement"), dated. for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such (IICity") , whose business form is set forth on Exhibit A, paragraph 3, and Best Best & Krieger LLP the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 (IIConsultantll) , and is made with reference to the following facts: Recitals Whereas, the City desires to initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California to form one or more community facilities districts for the purpose of providing for the financing of the costs of maintenance of certain landscaping and other improvements required to serve certain new development, as described in Exhibit A, paragraph 7 within the City; and, Whereas, the City desires to retain the services of special counsel to assist and advise the City regarding the proceedings to form such community facilities districts and the ongoing administration of such community facilities districts; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City Standard Form Two Party Agreement (Fourteenth Revision) Page 1 4- 4/ within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and, (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fourteenth Revision) Page 2 I.r4~ Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled IIGeneral Dutiesll; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties" , Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Servicesll) , and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Standard Form Two Party Agreement (Fourteenth Revision) Page 3 4-- '-13 Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Liability Insurance coverage in the attached Exhibit A, Paragraph 9. Insurance and Employer's amount set forth in the Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2 ) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Standard Form Two Party Agreement (Fourteenth Revision) Page 4 4- 4'-1 Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney' which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3 ) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Standard Form Two Party Agreement (Fourteenth Revision) Page 5 L/-~ Lf 5 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable the reunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals (" Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4 . Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Standard Form Two Party Agreement (Fourteenth Revision) Page 6 Lf- Lf~ The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an IIFPPC filer II , Consultant is deemed to be a II Consultant " for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Standard Form Two Party Agreement (Fourteenth Revision) Page 7 '-/--1./7 Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form TWo Party Agreement (Fourteenth Revision) Page 8 4-4'8 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, Standard Form Two Party Agreement (Fourteenth Revision) Page 9 4-i.fC¡ agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, datal studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultantsll. Standard Form Two Party Agreement (Fourteenth Revision) Page 10 4,50 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. ci ty maintains the right only to rej ect or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Standard Form Two Party Agreement (Fourteenth Revision) Page 11 4-- 51 Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The IIprevailing party II shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be Standard Form Two Party Agreement (Fourteenth Revision) Page 12 4-5;). amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fourteenth Revision) Page 13 4-53 Signature Page to Agreement between City of Chula Vista and Best Best & Krieger LLP For Special Counsel Legal Services for the Formation of Maintenance Community Facilities Districts within the City of Chula Vista Pursuant to the Mello-Roos Community Facilities Act of 1982 IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19- City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk form: Dated: ::l.\q,o~ Best Best & Krieger LLP By: Lt. )(ìl~ k~~ Warren Diven, Of Counsel Exhibit List to Agreement ) Exhibit A. Standard Form Two Party Agreement (Fourteenth Revision) Page 14 4~G'f Exhibit A to Agreement between City of Chula Vista and Best Best and Krieger 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California Industrial Development Authority of the City of Chula Vista, a ( ) ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Best Best & Krieger LLP 5. Business Form of Consultant: ( ) Sole Proprietorship (X ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 402 West Broadway, 13th Floor San Diego, California 92101-3542 Voice Phone (619) 525-1300 general 619) 525"1337 Warren Diven Fax Phone (619) 233-6118 Standard Form Two Party Agreement (Fourteenth Revision) Page 15 L),55 7. General Duties: Consultant shall provide special counsel legal services to the City pertaining to the formation of community facilities districts; Eastlake III Woods & Vistas project, McMillin Village 6 project, Otay Ranch Village 6 project, Brookfield- Shea-Otay Village 11 project, Village 12 Freeway Commercial project, and Eastlake Land Swap Parcel project ("Community Facilities Districts") to finance the maintenance of landscaping and other improvements and, on an as needed basis, pertaining to the ongoing administration of Community Facilities Districts formed for such purposes. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Formation of Community Facilities Districts. Consultant shall provide the following legal services to the City pertaining to the formation of each Community Facilities District: 4. 1. Preparation of all resolutions, notices, contracts, and other papers and documents required in the formation proceedings; 2. Advise the City staff and other consultants regarding the required formation procedures and examine the formation proceedings, step by step, as such procedures are undertaken; 3. Appear at all hearings required as a part of the formation proceedings, and attend any other meeting where attendance is required or requested Review the Report of the Special Tax Consultant as it relates to the formation proceedings for each community facilities district; 5. Review and examine the map showing the area and boundaries of each community facilities district; 6. Review the method and formula utilized by the Special Tax Consultant for the apportionment and levy of the special tax within each community facilities district; Standard Form Two Party Agreement (Fourteenth Revision) Page 16 Lj, Sf" 7. 8. Assist in any election procedure, as necessary and/or required, including the preparation of the form of all required election documents; Prepare the Notice of Special Tax Lien for each community facilities district; 9. Provide instruction and advice to City staff and City consultants related to any of the foregoing; and 10. Provide any and all other customary special counsel services relating to the formation proceedings. Onqoinq Administration of Communitv Facilities Districts In addition to the foregoing services pertaining to the formation of the community facilities districts, Consultant shall provide the following additional special counsel services to the City related to the ongoing administration of each of the community facilities districts: 2. 3. 1. Advise and assist City staff and City consultants regarding: (a.) Calculation of annual special tax rate and levy of annual special tax; (b.) Interpretation and application of special tax formula; (c.) Annexation of territory to a community facilities district; apportionment of special taxes or authorized maintenance; (d.) Cancellation or cessation of the Notice of Special Tax Lien; and (e.) Other issues related to the ongoing administration of the community facilities districts and the levy of special taxes. Preparation of resolutions, notices, contracts, and other papers and documents required related to any of the foregoing. Appear at all City Council meetings related to any of the foregoing and attend any other meeting with City staff and City consultants related to any of the foregoing where attendance is required or requested by the City. Standard Form Two Party Agreement (Fourteenth Revision) Page 17 4--51 B. C. D. 4. Provide any and all other customary special counsel services relating to the ongoing administration of such community facilities districts. Such legal services pertaining to the ongoing administration of the community facilities districts would be provided only on an "as needed" basis upon the request of the City. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: N/A Deliverable No. 2: N/A Deliverable No. 3: N/A Date for completion of all Consultant services: N/A 9. Insurance Requirements: (x) ( ) (x) ( ) (x) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials required to be supplied by City to Consultant: Such documents as are contemplated in the detailed scope of work set forth above. 11. Compensation: ( ) Single Fixed Fee Arrangement. A. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the Standard Form Two Party Agreement (Fourteenth Revision) Page 18 4,68 amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: follows: , payable as Milestone or Event or Deliverable Amount or Percent of Fixed Fee ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City Standard Form Two Party Agreement (Fourteenth Revision) Page 19 4-5'1 shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ $ 2. 3. $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: Standard Form Two Party Agreement (Fourteenth Revision) Page 20 4,!tD (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( X ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $10,000 as to each community facilities district (The "Authorization Limit") , Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Partners and Of Counsel Attorneys Warren Diven $195 and Various Others Senior Associates with 4 or more years of experience Various $170 Junior Associates with 4 or less years of experience Various $140 Paralegals Various $105 Law clerks Various $70 ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Standard Form Two Party Agreement (Fourteenth Revision) Page 21 4- - (¿/ ( ) (X) (X) ( ) (X) (X) ( ) (X) Cost or Rate Reports, not to exceed $ Copies, not to exceed Consultant's current rate Travel, not to exceed IRS Rate Printing, not to exceed $ Postage, not to exceed Actual Cost Delivery, not to exceed Actual Cost Long Distance Telephone Charges, not to exceed $ . Other Actual Identifiable Direct Costs: Facsimile, not to exceed Consultant's current rate 13 . Contract Administrators: City: Consultant: Sohaib Al- Agha, Senior Civil Engineer Warren Diven Best Best & Krieger LLP 402 West Broadway, 13th Floor San Diego, California 92101-3542 Telephone: (619)525-1337 Fax: (619)233-6118 E-mail: wbdiven@bbklaw.com 14. Liquidated Damages Rate: N/A ) $ per day. ) Other: 15. Statement of Economic Interests, Categories, per Conflict of Interest Code: Consultant Reporting ( x ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. Investments and sources of income. ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Standard Form Two Party Agreement (Fourteenth Revision) Page 22 4~ (p').. ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: Nom" 16. ) Consultant is Real Estate Broker and/or Salesman 17 . Permitted Subconsultants: N/A :--!\1MP 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month standard Form Two Party Agreement (Fourteenth Revision) Page 23 Lf ' &3 ( X) End of the Month ( ) Other: C. City's Account Number: 19 Security for Performance (Not Applicable) ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Standard Form Two Party Agreement (Fourteenth Revision) Page 24 If~ {ç;f COUNCIL AGENDA STATEMENT Item Meeting Date 3/12/02 ITEM TITLE: Resolution Approving Claim and Appropriation of Prior Year Unallocated Transportation Development Act (TDA) Article 4.0 funds in the amount of $60,000 for the Acquisition ora Transit Fleet Management System. / SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manag~ 0/i~ (4/5tbs Vote: Yes X No The Sixty Thousand ($60,000) will be used to support the acquisition of the Faster Fleet Maintenance System and Computer Equipment for Transit at the new Corporation Yard. RECOMMENDATION: That Council adopt resolution approving the claim and appropriation of $60,000 from City of Chula Vista prior year unallocated Transportation Development Act (TDA) funds, contingent upon action from the MTDB and SANDAG Boards. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The additional $60,000 o£TDA funds will be withdrawn from the City' s prior year unallocated TDA balance. Based on recent communications with SANDAG, the City's unallocated fund balance currently amounts to approximately $978,000. These funds are available to the City, but have not been allocated to any specific operation or capital project. The City has full control over this remaining TDA balance, but it is all that remains from the previous transit funding process. The City approved the regional consolidation of transit fands on July 18, 2000 and the City will no longer receive any carryover balances or unallocated funds in the future. The fleet management system is compatible with the current system the City uses and will allow integration of Transit's bus fleet into the City's Fleet Mm~agement System. FISCAL IMPACT: This amendment to the Regional FY 2001-02 TDA Article 4.0 claim contains no City of Chula Vista General Fund contribution. Transit Division operating and ca,oikal cos~:, a*c l'tmdcd by Rcgioilal };uotcd iDA Arkiclc :4.0 ][Lltld$. Thc additioiml $60,000 would come £rom City's prior year unallocated TDA fund balance, which currently totals approximately $978,000. File: DS-022 ttg, FransilkA113 FDA [:Y 02 CORP YARD FI EEl MAINTENANCE SYSTEM doc 3/5/02 3:05:01 PM RESOLUTION NO. 2002-------- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLAIM AND APPROPRIATION OF PRIOR YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $60,000 FOR THE ACQUISITION OF A TRANSIT FLEET MANAGEMENT SYSTEM WHEREAS, $60,000 will be used to support the acquisition of the Faster Fleet Maintenance System and Computer Equipment for Transit at the new Corporation Yard; and WHEREAS, the additional $60,000 of TDA funds will be withdrawn from the City's prior year unallocated TDA balance; and WHEREAS, SANDAG indicates that the City's unallocated fund balance currently amounts to approximately $978,000; and WHEREAS, these funds are available to the City, but have not been allocated to any specific operation or capital project; and WHEREAS, the fleet management system is compatible with the current system the City uses and will allow integration of Transit's bus fleet into the City's Fleet Management System. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the claim and appropriation of prior year unallocated Transportation Development Act (TDA) Article 4.0 funds in the amount of $60,000 for the acquisition of a Transit Fleet Management System. Presented by Approved as to form by John P. Lippitt Director of Public Works J, \Attorney\Reso \ TDA 5-;)- COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 3/12/02 ITEM TITLE: Resolution approving the Three-Party Agreement between the City of Chula Vista, The Schmidt Design Group, Inc., Landscape Architects, and Trimark Pacific Homes, L.P., A California Limited Partnership for Landscape Amhitectural Services, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Building and Park Construction REVIEWED BY: City Manager ' (4/Sths Vote: Yes No X ) Trimark Pacific Homes proposes to develop a Community Park within the San Miguel Ranch Community in satisfaction of the parkland obligation for the San Miguel Ranch project. RECOMMENDATION: That Council adopt the Resolution approving the Three-Party Agreement between the City of Chula Vista, Trimark Pacific Homes, and Schmidt Design for Landscape Architectural Services. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Background In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements received for the San Miguel Ranch project and in satisfaction of Conditions of Approval for the San Miguel Ranch project Trimark Pacific Homes is providing a 'turn-key' public community park on 19-acres located north of Mount Miguel Road, east ofSR-125, and west of the future Neighborhood I Developmcnt of the project. To realize this comnmnity park a landscape architectural design firm is needed to provide a community park master plan. Consultant Selection Process The Parks and Recreation Department, following the City's Purchasing Ordinance process described within the Municipal Code Section 2.56.220-2.56.240, having publicly advertised and receiving 15 submittals, interviewed six firms and selected the Landscape Architectural firm of Schmidt Design as the best qualified to provide the master planning services for the development of this community park. Page 2, Item: Meeting Date: 3/12/02 This selection was based upon the firm's qualifications, experience of professional staff, the project team's related expertise, demonstrated performance of similar work, the quality of proposal submitted, interview presentation, and response to questions. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City. The Department of Parks and Recreation staff has negotiated the details of this Agreement in accordance with the procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. Scope of Work Under the terms of this Agreement and in conjunction with City staff, Schmidt Design will prepare a Community Park Master Plan. Upon successful completion of the Master Plan work effort work will continue with design development, construction drawings, and thereafter, actual park construction. The community center building's construction may proceed on a delayed schedule until funds are secured to pay for that aspect of the community park. The master plan responsibilities and services will be provided as needed and will require the Consultant to provide professional Landscape Architectural Services as required to prepare, submit, and obtain the Approval from the City Council for a San Miguel Ranch Community Park Master Plan. The City may decide to continue the park's development with Consultant providing design development, construction documents, and construction administration phases of work. An addenda shall define phases and Consultant services and will be presented in the future to City Council for consideration. The detailed scope of work for Consultant is set forth in the three party agreement attached hereto. Contract Payment: The total not-to-exceed amount to be paid to the Consultant is $96,245.00. The Project Applicant has previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition and Development Obligation. The City has these monies in a deposit account and will use the money to pay for the Consultant's services. The City will also receive a standard administration fee amounting to 10% of the Contract. The Project's Applicant will also reimburse the City for any staff time associated with the implementation of the Contract through a separate staff processing deposit account that has already been established. Page 3, Item: Meeting Date: 3/5/02 Conclusions Staff believes, based upon a full understanding of thc issues involved, that the City will realize an increased benefit in thc recreational resources available to the residents of Chula Vista. Staff recommends, based upon the benefits of this agreement, that the City Council approve the proposed Agreement. FISCAL IMPACT: There will be no resulting impact to thc General Fund. Schmidt Design consulting fees OF $96,245.00 will be paid by thc Project Applicant (Trimark Pacific Homes) through existing deposit accounts. Attachment: Three Party Agreement R~lIj~e.c 3-":).-0.,), RESOLUTION NO. 2002-065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE SCHMIDT DESIGN GROUP, INc., LANDSCAPE ARCHITECTS, AND TRIMARK PACIFIC HOMES, LP., A CALIFORNIA LIMITED PARTNERSHIP, FOR ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements received for the San Miguel Ranch Project and in satisfaction of Conditions of Approval for the San Miguel Ranch Project, Trimark Pacific Homes is providing a "turn-key" public community park on 19 acres located north of Mount Miguel Road, east ofSR- 125 and west of the future Neighborhood I Development of the project; and WHEREAS, to realize this community park, a landscape architectural design firm is needed to provide a community park master plan; .and WHEREAS, the Parks and Recreation Department, in accordance with Municipal Code Section 2.56.110, publicly advertised and received 15 submittals, interviewed six firms and selected the Landscape Architectural firm of Schmidt Design as the best qualified to provide the master planning services for the development of the community park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does hereby approve the Three Party Agreement between the City of Chula Vista, The Schmidt Design Group, Inc. Landscape Architects and Trimark Pacific Homes, LP., a California Limited Partnership for Landscape Architectural Services, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by Approved as to fonn by Andy Campbell Building and Park Construction Director (ò-L-J Three Party Agreement Between City of Chula Vista, The Schmidt Design Group, Inc., Landscape Architects, Consultant, and Trimark Pacific Homes, LP., A California Limited Partnership, Applicant For Consulting Work to be Rendered With regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation ofthe State of California, the person designated on the attached Exhibit A as "Consultant" the Schmidt Design Group, Inc., Landscape Architects (SDG) whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" Trimark Pacific Homes, LP., (TMP) A California Limited Partnership whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the developer ofland ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Workofthe general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3ptyagmt March 5, 2002 City of Chura Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Ir!5 Page 1 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all ofthe services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period oftime for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes I¡- ~ Page 2 3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant ofthe type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs ofthe additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be perfonned by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the City may unilaterally reduce the Fixed Fee by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as herein below set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 3 ¡P.7 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned toApplicant not later than 30 days after the termination of this Agreement and any claims resulting there from. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms oftrust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use ofthe Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage's, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval ofthe City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City, Applicant, affiliates of Applicarlt and NNP- Trimark San Miguel Ranch, LLC, as Additional Insured and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members ofthe general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 4 (ø_.g 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 5 (p-q 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence ofthe City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 6 t.ø-IO 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries ofthe property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration ofthis Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or ifthe Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 7 /,¡;-II 9.2. In the event oftermination ofthis agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance ofthis agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions ofthe Consultant, or the Consultant's employees, agents and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 11.2 the Consultant agrees to defend, indemnify, protect and hold harmless the City, its agents, officers, or employees, NNP- Trimark San Miguel Ranch, LLC, Applicant and affiliates of Applicant from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees or by the passive negligent acts of NNP- Trimark San Miguel Ranch, Applicant and affiliates of Applicant which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents, or officers, or any third party. The Consultant's duty to indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers, 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 8 (p./~ or employees. The Consultants duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the active negligence or misconduct ofNNP- Trimark San Miguel Ranch, LLC, Applicant or affiliates of Applicant. This Section in no way alters, affects or modifies the Consultant's obligation and duties under Section I herein and Exhibit A to this Agreement. 11.2. Indemnification for Professional Services As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers, and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or the Consultant's employees, agents, or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 11.3. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City hannless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 9 (P-/S 14. Miscellaneous. 14.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 14.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served ifpersonally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 14.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 14.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subj ect matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 14.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 14.6. Governing LawlVenue. This Agreement shall be governed by and construed in accordance with the laws ofthe State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 10 &-/'1 14.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 14.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 14.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 14.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 14.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge ofthe existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 14.12. Remedies. The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 14.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 11 Io~ 15 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow City Clerk ~ Jo M. Kahen)! Ity Attorney Dated: Consultant: Schmidt Design Group, Inc. :~ Schmidt Dated: Applicant: Trimark Pacific Homes, LP, A California limited partnership By: TPH Management, Inc. A California corporation, By ~1lk:: ~~~;I~-6,V.P. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 12 (p- lip Exhibit A Reference Date of Agreement: March 5, 2002 Effective Date of Agreement: March 5, 2002 City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Schmidt Design Group, Inc., Landscape Architects Business Fonn of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 2655 Fourth Avenue, San Diego, CA 92103 Applicant: Trimark Pacific Homes, LP., A California Corporation Business Form of Applicant: ( ) Sole Proprietorship (X) Partnership of Corporations ( ) Corporation Address: 85 Argonaut, Suite 205, Aliso Vi~o, CA 92656 1. Property (Commonly known address or General Description): The City ofChula Vista has approved a Tentative Subdivision Map (Map) known as San Miguel Ranch, Chula Vista Tract 99-04, which includes a 19-acre Community Park site. The Community Park site has been identified to include a community building. The Map also includes the capacity for 1,394 total dwelling units, an elementary school site, open space lots, and two Community Purpose Facilities (CPF) sites. One ofthe CPF sites is to be adjacent to the Community Park site with a to be identified compatible park use. 2. Project Description ("Project"): Community Park: The 19-acre park site is located north of Mount Miguel Road, east ofSR-125, and west ofthe future neighborhood I development of the project. The site includes a City of Chula Vista Greenbelt trail corridor connection south, east and west. The Park site has been graded to a previously prepared preliminary concept. The park grading is subject to change in any manner the master planning work effort determines appropriate (subject 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 13 iP,/1 to the conditions identified in existing SSIA Agreements). The pad includes an elevated portion which also contains 1.0 net acres designated for CPF use. It is intended that the CPF use will be compatible with and incorporated into the community park use. At the time ofthe processing ofthe tentative map for the project the CPF use was undetermined. It is intended for the park master planning work effort to identify the CPF use and user and incorporate the CPF lot into the community park master plan. The City has a 'first right of refusal' and may consider purchase of the CPF lot from the Applicant as an alternative to be explored as a part of the community park master planning work effort. 3. Entitlements applied for: Approved Tentative Map Tract 99-04, Approved Final Map Phases 1,2 and 4, Future Proposed Final Map for Phase 3. 4. General Nature of Consulting Services ("Services - - General"): 4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to prepare, submit and obtain the Approval from the City Council for a San Miguel Ranch Community Park Master Plan. Plan shall be prepared and all Consultant services shall be performed to the satisfaction of the Director of Parks and Recreation. Plan shall consist of a Preliminary Master Plan, Draft Master Plan and Master Plan with accompanying support documents as outlined in Paragraph 5 as a Detailed Scope of Work. 4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services and/or Fees may be expanded upon successful completion of the master planning work effort, as defined solely by the City, and if agreeable to the City, to continue the park's development with Consultant providing design development, construction documents and construction administration phases of work. Addenda shall define phases and Consultant services and shall be presented to City Council for Approval. 5. Detailed Scope of Work ("Detailed Services"): Consultant shall provide the following services, all to the satisfaction of the Director of Parks and Recreation: 5.1 Park Programming - The preliminary park programming used to prepare the Master Plan is subject to change by the City as a result ofthe work effort. The preliminary programming is established at this time to include the following: I. Three (3) Softball fields with 40-foot candle lighting and sized with 60' baselines and 300' radius outfield Twelve (12) Picnic tables, some with BBQ's and shade structures Two (2) Tot lots with play equipment targeting difference age groups Two (2) Tennis courts with lighting Two (2) Basketball courts with lighting 2. 3. 4. 5. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 14 /;~18 6. Infonnal facility (not monitored) to accommodate skate boarding and roller blading 7. Restroom/maintenance building 8. Community trail loop around the park site 9. Automobile parking (shared with CPF site) 10. Open lawn areas 11. Community Center (as CPF use or in lieu of CPF use) to provide multi-purpose community recreational services including; Recreational Prograrns, Human Services, Educational Services, Classes and Meeting/Rental space. The 15,885 square foot building is to include: . 2,000 sq. ft. senior/teen annex (occupancy 400) Multi-purpose dividable room Gymatorium Game room Craft room Kitchen Restrooms and Shower with dressing room Office Utility room . Custodial room . Commensurate storage for each activity space The master plan work effort shall include a review by Consultant of this programming and provide a determination for the appropriateness ofthe programming for this park site and if appropriate make recommendations to the City for modification. . . . . . 5.2 Community Workshops: Organize, coordinate and conduct three (3) public community workshops to solicit input from the surrounding residents and interested citizens on the parks development. 5.3 Research, Inventory and Site Analysis: Provide an analysis of existing site conditions related to park program. Consult with City and Applicant regarding opportunities, constraints of existing site conditions and current design. Evaluate and describe opportunities and constraints in graphic form including the following: . Circulation and access . Adjacent conditions and uses . Soil and hydrology . Adjacent wetland and open space . Orientation to climate and sun . Orientation to views and spatial patterns From infonnation provided by City and Applicant: . Legal and physical boundaries . Holdings and easements . Historical or archaeological significance . Applicable ordinances . Zoning, codes and guidelines 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 15 to-If} 5.4 Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating differences in arrangement of uses, program emphasis, and character ofthe park. Evaluate pros and cons of alternatives and work with City and Applicant to define a preferred scenario. Refine, as directed by the City, the preferred scenario including the following: . Refined program modules . Order of magnitude costs . Conceptual ideas for alternatives . Architecture and facility diagrams . Site cross-sections . Functional relationships . Social relationships . Aesthetic and environmental opportunities 5.5 Develop the refined, preferred scenario Conceptual Master Plan in three stages as 1) a Preliminary Master Plan, 2) a Draft Master Plan and 3) a Master Plan. Develop and incorporate the following elements at each of the three stages: . . All existing and proposed improvements . Park and recreational facilities clearly identified . Open space areas . Trail system (pedestrian, bicycling, hiking, equestrian) . Types of fencing, retaining and freestanding walls. . Walkways, pedestrian and vehicular circulation, interface, and protections and parking . Irrigation mainline layout, with proposed and existing water meters . Areas to receive conventional irrigation, temporary, drip, or none (as applicable). . Water conservation measures. . Lighting concepts . Indicate plant palette (botanical and common name), with types, location sizes, and percentage of quantity by size, both proposed and existing and the stated design function and purpose of each type: 0 Slope and erosion control treatment 0 Street trees 0 Seeding and container stock 0 Distinguish between groundcovers or lawn areas and method of separation 0 Relative drought tolerance of materials proposed 0 Relative fire retardance of materials proposed 0 Maintenance responsibilities and boundaries . Grading design and drainage intent . Signage and monumentation . Property lines, easements, and deed restrictions . Paved, unpaved areas, and types of paving . Views (on-site and off-site) opportunities, preservation, and enhancements . Implementation plan (Schedule) . Financing plan 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 16 !.c - :)-1) . Phasing plan (if appropriate) 0 Estimate of probable construction costs with 15% contingency. The total construction cost shall equal the City provided park construction budget. . Architectural thematic design ofbuilding( s) including: thematic elevations, progranuning to establish building footprint and estimate of probable costs with 15% contingency. 5.6 Filing Application: Prepare the appropriate plans and documents, which are required by the City and complete and submit the Park Master Plan Processing Application Form. 5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the Project. Review with the City and Applicant. Work with City and Applicant to develop a cost strategy including the budget and/or phasing of improvements. 5.8 Meetings - Consultant shall provide written agendas and meeting notes for all meetings: 0 Pre-Application Meeting: Meet with the Applicant and the City to familiarize the Consultant with design issues and expectations related to development ofthe park from the point of view of both the Applicant and the City. Review the park program and elements with appropriate agencies. . Evaluation Meeting: Present three scenarios (5.4) to City and Applicant. City will select a preferred alternative if acceptable. Respond to comments as directed by City Staff. 0 Refined Scenario Meetings: Present refinement of selected Preferred Alternative of Conceptual Plan to City and Applicant as necessary to obtain City staff approval. 0 Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto. . Park and Recreation Commission Presentation: Present the Draft Park Master Plan to the Park and Recreation Commission for review and comment. Respond to comments as directed by City Staff. Present to P &R Commission refined alternatives until Draft Park Master Plan is found acceptable to the P&R Commission. 0 City Council Presentation: Present the Final Park Master Plan to City Council for Approval. Provide revisions or response to conditions of approval. 5.9 City Approval - Upon request, continue working with City staff and the Director of Parks and Recreation to obtain written approval of the Park Master Plan from the City Council. 5.10 Additional Services: Include but are not limited to: . Revisions and changes to City and Applicant approved drawings. . Presentations to Public Agencies or meetings beyond those listed in the above Scope of Services. 0 Preparation of design alternatives after the completion of the Final Draft Master Plan. 0 Additional services will be performed on an hourly basis only upon the prior written approval of the City at the rates set forth in Exhibit C. 6. Documents to be provided by Applicant to Consultant: Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to scale) indicating at a minimum - topographic contours at l' intervals; spot elevations of existing 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 17 (p~ !)-/ structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property boundaries; aerial photograph in orthographic projection printed to standard scale; all existing plant material with individual identification of all trees over 2" diameter trunk with labeling of location, trunk diarneter at breast height, canopy spread and species and other support documentation necessary for the Consultant to perform the services described in Paragraph 4 and 5 above. 7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task Summary Table - Attachment D") 7.1 Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement 7.2 Deliverables - The work for this phase will be in the form of scaled, dimensioned drawings as necessary to communicate the design intent, sizes and material selection for all scope items. The instruments will be prepared in AutoCAD @ Release 14 on base plans issued by the City and Applicant. The base plans will be in AutoCAD @ Release 14, and will be fully coordinated with other consultant's work prior to issuance to Consultant. . Instruments of Service / Electronic Media: 0 Hard copy, original drawings and specifications are the deliverable instruments of service. Ifwork is prepared in electronic media format the Consultant will provide electronic copies for convenience only. Electronic media will be prepared in AutoCAD @ Release 14 format. In accepting and utilizing any drawings or other data on any form of electronic media generated and provided by the Consultant, the City and Applicant covenants and agrees that all such drawings and data are instruments of service of the Consultant. The electronic files submitted by the Consultant to the City and Applicant are submitted for an acceptance period of five working days. Any defects the City and Applicant discover during this period will be reported to the Consultant and will be corrected. 7.3 Dates or Time Limits for Delivery ofDeliverables: Deliverable No.1: Due no later than 18 weeks from date of Commencement of Consultant Services Preliminary Master Plan: Colored for presentation purposes: Site Plan at appropriate scale (1) copy Site Cross Sections at appropriate scale (as needed to communicate design intent) Plan view of buildings (1) copy A list of proposed construction materials and colors (1) copy 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 18 (p - ;) :J.; Deliverable No.2: Due no later than 30 weeks from date of Commencement of Consultant Services. Draft Park Master Plan: Colored and mounted for presentation to Parks and Recreation Commission"purposes: Site Plan at appropriate scale (I) copy Site Cross Sections at appropriate scale (as needed to communicate design intent) Plan view of Buildings with programming completed to define the building footprint and costs (I) copy Elevations (all siMs) of buildings at Y.' scale (1) copy Entry Sketch perspective drawing (1) copy A construction materials and colors sample board (1) copy Additional Product: Written text providing complete information on concept, implementation, cost estimate, phasing, and all other information necessary to communicate the Draft Park Master Plan (I) each Deliverable No.3: Due no later than 35 weeks from date of Commencement of Consultant Services. Final Draft Park Master Plan: Colored and mounted for presentation to City Council purposes: Site Plan at appropriate scale (1) copy Site Cross Sections at appropriate scale (as needed to communicate design intent) Plan view of buildings with programming completed to define the building footprint and costs (1) copy Elevations (all sites of buildings at y." scale (1) copy Entry sketch perspective drawing (1) copy A construction materials and colors sample board (1) copy Additional Product: Written text providing complete information on concept, implementation, cost estimate, phasing and all other information necessary to communicate the Final Draft Park Master Plan (1 each) Full color, reduced (8Y:," x 11") reproductions of the Site Plan, Sections, Elevations, and Entry drawings (1 each) Deliverable No.4: Due no later than 40 weeks from date of Commencement of Consultant Services. Approved Park Master Plan: Colored and mounted for presentation purposes: Site Plan at appropriate scale (1) copy Site Cross Sections at appropriate scale (as needed to communicate design intent) 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 19 [¡; - J-8 Plan view of buildings with programming completed to define the building footprint and costs (1) copy Elevations (all sites of buildings at v." scale (1) copy Entry sketch perspective drawing (I) copy A construction materials and colors sample board (1) copy Additional Product: Written text providing complete information on concept, implementation, cost estimate, phasing and all other information necessary to communicate the Park Master Plan (1 each) Full color, reduced (8Y," x 11") reproductions of the Site Plan, Sections, Elevations, and Entry drawings (1 each) One set of reproducible for all of the above Deliverable No.5: All tasks as listed within Exhibit D attached hereto to be accomplished no later than the week number to which it corresponds on Exhibit D. 7.4 Date for completion of all Consultant services: Forty (40) weeks from the date ofthis Agreement. Times for perfonnance may be extended in the sole discretion of the Director of Parks and Recreation. 8. Contract Administrators. City: John Krizan Parks and Recreation Department 276 Fourth Avenue, Chula Vista, CA 91910 Phone No. (619) 409-5819 Fax No. (619) 409-5925 Applicant: Stephan E. Hester Trimark Pacific Homes, L.P. 85 Argonaut, Suite 205, Aliso Viejo, CA 92656 Phone No. (949) 609-1300 Fax No. (949) 46&.1666 Consultant: Glen Schmidt Schmidt Design Group, Inc. Landscape Architects 2655 Fourth Avenue, San Diego, CA 92103 Phone No. (619) 236-1462 Fax No. (619) 236-8792 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 20 ~-;)1 ( ) Category No. 1. ( ) Category No.2. ( ) Category No. 3. ( ) Category No.4. ( ) Category No.5. ( ) Category No.6. ( ) Category No. 7. 10. Insurance Requirements: (X) (X) (X) ( ) Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority ofthe department. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Business positions. Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000 Commercial General Liability Insurance: $1,000,000 Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) Errors and Omissions insurance: -$500,000.00 (not included in Commercial General Liability coverage) (X) 11. California Business and Professions Code / Section 5616 / Disclosure: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee 400 R Street Suite 4000 Sacramento, California 95814 (916) 445-4954 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 21 (p.;)S Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the necessary work and identifYing scope of work for community park master plan as outlined in Exhibit "An and, WHEREAS, public notice ofthe required architectural services was given to the American Society of Landscape Architects and in a paper of general circulation, inviting prospective Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified Landscape Architectural Consultants, and WHEREAS, the Consulting firm of Schmidt Design Group, Inc., Landscape Architects has significant expertise and experience in preparing park master plan documents within the San Diego and project area, and WHEREAS, the Park and Recreation Department has negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 ofthe Chula Vista Municipal Code. 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 22 /p- .:;.S 1. Exhibit C Compensation Schedule and Deposit: Terms and Conditions. (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth herein below according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all ofthe General and Detailed Services herein required of Consultant for $96,245.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule Breakdown of Consultant Hourly Fees for Sau Miguel Ranch Community Park Staff Hourlv Rate Schmidt Design Group. Inc. Principal Associate Landscape Architect/ Dir. Of Envir. Planning Licensed Landscape Architect Project Landscape Architect Assistant Landscape Architect Drafter Clerical/Typist Permitted Subconsultants: RNP Architecture & Planning Principal AssociatelProject Manager Project Architect Designer Draftsperson Clerical Flores Lund Consultants Principal Sr. Associate/Sr. Project Manager AssociatelProject Manager Sr. Project Engineer Project Engineer 130.00 100.00 85.00 65.00 55.00 45.00 35.00 140.00 95.00 85.00 70.00 65.00 45.00 160.00 130.00 115.00 110.00 100.00 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 23 {p.d.fp Design Engineer Civil Designer Senior CAD Specialist CAD Specialist 2-man Survey Crew Clerical 90.00 85.00 80.00 75.00 155.00 40.00 Turpin & Rattan Electrical Engineering Principal 110.00 Professional Engineer 95.00 Engineer 85.00 Senior Engineer 80.00 Designer 75.00 CAD Administrative 75.00 CAD Senior Technician 55.00 CAD Technician 50.00 Administrative Assistant 50.00 Southland Geotechnical Consultants Review of Project Plans/Geotechnical Documents Staff Geologist 55.00 Field ReconnaissancelUnderground Service Alert Staff Geologist 220.00 Field Investigation Drill Rig Backhoe Move on/off charge Staff Geologist Laboratory Testing MoisturelDensity Maximum Dry Density/ Optimum Moisture Expansion Index Sulfate Content R-Value 150.00 100.00 100.00 55.00 25.00 125.00 95.00 125.00 200.00 Geotechnical AnalysislReport Preparation Staff Geologist 55.00 Project Engineer 85.00 Principal Review 125.00 Draftsperson 40.00 Word Processor 35.00 2. Materials Separately Paid For by Applicant: All materials provided to Applicant, including: (X) Materials Reports Copies (X) Travel Cost plus 15% Cost plus 15% 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 24 (p-:J1 (X) Printing (X) Postage (X) Delivery (X) Long Distance Telephone Charges (X) Other Actual Identifiable Direct Costs Cost plus 15% Cost plus 15% Cost plus 15% Cost plus 15% Cost plus 15% Deposit For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant has paid to the City in satisfaction of the subdivision's Parklands obligation. (X) Deposit Amount: $663,310.00 to date. (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First ofthe Month ( ) 15th Day of each Month ( ) End ofthe Month ( ) Other: 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 25 iÞ,;;'6 C. D. City's Account Number: 00861-2751 Security for Performance ( ) ( ) ( ) (X) Performance Bond, $ Letter of Credit, $ Other Security: Retention: If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of, and as solely determined by the Director of Parks and Recreation. Other: 3ptyagmt March 5, 2002 City of Chula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 26 {p-d.'J Exhibit D San Miguel Ranch Community Park Master Plan Processing Task Summary Week Number Meet w/Staff Staff Review Activitv Description 1 X X Review programming expectations (Site Facility and Project Budget) 2 X X Review programming expectations (Site Facility and Project Budget) 3 X X Review programming expectations (Site Facility and Project Budget) 4 X X Review programming expectations (Site Facility and Project Budget) 5 X X Review programming expectations (Site Analysis & Program synthesis) 6 X X Review programming expectations (Site Analysis & Program synthesis) 7 X X Review programming expectations (Site Analysis & Program synthesis) 8 X X Review programming expectations (Site Analysis & Prograrn synthesis) Public Workshop #1 9 Consultant develops three scenarios - analysis 10 Consultant develops three scenarios - analysis 11 Consultant develops three scenarios ~ synthesis 12 Consultant develops three scenarios ~ synthesis 13 Consultant develops three scenarios - synthesis 14 X Consultant presents scenarios to staff Public Workshop #2 15 X Staff prepares response to presentation and selects preferred scenario 16 Consultant refines preferred scenario and prepares Preliminary Master Plan & budget 17 Consultant refines preferred scenario and prepares Preliminary Master Plan & budget 18 X X Consultant presents Preliminary Master PlanJo staff Public Workshop #3 Deliverable No.1 19 X Staff prepares response to refined scenario 20 X X Staff prepares response to refined scenario 21 Consultant prepares Draft Master Plan & budget 22 Consultant reviews Draft MP for costs 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc./Trimark Pacific Homes Page 27 ~-30 Week Number Meet w/Staff Staff Review Activity Description 23 Consultant prepares Draft Master Plan, budget building concepts, elevations, grading, etc. 24 Consultant prepares Draft Master Plan 25 X X Consultant presents Draft MP and budget to staff 26 X Staff prepares comments to Draft MP 27 X Staff prepares comments to Draft MP 28 Consultant refines Draft MP w/comments 29 Consultant refines Draft MP w/comments 30 X X Staffreview*/Schedule Parks and Recreation Commission (PRC) hearing Deliverable No.2 31 X Staff prepares PRC report 32 X X Parks and Recreation Commission hearing* 33 Consultant prepares Final Draft_Master Plan & budget, incorporates additional revisions, updates drawings 34 Consultant prepares Final Draft Master Plan & budget 35 Consultant prepares Final Draft.Master Plan & budget Deliverable No.3 36 X X Staffreview*/Schedule City Council hearing 37 X Staff prepares Council report 38 X Staff prepares Council report 39 X X City Council hearing* 40 X X Consultant completes Approved Master Plan Deliverable No.4 * Schedule reflects plan that requires no additional review by discretionary entity. 3ptyagmt March 5, 2002 City ofChula Vista/Schmidt Design Group, Inc.lTrimark Pacific Homes Page 28 &-3/ COUNCIL AGENDA STATEMENT Item No.: q Meeting Date: 03/12/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the FY 2001-02 Budget by adding a permanent Secretary position in the Planning and Building Department SUBMITTED BY: Director of Planning and BuildingJ~---~'~ --'~: ?' (4/5tbs Vote: Yes X No ) REVEEWED BY: City Manager d The proposed new secretary position is intended to support the Advance Planning, Growth Management, and General Plan Update Sections of the department, including serving as the secretary for the Growth Management Oversight Commission and the General Plan Advisory Committee. The position's range of duties and responsibilities is attendant to the Secretary classification. The Department is proposing convening hourly wages to fund a permanent secretary position. RECOMMENDATION: That the City Council adopt the resolution amending the FY 2001- 02 Budget by adding a permanent Secretary position in the Planning and Building Department. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: During recent departmemal reorganization, Advance Planning section was divided to create separate Advance Planning and Growth Management & Special Projects Sections, and adding a new section for the General Plan Update project. The subject position provides the clerical support for all three sections, and will also take on the provision of support and minute taking responsibilities for the new General Plan Advisory Committee (GPAC). Providing support to the three sections, and the Growth Management Oversight Commission and the GPAC requires the position to perform more responsible and complex tasks related to coordination of schedules and meetings, the organization, distribution and/or preparation of numerous written documents, and contact witb the public and other outside agencies and interests. The Human Resources Department has reviewed a list of duties and responsibilities for the position and has determined that they are clearly attendant to the secretary job classification. Due to the importance of the work, a permanent position is requested to maintain continuity and help minimize staff turnover. FISCAL IMPACT: In the current and future fiscal years, the position will be funded from savings in hourly wages. J:\planning\ed\gpbudgel\newsecretaryA1133 5-02 R3 RESOLUTION NO. 2002-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2001-02 BUDGET BY ADDING A PERMANENT SECRETARY POSITION IN THE PLANNING AND BUILDING DEPARTMENT WHEREAS, the Planning Division has recently reorganized the Advance Planning section; and WHEREAS, staff recommends approving a new, permanent secretary position to handle more responsible and complex tasks within that section, including coordination of schedules and meetings, the organization, distribution and/or preparation of numerous written documents, and contact with the public and other outside agencies and interests. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY 2001-02 budget by adding a permanent Secretary position to the Planning and Building Department. Presented by Approved as to form by Robert A. Leiter Planning and Building Director ;¡¿¿ J . Kaheny ( J ~ Attorney ------- nAttomeylcemlGP new ""'lacy 'esodoc r¡--d- CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 03/12/02 ITEM TITLE: PUBLIC HEARING: TO REVIEW THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM WHICH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: CITY MANAGER ~ 4/STHS VOTE: YES ~ NO ~X~ BACKGROUND Each year the City undertakes a process to solicit and approve programs and proiects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. RECOMMENDATION That the City Council conduct a public hearing to review and accept public comment regarding the Housing and Community Development needs for the 2002-03 CDBG program and HOME program, a.ccept the staff report, and direct staff to return on or about April 2, 2002 with the final funding recommendations. BOARDS/COMMISSIONS RECOMMENDATION For fiscal year 2002-03 a CDBG Ad-Hoc Committee was formed. The CDBG Ad-Hoc Committee was comprised of lwo Commission members from the Commission on Aging and two Commission members from the Housing Advisory Commission. The CDBG Public Services applications have been reviewed by the CDBG Ad-Hoc Committee and funding recommendations will be made. The CDBG staff and Ad-Hoc Committee recommendations will be presented for Council consideration and approval at the meeting of April 2, 2002. PAGE 2, ITEM NO.: MEETING DATE: 03/12/02 DISCUSSION CDBG Pro.qram The City of Chula Vista is eligible to receive $2,085,000 in CDBG entitlement funds from the Department of Housing and Urban Development (HUD) for FY 2002-03. CDBG funds will primarily benefit Iow and moderate income families, with a minimum of 70 percent of the funds required to be targeted to benefit Iow income households. Accompanying this report is the 2002-03 CDBG Notebook. Although not a HUD requirement, the CDBG Notebook has been used as a local tool by staff and Council members for several years to display an overall picture of all the CDBG requests for funding received on an annual basis. The Notebook compiles all proposed public service, community project, economic development, capital improvement project, and administration and planning activities for FY 2002-03. An additional segment of this public hearing is to afford residents of Chula Vista and the City Council the opportunity to comment on the manner in which CDBG funds should be allocated. Staff recommendations will not be made at this time and the City Council is not expected to take any adion other than to give desired diredion. After thorough consideration of public comment, staff will prepare a report presenting CDBG funding recommendations for Council action tentatively scheduled for April 2, 2002. For the 2002-03 CDBG program, the City of Chula Vista will receive a CDBG entitlement of $2,085,000. The total amount of CDBG funding requested, which includes all funding requests from community organizations and the City, is summarized as follows: CATEGORY AMOUNT REQUESTED Public Service Funding $457,894 Community Projects 223,494 Economic Development ! 86,961 Capital Improvement Program 1,652,600 Administration and Planning 417,000 TOTAL $ 2,937,949 In order to be eligible for block grant funding, a project or service must address at least one of ~he CDBG national objectives which are: 1} Benefit primarily Iow and moderate income families; 2) Aid in the prevention or elimination of slums or blight; and 3) Meet other community needs having a major emergency (disasters, etc.). Community-based non profit organizations will make a presentation before Council in the order presented below. Staff is available to respond to Council questions regarding the City CDBG funding requests. PAGE 3, ITEM NO.: ~ MEETING DATE: 03/12/02 PUBLIC SERVICE FUNDING REQUESTS The City received eleven (11) eligible requests for public service funding totaling $457,894. The City may allocate up to $312,750 for public service organizations, based on a 15 percent cap of the entitlement funds ($2,085,000 times 15 percent equates to $312,750). All of the funding requests from the public service organizations are CDBG-eligible as they meet the national objective to primarily benefit Iow-income families. The proposals are included in the CDBG Notebook under Public Service Requests in the following sequence: I YOUTH SERVICES AMOUNT REQUESTED TAB I CHULA VISTAYOUTH SERVICES NETWORK - ¢0£~01~41'1VX $149,931 This program provides youth education and counseling services in the area of tutoring/literacy, fine ads, mentoring, and day camp services. This collaborative is comprised of South Bay Community Services, Chub Vista Police Activities League, South Bay Family YMCA, Boys & Girls Club of Chula Vista, the Chula Vista Cluster Coordinating Council, and Chula Vista Parks & Recreation Department. TAB 2 SHARP HEALTHCARE FOUNDATION - ¢C~£/d4mO/~41'll/£ $25,000 The Sharp Mobile Health Care Clinic will provide health care to children whose parents cannot afford health insurance. The Mobile Health Clinic will rotate among seven strategically located schools. Volunteers and nurses will transpod students to the clinic from schools throughout the School District. Sharp HealthCare Foundation collaborates with Scripps and the Chula Vista Elementary School District. SENIOR SERVICES ' OUNT REQUESTED TAB 3 SOUTH BAY SENIOR COLLABORATIVE $82,054 This collaborative comprises the organizations of Meals-on-Wheels; St. Charles Nutrition; Adult Protective Services; and Lutheran Social Services Shared Housing. New additions to the senior collaborative include The Salvation Army; Elder Law & Advocacy; and the Chula Vista Parks and Recreation Department. Each of these organizations offer services to seniors including meal delivery; adult day care; and rental assistance. PAGE 4, ITEM NO.: ~ MEETING DATE: 03/12/02 , ,SCKLUU OUS OU.T ' K UKSTED II TAB 4 LUTHERAN SOCIAL SERVICES - PROJECT HAND $15,100 Project Hand is an emergency and career assistance center that provides clients with assistance.Shelter' food, clothing, transportation, medication, lob search assistance, and utiih/ TAB 5 CHULA VISTA FAMILY VIOLENCE PREVENTION AND INTERVENTION COALITION - ¢O£LABORAI'IV~ $44,900 This program provides education and outreach services to children, youth and families to aid in the prevention of violence. This collaborative proposal is comprised of South Bay Community Services, Chula Vista Police Department, the Center for Communih/Solutions, YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services. TAB 6 THURSDAYS MEAL $8,000 Thursday's Meal provides free hot meals to the homeless and very Iow income residents of Chula Vista. TAB 7 PARKS & RECREATION DEPARTMENT $50,028 C#ULA VISTA THERAPEUTIC PROGRAM This program promotes the benefits of a healthy lifestyle, improve physical ab I t es, build / confidence, and strengthen interpersonal skills for disabled individuals. TAB 8 CNULA VISTA PUBLIC LIBRARY CHULA VISTA LITERACY TEAM CENTER -¢OLI. ABORAT'II/'i $9,000 This collaborative proposel is comprised of the Chulo Vbto Public Library, the Chub Vista Adult School and the Altrusa Club of Chub Vista. This coalition was established with the goal of reducing illiteracy in the community. TAB 9 DRESS FOR SUCCESS $18,500 This program is designed to provide Employment Retention and Professional Image services to economically disadvantaged men and women who are making the transition from government subsidy to economic independence. TAB 10 INFORM CHULA VISTA - NEW COLLABORATIVE $20,000 J Inform Chub Vista is a collaboration of INFORM San Diego and the Chula Vista J Recreation Department. The purpose of Inform Chula Vista is to provide comprehensive, uncomplicated, and readily available health and human service information. TAB 11 SOUTHWESTERN COLLEGE - SOUTH COUNTY CAREER CTR $35,38 I The South County Career Center provides supportive services to Chula Vista job seekers in the form of training programs, assistance in determining career plans, and job development. Whenever possible, Chula Vista clients are matched with local employers. PAGE 5, ITEM NO.: ~ MEETING DATE: 0:3/12/02 COMMUNITY PROJECT REQUESTS The four (4) Community Project requests total $223,494 and include the foEIowing type of activities: [al neighborhood revitalization/interim assistance; [bi special activities by community- based development organizations; and [3] energy conservation. There is not a CDBG funding cap for this category. All of the funding requests are included in the CDBG Notebook under Community Projects and are summarized as follows: NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE AMOUNT REQUESTED TAB 12 LUTHERAN SOCIAL SERVICES - CARING NEIGHBOR $41,603 Lutheran Social Services is requesting funds to continue providing health and safety home repairs to seniors. A majority of the labor is donated by local south bay contractors. TAB 13 PLANNING AND BUILDING DEPARTMENT $66,386 COMMUNITY PRESERVATION PROGRAM The Building Division of the Planning Department is primarily responsible for enforcing the state and locally adopted building codes. This request will fund a tradtona code enforcement officer in the Iow-moderate areas throughout the city. I COMMUNITY BASED DEVELOPMENT ORGANIZATION AMOUNT REQUESTED TAB 14 SOUTH BAY COMMUNITY SERVICES - COMMUNITY DEVELOPMENT PROGRAM $88,400 This program creates housing/economic development opportunities for Iow-income households. ENERGY CONSERVATION AMOUNT REQUESTED TAB 15 METROPOLITAN AREA ADVISORY COMMITTEE - NEW REQUEST $68,708 MAAC proposes to provide weatherization services to elderly, disabled, and/or families with young children in Chula Vista. The energy efficiency services include an assessment of the home, safety check of all appliances, repair or replace doors, weather stripping, install hot water heater blankets, install Iow flow showerheads, etc. PAGE 6, ITEM NO.: MEETING DATE: 03/12/02 ECONOMIC DEVELOPMENT REQUESTS The five (5) Economic Development requests total $186,961 and include the following type of activities: [a] revolving loan program and [bi business retention and expansion. There is not a funding cap for this category. ECONOMIC DEVELOPMENT PROJECTS AMOUNT REQUESTED TAB 16 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL $31,500 The SCEDC proposes to establish a small business development fund to assist small businesses. This fund will allow the SCEDC to provide Iow interest loans to start-up and existing businesses to expand, acquire equipment or to maintain working capital to pay overhead expenses. TAB 17 SOUTH BAY COMMUNITY SERVICES - TEEN CENTER $27,560 This program provides youth employment training through the KIDZBIZ program. Youth are taught the essentials of operating a business. TAB18 CH lOG HM~T~cN~TTB i~) T~LHO[~INE EN TDDE~E :LA~MM [ NNTT ~ E E R E D U CT i O N $100,000 The proposed Development Impact fee Reduction program is designed to assist qualifying companies within High Tech/Biotech Zone pay the fees collected by the City to fund the actual construction cost of capital improvements (roads, sewers, etc.}. TAB 19 SOUTHWESTERN COLLEGE CONTRACTING OPPORTUNITIES CENTER $12,901 This program provides hands-on technical assistance to all small, small disadvantaged, veteran owned, woman owned and Historically Underutilized Business (HUB) zone business enterprises that desire to grow and expand their businesses in the governmental market sector~ The program will provide assistance in competing and potentially achieving government contracts. TAB 20 SOUTHWESTERN COLLEGE SMALL BUSINESS DEVELOPMEHT & INTERNATIONAL TRADE CENTER $15,000 Known as the "Economic Gardening" program, the Small Business Development & International Trade Center will provide Chula Vista Businesses, that have bee~ identified as potential growth companies, with detailed research reports using Geographic Information System (GIS} for the purpose of helping the businesses grow. PAGE 7, ITEM NO.: ~ MEETING DATE: 03/12/02 CAPITAL IMPROVBMENT PROGRAM REC~UESTK The Capital Improvement program category includes both non-profit and Ci~/ requests. The non-profit capital improvement requests total $297,600 and the City capital improvement requests total $1,355,000 for a total funding request of $1,652,600. The capital improvement program category does not have a funding cap limit. NON-PROFIT CIP REQUESTS AMOUNT REQUESTED TAB 21 BOYS & GIRLS CLUB OF CHULA VISTA RESTROOM/PARKING LOT/SECURITY IMPROVEMENT PROGRAM $62,700 The Boys & Girls Club is requesting funds to upgrade the restroom facilities; repave and repair the parking lot; and modernizing the fire and security equipment at the Oleander facility. TAB 22 SOUTH BAY COMMUNITY SERVICES $114,900 CASA NUEVA VIDAI & II REHABILITATION apartmentS°uth Bay complexC°mmunitylocatedServiCeSon Fourthis requestingAvenue.funds to rehabiJitate the transitiona housing TAB 23 CHULA VISTA AMERICAN LITTLE LEAGUE $120,000 Funds are to be used to complete Phase II of the proiect which includes construction of the handicapped accessible restrooms; the purchase of a lawn mover for lawn maintenance; and completion of the "multi-use" field. I CITY CAPITAL IMPROVEMENT PROGRAM AMOUNT REQUESTED TAB 24 DRAINAGE IMPROVEMENTS $833,500 Emerson Street $173,500 Corrugated Metal Pipe Rehabilitation/Removal Program $150,000 North Broadway Basin $150,000 Judson Basin Drainage, Hilltop to Tobias $150,000 Oxford Street, First to Second $210,000 TAB 25 PARKS/RECREATION IMPROVEMENTS $43,500 Playground Equipment Renovation 43,500 TAB 26 MISCELLANEOUS IMPROVEMENTS $175,000 Sidewalk Rehabilitation - Phase VI $125,000 ADA Curb Cuts Annual Program $50,000 PAGE 8, ITEM NO.: MEETING DATE: 03/12/02 TAB 27 E STREET BEAUTIFICATION $300,000 Funds will be used to provide landscaping and median improvements to the entrance of E Street beginning at the Interstate 5 exit. TAB 28 OTAY CENTER ART WALL $3,000 The Parks & Recreation Department is requesting funding for an Art Wall at the Gray Recreation Center for the conceptual phase of the Art Wall program. The conceptual phase includes community awareness and consultation ,,regardin,g, the Art Wall. Community meetings will be held to d scuss and gain input on art ideas . ADMINISTRATION AND PLANNING The following is a summary of the 2001-02 CDBG Administration and Planning activities totaling $417,000. The City may allocate up to this amount for Administration and Planning , based on a 20% cap of the entitlement funds. TAB 29 SOUTH BAY FAMILY YMCA HUMAN SERVICES COUNCIL $30,000 The Human Services Council develops coalitions between the communities of human service provlders to effectively utilize personnel and programs and serve as a catalyst to bring local government, private industry and bus ness organ zat ons together to address and resolve the communities needs. TAB 30 REGIONAL TASK FORCE ON THE HOMELESS $1,000 This program provides local agencies information on the homeless population throughout San Diego County. TAB 31 CHILD AND YOUTH POLICY ADVOCACY $46,200 This position supports the mission of the Child Care Commission and addresses the three major goals of the Commission to [1] serve as a resource to the Coordinating Council on childcare issues; [2] increase community awareness of the Child Care Corem ss on; and [3] hire a Child Care Coordinator for the City of Chula Vista. TAB 32 FAIR HOUSING COUNCIL OF SAN DIEGO $39,000 The Fair Housing Council assists the City in providing fair housing opportunities, responds to resident's concerns, and provides landlord-tenant counseling. TAB 33 CITY STAFF ADMINISTRATION $300,800 Provides for staff costs in administering the CDBG program. PAGE 9, ITEM NO.: MEETING DATE: 03/12/02 HOME PROGRAM BUDGET The City will receive $935,000 in HOME funds from HUD for FY 2002-03. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past five-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. The following proposals are included in the CDBG Notebook under HOME Program Budget in the following sequence: TAB 34 HOME STAFF ADMINISTRATION $93,500 Administrative costs for city staff to oversee the HOME program. This administrative cost represents 10% of the HOME budget. Administrative costs include staff costs for reportingC°°rdinatl°n'requirements.aCc°unting' monitoring of subreciplents, environmental review, and HUD TAB 35 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION $140,250 HOME program regulations require a participating jurisdiction to set-aside 15% of the annual HOME entitlement for a Community Housing Development Organization (CHDO) for the purpose of developing and/or supporting the City of Chula Vista in providing affordable housing projects in the City. TAB 36 SOUTH BAY COMMUNITY SERVICES OFFICE RENT $46,750 Funds will be used for office space. As a community based development organization HOME funds are eligible for this program. TAB 37 AFFORDABLE HOUSING DEVELOPMEHT $654,500 Funds will be used to acquire land for infill affordable housing units, single-family rehabilitation, and firstdime homebuyer programs. FISCAL IMPACT The City will receive $2,085,000 in CDBG entitlement funds. The fifteen (15) percent cap will limit the public service allocation to $312,750 and the ~wenty (20) percent cap will limit the administration and planning allocation to $417,000. In addition, the City will receive $935,000 in HOME funds for 2002~03. The grand total of 2002-03 CDBG and HOME funds to be used for eligible programs and projects will be $3,020,000. The CDBG and HOME program staff costs are reimbursable to the General Fund at 100% of the applicable full-cost recovery factor. J:\COMMDEV~STAFF REP\03 0$-02\CDBG Public Hearfng 2001.doc COUNCIL AGENDA STATEMENT Item Meeting Date: 3/12/02 ITEM TITLE: Resolution Accepting bids, rejecting the lowest bid, authorizing the Director of Public Works to increase the value of the contract and add streets as necessary in order to expend all available FY 2000-01 AB2928 Funds in Project ST-981 in conformance with State requirements, authorizing the City Manager to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-158 as needed to complete said additional streets, and awarding the Contract for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California (ST-981)" project, including alternate II. SUBMITTED BY: Director of Public Works/z~/ REVIEWED BY: C~ty Manager6.,/~ .~ iv (4/5ths Vote: Yes X No ) On January 23, 2002, the Director of Public Works received sealed bids for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California" (ST-981) project. The work to be done consists of resurfacing deteriorating pavement on Bonita Road between Willow Street and Otay Lakes Road and the rehabilitation of corrugated steel storm (CMP) drain pipe. The limits of the Bonita Road pavement overlay are from the easterly side of Willow Street to the westerly side of Otay Lakes Road. It should be noted that the proposed resolution would allow the Director of Public Works to add streets as necessary, based upon remaining ST-981 project funds, in order to assure the expenditure of FY 2000-01 Traffic Congestion Relief (AB2928) Funds by June 30, 2002. The proposed resolution would also authorize the City Manager to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-158 in order to assure complete expenditure of FY 2000-01 funds and to complete said additional work. These steps are necessary in order to assure that no FY 2000-01 AB2928 funds are returned to the State of California. RECOMMENDATION: 1. That Council reject the bid submitted by the apparent low bidder, Frank & Son Paving, Inc., for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California (ST-981)" Project. 2. That Council authorize the Director of Public Works to increase the value of the contract using all available FY 2000-01 AB2928 Funds in Project ST-981 and add streets as necessary in order to expend all available FY 2000-01 AB2928 Funds in conformance with State requirements. Page 2, Item Meeting Date: 3/12/02 3. That Council authorize the City Manager to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-158 as needed to complete said additional streets. 4. That Council accept bids and award the contract for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California (ST-981)" Project to the second lowest bidder, Hanson SJH Construction of San Diego, California, for $417,016.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 13, 2000, cities statewide were issued grants by the State Controller under a $400 million program as grants provided by Assembly Bill 2928 (AB2928). The City of Chula Vista's share of AB2928 "Traffic Congestion Relief Allocation" funding for FY2000-01 was $1,242,511.3l. These monies must be used only for street and highway pavement maintenance, rehabilitation and reconstruction of necessary associated facilities such as drainage and traffic control devices. On December 12, 2000, the City Council passed Resolution 2000-461 appropriating $1,242,511.31 in unanticipated revenue from the State of California, 3332928 "Traffic Congestion Relief Allocation" funds for the purpose of funding three new CIP Projects for FY2000-01. AB-2928 contains a provision that requires that all monies be expended by June 30, 2002. In addition, AB2928 does not allow the AB2928 Funds to be commingled with other funding sources. Any funds not expended by June 30, 2002 must be returned to the State and would be lost by the City. One of the projects is the "Bonita Road from Willow Street to Otay Lakes Road resurfacing and CMP rehabilitation/removal (ST-981)" project. The scope of ~vork under this project is to remove existing CMP and replace it with reinforced concrete pipe, remove and repair failed areas of pavement, apply a two-inch asphalt concrete overlay, install pedestrian ramps and bus stop pads, apply striping, and perform other miscellaneous work. Appendix "A" shows the location of work. Engineering staff prepared drawings, plats, and specifications and advertised the project. Staff received and opened bids on January 23, 2002. Thc City reccived bids from seven (7) contractors as follows: CONTRACTOR BID AMOUNT Base Bid 1. Frank & Son Paving, Inc. - Chula Vista, California $353,522.00 2. Hanson SJH Construction - San Diego, California $396,346.00 3. Hazard Construction Company - San Diego, California $425,850.00 4. SRM Contracting & Paving - San Diego, California $434,694.00 5. Daley-CCAC, J.V. - San Diego, California $442,742.00 Page 3, Item )t Meeting Date: 3/12/02 71 Southland Paving, Inc. - Escondido, California $472,997.00 Kirk Paving Incorporated - Lakeside, California $519,406.00 The original apparent low bid, submitted by Frank & Son Paving, Inc. is below the engineer's estimate of $461,800 by $108,278 or 23%. However, their bid proposal was non-responsive. Frank & Son Paving, Inc. failed to list a subcontractor to do the underground drainage items of work. Frank & Son Paving, Inc. is not licensed to perform underground work. Based on the disqualification of the original lowest bidder, the second lowest bid for the project was submitted by Hanson SJH Construction of San Diego, California. City staff reviewed their bid and it was below the engineer's estimate of $461,800 by $65,454 or 14%. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The request for proposals had two alternate bids items. Alternate I would install a Video Vehicle Detection system at three intersections. Alternate II would install Traffic Signal Loop Detectors at three intersections. Engineering Staff recommends awarding the contract with the Traffic Signal Loops Detectors (Alternate II). The basis of award is the Base Bid. The Base Bid does not include the alternate bid items. Alternate bid item II is summarized below in order of contractor's Base Bid amount. The contract grand total is also summarized below. The original Iow bidder, Frank & Son Paving, is not listed. CONTRACTOR ALTERNATE lI CONTRACT TRAFFIC LOOP DETECTORS GRAND TOTAL 1. Hanson SJH Construction $20,670.00 $417,016.00 2. Hazard Construction Company $23,400.00 $449,250.00 3. SRM Contracting & Paving $17,160.00 $451,854.00 4. Daley-CCAC, J.V. $19,500.00 $462,242.00 5. Southland Paving, Inc. $17,160.00 $490,157.00 6. Kirk Paving Incorporated $20,631.00 $540,037.00 in order to assure complete expenditure of the FY 2000-01 AB2928 Funds within the authorized titneframe, it is necessary to rehabilitate additional streets. Staff anticipates that approximately $105,000 (approximately 25% of the base contract amount) may be available to rehabilitate additional streets, depending upon the actual quantities of asphalt concrete dig-outs and overlay placed within Bonita Road under the ST-981 project. Therefore, staff proposes that the following streets be considered for rehabilitation if there are any remaining FY 2000-01 AB2928 funds in Project ST-981 not spent on Bonita Road: 1. Paseo del Rey, north of East H Street 2. Paseo Ranchero, north of East H Street 3. Buena Vista, between East H Street and Calle Santiago 4. East Naples Street, Foxboro Avenue to Melrose Avenue Page 4, Item 7 Meeting Date: 3/12/02 5. EastLake Parkway, south of Otay Lakes Road 6. Moss Street, Industrial Boulevard to Fourth Avenue The proposed resolution would authorize the Director of Public Works to add one or more of these streets to the rehabilitation contract based upon available funds in ST-981 in order to assure complete expenditure of the FY 2000-01 AB 2928 Funds. However, since the quantities and final contract amount cannot be precisely determined until construction is complete, the proposed resolution also authorizes the City Manager to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-158 as needed to complete the additional street rehabilitation. Use of the FY 2001-02 AB2928 Funds from Project DR-158 will not violate the provision prohibiting the commingling of funds. It should be noted that staff is also considering using available ST-981 funds to line a CMl? storm drain at Fourth Avenue and "C" Street under the DR-155 project. Although this pipe is probably not in immediate danger of failure, it is staff's opinion that this pipe should be replaced prior to the 2002-03 rainy season because of its location within a major intersection. However, staff's negotiations with the DR-155 contractor have not yet yielded a reasonable price for this work. If staff is successful in negotiating a reasonable price for this storm drain lining work, then staff will submit a change order for City Council consideration at a future meeting, which would include a transfer of funds from the ST-981 project. Such a recommendation would mean that some or alt of the additional street rehabilitation work outlined above would not be done as part of this contract. If staff is not successful in negotiating a change order with the DR-155 contractor, then this CMP pipe will be rehabilitated under either the DR-156 project (CDBG funding) or the DR-158 project (FY 2001-02 AB28298 funds) prior to the 2002-03 rainy season. Disclosure Statement Appendix "B" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act, and has determined that the proposed project is exempt pursuant to Section 15302, Class 2 (Replacement or Reconstruction of existing facilities). Wage Statement Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Page 5, Item ~,~i~ Meeting Date: 3/12/02 FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Base Contract Amount (Hanson SJH Construction). Base Bid plus $417,016.00 alternate II B. Additional Streets (Approximately 25% of Base Contract Amount) $105,000.00 C. Contingencies (Approximately 18% of Base Contract Amount) $ 75,484.00 D. Staff Costs (Design & Inspection) $ 50,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $647,500.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Bonita Road Rehabilitation Project - AB2928 Traffic Congestion $556,000.00 Relief Allocation for E¥2000-01 B. Funds Previously Transferred from DR-155 (CMP Rehabilitation) $91,500.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $647,500.00 Since the funding from AB2928 (Traffic Relief Congestion Allocation) must be used by June 30, 2002, staff requests authorization to expend all available funds by increasing the extent of removal and replacement of failed pavement areas (dig-outs) in Bonita Road, Willow Street, Allen School Road, and the 'west side of Otay Lakes Road between Bonita Road and Camino Elevado, and increasing the value of contract. Additional funds in the amount of $91,500.00 were previously transferred from project DR-155 (Corrugated Metal Pipe Rehabilitation at Various Locations) at the February 26, 2002 City Council meeting. Project DR-155 was awarded on February 26, 2002, and authorization to transfer funds to ST-981 (Bonita Road Pavement Rehabilitation and Drainage Improvement) was requested. Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: Appendix A. Location of Work plats. Appendix B. Contractor's Disclosure Statemeut. J:\Engineer\AGENDA\ST981 a-A113.doc APPENDIX" ~" A.C. OVERLAY ~ Q: \SDSKP£OJ\Sf981\Drow\Finol\st981c2. dwg 01/10/02 1,~:50:05 PST PROJECT FILE ST-981 ORAYtN BY: I17TLE: IPREPARED BY: ROBERTO SOLORZANO IBONITA ROAD PAVEMENT REHABILITATION IROBERTO SOLORZANO DATE: SHEET I I IAPPROVED BY: DEC-2001 OF 6 SHTS.] AND DRAINAGE IMPROVEMENTS ]JAMES R. HOLMES APPENDIX "A" A.C. OVERLAY ~ Q: \SDSKPROd\St981\Dro,,\Finol\st981c2. d~,g 01/10/02 1.]:50:05 PST PROJECT FILE ST-981 DRA~fV BY: I TITLD I PREPARED BY: ROBERTO SOLORZANO I BONITA ROAD PAVEMENT REHABILITATION ~JO DA TE: SHEET 2 I I APPROVED BY: DEC-2001 OF 6 SliTS.I AND DRAINAGE IMPROVEMENTS IJAMES R. HOLMES APPENDIX"A' A.¢. OVERLAY ~ ~ \SDSKPROJ\S~981~D~a.~F'~I\,t981c2.#wg 01/10/02 I~0~ PST PROJEO T FILE ST-981 DRA~ BK' I fl~E: IPREPARED BK' JROBERTO SOLORZANO DA ~:ROBER TO SOLORZANOsHEET ~ IJ BONITA ROAD PAYMENT REHABILITATION IAPPRO~D BK' OEC-200~ OF ~ SHTS. J AND DRAINAGE IMPRO~MENTS JJA~ES R. HOLWES APPFNr')IX "^" '~250 BONITA WP TYPE C SDRSD G-29 A.C. OVERLAY ~ \s~sKP~O~\s~gm \Oro,\~-,~o~\s~mc2. d,,g m/~o/o2 ;~:5o:o~ PST PROJECT FILE S T- 981 DRA~ BK' I 2~E: IPREPARED ROBERTO SOLORZANO JBONITA ROAD PAVEMENT REHABILITA~ONJROBERTO SOLORZANO DAT~' I SHEET 4 I J APPROVED OEC-200~ ]OF 6 SHTS. I AND DRAINAGE IMPRO~MENTS ]JAWES R. HOLMES I APPENDIX"A" REPLACE EX/STING 43"x27" CMPA WITH NEW 30" RCP L=150' APPROX. AVO. DEPTH TO FL: 3.6' 4475 BONITA A.C. OVERLAY ~ PROJECT FILE ST-981 DRAICAI BY.. 117TLE: IPREPARED BY: RoO~BTEE:RTO SOLORZANO ~BONITA ROAD PAVEMENT REHABILITATION ~ROBERTO SOLORZANO : SHEET .5 ! ~APPROVED BY: ~EC-2001 OF 6 SliTS.I AND DRAINAGE IMPROVEMENTS ~JAMES R. HOLliES APPENDIX "~ ~~ I,I INSTALL PCC BUS PAD - A.C. OVERLAY ~ PROJECT FILE ST-DDt ORAH,'N BY: TITLE: PREPARED BY: ROBERTO SOLORZANO BONITA ROAD PAVEMENT REHABILITATION ROBERTO SOLORZANO DATE: SHEET 6 APPROVED BY: DEC-2001 OF $ SHTS. AND DRAINAGE IMPROVEMENTS JAMES R. HOLMES APPENDIX "B" 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No )C If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No. X If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No .~ _If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ~ If Yes, which official** and what was the nature of item provided? Si~trac~or/Applicant Print or type namelof Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, bat is not limited to: Mayor, Council member, Planning Commissioner, of commission, committee of the City, employee, or staff members. Member board, a or J:\Enoineer~D ESIGN\ST981\St981 contr.doc 16 APPENDIX "B" THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, before any action upon matters that will require discretionary action by the Council, Planning Commassion and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or'beneficiary or trustor of the mast. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. J:\~nginee~DESlGN~STg81\St98 lcont r doc ][ 5 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING THE LOWEST BID, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO INCREASE THE VALUE OF THE CONTRACT AND ADD STREETS AS NECESSARY IN ORDER TO EXPEND ALL AVAILABLE FY 2000-01 AB2928 FUNDS IN PROJECT ST-981 IN CONFORMANCE WITH STATE REQUIREMENTS, AUTHORIZING THE CITY MANAGER TO TRANSFER MINOR ADDITIONAL FY 2001-02 AB2928 FUNDS FROM PROJECT DR-158 AS NEEDED TO COMPLETE SAID ADDITIONAL STREETS, AND AWARDING THE CONTRACT FOR THE "BONITA ROAD PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT IN THE CITY OF CHULA VISTA, CALIFORNIA (ST-981)" PROJECT, INCLUDING ALTERNATE II WHEREAS, on December 12, 2000, the City Council passed Resolution 2000-461 appropriating $1,242,511.31 in unanticipated revenue trom the State of California, AB2928 "Traffic Congestion Relief Allocation" funds for the purpose of funding three new CIP Projects for FY2000-01; and WHEREAS, AB-2928 contains a provision that requires that all'monies be expended by June 30, 2002 and, in addition, AB2928 does not allow the AB2928 Funds to be commingled with other funding sources; and WHEREAS, any funds not expended by June 30, 2002 must be returned to the State and would be lost by the City; and WHEREAS, on January 23, 2002, the Director of Public Works received the following seven sealed bids for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City ofChula Vista, California" (ST-981) project: CONTRACTOR BID AMOUNT Base Bid 1. Frank & Son Paving, Inc. - Chula Vista, California $353,522.00 2. Hanson SJH Construction - San Diego, California $396,346.00 3. Hazard Construction Company - San Diego, California $425,850.00 4. SRM Contracting & Paving - San Diego, California $434,694.00 5. Daley-CCAC, J.V. - San Diego, California $442,742.00 6. Southland Paving, Inc. - Escondido, California $472,997.00 7. Kirk Paving Incorporated - Lakeside, California $519,406.00 q-/L/ WHEREAS, the original apparent low bid, submitted by Frank & Son Paving, Inc. is below the engineer's estimate of$461,800 by $108,278 or 23%, however, their bid proposal was non-responsive because Frank & Son Paving, Inc. failed to list a subcontractor to do the underground drainage items of work and Frank & Son Paving, Inc. is not licensed to perform underground work; and WHEREAS, based on the disqualification of the originallowest bidder, the second lowest bid for the project was submitted by Hanson SJH Construction of San Diego, California; and WHEREAS, City staff reviewed Hanson SJH Construction's bid and it was below the engineer's estimate of $461,800 by $65,454 or 14% and staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, the basis of award is the Base Bid which does not include the alternate bid items; and WHEREAS, Alternate bid item II is summarized below in order of contractor's Base Bid amount with the contract grand total also summarized: CONTRACTOR AL TERNA TE II CONTRACT TRAFFIC Loop DETECTORS GRAND TOTAL 1. Hanson SJH Construction $20,670.00 $417,016.00 2. Hazard Construction Company $23,400.00 $449,250.00 3. SRM Contracting & Paving $17,160.00 $451,854.00 4. Daley-CCAC, J.V. $19,500.00 $462,242.00 5. Southland Paving, Inc. $17,160.00 $490,157.00 6. Kirk Paving Incorporated $20,631.00 $540,037.00 WHEREAS, in order to assure complete expenditure of the FY 2000-01 AB2928 Funds within the authorized timeframe, it is necessary to rehabilitate additional streets; and WHEREAS, staff anticipates that approximately $105,000 (approximately 25% of the base contract amount) may be available to rehabilitate additional streets, depending upon the actual quantities of asphalt concrete dig-outs and overlay placed within Bonita Road under the ST-981 project; and WHEREAS, therefore, staff proposes that the following streets be considered for rehabilitation jfthere are any remaining FY 2000-01 AB2928 funds in Project ST-981 not spent on Bonita Road: 1. 2. 3. 4. 5. 6. Paseo del Rey, north of East H Street Paseo Ranchero, north of East H Street Buena Vista, between East H Street and Calle Santiago East Naples Street, Foxboro Avenue to Melrose Avenue EastLake Parkway, south of Otay Lakes Road Moss Street, Industrial Boulevard to Fourth Avenue q-/5 2 WHEREAS, staff proposes that the Director of Public Works be authorized to add one or more of these streets to the rehabilitation contract based upon available funds in ST -981 in order to assure complete expenditure ofthe FY 2000-01 AB 2928 Funds; and WHEREAS, since the quantities and final contract amount cannot be precisely determined until construction is complete, the City Manager will be authorized to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-158 as needed to complete the additional street rehabilitation; and WHEREAS, use of the FY 2001-02 AB2928 Funds trom Project DR-158 will not violate the provision prohibiting the commingling offunds; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act, and has determined that the proposed project is exempt pursuant to Section 15302, Class 2 (Replacement or Reconstruction of existing facilities); and WHEREAS, contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby reject the bid submitted by the apparent low bidder, Frank & Son Paving, Inc., for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California (ST-98l)" Project. BE IT FURTHER RESOLVED that the Director of Public Works is authorized to increase the value of the contract using all available FY 2000-01 AB2928 Funds in Project ST- 981 and add streets as necessary in order to expend all available FY 2000-01 AB2928 Funds in conformance with State requirements. BE IT FURTHER RESOLVED that the City Manager is authorized to transfer minor additional FY 2001-02 AB2928 Funds from Project DR-l 58 as needed to complete said additional streets. BE IT FURTHER RESOLVED that the City Council hereby accept bids and award the contract for the "Bonita Road Pavement Rehabilitation and Drainage Improvement in the City of Chula Vista, California (ST-981)" Project to the second lowest bidder, Hanson SJH Construction of San Diego, California, for $417,016.00. Presented by Approved as to form by John P. Lippitt Director of Public Works n,ttom,yl,e<olbid, AB2928 FUNDS q-/t¡, 3 COUNCIL AGENDA STATEMENT Item Meeting Date 3/12/02 ITEM TITLE: Report on All-Way Stop Evaluation on North Greensview Drive at Eastridge Loop/Golfcrest Loop SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~2d ~ (4/5 Vote __Yes ~X No) On August 8, 2001, staff received a letter from Cecilia Moreno-Mead, 2444 Eastridge Loop, requesting that the intersection of North Greensview Drive and Eastridge Loop/Golfcrest Loop be evaluated for an all-way stop in order to improve intersection safety issues resulting from high vehicular approach speeds in the vicinity of the intersection. Staff evaluated the intersection utilizing the latest Council Policy, and recommended denial of the all-way stop control installation. At the Safety Commission meeting of November 11, 2001, the conunissioners supported the installation of the all-way stop control. Also, during the meeting, members of the public presented further evidence during the public hearing that supported the need for the installation. Based on the new evidence presented which disclosed that the original recommendation was no longer valid, staff chose to concur ~vith the Safety Comnfission's recommendation to install the stop signs. However, before staff could install the stop sign, a Chula Vista resident contacted Deputy Mayor Davis, stating his opposition to the all-way stop installation. At the December 4, 2001 City Council meeting, Deputy Mayor Davis asked that the matter be brought forward for Council review. RECOMMENDATION: That the City Council accept staff's report and permit the installation of the stop sign. BOARDS/COMMISSIONS: The Safety Commission, at their meeting of November 11, 2001, passed a motion MSUC 6-0-0 (White/Acton) to support the installation of all-way stop control. DISCUSSION: The request for the all-way stop was first investigated in October 19, 1999, when staff received a phone call from Ms. Cecilia Moreno-Mead, 2444 Eastridge Loop. The request cited the need for the all-way stop control because of the excessive speed of motorists traveling on North Greensview Drive and the need to provide for intersection safety due to the close proximity of Augusta Park. Staff studied the subject request utilizing the existing all-way stop policy at that time. Staff then presented their report and recommendation to deny the installation of all-way stop control at the Safety Commission's regularly scheduled meeting of January 13, 2000. The Safety Commission decided to have this item tabled for a future safety commission meeting MSCU Liken/White) 7-0-0. Page 2, Item /0 Meeting Date 3/12/02 On August 8, 2001, staff received a second written request from Cecilia Moreno-Mead to install an all-way stop at the subject intersection. In October 2001, staff re-evaluated the intersection of North Greensview and Eastridge Loop/Golfcrest Loop for all-way stop control. The subject intersection is a 4-legged intersection with existing stop signs on Easthdge Loop and Golfcrest Loop stopping northbound and southbound traffic as they approach the major street. Eastridge Loop and Golfcrest Loop are residential streets that extend north and south from North Greensview Drive and are 36' wide curb-to-curb. Both streets have a prima facie speed limit of 25 mph. North Greensview Drive in this area is a 48' wide curb-to-curb 2-lane Class II collector with an ADT of 2059, an 85th percentile speed of 33 mph and a posted speed limit of 35 mph. Parking is allowed on Eastridge Loop/Golfcrest Loop near the intersection; however, parking is prohibited along North Greensview Drive due to the presence of bike lanes. After receiving the request, staff completed an all-way stop control evaluation for the subject intersection of North Greensview Drive and Eastridge Loop/Golfcrest Loop. When considering an intersection for all-way stop control, several factors are studied to determine the need for installation. Pedestrians and vehicle volumes, accident history, and physical factors such as sight distances, speed of vehicles, and roadway alignment such as curves and topography are all taken into consideration. A review of the accident history for this intersection shows no reported accidents per any 12- month period prior to the investigation date. The Statewide accident rate for a similar type of 4- legged intersection is 0.22 accidents per million vehicles entering (aJmve). During the evaluation period, staff conducted sight distance measurements at this intersection. Motorists driving westbound on North Greensview Drive have stopping sight distances of 155' for Eastridge Loop traffic and 235' for Golfcrest Loop traffic. Eastbound motorists on North Greensview Drive have a stopping sight distance visibility of 120' for Eastridge Loop traffic and +400' for Golfcrest Loop traffic. The minimum required distance is 240' for the 35 mph posted speed limit mid 220' for the 33 mph 85th percentile speed. Stopping sight distance is measured from a 3.5' height of driver's eye to a 0.5' height of object in the roadway. Also, on January 22, 2002, staff reevaluated the comer sight distance at this intersection based on physical changes in the vicinity. The comer sight distance for motorists on Eastridge Loop looking toward both eastbound and westbound North Greensview Drive traffic was measured. The measured comer sight distance was 145' looking toward eastbound traffic and 157' looking toward westbound traffic from Eastridge Loop. However, the required intersection sight distance is 385' for the 35 mph posted speed limit and 363' for a 33 mph 85th percentile speed. This intersection sight distance is based on a 3.5' height of driver's eye and a 4.25' height of vehicle approaching the intersection. Staff then measured the sight distance based on motorists making an initial stop at the stop bar, but moving toward North Greensview Drive before making a right or left turn. The intersection sight distance for Eastridge Loop motorists increased when looking toward eastbound North Greensview Drive traffic to 216' and westbound North Greensview traffic to 253'. Page 3, Item / 0 Meeting Date 3/12/02 In accordance with the current all-way stop Council policy, the warrant evaluation had been conducted and the subject intersection had been awarded points based on the following conditions: UNUSUAL CONDITIONS: · 5 points were assigned because the intersection was between 101-250' from a bus stop and community park. · 5 points were assigned since this intersection provided for less than 60% of the required sight distance. PEDESTRIAN VOLUME · 4 points were assigned for the 3 pedestrians crossing the major street during the busiest hour of an average day. TRAFFIC VOLUME DIFFERENCE: · 4 points were assigned because of intersection volume ratio. The minor street (Eastfidge Loop / Golfcrest Loop) approach volume was 36.7% of the highest leg approach volume on the major street North Greensview Dr. Based on the location receiving 18 points out of a possible 100 points where 45 points were required to install the all-way stop, staff recommended to the Safety Commission to deny the installation of the all-way stop control. After soliciting public input and allowing for open discussion regarding the subject request, the Safety Commission voted to support the all-way stop installation MSC (Liken/Acton) 4-0-1-1 (McAlister abstained and Gove absent) based on the following: 1. There is considerable pedestrian and bicycle traffic to Augusta Park during the evening hours and on the weekends when staff was not present to observe in order to determine the allowable number of points under the policy. 2. There is a school bus stop at the subject intersection that generates considerable pedestrian crossings twice per day for pick-up and for drop-offof school age children. 3. Residents of the community are required to walk to the park since there is no parking of vehicles available at the park. This condition was placed on the development by the city as a means of encouraging residents to walk to neighborhood facilities instead of driving their vehicles. 4. Testimony at the hearing indicated that residents living in the vicinity of the park want the increased safety of the all-way stop for themselves and their children. 5. Testimony at the heating indicated that residents who do not live near the subject intersection, but must pass through it during their normal travel, are opposed to the stop signs. Some residents living near the subject intersection object to the noise generated by vehicles stopping and starting. In accordance with City Council Policy 110-09, "Safety Commission Policy, Delegating Additional Authority," if the Safety Commission's vote is contrary to the City Engineer's recommendation, the traffic item will be referred to the City Council and the authority as to such matters shall, on such referral, be vested in the City Council to be exercised on the affirmative vote of three members of the City Council. If new information or evidence presented at the ? Page 4, Item / 0 Meeting Date 3/12/0~ heahng discloses that the original recomanendation is no longer valid, the City Engineer may take an item off the City Council Agenda and concur with the Safety Commission's recommendation thus waiving the appeal process. Based upon the information presented as outlined above, staff believes the original recommendation is no longer valid and now concurs with the Safety Commission's recommendation. Accordingly, work orders to the Public Works Operations Division would have been prepared to install the stop signs except for the request of the Council to hear the item. It is, therefore, recommended that Council accept the Safety Commission's recommendation with staff's concurrence to approve the installation of all-way stop control at the intersection of North Greensview Drive and Eastfidge Loop/Golfcrest Loop. FISCAL IMPACT: If the all-way stop control is installed, it would cost $400 to install two R-1 stop signs, two W-17 "Stop Ahead" signs, stop legends and limit lines. Attachments: Vicinity Map E-mails from neighborhood residents who support the installation. J:\Engineer\AGENDA\N Greensview A-I 13-1 .doc 4-way Stop sign at N. Greensview and Eastridge Loop Page 1 of 2 Ralph Leyva To: jaspringer@mac.com Cc: Dave Rowlands; John Lippitt; Cliff Swanson Subject: RE: 4-way Stop sign at N. Greensview and Eastridge Loop Ms. Springer, The report for the all-way stop evaluation on North Greensview Drive at Eastridge Loop/Golfcrest Loop will be on the City Council Agenda for the meeting of February 19, 2002. The recommended action is that the City Council accept staffs report. The report states that the Safety Commission recommends the all-way stop control based on five factors described in the report and staff concurrs with the recommendation. Council Member, Patty Davis requested that the report be brought to the City Council for review. Staff intends to install the control unless instructed otherwise by the City Council. You may wish to attend the council meeting to witness the final decision. If you have any questions or wish additional information, please call me at the telephone number listed below. Ralph R. Leyva, Senior Civil Engineer Public Works, Traffic Engineering Section (619) 69t-5116 ..... Original Message ..... From: John Lippitt Sent: Wednesday, January 30, 2002 4:48 PM To: Ralph Le,/va Subject: FW: 4-way Stop sign at N. Greensview and Eastridge Loop ..... Original Message ..... From: Dave Rowtands Sent: Wednesday, .]anuary 30, 2002 1:46 PM To: I.]o Anne Springer' Ce: .]ohn Lippitt Subject: RE: 4-way Stop sign at N. Greensview and Eastridge Loop Ms. Springer, I have referred your e-mail to John Lippitt, Director of Public Works, for a response. Thank you. Dave Rowlands. City Manager ..... Original Message ..... From: .]o Anne Springer [mailto:jaspringer@mac.com] Sent: Wednesday, .]anuary 30, 2002 10:51 AM To: MAIGhafry@ci.chula-vista.ca.us; jlippitt@ci.chula-vista.ca.us; shorton@ci.¢hula-vista.ca.us; jrindone@ci.chula-vista.ca.us; spadilla@d.chula-vista.¢a.us; pdavis@ci.¢hula-vista.¢a.us; msalas@ci.chula-vista.ca.us; drowlands@ci.chula-vista.ca.us Subject: 4-way Stop sign at N. Greensview and Eastridge Loop Dear Madame Mayor, City Council Members, City Manager, and members of the Chula Vista Public Works: I strongly urge you to reconsider a recent decision to overturn the Safety Commission's earlier decision to install a 4-way stop at the intersection ofN. Greensview and Eastridge Loop in Eastlake Greens. It is my understanding that you received heavy opposition to the decision to convert the intersection from the current 2-way stop (on /o-b 2/1/02 4-way Stop sign at N. Greensview and Eastridge Loop Page 2 of 2 Eastridge Loop) to a 4-way one. I do not live near this intersection, but family members do and I often visit. It has been my experience that it is very difficult to gain adequate visibility to make a safe exit from Eastridge Loop when turning left onto N. Greensview. The high speeds at which cars routinely approach this intersection only serves to considerably increase the peril caused by the lack of visibility. My concerns are not limited to the driving hazards. Normal neighborhood pedestrian traffic is also at risk. That risk is further heightened by the fact that there is a parking prohibition in front of the park and pool on N. Greensview just east of this intersection, causing residents to frequently park on Eastridge Loop and walk to the park/pool from there. The park and pool are a popular site. As such, the intersection in its current state is a pedestrian accident waiting to happen. It is my considered opinion that objections to the proposed 4-way stop are motivated solely by a desire to sustain unimpeded higher speeds along N. Greensview. To enable such is counterproductive to vehicular and pedestrian safety in a residential corridor, and I therefore urge you to proceed with your original plans to install the 4-way stop with all due haste. Sincerely, Jo Anne Springer 1211 Atwater St. Chula Vista, CA 91913 2/1/02 Dangerous Intersection Update Page 1 of 2 Ralph Leyva From: John Lippitt Sent: Friday, January 18, 2002 5:15 PM To: 'Bert Creighton' Cc: Ralph Leyva; Cliff Swanson; Majed AI-Ghafry Subject: RE: Dangerous Intersection Update Dear Mr. Creighton, Although this item was approved by the Safety Commission, it was "called up" by the City Council. Therefore, it will be on the Agenda of the City Council during eady Feb. Mr. AI-Ghafry's telephone number is correct and he does have voicemail. John Llppitt ..... Original Message ..... From: Bert Creighton [mailto:bcreighton@mac.com] Sent: Friday, January 18, 2002 3:01 PM To: jlippitt@ci.chula-vista.ca.us Cc-' Bert Creighton Subject.' Dangerous Intersection Update Dear Sir, I am writing to express my ongoing support for a 4-way stop sign in Eastlake, at N. Greensview and Eastridge LOOp. I have tried to call Mr. Majed AL-Ghafry to ask about the status of the project but have not been able to reach him at 691-5237. There also is no voicemail at that number. This intersection causes the parents, and home owners on Eastridge Loop great concern. Each day we see commercial traffic and the residents of nearby developments in Eastlake exceeding the speed limit of 35 HPH, traveling at 45+ MPH and more. It is common each day during rush hour to see cars passing Eastridge residents on the left side and racing through the center of the intersection at N. Greensview and Eastridge Loop. We watch children exiting the Olympic View school bus in front of the swimming pool as they run across the street with traffic moving at excessive speed. As we leave Eastridge Loop and turn onto N. Greensview, we often find speeding cars that have come over the hill and wind up on our bumper. We have talked to the Police Department about this intersection and we were told the resources need to be put where the most crime is. We have already had a family pet killed at this intersection as it was 1/22/02 Dangerous Intersection Update Page 2 of 2 being walked. I hope the 4-way stop signs are installed as soon as possible before the dangers of this intersection cause further injury or death. The intersection at N. Greensview and Eastridge Loop is dangerous because many cars on N. Greensview travel at excessive speeds. Further, the view from Eastridge Loop of N. Greensview is: · obstructed by 8 years of vegetation grow, · a curving road, and · a road that drops below a hill. Add in rain, fog, darkness or other conditions and this intersection becomes even more unsafe. I have no doubt residents not living on Eastridge Loop are quietly fighting the 4-way stop. It is evident from their excessive speed that a stop sign, the only one in the entire area, would add several precious seconds to their commute. The few extra seconds are the safety margin I want to see for everyone in this area. I am trying to find out the status of the four-way stop. I attended and spoke at the last meeting where the project was approved, but we have not seen the signs go in. I have heard there may be an additional meeting, without the public invited, to vote again on this same, approved project. I hope this is not the case and the 4-way stop signs will go in. If you know the status of the 4-way stop at N. Greensview and Eastridge Loop, I would appreciate a brief update. If not, I would appreciate any assistance in forwarding my email to someone on your team for a reply. Thank you for your assistance on this important matter. Bert Creighton Director of Marketing 2453 Eastridge Loop Chula Vista, CA 91915 619.922.2453 1/22/02 COUNCIL AGENDA STATEMENT Item ti Meeting Date 3/12/02 ITEM TITLE: Resolution Approving agreement between the City of Chula Vista and ATC/Vancom, Inc. for operation of Chula Vista Transit (CVT) and maintenance of the CVT fleet for the period July 1, 2002 through June 30, 2007 SUBMITTED BY: Director of Public Works C~ REVIEWED BY: City Manager ~j~; ~ t'/ (4/5ths Vote: Yes__No X ) The last RFP to solicit proposals for operation of CVT and maintenance of the CVT fleet was issued in February 1993. As a result of the Request for Proposal (RFP) process, San Diego Transit was selected as the CVT contract operator for a three-year term. Since then three extensions to the agreement have been approved by Council with the latest being on February 2001. Our current agreement terminates on June 30, 2002. In a cooperative effort, Transit staff worked with Metropolitan Transit Development Board (MTDB) staff to develop and issue a Request for Technical Proposals (RFTP) in a two-step process with a service start date of July 1, 2002. At its December 11, 2001 meeting, Council accepted a report on the proposed CVT request for RFTP for CVT operations and bus fleet maintenance, and authorized staff to issue the RFTP. The Transit Division issued the RFPT on December 18, 2001. (A copy of the Contract is attached for Council's information as Attachment 1.) Advertisements were placed in the Chula Vista Star News, El Latino, and Passenger Transport, a national trmlsit weekly publication of the American Public Transportation Association. RRTP's were distributed to over 50 interested parties and a pre-proposal conference was held on January 8, 2002. Four proposals were received by February 4, 2002. These four proposals were evaluated by a five member panel, in accordance with the evaluation process outlined in the RFTP. Proposals were categorized as acceptable or unacceptable based on the criteria outlined in the Technical Qualification Criteria Table (see Attachment 2.) Each evaluation criteria was scored solely on a pass/fail scale and only those proposals that passed all evaluation criteria were considered acceptable. As a result of this evaluation process, the panel found ATC/Vancom, Inc. (ATC) and Laidlaw Transit Services, Inc. as meeting all of the qualifyiug criteria. The second step was to opcu thc scaled bids of those firms that were found qualified. As a result of the bid opening on February 15, 2002, ATC was found to be the apparent low bidder. RECOMMENDATION: That Council approve agreement between the City of Chula Vista and ATC/Vancom, Inc. to operate Chula Vista Transit for a five-year period, July 1, 2002 through June 30, 2007. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable Page 2, Item ~ ~ Meeting Date 3/12/02 DISCUSSION: Summary of Evaluation Process The technical proposals were submitted with accompanying sealed bids. These proposals were then evaluated by a panel composed of the following members: Elliot Hurwitz (MTDB), John Vater (County Transit), Jack Dickens (City Fleet Manager), Jeff Codling (Assistant Transit Coordinator) and Andy Trujillo (Transit Coordinator). Only the bids from those firms whose technical proposals were found to meet all the requirements were opened at a public bid opening at MTDB on Friday, February 15, 2002. The lowest apparent bid was then evaluated to determine fiscal responsibility. Table 1 BID RESULTS FIR~M 5-YEAR COST (INCLUDES START-UP COST) RATE PER MILE ATC/Vancom, Inc. $25,011,962.25 $3.1518 (year 1) Laidlaw Transit Services $27,119,071.00 $3.4290 (year 1) All bidders were required to, and did, comply with the responsible wage provisions of MTDB's Policy 32, Section 32.10. A copy of the wage proposal is included as Attachment 3. ATC's proposed starting wage is $0.25 higher that the Policy 32's minimum of $9.00 and $0.40 higher then the current wage paid by SDTC. They also intend to have a collective bargaining agreement in place by July 1, 2002. Prior to the bid opening, two of the four firms providing proposals were disqualified because they failed to meet all the requirements of the evaluation process. One of these firms, First Transit, Inc., formally requested that we reevaluate the committee's decision to disqualify its proposal. This request was reviewed by transit staff as well as the Director of Public Works, The City's Purchasing Agent, and the City Manager's office and it was determined that the evaluation committee's decision to disqualify the firm's proposal should stand. This was formally communicated to First Transit, Inc. and the City has received no further correspondence on the issue. FISCAL IMPACT: At the time of award this contract would contain no City of Chula Vista General Fund contribution. The CVT operating and maintenance contract costs will be funded by MTS pooled TDA Article 4.0 funds. ATTACHMENTS: 1) Contract 2) Technical Qualification Criteria Table 3) Policy 32's Section 32.10 and Wage Tables File: DS-027/035 }l:\Ttansit~AI 13 Approving Agreement.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATCjVANCOM, INC. FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF THE CVT FLEET FOR THE PERIOD JULY 1, 2002 THROUGH JUNE 30, 2007 WHEREAS, at its December 11, 2001 meeting, Council accepted a report on the Request for Technical Proposals (RFTP) for CVT operations and bus fleet maintenance, and authorized staff to issue the RFTP; and WHEREAS, the Transit Division issued the RFTP on December 18, 2001; and WHEREAS, four proposals were received on February 4, 2002 and were evaluated by a five member panel; and WHEREAS, as a result of this evaluation process, the panel found ATcjvancom, Inc. and Laidlaw Transit Services, Inc. as meeting all of the qualifying criteria; and WHEREAS, the sealed bids of the two qualified firms were opened and as a result of the bid opening on February 15, 2002, ATC was found to be the apparent low bidder. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement between the City of Chula Vista and ATCjvancom, Inc. for operation of Chula Vista Transit and maintenance of the CVT fleet for the period July 1, 2002 through June 30, 2007, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works J. \òUorney\re,o\CVT /I-B Attachment 2 TECHNICAL QUALIFICATIONS CRITERIA TABLE CVT FIXED-ROUTE BUS SERVICES Qualification Criteria Pass Fail 1. Experience of Firm MANDATORY CRITERIA The firm, or management team as a The firm, or management team as a whole, must have three (3) or more whole, has less than three (3) years years recent and relevant experience recent and relevant experience in in providing regularly scheduled providing regularly scheduled fixed- fixed-route public transit service, route public transit service. This service must be similar in size, Experience not similar in size, scope, scope, and complexity (mutes, miles, and complexity (mutes, miles, hours, hours, vehicles, etc.) to the vehicles, etc.) to the requested requested service. The experience service vehicles, etc.). Expedence must include at least one year of does not include at least one year of providing the above services using providing services using CNG or CNG or LNG powered buses. LNG powered buses. 2. Experience of Staff to be Assigned to this Project 2.1 Responsible Management Five (5) or more years of recent and Less than five (5) years of recent and Individual relevant direct experience managing relevant direct experience managing MANDA TORY CRITERIA all aspects of a public transit service all aspects of a public transit service. similar in scope and complexity Not similar in scope and complexity (routes, miles, hours, vehicles, etc.) (routes, miles, hours, vehicles, etc.). to the requested service. (See: Exhibit "A") 2.2 On-Site Manager Five (5) or more years general, Less than five (5) or years general MANDATORY CRITERIA overall recent and relevant overall recent and relevant experience managing 1 regularly experience managing ~ regularly scheduled, fixed-mute public bus scheduled, fixed-mute public bus transit service similar in size, scope, transit service. Not similar in size, and complexity (mutes, miles, scope, and complexity (routes, hours, vehicles, etc.) miles, hours, vehicles, etc.) (See: Exhibit "A") 2.3 On-Site Fleet Maintenance Five (5) or more years recent and Less than five (5) or more years Manager relevant experience managing 2 the recent and relevant experience MANDA TORY CRITERIA maintenance functions of a heavy- managing 2 managing the duty transit shop (maintaining 35'-40' maintenance functions of a heavy- coaches) similar in scope and duty transit bus shop. Not similar in complexity to the requested service, scope and complexity. Experience At least two of these five years must does not include two years of work be with CNG or LNG buses. (See: on CNG or LNG transit coaches. _ Exhibit "A") 2.4 Operations Manager (Assistant Two (2) or more years recent and Less than two (2) years recent and On-Site Manager) relevant experience managing the relevant experience managing the MANDATORY CRITERIA operations function of a regularly operations function of a regularly scheduled fixed mute transit service, scheduled fixed route transit service. Provide detailed skills, experience Does not adequately describe ski,s, and attributes to be demanded of the experience and attributes to be individual(s) to be assigned. (See demanded of the individual(s) to be __ Exhibit "A") assigned. ~ Managing involves having direct supervisory responsibility for staff, operations and/or maintenance personnel. 2 Managing involves having supervisory responsibility for maintenance personnel, A-13 Qualification Criteria Pass Fail 3. Facilities Mafntenance Plan 3.1 Facilities Maintenance Plan Provide details of process for Does not adequately describe the MANDATORY CRITERIA compliance with the facility facility maintenance plan. Lack of a maintenance requirements. Provide functional analysis for locating for the functional analysis of the functions. No statement regarding different operating, maintenance, the exclusive use of the facilities and administrative functions. Must identified for services described in also include a statement that the this proposal. facilities are to be used exclusively for services described in this proposal 4. implementation, System Management and Vehicle Maintenance Plans 4.1 Implementation Plan Comprehensive, detailed plan No comprehensive, detailed MANDA TORY CRITERIA showing how all start-up tasks (e.g., implementation plan described. The hiring and training personnel, plan is not complete or is facilities preparation, and vehicle unreasonable. No contingency plan. preparation). The plan should allow for flexibility. Indicate contingency plans, including a discussion of typical things that go wrong at startap and how those problems would be mitigated. 4.2 System Management Plan A comprehensive, detailed program The program not comprehensive, MANDATORY CRITERIA showing staffing and equipment detailed showing staffing and commitment, staff responsibilities, equipment commitment, staff management plan and quality control responsibilities, management plan to ensure continued high quality and quality control. transit service. 4.3 Organization Chart Include an administration, Organization chart does not show MANDA TORY CRITERIA maintenance, and operations the relationship of staff/employee organization chart showing the positions and levels and the number relationship of staff/employee of pemonnel. All job classifications/ positions and levels and the number positions not shown with FTE's. of pemonnel. All job classifications/positions must be shown with FTE's. 4.4 Vehicle Maintenance Plan Comprehensive, detailed vehicle Vehicle maintenance program not MANDATORY CRITERIA maintenance program including the comprehensive and detailed. Does number and type of pemonnel not include the number and type of directly involved, plan for personnel directly involved. Does accomplishing preventive not include a plan for accomplishing maintenance and intervals, general 3reventive maintenance, general repairs, warranty work, wheelchair repairs, warranty work, wheelchair liF0'ramp maintenance, and required liffJramp maintenance, and required vehicle maintenance. (See: Exhibit vehicle maintenance. "A", Attachment #3) 5. Safety and Training 5.1 Safety Compliance Report For companies operating in For companies operating in MANDA TORY CRITERIA California, submit the latest copy of California, no copy or not the latest California Highway Patrol Safety copy of California Highway Patrol Compliance Report (CHP 343) for Safety Compliance Report (CHP an~d the most recent fixed-route 343) for and not the most recent project Report (CHP 343a). 3 fixed route project Report (CliP 343a). 3 These reports must indicate satisfactory ratings. This report These reports do not indicate should indicate a iow number of satisfactory ratings. This report violations per vehicle, Iow relative to indicates a high number of violations fleet size, and Iow administratively, per vehicle, high relative to fleet size and/or high administratively. 5.2 Safety Program Submit a detailed safety training and No program provided. Or MANDATORY CRITERIA safe driving program including hiring unacceptable detailed safety training criteria, new hire training, ongoing and safe ddving program including training, accident/incident hiring criteria, new hire training, procedures, handling passengers ongoing training, accident/incident special needs, and wheelchair procedures, handling passengers' lift/securement procedures. Includes special needs, and wheelchair a program that specifically addresses lift/securement procedures. Does not safety around CNG and related include a program that specifically equipment and required addresses safety around CNG and certifications. Includes an Injury & related equipment and required Illness Prevention Program certifiactions. Does not include an incorporating all employees, Injury & Illness Prevention Program, equipment, and facilities, or includes such a program that does not incorporate all employees, equipment, and facilities. 5.3 Mechanic Training Plan Submit a detailed mechanic training No or unacceptable detailed MANDATORY CRITERIA program to incorporate the mechanic training program. requirements of Exhibit "A", Attachment #3, Sections 1,2, and 3. 5.4 Driver Training Plan Submit a detailed fixed-route driver No or unacceptable detailed fixed- MANDA TORY CRITERIA training program to incorporate the route driver training program. requirements of Exhibit "A", Attachment 6. Driver Retention Plan MANDA TORY CRITERIA The contractor is required to submit No plan submitted or plan not a Driver Retention Plan that is competitive in the marketplace competitive in the marketplace covering the base term period. No covering the base-term period. Plan methodology fully explained or should include a methodology to incentives proposed that would maximize driver retention and cause continued driver retention. stability of work force and incentives Wage level form not completed. for driver retention. Wage level form Wage levels unreasonable for the is complete with reasonable wage marketplace. The plan does not levels for the marketplace. The plan meet the Specific Driver Retention must meet the Specific Driver Requirements detailed in the Retention Requirements detailed Driver Retention Plan in the Driver Retention Plan Requirements, Section 14.6. _____ _Requirements, Section 14.6. 3 For bidders without any California operations, the equivalent safety inspections from other states will be accepted if the inspection applies to: (A) the maintenance program, (B) maintenance program adherence, (C) shop practices, (D) vehicle conditions, (E) maintenance records, and (F) driver assignments. A-15 7. Performance Surety MANDA TORY CRITERIA If Proposer intends to provide a Letter from a corporation surety not performance bond, technical offer submitted. Letter submitted, but must be accompanied by a letter Proposer is not bondable for required from a corporate surety safisfactory amount or the bondable amount is to AGENCY, indicating that Proposer not shown on the letter. No letter is bondable for the required amount from financial institution concerning and must be dated within the past Irrevocable Letter of Credit. 30 days. Proposer does not have resources to furnish Letter of Credit for the If Proposer intends to provide an required amount. Irrevocable Letter of Credit, Technical Proposal must be accompanied by a letter from a financial institution indicating that Proposer has the resources to furnish the Irrevocable Letter of Credit for the required amount and must be dated within the past 30 days. 8. References MANDA TORY CRITERIA A minimum of three (3) acceptable A minimum of three (3) acceptable references from three different references not provided. References clients where the bidder has not from three different clients. provided satisfactory service Projects not similar in scope and acceptable to AGENCY on projects complexity. Any of the three similar in scope and complexity. All references are not from a public three references must be from a agency where bidder has provided public agency where bidder has publicly funded, regularly scheduled provided publicly funded, regularly fixed-route transit service. scheduled fixed-route transit service. Evidence that contractor has history Agency shall be able to contact other of poor service quality performance transit services operated by under similar transit fixed-route bus Proposer in order to establish contracts. contractor service quality. Attachment 3 - Responsible Wage Policy and Wage Table & Proposed Wage Table ~, 32.10 S~e~ip~q Res onsible Wa es and Benefits. MTDB will include as part of the bid documents a minimum wages and benefits requirement for vehicle drivers operated as a result of a bus, mini-bus, van, or other service contract. The purposes of this requirement are: to retain fully trained, qualified and experienced drivers; to provide a high level of quality transit service to the transit patrons; and to reduce absehteeism and driver turnover. a. Base Wage Level - In advance of the initiation of a bid process, MTDB will conduct an analysis to develop minimum Wage level requirements for the term of the contract. A base Wage rate, for purposes of the analysis, is established at $8.35 per hour for July 1, 2000, for drivers after a training and probation period. The analysis will identify a cost of living index (based on prior five-year average San Diego Consumer Price Index) for each future year as a starting point fo~: establishing a minimum Wage each year of the future contract. All existing MTDB-contracted vehicle driver Wage rates and all existing labor agreements of the M'f'DB- contracted vehicle ddvers, entered into after the effective date of this section, will thSn be reviewed. The initial starting point Wage rate based on the five-year ayerage San Diego Consume - adjusted to insure consistenc,, w ~- ---' · . r P.r!ce Index Would be ' ~- ,u~ ux~Sung rransn service contracts for the remaining years of those contracts. Any years in a new contract that are beyond the termination of an existing contract would be calculated based on the five-year average San Diego Consumer Price Index. b. Training Wage Level - MTDB shall set a level no less than 90 percent of the base Wage level after probation. Training pay shall not exceed 160 hours. If additional training is required beyond 160 hours, the employee shall be paid at the wage level of probation Wage after codification. c. Probation Wage After Certification _ A driver who is in training and exceeds 160 hours or who has been certified as a driver shall have a minimum Wage level set by MTDB of no less than 95 percent of the base Wage level for a period not to exceed 90 days after COmpletion of training. d. The above wage categories shall be established as minimums in the contract bid requirements and are base driver Wage levels excluding benefits and any Performance bonuses. These minimum Wage categories shall app y to full-time and Pad-time drivers of contract services. e. Health Benefits - MTDB shall include Jn bid documents the requirement ¢or the contractor to offer full-time and part-time vehicle drivers (20 hours or more per week) a family health plan based on a minimum employer contribution. The minimum contribution for the health benefit is established at $1.25 per hour for July 1, 2000. The health benefit plan contribution standard would be indexed based on the prior five-year average San Diego Consumer Price Index for each year of the contract to be awarded. f. The requirements of this section shall not apply to proposers and , ~;: contractors whose vehicle drivers are subject to a collective bargaining agreement. 1/ CVT Fixed-Route Bus Services FORM 6.2: WAGE AND BENEFITS PROPOSAL FORM ATTACHMENT # 1 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATCNANCOM, INC. FOR CVT FIXED-ROUTE BUS SERVICES @ ~ 11- 1/ AGREEMENT BETW¡::EN THE CITY OF CHULA VISTA AND ATCNANCOM, INC. FOR CVT FIXED-ROUTE BUS SERVICES THIS AGREEMENT is made and entered into this - day of , 2002, by and between the City of Chula Vista, hereinafter referred to as "AGENCY" and ATCNANCOM, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, the AGENCY is an eligible transit operator to the extent authorized by Section 99210 of the Public Utilities Code; and WHEREAS, the AGENCY provides fixed-route public transit services to the City of Chula Vista and portions of the jurisdictional areas of the City of National City and the County of San Diego; and WHEREAS, the AGENCY has authority to enter into Agreements with transit companies for provision of public transportation service in unincorporated areas and the above-stated jurisdictions; and WHEREAS, CONTRACTOR has represented that it has the necessary expertise, personnel, and other resources, and is qualified to perform such services. NOW, THEREFORE, it is mutually understood and agreed as follows: I. STATEMENT OF WORK CONTRACTOR shall operate and manage public transit bus service in the area herein specified in a manner acceptable to the AGENCY and in strict compliance with this Agreement and with the requirements set forth in Exhibit A, entitled "Scope of Work", attached hereto and by this reference incorporated herein and made a part thereof. CONTRACTOR's Technical Proposal submittal shall also be attached to this Agreement and incorporated as a plan for fulfilling the requirements in the Scope of Work. II. GENERAL PROVISIONS A. ChanGes The AGENCY, or its designated representative, may at any time, by written order, make changes within the general scope of this Agreement, in the definition of services to be performed, and the time and place of performance thereof. If any such change causes an increase or decrease in the cost of or the time required for the performance of any part of the work under this Agreement, whether changed or not changed by any such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Any claim by the Pro Forma Contract B-1 II-I&- CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change. However, if the AGENCY, or its designated representative decides that the facts justify such action, the AGENCY, or its designated representative may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for adjustment, the AGENCY, or its designated representative shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes". However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the Agreement as changed. Additions/deletions of routes, as well as modifications including changes in route mileage or timetables, shall not be considered as "changes" for the purposes of this Article. Additions/deletions of routes, modifications to route mileage or timetables, and compensation relating thereto, are governed solely by Article III of this Agreement. B. Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the AGENCY, or its designated representative, which shall furnish the decision to CONTRACTOR in writing. The decision of the AG¡::NCY, or its designated representative shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. CONTRACTOR shall proceed diligently with the performance of the Agreement pending the AG¡::NCY, or its designated representative's decision. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph 1 above. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or board on a question of law. C. Termination for Convenience of the AGENCY 1. The performance of work under this Agreement may be terminated by the AG¡::NCY in accordance with this clause in whole, or from time to time, in part, with 30 days written notice, whenever the AGENCY shall determine that such termination is in the best interest of the AGENCY. Any such termination shall be effected by delivery to the CONTRACTOR of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 2. After receipt of a Notice of Termination, and except as otherwise directed by the AGENCY, the CONTRACTOR shall: Pro Forma Contract B-2 II' I~ a. Stop work under the Agreement on the date and to the extent specified in the Notice of Termination. b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination. d. Assign to the AGENCY all of the rights, title, and interests of the CONTRACTOR under the orders and subcontracts so terminated, in which case the AGENCY shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. f. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination. 3. Take such action as may be necessary, or as the AGENCY may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the CONTRACTOR and in which the AGENCY has, or may acquire, interest. After receipt of a Notice of Termination, the CONTRACTOR shall submit to the AGENCY a verified termination claim. Such claim shall be submitted promptly but in no event later than 90 days from the effective date of termination, unless one or more extensions in writing are granted by the AGENCY upon request of the CONTRACTOR made in writing within such 90-day period or authorized extension thereof. g. 4. The CONTRACTOR and the AGENCY may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Agreement price as reduced by the amount of payments otherwise made and further reduced by the Agreement price of work not terminated. In no event shall the AGENCY be liable for any loss of profits on the portion of the Agreement so terminated. The Agreement shall be amended accordingly, and the CONTRACTOR shall be paid the agreed amount. D. Default and Excess Re-Procurement Liability The AGENCY may, by written notice of default to CONTRACTOR, terminate this Agreement in whole or in part should CONTRACTOR fail to make satisfactory progress, fail to deliver within time specified herein or fail to deliver in strict conformance to specifications and requirements set forth herein. In the event of Pro Forma Contract B-3 /I,¡if such termination, the AGENCY reserves the right to purchase or obtain the items supplied and/or services elsewhere, and the defaulting CONTRACTOR shall be liable for the difference between the prices set forth in this Agreement and the actual cost thereof to the AGENCY. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of the Agreement under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for termination for convenience of the AGENCY, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of the AGENCY provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. The AGENCY may terminate this Agreement if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR or if CONTRACTOR makes an assignment for the benefit of creditors. If the CONTRACTOR must pay the AGENCY under this clause, the AGENCY may utilize payments due CONTRACTOR in order to obtain payment due the AGENCY. E. Riqht to Acquire Equipment and Services Nothing in this Agreement shall prohibit the AGENCY from acquiring the same type or equivalent equipment and/or services from other sources when deemed by the AGENCY to be in its best interest. F. Governinq Law This Agreement shall be construed and interpreted according to the laws of the State of California. G. CONTRACTOR AssiGnments and Subcontractinç¡ Neither this Agreement, nor any interest herein, nor hereunder may be assigned by CONTRACTOR either voluntarily or by operation of law, nor may all or substantially all of this Agreement be subcontracted by CONTRACTOR without the prior written consent of the AGi=NCY. No consent shall be deemed to relieve CONTRACTOR of its obligations to comply fully with the requirements hereof. H. Audit and Inspection of Records The AGENCY shall have the audit and inspection rights described in this section. Cost and/or pricing data - If the CONTRACTOR submitted cost or pricing data in connection with the pricing of this Agreement or any change or modifications thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial Pro Forma Contract B-4 1/-/5 quantities to the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the AGENCY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. CONTRACTOR shall maintain such books, records, data, and documents by generally accepted accounting principles as required by the uniform system of accounts and records adopted by the State Controller pursuant to Section 99243 of the Public Utilities Code and as required by the Transportation Planning Agencies. Availability - The materials described above shall be made available at the Maxwell Maintenance Facility (MMF), at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by (a) and (b) below: a. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. b. Records which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three (3) years after Agreement completion, whichever is longer. The CONTRACTOR shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the General Manager under the AGENCY's prime Agreement I. Inspection of Service All performance (which includes services, materials, supplies, and equipment furnished or utilized in the performance under this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the AGENCY at all times during the term of the Agreement. The CONTRACTOR shall provide adequate cooperation to any inspector assigned by the AGENCY to permit the inspector(s) to determine the CONTRACTOR's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the AGi=NCY shall be made in such a manner as not to unduly interfere with CONTRACTOR performance. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, the AGENCY shall have the right to require the CONTRACTOR to perform the services in conformity with said specifications and requirements at no increase in the total Agreement amount. When the services to be performed are of such a nature that the difference cannot be Pro Forma Contract B-5 II""' I (p corrected, the AGi=NCY shall have the right to: a. require the CONTRACTOR to immediately take all necessary actions to ensure future performance of the services in conformity with the requirements of the Agreement, and b. reduce the Agreement price to reflect the reduced value of the services performed. In the event the CONTRACTOR fails to perform the services promptly or take necessary actions to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, the AGENCY shall have the right to either: (1 ) by the Agreement or otherwise have the services performed in conformity with the Agreement specifications and charge to the CONTRACTOR any cost occasioned to the AGENCY that is directly related to the performance of such services, or (2) terminate the Agreement for default as provided in the "Termination" clause. J. Federal. State, and Local Laws CONTRACTOR warrants that in the performance of this Agreement it shall comply with all lawful federal, state, and local orders, rules, regulations, and/or requirements such as the Americans with Disabilities Act, the California Department of Motor Vehicles Pull-Notice System for drivers, and any other matter that impacts safety, eligibility for funding, risk exposure, or other relevant area of endeavor. K. Data Reported CONTRACTOR agrees that all data, including, but not limited to, reports and information, required to be furnished by this Agreement together with any other information furnished orally shall be free from proprietary restrictions except as elsewhere authorized in this Agreement. CONTRACTOR further agrees that all such data is owned by the AGENCY and that CONTRACTOR shall have no interest or claim thereto. The CONTRACTOR further agrees to participate as requested by the AGENCY in research and/or evaluative studies designed to show the effectiveness of services provided under this Agreement. L ~&QpJ2Qrtu nity i3Il9Affirn1illi'lEJJl._ctiQr1 In connection with the carrying out of this Agreement, CONTRACTOR and AGENCY shall not discriminate against any employee or applicant for employment because of race, creed, color, gender, marital status, medical condition, disability, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall comply with all AGENCY requirements for affirmative action programs for vendors. Pro Forma Contract B-6 11-/1 M. N. Non-Discrimination on the Basis of Disability CONTRACTOR shall comply with all federal, state and county regulations implementing Section 504 of the Rehabilitation Act of 1973, 29 USC 706 as promulgated by the Department of Justice in Title 28, Code of Federal Regulations, Part 41 and the Americans With Disabilities Act of 1990. The Metropolitan Transit Development Board (MTDB) will provide, outside the scope of this agreement, the required ADA complementary paratransit service. Special FundinQ Consideration This Agreement will be financed with funds available to the AGENCY under Article 4.0 of the California Transportation Development Act (TDA), other regional funding, and fare revenues. This Agreement is contingent upon the receipt of these funds by the AGENCY. In the event that funding from these sources is eliminated or decreased, the AGENCY reserves the right to terminate this Agreement or modify it accordingly. The CONTRACTOR hereby expressly waives any and all claims against the County of San Diego, MTDB, and the cities of National City, and Chula Vista for damages arising from the termination, suspension or reduction of the funds provided under which this Agreement is made. O. Conflict of Interest The CONTRACTOR covenants that it presently has no interest, including but not limited to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by it under this Agreement. P. Conduct of Contractor The CONTRACTOR agrees to inform the AGENCY of all the CONTRACTOR's interests, if any, which are or which the CONTRACTOR believes to be incompatible with any interests of the AGENCY. The CONTRACTOR shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing work under this Agreement. The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and, knowledge of selections of contractors or subcontractors in advance of official announcement. Pro Forma Contract B-7 11-1 ~ o. R. The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to AGENCY employees. Non-Discrimination in Service Delivery CONTRACTOR shall ensure that services are provided to the public without regard to race, color, religion, ancestry, gender, marital status, age, national origin, ethnic group identification, medical condition, or disability. DruQ and Alcohol Free Workplace CONTRACTOR shall meet all requirements set forth by the Federal government's Omnibus Transportation Employee Act of 1991, in regards to controlled substance and alcohol use and testing. As a material condition of this Agreement, the CONTRACTOR agrees that the CONTRACTOR and CONTRACTOR employees, while performing service for the AGENCY, on AGENCY property, or using AGENCY vehicles and/or equipment: a. Shall not be in any way impaired because of being under the influence of alcohol or drug. b. Shall not possess an open container of alcohol or consume alcohol or possess or ingest an illegal drug. c. Shall not sell, offer, provide, or transfer alcohol or drug to another person directly or indirectly. (This paragraph shall not apply to a CONTRACTOR or its employees who as part of the performance of normal job duties and responsibilities prescribes and/or administers medically prescribed drugs.) The CONTRACTOR shall inform all employees that are performing services for the AGENCY, or are on AGENCY property, or are using AGENCY vehicles and/or AGENCY equipment, of the AGENCY objective of a safe, healthful, and productive workplace, and the prohibition of drug and alcohol use or impairment from same while performing such service for the AGENCY. The AGENCY may terminate for Default or Breach of this Agreement and any other Agreement the CONTRACTOR has with the AGENCY, if the CONTRACTOR's employees are determined by the AGENCY, or its designated representative, not to be in compliance with the conditions listed herein. S. Subcontracts CONTRACTOR shall include the provisions of clauses H, I, J, K, L, M, N, 0, P, Q, and R of this Article II in every subcontract entered into by CONTRACTOR in furtherance of the performance of this Agreement. B-8 11-1 ~ Pro Forma Contract T. AGENCY AssiQnment of AQreement The AGENCY may, at any time during the term of this Agreement, reassign its responsibilities under this Agreement to another public agency. CONTRACTOR shall be notified of such reassignment with no less than ten working days written notice. Written notice shall indicate the effective date of reassignment. Upon reassignment, all references to "AGENCY" in this Agreement shall be understood to refer to the public agency identified in the written notice. All conditions, responsibilities, duties, and requirements of the Agreement, on the part of both AGENCY and CONTRACTOR, shall remain in full force and effect III. PAYMENT A. Rate per Revenue Service Mile For CONTRACTOR's full and complete performance under this Agreement, the AGENCY agrees to pay CONTRACTOR the rates per Revenue Service Mile indicated below: LOCAL Operating Cost per Agreement Year Revenue Service Mile Year #1: 7/1/02 through 6/30/03 - $3.1518 Year #2: 7/1103 through 6/30/04 - $3.2461 Year #3: 7/1/04 through 6/30/05 - $3.3432 Year #4: 7/1/05 through 6/30/06 = $3.4433 Year #5: 7/1/06 through 6/30/07 - $3.5464 B. ChanGe in Estimated Miles At any time, the AGENCY may require CONTRACTOR to increase or decrease the revenue service miles provided. If the increase does not exceed fifty percent (50%), or if the decrease does not exceed twenty percent (20%) of the original total estimated revenue service miles, the revenue service mileage rate specified above shall remain in effect. If, because of: (a) the AGENCY's requirement to increase or decrease revenue service miles, (b) the AGENCY's requirement to change time tables, or (c) strike, civil disaster or public calamity, the individual or cumulative change in revenue mileage exceeds fifty percent (50%) of the original total estimated revenue service mileage, the AGENCY and CONTRACTOR shall negotiate a new revenue service mileage rate on this new revenue service mileage that exceeds 50 percent (50%) of the original total estimated revenue service mileage or to all remaining revenue service miles if such mileage is decreased by more than twenty percent (20%) from the original total estimated revenue service mileage. The AGENCY is estimating that the CONTRACTOR will operate 7,355,000 Pro Forma Contract B-9 II-JO scheduled vehicle revenue service miies during the base term of this Agreement. It must be noted that this mileage figure is only an estimate and that the actual number of revenue service miles operated may differ from this estimate. Estimated Scheduled Revenue Service Miles: 7/1/02-6/30/03 = 7/1103-6/30/04 = 7/1/04-6/30/05 = 7/1/05-6/30/06 = 7/1/06-6/30/07 = 1,427,500 1,427,500 1,500,000 1,500,000 1,500,000 7,355,000 C. Rate per Revenue Hour for Additional Scheduled or Unscheduled Service CONTRACTOR will be paid for scheduled or unscheduled service requested specifically by AGENCY to maintain service reliability or respond to special, emergency, or unforeseen situations. CONTRACTOR will not be paid for additional scheduled or unscheduled service not specifically requested by AGENCY. AGENCY estimates, but makes no guarantee of 3,000 hours of additional scheduled or unscheduled service per year. CONTRACTOR shall be paid at the rates shown below per revenue hour of service specifically requested by AGENCY. Operating Cost per Agreement Year Revenue Hour Year#1: 7/1102 through 6/30/03 = $19.10 Year #2: 7/1/03 through 6/30/04 - $19.67 Year #3: 7/1/04 through 6/30/05 - $20.26 Year #4: 7/1/05 through 6/30/06 - $20.86 Year #5: 7/1/06 through 6/30/07 = $21.48 D. Fuel Costs Fuel costs for all revenue vehicles used exclusively for the services in this Agreement shall be provided and paid for by the AGENCY. The AGENCY will pay the entire cost of fuel for these vehicles, including any fuel taxes, excluding any surcharges for wet-hose fueling. Under ordinary circumstances, all CNG and diesel vehicles must be fueled at the Maxwell Maintenance Facility (MMF) using the facility's CNG fuel dispensers and diesel fuel pumps. Under extraordinary circumstances (malfunction of facility fuel station, etc.), CONTRACTOR is responsible for fueling vehicles. Diesel may be purchased off- site as follows: off-site diesel fuel purchases shall be made from a maximum of two fueling locations, and the price must be competitive. Price paid by CONTRACTOR shall be considered competitive if the cost is no more than 5 percent higher (for the same fuel of the same grade) than the average lowest price charged by three fuel dealers within a ten-miie radius of the MMF (or as Pro Forma Contract 8-10 /1-;)/ close as otherwise practicable). Such comparison shall be made by CONTRACTOR if requested by AGi=NCY. Under these same extraordinary circumstances, CONTRACTOR may fuel CNG- powered vehicles at alternative CNG fueling stations designated by AGENCY upon prior notification and approval of AGENCY. In such circumstance, AGENCY will reimburse CONTRACTOR as a pass-through expense with the monthly invoice. Vehicles shall be fueled with fuel allowed by vehicle manufacturers' specifications, unless otherwise specifically requested by AGENCY. Fuel must meet all State of California Air Resources Board regulations. CONTRACTOR shall submit to the AGENCY copies of the invoices and/or receipts necessary to establish the fuel cost paid by CONTRACTOR and the number of gallons/therms used for each vehicle and in total within the performance of the contract with the monthly report. Invoices shall include, at a minimum, the vehicle number, date gallons/therms fueled, and price paid per gallon/therms. Fuel report shall be provided in Microsoft i=xcel formatted spreadsheet. As a public agency, certain fuel taxes paid by CONTRACTOR (the direct fuel purchaser) may be reimbursable to AGENCY. CONTRACTOR shall be responsible, at its own cost, for the timely and accurate completion of all administrative tasks related to the reimbursement of fuel taxes to AGENCY by the appropriate local, state, and/or federal agencies. Any and all such taxes reimbursed by direct payment to CONTRACTOR shall be paid to AGENCY by deducting the amount from the next monthly invoice. AGENCY reserves the right to arrange for CONTRACTOR fuel purchases from another public transit operator or agency in the region in order to take advantage of competitive pricing. E. Fare Revenue Retained CONTRACTOR shall collect, count, and account for all fare revenues and media received during the provision of services included in this Agreement. Said fare revenues shall be deposited into the AGENCY's designated bank account. CONTRACTOR shall be responsible for all fares collected. Prior to the start of service under this Agreement, CONTRACTOR shall provide the AGENCY with a written description of CONTRACTOR's procedures regarding collection. counting, securement, and controlling of fare revenues. These procedures shall be subject to AGENCY approval. As a part of the fare revenue procedure, CONTRACTOR shall prepare a "Fare Revenue Report" on a weekly basis. A copy of this report will be delivered to the AGENCY prior to the Thursday of the following week. These reports shall indicate amount of fare revenue expected from passenger counts recorded by drivers on the "Daily Trip Record." The amount of fare revenue shall be substantiated by actual cash count including a full reconciliation with registering fareboxes. All fareboxes used will be cash and coin registering fareboxes that do not have electronic probe capability. Pro Forma Contract B-11 /I . :; ;).. CONTRACTOR shall empty all farebox vaults and count all farebox revenue daily seven days per week. The actual cash count, the estimated revenue based on driver passenger counts taken on farebox keypads or manual passenger counters, and farebox readings shall be reconciled on fare revenue report. The farebox and revenue control process shall include an exception process to identify daily any farebox that is not properly registering. Fareboxes that are not properly registering shall be repaired within 24 hours. Fare revenues reported by the CONTRACTOR shall be based on actual cash counts. When "estimated fares collected" vary from "actual fares counted" by more than one percent (1 percent), CONTRACTOR shall provide the AGENCY with written explanation of cause of the variance and indicate what corrective action will be taken. F. Other Pass-throuqh Expenses Any necessary pass-through expenses will be evaluated by the AGENCY and considered on a case-by-case basis. These amounts, if approved in advance by the AGENCY, shall be billed as part of the normal monthly invoice. G. Additional Services During the term of the Agreement, the AGENCY may require CONTRACTOR to provide additional services directly related to the service described herein but outside normal, routine operations shall be considered additional services. The AGENCY, or its designated representative shall authorize any additional services in advance of service delivery. Charges for additional services shall be mutually agreed to, after a determination of fair and reasonableness by the AGENCY, or its designated representative. H. EmerQency Work In the event of a local emergency and upon the request of the AGENCY, or its designated representative, CONTRACTOR shall make transportation, communications, and other desired equipment available for emergency service to the degree possible. Emergency uses may consist of evacuation, transportation of injured, movement of people and food to emergency shelters, or transportation in emergency situations that may include failure of another transit operator to provide service. CONTRACTOR shall be paid the Rate Per Revenue Hour for additional or unscheduled service as quoted. Reimbursement for such emergency services would be over and above the "Maximum Payable" of this Agreement and paid by monthly invoice. Pro Forma Contract B-12 II' ;;3 Start-up Costs and Bonus Upon commencement of service under this Agreement, CONTRACTOR shall submit an invoice and be paid for start-up costs and the initial performance surety costs. Payment of the performance surety shall be made at the beginning of each year of the contract and shall be made based on the actual invoice paid for such performance surety, not to exceed the maximum bid amount for the performance surety. The CONTRACTOR shall be eligible for two start-up bonuses. Criteria number one (1), related to hiring shall be paid in November 2002 (as part of the October 2002 invoice), while criteria number two (2), related to start-up service, shall be paid in August 2002 (as part of the July invoice). Criteria and bonus amounts are as follows: BONUS \ Eligibility Criteria Bonus Amount CONTRACTOR hires at least 95% of existing CVT Services drivers for service operated under this agreement. 1 Qualifying drivers must be paid starting at their current or $30,000 hiqher waqe and benefit level' and be retained through at least October 31, 2002. To earn Part 2 of the bonus, the following criteria must be 2 met for all of the first seven days of service under this Agreement Bonus increment based on completing each task. A All pullouts on-time leaving yard $5,000 B Completed trips equal to or greater than 99.75% of $5,000 scheduled trips C On-time performance equal to or greater than 85% of $5,000 the AGENCY's sample of at least 150 time checks. D Drivers in the approved uniform while driving in service. $5,000 "'Current or higher wage and benefit level" refers to wage and benefit levels of driver employed by existing (pre-July 1, 2002) CVT contractor on June 30, 2002. J. Maximum Payable The amount of payment based on estimated revenue service mileage due CONTRACTOR is estimated to be $24,632,353 for the transit service provided during the period July 1, 2002 through June 30, 2007. The total cost of this Agreement including initial start-up bonus, start-up costs, cost based on revenue mileage and revenue hours, performance bonuses (if applicable), fuel adjustment cost, and carryover term (if applicable) shall not exceed $26,310,019 (see chart below). Pro Forma Contract B-13 II - J.~ CVT FIXED-ROUTE BUS SERVICES CONTRACT PRICE LIST i=XPENSi= Yi=AR 1(a) Initial Start-Up Bonus: 50,000 Performance Surety: 10,000 Start-Up Costs: 25,000 ($25,000 Maximum) Per Revenue Mile Cost: 4,499,195 4,633,808 Per Revenue Hr. Cost: 57,300 59,010 (a) Performance Bonuses: 191,300 191,300 Other Pass-Through 50,000 51,500 Expenses (a): Total Costs: 4,882,795 (a) i=stimate provided by AGi=NCY. 4,945,618 TOTAL 50,000 50,500 25,000 5,014,800 5,164,950 5,319,600 24,632,353 60,780 62,580 64,440 304,110 200,000 200,000 200,000 982,600 53,045 54,636 56,275 265,456 5,338,625 5,492,166 5,650,815 26,310,019 K. Claims for Payment CONTRACTOR shall submit a claim for payment to the AGENCY after the end of each month of the contract term. All payments made by the AGENCY to CONTRACTOR shall be made in arrears, after the service has been provided. No payment shall be made for revenue service miles or hours scheduled but not provided. Payment shall be made by the AGENCY no more than 30 (thirty) days from the AGENCY's receipt of invoice. If the AGENCY disputes any item on an invoice, the AGENCY may deduct that disputed item from payment, but shall not delay payment for undisputed portions. The amounts and reasons for such deductions shall be documented to CONTRACTOR within 15 working days after receipt of invoice. Payment shall be made by voucher or check payable to: ' ATCNANCOM Attention Mr. Bill McCloud 2015 Spring Road, Suite 750 Oak Brook, Illinois 60523 Pro Forma Contract B-14 II ~ ;;5 IV. AGENCY-/CONTRACTOR-FURNISHED EQUIPMENT/FACILITIES A. v. In performance of services inciuded in this Agreement, the AGENCY will furnish vehicles and equipment to CONTRACTOR as stipulated in Exhibit A and Attachments. Unless otherwise specifically stated in this Agreement, all repairs and maintenance to this equipment shall be the responsibility of CONTRACTOR throughout the duration of this Agreement. CONTRACTOR agrees that this equipment will not be used for any purpose other than that required to operate, maintain, repair, wash, license, fuel, or other activity associated with this Agreement's operation unless otherwise specifically authorized by the AGENCY. CONTRACTOR shall not use AGENCY-owned equipment for the purpose of transporting drivers to or from relief-on-route points unless previously approved by AGENCY. B. AGENCY owns and hereby grants CONTACTOR to operate and maintain certain real property and improvements located at 1800 Maxwell Road, Chula Vista, California, 91911 and related facilities beginning July 1, 2002 (hereinafter referred to as "licensed facilities"). The licensed facilities shall be utilized by CONTRACTOR as required to perform this Agreement. (See Exhibit A and related Attachment 7 regarding terms and conditions for the improvements and use of the facility, which hereby are incorporated into this Agreement.) DISENTANGLEMENT A. DisentanQlement Process The Disentanglement process (Disentanglement) shall begin on any of the following dates: The date any Termination Notice is delivered by AGENCY pursuant to Article II.,C. Termination for Convenience of the AGENCY; the date the AGENCY notifies CONTRACTOR that no funds or insufficient funds have been appropriated pursuant to Article II.,N. Special Funding Considerations; the date designated by the AGENCY (not earlier than ninety (90) days prior to the end of the base term); the extended term that the AGENCY has not elected to extend pursuant to Article IX. ,B. Carryover Term. CONTRACTOR and the AGENCY shail mutually agree upon the nature and extent of CONTRACTOR's disentanglement obligations and for the transfer of Services in process. CONTRACTOR's obligation under this agreement to provide all services necessary for Disentanglement shall not be lessened in any respect by this provision. CONTRACTOR shall be required to perform its Disentanglement obligations within a reasonable time as determined by AGENCY, if AGENCY terminates the base term pursuant to Article II.,C. or N. Pro Forma Contract B-15 J I . ;;t. B. General Obliqations Upon disentanglement, CONTRACTOR shall cooperate with the AGENCY and any new service provider and otherwise promptly take all steps required to assist the AGENCY in effecting a complete transition of services. Cooperation efforts include, but are not limited to, the prompt and orderly conclusion of all work, as the AGENCY may direct, including completion or partial completion of projects, documentation of work in process, asset transfers and other measures as agency may deem appropriate. All services related to Disentanglement shall be deemed a part of the base term. CONTRACTOR's obligation to provide services shall'not cease until this Disentanglement is satisfactory to the AGENCY. Specific Obliqations in Detail The Disentanglement Process shall include the performance of the following specific obligations: Full Cooperation and Information - Cooperation shall include the provision (both before and after the cessation of CONTRACTOR's providing all or any part of the Services under this Agreement) by CONTRACTOR to the AGENCY of full, complete, detailed, and sufficient information (including all information then being utilized by CONTRACTOR) to enable the AGENCY's personnel (or that of third parties) to fully assume and continue without interruption the provision of the Services. No Interruption or Adverse Impact - CONTRACTOR shall cooperate with the AGENCY and all of the AGENCY's other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of Services, no adverse impact on the provision of Services or the AGENCY's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. Delivery of Documentation - CONTRACTOR shall deliver to the AGENCY or its designee, at the AGENCY's request, all documentation and data related to the provision of services of this Agreement to the AGENCY. Hirinq of Employees - CONTRACTOR, and if applicable subcontractors, shall cooperate with and assist the AGENCY or it's designee in offering employment, at the sole discretion of the AGENCY, to any or all CONTRACTOR empioyees (and to any or all employees of CONTRACTOR's subcontractors) that are substantially involved in the provision of services whether such offers are made at the time of, after, or in anticipation of expiration or termination of the Agreement. C. Preparation for Disentanqlement Maintenance of Assets - CONTRACTOR shall maintain AGENCY-owned equipment, and other assets utilized in providing services to the AGi=NCY, in good condition and in such locations and configurations as to be readily Pro Forma Contract B-16 11..~7 identifiable and transferable back to the AGENCY or its designees in accordance with the provisions of this Agreement. VI. PERFORMANCE SURETY A performance surety is required during the period of this Agreement. Before the Agreement between the CONTRACTOR and the AGENCY shall be valid or binding against the AGENCY, the CONTRACTOR shall enter into a joint and several Bond with the AGENCY for the use of said AGENCY, which bond shall be signed by the CONTRACTOR in two or more good and sufficient sureties, or with a surety company as surety, and shall be in the amount of five hundred thousand dollars ($500,000) in which said bond shall at all times be kept in full force and effect. An irrevocable letter of credit from a bank in the required amount is also acceptable. Fifty thousand dollars ($50,000) of the bond (or irrevocable letter of credit) shall be continued for six months beyond the end of this Agreement to ensure CONTRACTOR'S obligations with respect to disentanglement are met. Said Bond shall be in a form acceptable to AGENCY attorney and from an A5 rated company at a minimum. The condition of the Bond or irrevocable letter of credit shall be that the CONTRACTOR shall fully and faithfully perform all conditions of the Agreement and these specifications. If it is determined by the AGENCY that the CONTRACTOR has substantially failed to truly keep and perform the covenants, conditions and agreements this Agreement, and any amendments thereto made as herein provided, then the AGENCY may require the surety to perform. The AGENCY shall notify the Surety and give the Surety a reasonable opportunity to perform. If the Surety fails to perform, the AGENCY shall perform and assess the Surety on its Bond for the cost of such performance. Cost of such performance includes the costs of all labor and equipment reasonably necessary to perform the work in CONTRACTOR's absence. The performance bond or irrevocable letter of Credit shall take effect July 1, 2002, and remain in full force and effect throughout the duration of this Agreement. The performance bond or irrevocable letter of credit submitted at the beginning of this Agreement shall cover a term of no less than one year. CONTRACTOR must renew bond or irrevocable letter of credit throughout the term of this Agreement. Any bond or irrevocable letter of credit that expires within the period of this Agreement shall be renewed within 14 days prior to its expiration. If a new or renewed bond or irrevocable letter of credit is not received by AGENCY within 14 days of the expiration date of the bond or irrevocable letter of credit being used to satisfy the requirements of this section, AGENCY shall assess liquidated damages against CONTRACTOR in the amount of $100 per day until received by AGENCY. Failure to have bond or irrevocable letter of credit kept in full force and effect shall be cause for termination of this Agreement. AGENCY shall reimburse CONTRACTOR for the actual yearly cost of the performance bond or irrevocable letter of credit. AGENCY shall have the right to reduce the amount of the required bond, or waive the requirement for a bond, at its sole discretion. Pro Forma Contract B-1? II ~ ~~ VII. LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. Therefore, both parties agree that the CONTRACTOR's liability should be limited to, and fixed at, the sums stated in the charts included in Exhibit A {"Scope of Work"), Articles 13 and 14, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative, is final with respect to any assessment of liquidated damages. The AGENCY, or designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment of liquidated damages. In addition to the specific items and estimated sums of actual damages presented in Exhibit A as liquidated damages, AGENCY may, at its discretion, assess the actual damage caused by the breach as its remedy, and obtain this remedy through set-off against CONTRACTOR or any other appropriate procedure. Failure of AGENCY to assert any right which it has under this agreement, or to assess any liquidated damage as provided herein, shall not act as a waiver to AGENCY's right to enforce the provisions of this agreement, or assess liquidated damages in the future, except as specified herein. The assessment of liquidated damages and/or deductions as provided under this agreement shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, vehicles, or drivers, or to meet any of the terms of this agreement. VIII. INDEMNITY Except as may be provided otherwise in the Agreement, CONTRACTOR shall indemnify, defend and hold harmless "the AGENCY (City of Chula Vista), the Metropolitan Transit Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc. (SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San Diego and Imperial Valley (SD&IV) Railroad, the County of San Diego (County), and National City" their officers, agents and employees from any and all claims, demands, loss, litigation, or liability of any kinds or nature whether real or alleged which the City of Chula Vista, MTDB, SDTC, SOT!, SD&AE, SD&IV, County, and National City, their officers, agents, and employees may sustain or inèur, or which may be imposed upon them, or any of them, for any acts or omissions by CONTRACTOR, its officers, agents, or employees arising out of or in any way connected with the performance of work under this Agreement. CONTRACTOR shall have no obligation to defend or indemnify the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and National City for such injury or harm that may be caused solely or exclusively by fault, negligence, or willful misconduct of the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and National City, or their agents or employees. Pro Forma Contract B-18 II- ~9 IX. INDEMNIFICATION FOR ENVIRONMENTAL AGENCY shail provide an underground diesel fuel tank and dispensing system and a waste oil storage tank at the Maxwell Maintenance Faciiity (MMF). In the event that the tanks or systems fail because of a defect or problem caused from the manufacture or installation of the tanks, AGENCY or the manufacturer wiil be responsible for repairs and replacement to the system. AGENCY will be responsible for the daily operation, monitoring, and maintenance of the diesel fuel tank and system. AGENCY shall maintain the diesel fuel tank and system in a safe condition at all times and make routine repairs at AGENCY'S sole cost and expense. CONTRACTOR will be responsible for the daily operation, monitoring, cleaning out, and maintenance of the waste oil tank and system. CONTRACTOR shall maintain the waste oil tank and system in a safe condition at all times and make routine repairs at CONTRACTOR's sole cost and expense. In addition to the material stored in the waste oil and diesel fuel tanks, it is agreed that, from time to time, CONTRACTOR may bring materials on the premises to conduct bus maintenance operations. If for any reason any of this other material escapes the tanks, system, or other storage devices or containers, CONTRACTOR shall notify AGENCY and any other appropriate authority immediately. CONTRACTOR will be responsible for all liability and will indemnify, defend, and hold AGENCY harmiess for ail claims, ioss, damage, charges, or expenses, including all fines and penalties, arising out of any actual or threatened environmental impairment arising out of the use of the facility by CONTRACTOR. unless the liability is found to have resulted form the sole and exclusive negligence of AGENCY or shall have arisen by reason of a defect in the tanks/system. CONTRACTOR shall not be liable for any liabilities, penalties, claims, judgements, costs, or expenses that may be asserted against CONTRACTOR in connection with or arising out of any condition existing on or prior to the date of CONTRACTOR's possession of the project, and AGENCY shail hold CONTRACTOR harmless therefrom. X. INSURANCE Without limiting CONTRACTOR's indemnification obligations to AGENCY, CONTRACTOR shall provide and maintain, during the duration of this Agreement and for such other period as may be required herein, at its sole expense, insurance in the amounts and form described below. A. Required General Liabilitv Insurance Coveraqe - CONTRACTOR shall procure either Comprehensive Generai Liability Insurance or Commercial General Liability Insurance in the amounts and form set forth below: Comprehensive General Liability Insurance - A policy of Comprehensive General Liability Insurance with a combined single limit (CSL) per occurrence of not less than fifteen million dollars ($15,000,000) per occurrence; Required General Liability Policy Coveraqe- Any general liability policy provided by CONTRACTOR hereunder shall include the following coverage: Pro Forma Contract B-19 11'30 a. b. c. Pro Forma Contract Premises and Operations Products/Completed Operations Contractual Liability expressly including liability assumed under the Agreement d. Personal Injury Liability e. Independent contractors Liability f. Severability of Interest clause providing that the coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. OR Commercial General Liabilitv Insurance - A policy of Commercial General Liability Insurance which provides limits of not less than: g. h. i. j. Per Occurrence: General Aggregate: Products/Completed Operations: Personal & Advertising Injury limit: $15,000,000 $15,000,000 $15,000,000 $15,000,000 For either type of insurance, deductibles shall be declared to and approved by the AGENCY's Risk Manager. All general liability insurance requested hereunder must be based upon "occurrence" policy and any "claims made" coverage is not acceptable. Additional Insured Endorsement - Any general liability policy provided by CONTRACTOR hereunder shall contain an endorsement which applies its coverage to the AGENCY, the members of the Board of the AGENCY and the officers, agents, employees and volunteers of the AGENCY, individually and collectively, as additional insureds. Primarv Insurance Endorsement - The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the AGENCY, the members of the Board of the AGENCY, or its officers, agents, employees and volunteers, or any AGENCY self-funded program, shall be excess only and not contributing with such coverage. Form of General Liability Insurance Policies - All general liability policies shall be written to apply to all bodily injury, including death and personal injury, and shall also apply to property damage and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by CONTRACTOR of that part of the indemnity agreement contained in the Agreement relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of B-20 11.3/ B. 50 percent of any such aggregate limit must remain available at all times. If over 50 percent of any aggregate limit has been paid or reserved, AGENCY may require additional coverage to be purchased by CONTRACTOR to restore the required limits. CONTRACTOR may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described above. CONTRACTOR shall carry such other insurance as may be required by law. Property Insurance - Property insurance on all equipment and other contents owned, leased, rented, or used by CONTRACTOR, other than the real property, and permanently-installed facility equipment owned by AGENCY, shall be required. Such insurance maintained by CONTRACTOR will provide "all risk" coverage, for either the replacement costs, or actual cash value, and will contain a waiver of subrogation in favor of The City of Chula Vista, MTOB, SOTC, SOTI, SD&AE, SO&IV, the County of San Diego, and National City. C. Comprehensive Automobile Liability Insurance - CONTRACTOR shall procure Comprehensive Automobile Liability Insurance written for bodily injury, including death, and property damage, however occasioned, occurring during the policy term, in the amount of not less than fifteen million dollars ($15,000,000), combined single limit per occurrence, applicable to all owned, non-owned and hired vehicles. D. Automobile Physical DamaQe - CONTRACTOR is responsible for physical damage loss to vehicles. Such coverage shall include coverage for loss resulting from Collision, Specified Perils including fire, lightning, explosion, theft, vandalism and mischief and loss resulting from maintenance and repair of vehicles. Any losses shall be adjusted on an Actual Cash Value basis. The City of Chula Vista will be named as Loss Payable. E. Statutory Workers' Compensation and Employer's Liability Insurance - CONTRACTOR shall maintain a policy of California Workers' Compensation coverage in the statutory amount and Employer's Liability coverage for no less than one million dollars ($1,000,000) per occurrence for all employees of CONTRACTOR engaged in services or operations under the Agreement. Coverage shall include a waiver of subrogation in favor of AGENCY, a copy of which shall be provided to the AGENCY. F. Subcontractors' Insurance - CONTRACTOR shall make certain that any and all Subcontractors hired by CONTRACTOR are insured in accordance with this Agreement. If any Subcontractor's coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold AGENCY harmless of and from any damage, loss, cost or expense, including attorneys' fees, incurred by AGENCY as a result thereof. G. General Provisions Additional Insureds - Any and all insurance policies of CONTRACTOR (including, but not limited to, Comprehensive General Liability Insurance and/or Commercial General Liability Insurance, Workers' Compensation and Employer's Liability B-21 Pro Forma Contract 11-3;;;' Insurance, Automobile Liability and Physical Damage Insurance, and Subcontractors' Insurance} and their documents, endorsements, attachments, addenda, and renewals shall name the City of Chula Vista, Metropolitan Transit Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc. (SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San Diego and Imperial Valley (SD&IV} Railroad, the County of San Diego, and National City, and their directors, officers, agents, and employees as additional insureds. Evidence of Insurance - CONTRACTOR shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Agreement, deliver to AGENCY certificates of insurance evidencing the same, together with appropriate separate endorsements, evidencing that CONTRACTOR has obtained such coverage for the period of the Agreement. CONTRACTOR shall deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to AGENCY within ten (10) days prior to the expiration of the term of any policy required herein. CONTRACTOR shall permit AGENCY at all reasonable times to Inspect any policies of insurance of CONTRACTOR which CONTRACTOR has not delivered to AGENCY. Failure to Obtain or Maintain Insurance; AGENCY's Remedies - CONTRACTOR's failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Agreement, and AGENCY may, at its option, terminate the Agreement for any such default by CONTRACTOR. No Limitation of Obliqations - The foregoing requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by the AGENCY or its insurance CONTRACTOR(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the CONTRACTOR pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification. Notice of Cancellation or Chanqe of Coveraqe - All certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give AGENCY thirty (30} days' written notice, at the address shown in the section of the Agreement entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. Primary Insurance - CONTRACTOR agrees that all general liability coverages required under this section are PRIMARY insurance and that any insurance of the City of Chula Vista, MTDB, SDTI, SD&AE, SD&IV, SDTC, County of San Diego, and National City shall be excess and noncontributory. Qualifvinq Insurers - All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's Pro Forma Contract B-22 Jf.'33 aiphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by AGENCY's Risk Manager. Review of Coveraqe - AGENCY shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require CONTRACTOR to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. Self-Insurance - CONTRACTOR may, with the prior written consent of AGENCY's Risk Manager, fulfill some or all or the insurance requirements contained in the Agreement under a plan of self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance, however, if, in the opinion of AGENCY's Risk Manager, CONTRACTOR's (a) net worth, and (b) reserves for payment of claims of liability against CONTRACTOR, are sufficient to adequately compensate for the lack of other insurance coverage required by the Agreement. CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities assumed by CONTRACTOR under the Agreement. Waiver of Subroqation - CONTRACTOR and AGENCY release each other, and their respective authorized representatives, from any insurance carried by AGENCY or CONTRACTOR other than any self-insurance, covers any such claim or damage. Included in any policy or policies of insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against AGENCY by the insurance company issuing said policy or policies. Term of Insurance Coveraqe - All CONTRACTOR insurance policies shall take effect upon occupancy of any facility, or portion thereof, used in the performance of this Agreement, including, but not limited to, property at 1800 Maxwell Drive, Chula Vista, CA 91911. This shall include any time period in which CONTRACTOR employees, subcontractors, or are being trained or used for implementation or disentanglement, whether or not this period is included in the base term of this Agreement. All insurance coverages shall become effective and in full force no later than April 1,2002, or whenever AGENCY-owned vehicles are operated by CONTRACTOR in the performance of this Agreement, whichever is sooner. .AII coverages required shall remain in full force and effect through the entire term of this Agreement. XL TERMS OF AGREEMENT A. Base Term This Agreement shail become effective upon execution, and CONTRACTOR shall provide scheduled services during the period of July 1, 2002, through June 30, 2007. This Agreement shall continue in full force and effect until June 30, 2007, unless terminated earlier as herein provided. Pro Forma Contract B-23 J 1- 3¥ B. Carryover Term In consideration of the herein Agreement, CONTRACTOR grants to the AGENCY the below carryover options, exercisable in writing solely by the AGENCY's representative, the AGENCY, or its designated representative. The AGENCY shall have the option to extend the service provided by CONTRACTOR under this Agreement for up to six consecutive one-month periods after the base term. If the AGENCY desires to exercise any of these carry-over months, the AGENCY shall notify CONTRACTOR of its intent at least 30 calendar days before the carry-over month is to begin. Compensation related to such carryover period(s) shall be the same compensation as for the most recent rate prior to the carryover period. XII. REPRESENTATIVES OF AGENCY AND CONTRACTOR A. The AGENCY Transit Coordinator or his designated representative shall represent AGENCY in all matters pertaining to this Agreement and shall administer this Agreement on behalf of AGENCY. The AGENCY Transit Coordinator or his designated representative shall be the technical representative for this agreement B. CONTRACTOR's Responsible Management Individual shall represent CONTRACTOR in all matters pertaining to this Agreement on behalf of CONTRACTOR. CONTRACTOR's On-Site (Project) Manager shall be the technical representative for this agreement. XIII. NOTICE OF LABOR DISPUTE AND LABOR RELATIONS CONTRACTOR shall have exclusive responsibility for conducting its labor relations including negotiating its labor contracts and for establishing compensation and working conditions of its employees. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute prevents or threatens to prevent performance under this Agreement, CONTRACTOR shall immediately notify the AGENCY in writing and submit all relevant information to the AGENCY. CONTRACTOR shall also notify the AGENCY of grievances and/or discrimination complaints. AGENCY shall not have responsibility or liability for labor disputes between CONTRACTOR and its employees. AGENCY shall require CONTRACTOR to set driver wage levels and minimum benefits (in dollar amounts) in accordance with MTDB Policy No. 32 (Section 30.10) and an adopted minimum wage and benefit schedule in Exhibit A (Scope of Work). XIV. INTERRUPTION OF SERVICE AND PERFORMANCE The parties to this Agreement shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining or performing the service by act of fire, flood, act of God, fuel unavailability, strike, loss or shortage of transportation facilities (excluding breakdowns); commandeering of material products, plants, or facilities by the government; when Pro Forma Contract B-24 ,,~ 35 satisfactory evidence thereof is presented to the other party and provided further that such nonperformance is not due to the default or negligence of the party nonperforming. In the event that portions of all of the bus service required under this Agreement can not be operated by CONTRACTOR for any reason, the AGENCY, at the sole discretion of the Transit Coordinator or appropriate designated representative, may make an arrangement with other transit operators for the provision of all or part of the transit service the AGENCY deems necessary. xv. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to the AGENCY in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall at all times be under CONTRACTOR's exclusive direction and control and shall be employees of CONTRACTOR and not employees of the AGENCY. CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. CONTRACTOR shall insert the substance of this entire clause in any subcontract hereunder as to which a labor dispute may delay the Agreement. However, any subcontractor need give notice and information only to its next higher-tier subcontractor. CONTRACTOR shall supply the AGENCY with one copy of all existing relevant labor contracts. XVI. COMPLETE AGREEMENT This Agreement and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between the AGENCY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect validity of other provisions. The AGENCY's failure to insist in anyone or more instances upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of the AGENCY's right to such performance or to future performance of such a term or terms, and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes hereto shall not be binding upon the AGENCY except when specifically confirmed in writing by the representative of the AGENCY. The issuance of information, advice, approvals, or instructions by the AGENCY's technical personnel or other representatives shaH be deemed expressions of personal opinions only, and shall not affect AGENCY's and CONTRACTOR's rights and obligations hereunder. XVII. SEVERABILITY Should any part of this Agreement be held to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall be considered as the whole Agreement and be binding on the contracting parties. Pro Forma Contract B-25 J/-3~ XVIII. PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: H. I. J. the provisions in Articles I through XVII of this Agreement; the exhibit, attachments, and enclosure(s) of this Agreement; CONTRACTOR's technical proposal. XIV. NOTIล Any notice or notices required or permitted to be given pursuant may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth hereunder: City Of Chula Vista - Chula Vista Transit Attn: Andres Trujillo, Transit Coordinator 1800 Maxwell Road Chula Vista, CA 91911 CONTRACTOR ATCNANCOM Attention Mr. Bill McCloud 2015 Spring Road, Suite 750 Oak Brook, Illinois 60523 AGENCY Pro Forma Contract B-26 I- 3 '7 SIGNATURE PAGE IN WITNESS WHEREOF, the City of Chula Vista and CONTRACTOR have executed this Agreement thereby indication that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Dated: ATCNANCOM By: ~~d4. Mr. Bill McCloud, Senior Vice President Dated: J/~ßL- , . CVT Pro Forma Contract 2-18-02.JCODLlNG.DOC Attachment: Exhibit A, Scope of Work Pro Forma Contract B-2? II. '3 ~ CVT FIXED-ROUTE BUS SERVICES SECTION B, EXHIBIT A: SCOPE OF WORK 11<31 EXHIBIT A SCOPE OF WORK CVT FIXED-ROUTE BUS SERVICi=S 1. SCOPE OF SERVICES This project is to operate and maintain 37 AGENCY-provided buses on twelve (12) fixed-route public transit routes in the City of Chula Vista, National City, and the County of San Diego. All 37 buses will be assigned to and operated from the AGENCY-owned Maxwell Maintenance Facility (MMF) in Chula Vista, CA. This Scope of Work shall apply to all services operated under this Agreement. Additional buses may be provided by AGENCY over the term of the Agreement. Service covered by this Agreement is operated every day of the year except Thanksgiving Day, Christmas Day, and New Years Day, with reduced service on Saturdays, Sundays, and other Holidays. Service characteristics for all routes, including peak equipment pull-out requirements, are included in ATTACHMENT #1. ATTACHMENT #2 (Buses and Other Equipment) provides technical details on the AGENCY-supplied buses and equipment. 2. PROJECT ORGANIZATION 2.1. CONTRACTOR'S responsibilities shall include but not be limited to: 2.1.1. Meeting all operations and maintenance requirements established by AGENCY in this Agreement. 2.1.2. Completely operating and managing the CVT fixed-route transit services described in this agreement. 2.1.3. Providing Maxwell Maintenance Facility maintenance as identified in ATTACHMENT #7, including, but not limited to, routine building upkeep and repairs, and yard and building cleaning. No major tenant improvements will be required of CONTRACTOR. 2.1.4. Maintaining all vehicles and related equipment provided by the AGENCY or otherwise used in the fulfillment of this Agreement, including revenue and non- revenue vehicles, wheelchair lifts, and maintenance equipment. 2.1.5. Maintaining sufficient inventories of parts, materials, and supplies for the operation and required maintenance of all vehicles and equipment 2.1.6. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system, including experience with compressed natural gas-fueled vehicles. 2.1.7. Operational and maintenance training and supervision. -2- 1.40 2.1.8. Fare and fare media coilection and handling, and accounting for all fare revenues received. 2.1.9. Personnel administration, including hiring, supervising, evaluating, promoting, and terminating employees, and collective bargaining negotiations. CONTRACTOR is also responsible for the preparation and implementation of an Injury and Illness Prevention Program, as required by the California Occupational Safety and Health Administration (OSHA). 2.1.10. Assisting AGENCY in system marketing efforts, including making buses available for display, and posting notices and system information on bus interiors when requested. 2.1.11. Providing customer telephone information (including dedicated customer service telephone line), making every attempt to resolve complaints with customers, and providing a written response to complaints and inquiries as necessary. 2.1.12. Scheduling and dispatching drivers and vehicles, including driver runcutting and assignments. 2.1.13. Assisting AGENCY to gather scheduling and running time data and other tasks related to route performance improvements and timetable scheduling. 2.1.14. Preparing all operating and financial reports on-time and in the prescribed formats. 2.1.15. Posting temporary bus stop information, including 'A-frames' and temporary signs, in the event of temporary bus stop closure or damage. Once the route or bus stop is back on normal routing or back in service, CONTRACTOR must remove all temporary notices or 'A-frames' immediately (20 minutes maximum). 2.1.16. Negotiating, executing, and overseeing all subcontracts for equipment, personnel, or services as required to fulfill the prime contract, including obtaining AGENCY approval for all such contracts. 2.1.17. CONTRACTOR management staff shall attend at least 12 formal staff meetings with AGENCY per year, and other informal meetings as required. During the start-up phase of this Agreement (approximately March 1, 2002 through August 1, 2002), CONTRACTOR's management staff will be required to participate in weekly meetings with AGENCY staff. 2.1.18. Maintaining AGENCY-provided radio system, including maintenance of hardware, signing of an operating agreement with a radio communication service designated by AGENCY, and paying for all radio service. 2.1.19. Providing all equipment as identified in Section 5 of ATTACHMENT #2. 2.1.20. Providing some type of employee shuttle (using only CONTRACTOR-owned vehicle) to and from the Maxweil Maintenance Facility (MMF) for those employees who do not own a car or do not have a way to get to the MMF. The MMF is not served by public transit. -3- 11-'-1/ 2.2. AGENCY'S responsibilities win be: 2.2.1. Establishing operations and maintenance requirements for CONTRACTOR. 2.2.2. Supplying transit buses, facility, and related equipment as specified herein. 2.2.3. Providing CNG fueling station and diesel fuel storage and delivery system. 2.2.4. Supplying maintenance, operations, and vehicle storage facility, property, and basic structure. 2.2.5. Ongoing service planning and route timetable scheduling. 2.2.6. Establishing fare policies and fare structure, including transfer agreements. 2.2.7. Performing overall marketing of the services (including printing of public timetables). 2.2.8. Providing payments to CONTRACTOR per Agreement. 2.2.9. Administration and monitoring of Agreement. 2.2.10. Determining compliance with Agreement requirements and assessing performance bonuses or liquidated damages as specified herein. 2.2.11. Permanent bus stop sign and facilities installation and maintenance. 2.2.12. Providing base station and bus radio hardware for radio communication system. 2.2.13. Providing all equipment as identified in Section 4 of ATTACHMENT #2. 3. SYSTEM OPERATION 3.1. CONTRACTOR shall operate the system in compliance with AGENCY operating policies and local, state, and federal laws and regulations applicable to this service. 3.2. CONTRACTOR's preparation for this public transit service shall comprise those tasks required to make the system operational by July 1, 2002, including, but not limited to, an initial employee training and safety program and route and service area familiarization. 3.3. CONTRACTOR's services hereunder shall include, but shall not be limited to, the following: day-to-day operation of the service, including executive and administrative management; providing non-revenue vehicles specified; employment, supervision, and training of all personnel (including drivers, dispatchers, supervisors, clerks, and maintenance personnel); provide for backup/extra board drivers who will be immediately available in the absence of regular drivers; maintenance and repair of equipment; manage component warranty and tracking system; negotiation and administration of subcontracts; assist AGENCY in public relations and promotions, preparation of budgets, analysis, and reports of financial and other matters pertaining to the system -4- 1¡-4~ 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. operation; clerical, statistical, and bookkeeping services as required in this Agreement; providing a shuttle service to and from the facility for employees who are not able to get there on their own; and such other work as may be necessary to comply with the requirements contained herein. At the request of AGi=NCY, CONTRACTOR shall aiso provide revenue service with (or make drivers available for test-driving) demonstration buses (hybrid or hydrogen fueled for example), or other vehicles not listed in the fleet inventory. These services shall be charged to AGENCY at the agreed upon hourly rate for stand-by and additional services. The estimated hours for this service has been included in the 3,000 estimated hours for additional service detailed in Section III, C of the Pro Forma Contract. CONTRACTOR shall utilize existing personnel resources or recruit and hire drivers, dispatchers, mechanics, and other such personnel as required for operations. CONTRACTOR shall use its best effort to recruit all employees through the local media, employment agencies, and minority aid groups. CONTRACTOR shall test, interview, and train all successful applicants. CONTRACTOR'S personnel wages, and work hours shall be in accordance with local, county, state, and federal regulations effecting such employment. CONTRACTOR shall be required to utilize minimum wage and benefit requirements for certain positions (See MTDB Policy 32 and Specific Driver, Mechanic, and Servicer Retention Plan Requirements) unless otherwise exempt as stated in policy. Vehicles operate a Sunday schedule on the observed day of the foliowing designated holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. AGi=NCY coordinates holiday schedules in advance with CONTRACTOR. CONTRACTOR shall have a teiephone staffed by a qualified supervisor or employee available for customer service calls from 5:00 a.m. -12:00 a.m. (midnight) every weekday (except specified holidays), Saturday, Sunday, and holidays under this Agreement. AGENCY contracts with the San Diego Regional Transit Telephone Information service to handle most general transit information calls. However, CONTRACTOR shall be prepared to answer information calls regarding service within this scope of work if a customer or potential customer makes an inquiry and was unable to access the Regional Transit Telephone Information service. 3.10. Customer service teiephone number(s) must be dedicated to this service and toll-free to service area residents. CONTRACTOR must obtain AGENCY approval of customer service telephone numbers. AGENCY will require that CONTRACTOR relinquish customer service telephone numbers to AGENCY upon termination of this Agreement and make it available to the successor contractor. 3.11. CONTRACTOR'S drivers and supervisors shall report to the on-site transit manager all hazardous road and traffic conditions (e.g., downed trees and signs, accidents) in the service area. CONTRACTOR, in turn, shall immediately notify the appropriate -5- II-Lf3 governmental authority of such conditions and shall take necessary precautions to safeguard passengers, CONTRACTOR'S personnel, and all equipment. 3.12. CONTRACTOR shall be responsible for immediately informing AGENCY of the condition of any bus stops requiring maintenance and of the specific problems needing to be addressed. CONTRACTOR shall be responsible for posting temporary discontinued notices, detours, and temporary bus stops when a bus stop is required to be discontinued due to construction, parades, special civic events, or other circumstances. All permanent bus stop locations shall be determined by AGENCY with input from CONTRACTOR. AGENCY shall perform installation and maintenance of bus stops on routes covered within this Agreement. CONTRACTOR shall utilize field supervisors to review bus stop conditions such that every route is field-reviewed at least once every month. Any conditions requiring the attention of AGENCY or its designated bus stop contractor shall be brought to the attention of AGENCY immediately. 3.13. AGENCY shall be informed of all contacts with other governmental agencies and authorities and situations, occurrences, and conditions that call particular public attention to the service. 3.14. AGENCY shall be informed as soon as possible (in no case more than one hour after accident) of all accidents causing significant damage (in excess of $5,000) to property, or significant injury (requiring hospitalization) to persons in connection with the services provided in this Agreement, in accordance with AGi=NCY's emergency notification policies. All AGENCY vehicle body damage from such accidents shall be reported to AGENCY within 24hours. CONTRACTOR representative must speak directly to an AGi=NCY representative-leaving a message shall not be considered compliant with this Agreement. 3.15. CONTRACTOR shall provide some type of employee shuttle (using only CONTRACTOR-owned vehicle or vehicles) to and from the Maxwell Maintenance Facility (MMF) for those employees who do not own a car or do not have a way to get to the MMF. The MMF is not served by public transit. 3.16. CONTRACTOR shall provide, at a minimum, the following non-revenue vehicles to be used exclusively for the service within this Agreement: Maintenance service truck (1) - 2000 model year or newer. Maintenance service truck shall be heavy-duty (3/4-ton payload or greater) equipped with, at a minimum: air compressor, spare wheel, wheel changing tools, and all necessary tools and equipment required for maintenance staff to complete en-route repairs. Supervisor vehicles (2) - 2000 model year or newer. At least one must be wheelchair lift/ramp equipped and fully ADA accessible. Driver relief vehicles (3) - 2000 model year or newer. All of the above vehicles shall be owned or leased by CONTRACTOR and maintained in accordance with the manufacturers' standard preventative maintenance program. CONTRACTOR shall be solely responsible for all costs of providing, procuring, maintaining, operating, and insuring the above vehicles. If service miles increase above -6- II ~ 4Lf the base amount, AGENCY shall discuss with CONTRACTOR non-revenue vehicle needs beyond the above minimums stated. CONTRACTOR shall be responsible for providing sufficient driver relief vehicles to operate all services specified within the agreement and additional service as added in the future above base amounts. CONTRACTOR may elect to use one or more of the driver relief vehicles to shuttle CONTRACTOR employees to and from the MMF as required in this contract. With this in mind, CONTRACTOR may elect to purchase one or more mini-vans or other vehicles with the capacity to transfer several drivers at a time. All of the above vehicles shall be turned over to the AGENCY, in roadworthy operating condition, on the final day of the contract at no cost to the AGENCY. 3.17. Schedulinq - All public timetable and headway scheduling is the responsibility of AGENCY. AGENCY shall provide CONTRACTOR with schedules and headways for each route, showing all trips, timepoints, layovers, total scheduled revenue miles, total scheduled revenue hours, and total layover hours. These schedules will be provided by AGENCY to CONTRACTOR as soon as practicable after final schedule changes are approved by AGENCY. CONTRACTOR shall assist AGENCY with the gathering of scheduling and running time data and other tasks related to route performance improvements and timetable scheduling. CONTRACTOR shall be responsible for all employee scheduling in the fulfillment of the schedule, including, but not limited to, run cutting, rostering, driver and vehicle relief coordination, and scheduling days off. CONTRACTOR shall also be responsible for the assignment and coordination of buses in the fulfillment of the provided schedules based on AGi=NCY guidelines. Certain vehicle types are assigned to specific routes and or headways. AGi=NCY shall endeavor to work with CONTRACTOR when scheduling routes to maximize vehicle and employee utilization when possible. With prior approval of AGENCY, CONTRACTOR may interline routes and/or driver schedules (within this agreement) to maximize efficiency. Drivers must use the numbers of vehicles as shown on the headways provided by AGi=NCY. If CONTRACTOR desires to increase the recovery times or driver breaks, it must be done using additional drivers but not additional vehicles. AGENCY reserves the right to make minor adjustments to the 12 routes proposed for July 1, 2002 and will provide any final schedule changes, as a goal, at least 60 days prior to implementation. The draft schedules, assumed to represent the revenue miles included in the base amounts for this Agreement, are provided in Section C. Schedules are provided for 12 routes for service effective July 1, 2002. CONTRACTOR shall be responsible for complying with any federal, state, or local laws regarding employee lunch periods or required breaks. If breaks are required beyond the available standard recovery time provided in schedules, CONTRACTOR shall arrange at no cost to AGENCY. AGi=NCY strives to provide approximately five to ten minutes of recovery time per 50 to 60 minutes of revenue service; however, conditions may warrant recovery time that does not always meet that goal. 3.18. Driver Restrooms - CONTRACTOR shall be responsible for all driver restrooms, including any costs and/or coordination associated with or required for the maintenance and/or supply of such restrooms. CONTRACTOR is responsible for maintaining and paying for all costs associated with the provision of portable restroom facilities currently -7- 11-~5 3.19 3.20 3.21 3.22 in place at the Palomar Trolley Station. The AGENCY provides for the maintenance and servicing of the restroom facility at the BayfronUE Street Transit Center. DispatchinQ and Radio - The operations center typically includes one radio/dispatcher on-duty at all times that handles drivers reporting to and leaving work; handles customer service calls, and radio communications. The operations center is open 24 hours per day seven days per week. AGi=NCY requires one full-time radio/dispatching operator to cover morning, afternoon, and evening shifts daily. Radio system is provided by AGENCY utilizing a Motorola dispatching and radio system. There is currently no automated dispatching capability and the system does not require computer system infrastructure. The dispatchers and radio operators maintain operations activity logs in Microsoft Excel spreadsheet format on a computer terminal to log in the following: . All wheelchair boarding and alighting locations, routes and time, and any incidents of failed lift, failure to be able to board due to full tie-down positions or other incidents; . All bicycle boarding and alighting locations, routes and time, and any incidents of failed bike rack, or failure to be able to board due to full bike racks or other incidents; Missed service; Roadcalls, mechanical; and Customer service calls BicvclelWheelchair Lift/Ramp BoardinQs and AliQhtinqs - Each bus operator shall call in to dispatch bike boardings during his shift. CONTRACTOR shall report bike boardings on monthly basis. Wheelchair lift boardings and alightings shall be reported at each instance via radio to the dispatcher or radio operator. WC lift/ramp report shall include location of boarding and alighting passenger, route number and time of day. Driver may report both boarding and alighting location if known at the initial radio contact. Wheelchair Lift/Ramp Procedures - CONTRACTOR shall have in place operating procedures whereby drivers are able to test and cycle a wheelchair lift or ramp upon pullout from the yard. Lift or ramp shall be tested in the yard, prior to departure so that if a lift is inoperative a bus may be switched for one with a working lift. Field Supervision - Field supervisors shall be scheduled so that there is at least one field supervisor covering all times of the span of service. It is required that at least two field supervisors be in the field during morning and afternoon peak periods on weekdays. There will be a requirement that one of the two peak supervisors be on-duty and assigned to H Street Trolley Station from 6 a.m. till 9 a.m. and from 2 p.m. till 6 p.m. to coordinate bus operations. The supervisor shall be radio equipped and monitor bus arrivals and departures. The H Street Trolley Station supervisor shall also assist customers with information inquiries and be fully present most of the time on the bus platform area. Each field supervisor is required to take at least 25 on-time performance checks weekly and submit to the CONTRACTOR operations manager. Supervisor on-time performance checks shall be made available to the AGENCY upon request. Field supervisors are also required to conduct field bus stop inspections and may assist CONTRACTOR in performing quarterly driver ride checks. -8- /1- 4ft:, 3.23 3.24 3.25 3.26 3.27 Special Events - CONTRACTOR is required to coordinate operations adjustments for special City supported and/or City sponsored events. AGENCY may provide a printed "Take One" to be placed on vehicles for customers notifying them of major events or detours related to such major events. For minor events or where insufficient time is provided CONTRACTOR shall coordinate with AGENCY on detours by providing an e- mail or hard copy of the detour to the AGENCY representative. CONTRACTOR is responsible for notifying the Regional Transit Information Office (RTIO) for any detours or unusual circumstances related to special events that can assist the RTIO operators in assisting customers. CONTRACTOR is responsible for placing notices of closed bus stops, establishing temporary stops (if necessary) utilizing temporary "A"-frame bus stop signs provided by AGENCY, and staffing the special events with personnel to monitor and supervise bus operations. Some events may require multiple supervisors to effectively monitor and supervise operations. CNG Fuelinq Impacts on Operations - There may be long schedules that could require relief drivers to take out buses in middle of day. These schedules may require two to three shifts. It may be required that some buses are fueled with CNG during the middle of day during mid-day reliefs. This is more critical in summer months when CNG fuel consumption is higher due to air conditioning use. Video Surveillance Cameras Operatinq Responsibilities - Video surveillance cameras may be utilized on future years of this contract. The details of the surveillance system operations shall be addressed between the AGENCY and the CONTRACTOR at time of implementation. Paper Transfers - CONTRACTOR is required to store paper transfers in a secured area. Paper transfers are date and day stamped. Transfers must be issued in a controlled manner. Transfers packs are currently allocated to each driver in a bus pouch each morning (or afternoon) with the daily trip cards. Transfers are controlled by the operations department. Each night or following morning used and unused transfer packs are counted and tabulated for submittal to AGENCY. Transfers are serial number coded to each transit operator. Unused packs or incomplete packs are deposited in a secure to be shredded boxes located at the Maxwell Maintenance Facility (MMF). It is CONTRACTOR's responsibility to take full control of the paper transfers security, distribution, and accounting. Start-Up Transition and Implementation 3.27.1 AGENCY will provide vehicles similar to or the same as those to be used under this Agreement in the types and quantities described in ATTACHMENT #2. All buses shall be returned to incumbent contractor for maintenance. Regular and preventative maintenance on all buses shall remain the responsibility of the incumbent contractor. Any physical or mechanical damage sustained to the buses during the transition period shall be reimbursed to incumbent contractor by CONTRACTOR. AGENCY wili be the final arbitrator of any dispute. CONTRACTOR shall endeavor to minimize damage and malfunction of buses and work cooperatively with incumbent contractor to schedule maintenance and repairs. (CONTRACTOR shall reimburse existing contractor for maintenance on AGENCY vehicles used for start-up training miles). All fueling of transition -9- 11-47 vehicles will be provided by AGENCY and shall be performed by existing contractor. AGENCY will coordinate schedule and timing of fueling. All fuel for AGENCY-provided vehicles will be paid for by AGENCY. CONTRACTOR is responsible for fuel, maintenance, and other vehicle related costs of additional vehicles provided by CONTRACTOR for CONTRACTOR start-up training. 3.27.2 Any activity associated with the start-up of this project will require that the CONTRACTOR be fully insured in the types and amounts required in this contract at all times, as shown in the Pro-Forma Contract. 3.27.3 CONTRACTOR shall provide a detailed training schedule to AGi=NCY when requested showing how all of the existing and new drivers necessary to carry out full operations shall be trained by July 1, 2002. CONTRACTOR will be required to coordinate with existing contractor so that existing drivers will have sufficient time for training on off days. Each existing driver must be provided at least the minimum skill levels and training activities detailed in Attachment No.5 or CONTRACTOR may be subject to liquidated damages as detailed in Section 14 of the Scope of Work. 3.27.4 CONTRACTOR shall provide a detailed training schedule to AGENCY when requested showing how new mechanics and operations staff shall be trained by July 1, 2002. At a minimum, all maintenance and key operating staff must complete all Maxwell Maintenance Facility-specific CNG safety training by June 15, 2002. 4. KEY PERSONNEL 4.1. 4.2. Responsible Manaqement Individual A senior Responsible Management Individual of CONTRACTOR shall be assigned to this project. This employee shall be available to AGENCY at all times, either by telephone or in person, to make decisions or provide coordination as necessary. The senior Responsible Management Individual must have five or more years of recent and relevant experience managing all aspects of a public transit service similar in scope and complexity to the services herein described. This employee must work an average of 4 hours per week managing this public transit service (0.1 FTE). This person must also spend at least 100 additional hours on this project between April 2, 2002, and July 31, 2002. Qn~§~~M<,!nÆl§!L(E'LQ~1 Manaq§!r) General management and management oversight of the day-to-day operations of the transit system shall be vested in the CONTRACTOR's full time On-Site Manager. The On-Site Manager will be responsible for all employees and all services in connection with the transit system with the exception of the Responsible Management Individual. This employee must work at least 40 hours per week managing this public transit service. The On-Site Manager must have a minimum of five years' experience managing regularly scheduled fixed-route transit service similar in scope and complexity to the services herein described. This position must be based at the Maxwell Maintenance Facility (MMF). -10- /1.4 i( 4.3. 4.4. 4.5 Assistant On-Site Manaqer (Operations Manaqer) Management of the day-to-day operations of the transit system shall be vested in the CONTRACTOR'S full time Assistant On-Site Manager. This employee must work at least 40 hours per week managing this public transit service. The Assistant On-Site Manager must have a minimum of two years' experience managing in a regularly scheduled fixed-route transit service. This position must be based at the Maxwell Maintenance Facility (MMF). On-Site Fleet Maintenance Manaqer Management of all bus maintenance activities associated with this project shall be vested in the CONTRACTOR'S full-time On-Site Fleet Maintenance Manager. This person must work at least 40 hours per week managing and supervising the maintenance activities associated with this project. The On-Site Fleet Maintenance Manager must have a minimum of five years' experience managing maintenance functions of a heavy-duty transit shop (35'-40' coaches), and two years managing maintenance functions of a compressed natural gas and/or liquid natural gas shop, similar in size and complexity to the services herein described. This management individual's experience must include responsibility for all functions of the maintenance shop including managing mechanics, and lead mechanics, responsibility for budgeting, spare parts inventory, scheduling, quality control, and decision making. For the purpose of determining the qualifications of a candidate for this position, experience as a lead shop foreman, management maintenance analyst, or other position that does include all of the responsibilities listed above, shall be considered sufficient experience if detailed sufficiently in the proposal. This position must be based at the Maxwell Maintenance Facility (MMF). Safety Supervisors/Driver Trainers CONTRACTOR must designate, in writing, one full-time employee as Safety Supervisor/Driver Trainer. This individual must work 40 hours per week each, providing driver training and vehicle and facility safety supervision for this project. Any fieldwork or road supervision duti~s shall be limited to safety issues and driver training applications. This individual shall be an experienced driving instructor who is certified and licensed to conduct classroom, behirid-the-wheel, and in-service instruction with either: (1) State of California, Department of i=ducation school bus driver instructor's certificate; or (2) Transportation Safety Institute (U.S. Department of Transportation) Transit Trainer's certificate. The Safety SupervisorlDriver Trainer must have State of California Department of Motor Vehicles approval to certify California Class B Commercial Driver's Licenses (CDL) with Air Brakes and Passenger endorsements. This person must be National Safety Council Defensive Driving Instructors or equivalent. This person must have at least one year of experience training fixed-route bus drivers using full-size (35'- 40' long) transit coaches. The Safety Supervisor/Driver Trainer must be based at the Maxwell Maintenance Facility (MMF) and responsible for: -11- 11-1./1 4.7 4.8 Managing a quarterly driver performance review program; Overseeing all employee training programs for drivers, dispatchers, road supervisors, and mechanics (where applicable), including classroom, behind-the- wheel, in-service, annual, and refresher training; Managing the state Pull-Notice Program; Coordinating all employee drug and alcohol testing in accordance with state and federal law; Coordination for California Highway Patrol, (other) state, federal, and AGENCY inspections of driver training and other operational and employee records; Supervising all assigned driver trainers and delegating appropriate tasks; Accident and incident investigation and resolution; Ensuring compliance with all local, state, and federal requirements for record- keeping and driver- and safety-related items; Implementing and managing an employee awards program; and, Implementing facility safety program for MMF (including the CNG fuel stations, service lanes and fuel islands, parking areas, wash areas, and maintenance shops) Road Supervisors CONTRACTOR must designate, in writing, at least four (4) full-time employees as Road Supervisors. A Road Supervisor must be on duty at all times vehicles are in revenue service. Each Road Supervisor must work 40 hours per week on this project providing road supervision. These persons must have at least one year of fixed-route driving experience or one year of experience dispatching, supervising, or training fixed-route bus drivers using full-size (35'-40' long) transit coaches. The Road Supervisors shall have the use of a CONTRACTOR-provided vehicle to respond on short notice to driver requests for assistance and emergency conditions during all hours of revenue service. One Road Supervisor shall be stationed at the H Street Trolley Station during weekday peak periods (6 a.m. to 9 a.m. and 2 p.m. to 6 p.m.) daily to supervise arrivals, departures, timed transfers, and reliefs. In addition, this Road Supervisor at H Street Trolley Station shall assist customers and provide information. One additional Road Supervisor shall be added for every 400,000 revenue miles added above the base level of service miles. All road supervisors must be based at MMF. Maintenance Quality Assurance and Warranty ManaQer Contractor must designate, in writing, at least one half-time (20 hours per week) position dedicated as the Quality Assurance and Warranty Manager for maintenance functions. This individual is responsible for ensuring warranty compliance on all parts and equipment, and for inspecting, approving, and monitoring the work of the mechanics, servicers, and cleaners. This individual will also assist AGENCY in procurements for equipment, vehicles, and services, including the development of specifications, pre- and post-delivery inspections, and procurement delivery logistics. This position is responsible for oversight of the preventative maintenance inspection program, CNG fueling infrastructure, building, and vehicle systems inspection programs, and CNG bus engine fuel system issues resolution. This person shall report directly to the On-Site Manager (Project Manager). This position shall be a middle management or shop foreman level position, but not directly responsible for the supervision of maintenance staff. This individual must have at least (3) three years of experience in heavy duty transit bus maintenance, including at least (1) one year of responsibility for supervising and -12- 11- 50 4.9 4.10 inspecting work of maintenance employees and at least (1) one year of experience in conducting or supervising CNG systems inspection programs. This position must be based at MMF. Clerical Staff Clerical staff positions are to be named sufficient to ensure accurate and timely processing of information, reports, and maintenance and training record-keeping requirements. Clerical staffing levels should be, at a minimum: 4.9.1 At least one half (0.5) of a FTE position should be designated as Office Manager. This person shall be responsible for the production and delivery of all required reports to AGENCY, supervising other clerical positions, and other duties relating to the management of the office. 4.9.2 At least one half (0.5) of a FTE clerk position (office management) will be dedicated to data input and processing, report production, revenue control, revenue counting, and accuracy of information reported. 4.9.3 At least one half (0.5) of a FTE clerk position will be dedicated to maintenance functions, data input and processing, report production, inventory control, and accuracy of information reported. 4.9.4 All FTE clerical positions specified above shall be located at MMF. Maintenance Staff The following staffing levels will be required for routine preventative maintenance, running repairs, and training for revenue vehicles and non-revenue vehicles. Rebuilding of major components, including engines and transmissions, and major body repairs, is assumed to be outside work beyond the following staffing levels. The maintenance staffing levels required of CONTRACTOR by AGENCY are specifically designated for bus-related maintenance activity. Other than normal housekeeping duties required of mechanics, all facility maintenance, grounds and site maintenance, building maintenance, and janitorial services, shall be conducted via subcontracted services or staffing levels above and beyond that required for bus maintenance. The AGENCY has established a minimum level of staffing, based on the age of the fleet and the variety of equipment. All minimum FTE staffing level requirements are shown in ATTACHMENT #11. CONTRACTOR shall provide AGENCY an updated list of Maintenance Staff, including levels and seniority, on a monthly basis at a minimum. The following is a general description of maintenance staffing categories: 4.10.1 Journey-level "A" Mechanic: The highest-level line mechanic. Under general supervision, performs the most difficult repair tasks and supervises subordinates; is capable of performing all repairs and adjustments to all vehicle systems; acts as shift leader and trains "B" and "C" mechanics; performs quality control functions for subordinates. -13- 11-- 5/ 4.11 4.10.2 Journey-level "B" Mechanic: Under general supervision, performs a wide variety of preventive maintenance and minor repairs. Tasks: Maintains, troubleshoots. diagnoses, and/or repairs a broad range of vehicle systems inciuding engine and emissions, drive train, brakes, climate control, electrical and specialty electrical systems, electronic systems, accessibility equipment, transmissions, and steering and suspension. Completes work orders and PMI forms with comments. May train and monitor the performance of "C" mechanics. In addition to the minimum "B" level mechanics shown in ATTACHMENT #11, one half (0.5) of a FTE "B"-Ievel mechanic shall be retained for the exclusive purpose of maintaining, repairing, and cleaning fareboxes and revenue collection-related equipment. 4.10.3 "C" Mechanic: Mechanic's helper. An entry-level position that performs routine maintenance and repair under immediate supervision. 4.10.4 Servicers, fuelers, washers, and hostlers: Fuel, clean, wash, and park buses. May add fluids as necessary and perform other basic vehicle-related tasks. 4.10.5 All maintenance positions specified above for bus maintenance and service shall be based at the Maxwell Maintenance Facility (MMF). All routine preventative maintenance and running repairs performed by maintenance positions shall be performed at MMF. AGENCY reserves the right to approve all off-site maintenance work. Maintenance work currently done off-site includes the following: Body work - various vendors Engines and transmissions - various locations Selected machine work - various vendors Major bus rebuilding, (if necessary) - various vendors 4.10.6 Additional mechanics (A, B, or C-Ievel) shall be added at the rate of one FTE per every 100,000 revenue miles added above the base level of service miles. CONTRACTOR shall maintain a similar proportion of A, B, and C-Ievel mechanics. Additional servicers and fuelers shall be added at the rate of one FTE per every 200,000 revenue miles added above the base level of service miles. Additional staffing numbers and type of mechanics shall be approved by AGENCY in advance of expected increase in revenue mile additions. Approval of Assiqnment The AGENCY, or its designated representative must approve any Responsible Management Individual, On-Site Manager, Assistant On-Site Manager, On-Site Fleet Maintenance Manager, Safety Supervisor/Driver Trainer, or Maintenance Quality Assurance and Warranty Manager assigned to this project. AGENCY may withdraw this approval at any time by giving 30 days' written notice to CONTRACTOR. AGENCY shall withdraw approval only with reasonable cause as determined by AGENCY. If AGENCY withdraws approval of any of these employees, CONTRACTOR must replace the employee within 30 days with another individual approved by the AGENCY, or its designated representative. -14- 1/- 5;;J. 5. FACILlTIi=S AGENCY shall provide to CONTRACTOR the shared use of an administrative, maintenance and vehicle storage facility located at 1800 Maxwell Road, Chula Vista, California, 91911 (MMF). AGENCY shall provide to CONTRACTOR all requirements and restrictions for the use of this facility in ATTACHMENT 7. It is expected that all significant preventative maintenance, running repairs, and operations under this agreement will be performed at the Maxwell Maintenance Facility as a requirement of this agreement Any maintenance work performed off-site may only be done with the advance approval of AGENCY. 6. BUS MAINTENANCE AND REPAIR High quality and regular maintenance of buses is essential and is required to maintain an efficient, reliable transit operation. CONTRACTOR shall be responsible for all maintenance and repair work (including maintenance and repair of all installed equipment, warranty work, and tracking of warranty work and components) necessary to keep all AGENCY buses operating in a safe and reliable condition. CONTRACTOR shall follow all maintenance guidelines detailed in ATTACHMENT #3. 7. BUS CLEANING AND VEHICLE APPEARANCE CONTRACTOR shall maintain the minimum cleaning and vehicle appearance program and standards outlined in ATTACHMENT #4. 8. DRIVERS AND DRIVER TRAINING 8.1. 8.2. 8.3. CONTRACTOR'S training program shall include, at a minimum, the training requirements outlined in ATTACHMENT #5. CONTRACTORS shall provide a detailed training schedule to AGENCY two weeks after award of contract showing how all of the existing and new drivers necessary to carry out full operations shall be trained by July 1, 2002. CONTRACTOR shall maintain and provide to AGENCY a list of drivers who have completed the required training program for services provided under this Agreement. This list shall be updated at least monthly as additional active drivers are trained or removed from service, and is due to AGENCY by the 10th calendar day of the following month with the invoice. The submittal of the list of drivers shall include the following: date of initial hiring, date of completion of training, numbers of hours of initial training, date of DMV registration expiration, medical certificate expiration, and date of quarterly ride check. CONTRACTOR must keep a record of all training performed on each driver and must provide copy of such records, if so requested by AGENCY or other compliance agency such as DMV, CHP, etc. CONTRACTOR shall employ at least 90% of its drivers on a full-time (guaranteed 36 hours per week) basis. Part-time drivers (25 hours or less) employed shall not be greater than 10% of total employed drivers for the life of the contract. -15- 1/-63 8.4. A meeting of all affected personnel of the CONTRACTOR shall be held prior to major service changes or when so requested by AGENCY. No more than four such meetings will be requested each year. AGENCY shall be permitted to attend these meetings and make presentations. 8.5. AGi=NCY shall be able to request that specific driver(s) be removed from revenue service or replaced for reasonable cause. 9. ADVERTISING AND MARKETING AGENCY shall control all advertising and marketing, and provide materials for distribution by CONTRACTOR. CONTRACTOR shall assist AGENCY in conducting promotions of all public transit services under AGENCY direction and approval. CONTRACTOR may be required to provide additional marketing assistance as requested by AGENCY, not to exceed 8 hours per month (or 96 hours per year). No additional compensation will be provided to CONTRACTOR for this assistance. CONTRACTOR'S employees shall periodically be required to distribute on the vehicles informational and promotional material provided by AGENCY. CONTRACTOR will be required to provide additional marketing assistance of up to 8 hours per month (or 96 hours per year) for community services. This marketing assistance for these community service functions may require the use of a vehicle for inclusion in parades, community fairs, static displays, etc. There will be no additional compensation for this community service effort up to 8 hours per month (or 96 hours per year). CONTRACTOR shall also be required from time to time to apply/install interior and/or exterior AGENCY-provided promotional banners, signs, decals, or similar media onboard revenue vehicles. Time spent for this purpose shall be above and beyond the above-referenced community service or marketing hours. 10. DATA COLLECTION AND REPORTING A list of operational data to be collected by CONTRACTOR, and some samples, is included as ATTACHMENT #8. 10.1. All data provided by CONTRACTOR to the AGENCY will be certified by CONTRACTOR as being complete and accurate. CONTRACTOR shall collect all data on operation of the system and provide AGENCY with the required information on forms approved by AGENCY by the required submittal deadlines. 10.2. Information and reporting will be required and in accordance with the Uniform Accounting and Reporting Elements (FARE) under the Urban Mass Transportation Act of 1964 as amended, the California Public Utilities Code, the California Administrative Code, and the Transportation Development Act. -16- II-Sf 10.3. Report forms or CONTRACTOR shall utilize formats required by AGENCY. Sample report forms are attached. CONTRACTOR shall be responsible for printing all report forms required under this Agreement. 10.4. CONTRACTOR shail compile Daily Trip Records and Daily Bus Records and forward copies of these reports to AGi=NCY on a daily basis. At the end of the month, the Monthly Summary Reports are due to AGENCY by the 8th calendar day of the followinq month. 10.5. A daily office/dispatch log shall be maintained by CONTRACTOR of vehicle breakdowns, roadcalls, wheelchair lift boardings, missed and/or delayed trips (including cause), accidents, complaints (with attached forms and description of the problems and solutions), and compliments received. An incident report on any system collision, accident, or crime incident must be submitted to AGENCY. Customer service calls shall be logged in the daily office log. Daily office log shall be submitted weekly, prior to Thursday of the following calendar week. At the end of the month, the report is due by the 8th calendar day of the followinq month. 10.6. Accidents and incidents of a serious nature are to be reported to AGENCY immediately by telephone directly to AGENCY staff in accordance with AGENCY emergency notification procedures. 10.7. A Daily Equipment Status Report shall be transmitted to the AGENCY every Monday through Friday workday by 8:00 a.m. This report shall reflect the current status of all equipment (vehicles, spare engines, spare transmissions, etc.) as of 6:00 a.m. each day. All vehicles not ready for revenue service shall be noted on the report. 10.8. Utilizing Daily Trip Records and other relevant data sources, CONTRACTOR shall complete a monthly summary report. This report will include the following route data: passenger counts by fare category, actual revenue miles ("revenue miles"), actual bus miles ("total miles"), number of vehicle service hours ("revenue hours"), actual vehicle hours ("total hours"), missed trip occurrences, missed trip mileage, and ail totals. The preceding categories must also be provided broken down into weekday, Saturday, and Sunday data. Reports will also include the following system data: on-bus hours, duty hours, expanded driver pay hours, passenger incidents/accidents, vehicle collisions/accidents, roadcall information, security data, and complaints. Monthly summary report shall be submitted by CONTRACTOR to AGENCY prior to the 8th calendar day of the followinq calendar month. Spreadsheets used by CONTRACTOR to tally Monthly Summary Report shall be submitted to AGENCY with Monthly Summary Report. 10.9. CONTRACTOR to AGENCY shall submit Fuel/Oil Usage Reports on a monthly basis. These reports shall be submitted with the monthly invoice prior to the 8th calendar day of the followinq calendar month. 10.10. A Monthly Management Report of operations and maintenance matters shall be submitted by the CONTRACTOR, which shall include: 10.10.1. Operational status of the system (Executive Summary). -17- II-55 10.10.2. Safety-related issues and matters. 10.10.3. Any problems or opportunities that have arisen with suggested action. 10.10.4. Customer/public input received. 10.10.5. Bus washing/cleaning report. 10.10.6. All maintenance work performed on buses during that month, including a recap of all maintenance-related costs, the status of each vehicle's condition including miles-per-gallon of fuel and miles-per-quart of engine oil added, oil analysis reports on request, and a description of any maintenance and/or repair work performed. 10.10.7. An inventory of timetables on-hand. 10.11. Monthly report submission shall be to AGENCY prior to the 8th calendar day of the followinq calendar month. Quarterly reports shall be submitted to AGENCY prior to the 8th calendar day of the calendar month followinq the end of each quarter. 10.12. Computerization of all reports is required. All data reports must be submitted as Microsoft Excel files. Any other reports must be submitted as Microsoft Word or Microsoft Excel files. The CONTRACTOR must maintain and pay for active and separate Internet e-mail accounts for the On-Site Manager, Assistant On-Site Manager, and On- Site Fleet Maintenance Manager that are able to send and receive attachments. These e-mail accounts must remain active throughout the base term of this Agreement, including carryover terms. 11. MANAGEMENT AND LIAISON CONTRACTOR shall coordinate closely with AGENCY on project and operation status. CONTRACTOR shall also attend meetings with AGENCY staff as needed (no less frequently than monthly), and perform liaison activities with AGENCY. The CONTRACTOR must maintain and pay for active and separate cellular phone accounts for the On-Site Manager, Assistant On-Site Manager, and On-Site Fleet Maintenance Manager. 12. FARES, TRANSFERS, AND REVENUE COLLECTION 12.1. The fare structure and media to be effective upon the commencement of services contained in this Agreement will be determined by AGENCY and shall adhere to the Uniform Fare Structure Agreement (UFSA) between the Metropolitan Transit Development Board, San Diego Association of Governments, and all area transit operators. 12.2. The AGENCY seeks to maximize coordination with other public transit operations in the San Diego region. Therefore, CONTRACTOR shall adhere to transfer policies as set forth in the UFSA. CONTRACTOR shall maintain a cooperative working relationship with all area transit operators to maximize concept of a "seamless" Metropolitan Transit System for passengers. -18- / /-5~ 12.3 12.4 13. CONTRACTOR shall directly receive shipments of transfers from MTDB's designated printing company. CONTRACTOR shall ensure that these shipments are: (1) received by a responsible individual; (2) immediately checked for proper serial numbers and quantities; and (3) stored in a limited access area, secure from theft and damage. CONTRACTOR shall ensure that transfer supplies are only available for distribution to drivers by management and/or supervisory/dispatch staff. All transfers shall remain locked up and secured until the date of validity. AGENCY may require CONTRACTOR to report its transfer distribution policies, collection procedures, and usage records. CONTRACTOR shall secure all used or expired fare media for disposal by AGENCY. CONTRACTOR shall follow all revenue collection guidelines and procedures established in ATTACHMENT #6. PERFORMANCE BONUSi=S AND PENALTIES Performance bonuses and penalties shall be set as stated in the chart on the following page. See notes below: 13.1 Completed Trips Incentive Bonus or Penalty - Completed trip incentive bonuses or penalties (if any) are not cumulative and will be computed monthly and added or deleted from each monthly payment. One trip shall be one round-trip by a bus on a loop route and one one-way trip between terminals on a line route. Buses that are late at a terminus by half or more of the route frequency will be deemed a missed trip for the purpose of this section. For example, if the route frequency is 60 minutes, a bus late ata terminus by 30 or more minutes will be considered a missed trip. If the route frequency is 30 minutes, a bus late at a terminus by 15 or more minutes will be considered a missed trip. Incentive bonuses or penalties for completed trips shall be assessed to CONTRACTOR based on actual revenue service miles operated during the calendar month and will be included with the next scheduled monthly payment. Missed trips due to unusual traffic conditions, numerous passengers requiring wheelchair lift or device service, or other factors beyond control of CONTRACTOR may be excused. The AGENCY shall determine which factors are reasonably beyond the control of CONTRACTOR. The following bonus or penalty will be assessed to CONTRACTOR by the AGENCY (amounts are per revenue mile for total revenue miles actually provided and invoiced for the quarter in which the bonus/penalty is calculated): -19- /1,57 13.2 13.3 COMPLi=TED TRIPS BONUS/PENALTY (PER REVENUE MILi=) % COMPLETED BONUS PENALTY 99.900% or higher $0.06 ---- 99.850% - 99.899% $0.05 ---- 99.800% - 99.849% $0.04 ---- 99.750% - 99.799% (Standard) ---- ---- 99.700% - 99.749% --- $0.05 99.500% - 99.699% ---- $0.08 99.400% - 99.499% --- $0.15 99.300% - 99.399% ---- $0.20 99.299% or lower ---- $0.25 On-Time Performance Requirement - CONTRACTOR shall maintain a high level of on- time performance. Buses shall arrive at all designated time points no later than five minutes after the scheduled time. Buses shall not leave any time point prior to the scheduled departure time. The following bonus or penalty will be assessed to CONTRACTOR by the AGENCY (amounts are per revenue mile for total revenue miles actually provided and invoiced for the quarter in which the bonus/penalty is calculated). ON- TIMi= Pi=RFORMANล BONUS/Pi=NAL TY (PER REVENUE MILE) % ON-TIME BONUS PENALTY 95.00% or higher $0.06 --- 91.00% - 94.99% $0.03 -- 89.01% - 90.99% (Standard) ---- ---- 87.51% - 89.00% ---- $0.02 85.51% - 87.50% ---- $0.04 82.51% - 85.50% ---- $0.08 82.50% or lower --- $0.10 On-time performance will be monitored by the AGENCY regularly and will be computed on a quarterly basis. A minimum of 400 time checks will be performed by the AGENCY in each quarter to ascertain on-time performance and potential bonuses or penalties. The AGENCY will conduct on-time performance checks in a manner that results in a fair representative sample of the system. On-time performance checks will be stratified evenly by time of day and on a per route basis based on revenue miles. On-time performance checks may not be valid on trips where unusual traffic congestion, numerous passengers requiring wheelchair lift or device service, or other factors beyond control of CONTRACTOR hinders on-time service. The AGENCY shall determine which factors are reasonably beyond the control of CONTRACTOR The AGENCY may use time checks monitored by other agencies in calculating this bonus. Bonuses and penalties will be calculated based on actual revenue mileage during the quarter and will be paid or deducted in the month following the end of each quarter. Miles Between Mechanical Roadcalls Requirement - CONTRACTOR must meet an average of 4,500 miles or greater between mechanical road calls each quarter. A bonus will be provided for exceeding 6,000 miles between mechanical roadcalls. A penalty for -20- /1-58' failing to meet the minimum requirement will be assessed to CONTRACTOR by AGENCY on a quarterly basis, as shown in the chart below. AGENCY will caiculate average miles between mechanical roadcalls by dividing the total miles by the number of mechanical roadcalls for the reporting quarter. Bonuses and penalties will be paid or deducted in the month following the end of each quarter. AVERAGE MILES BETWEEN MECHANICAL ROADCALLS BONUS/PENALTY MILES BONUS PENALTY 7,000 or higher $5,000 6,000 - 6,999 $2,500 4,500 - 5,999 (Standard) ---- ---- 3,500 - 4,499 $2,500 2,500 - 3,499 $5,000 2,499 or lower $7,500 A. Failure to Achieve Reliability - The AGENCY, at its sole discretion, may terminate this Agreement if: 1. CONTRACTOR does not meet the monthly completed trip minimum (99.750%) for any consecutive two-month period or fails to meet the completed trip minimum more than three times in a fiscal year. 2. CONTRACTOR does not achieve the required on-time performance minimum (89.01%) for any two consecutive reporting periods or fails to meet the on-time performance minimum for more than four reporting periods during the term of this Agreement. 3. CONTRACTOR does not perform required vehicle maintenance in conformance with Exhibit A. 14. SPECIFIC LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. Therefore, both parties agree that the CONTRACTOR'S liability should be limited to, and fixed at, the sums stated in the table below, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative is final with respect to any assessment of liquidated damages. The AGENCY, or its designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment of liquidated damages. -21- 1/- 59 SPECIFIC LIQUIDATED DAMAGES PERFORMANCE MEASURE LIQUIDATED DAMAGES 1 CONTRACTOR is required to provide all transit $10,000 per day for eacti calendar day after commencement of this Agreement (July services as specified in this agreement. 1. 2002) that CONTRACTOR is unabie to provide full scope of services specified in this Agreement. 2 CONTRACTOR is required to provide a $100 per calendar day for each day beyond the 14 calendar day before expiration performance bond or irrevocable letter of credit in of the performance bond/irrevocabie tetter of credit that CONTRACTOR does not full force and effect at all times. provide AGENCY with a renewed bond/irrevocable letter of credit. 3 CONTRACTOR shail fuily. completely, and $5,000 per occurrence for the failure to My. completely. and effectively perform bus effectively perform bus maintenance as detailed in maintenance as detailed in Exhibit A. Section 6 & 7. Exhibit A. Section 6 & 7. 4 CONTRACTOR shail maintain buses in a safe $5,000 per occurrence for the removal from roadworthy status by California Highway and clean condition. free of scrutiny from safety Patrol of any bus used under this Agreement. and transportation agencies. 5 CONTRACTOR shail achieve a satisfactory rating $5,000 per occurrence for failure to achieve a satisfactory rating in any category of in ail categories of the annual California Highway the annual California Highway Patrol Safety Compliance Report (CHP 343). Patroi Safety Compliance Report (CHP 343). 6 CONTRACTOR shail provide sufficient trained $1,000 per caiendarday for the failure to provide sufficient trained drivers to operate drivers to operate transit routes in accordance transit routes in accordance with the route desCliptions given in Exhibit A. Defined with the route descriptions given in Exhibit A. as any missed service resulting from insufficient drivers. 7 CONTRACTOR shail submit to the AGENCY ail $200 per caiendar day for each incident of failure to submit to AGENCY any of the operational and financial reports as required in following reports: Monthly Summary Report; Monthly Drive~s Roste~ Monthly this Agreement. in a timeiy manner. All monthiy Management Report and Monthly Fuel Usage Log; Monthly Bus Washing Report (by reports are required to be submitted to AGENCY 8th calendar day of the following month); Daily Trip Records and Daily Bus Records no later than eight calendar days following the (weekly, prior to Thursday of the following week); Daily Equipment Status Report (by end of the month. Other reports due as specified. 8:00 a.m. each Monday-Friday workday). 8 CONTRACTOR shall ensure that all passenger $0.25 per revenue service mile for each revenue service mile operated by safety and comfort features provided on all buses CONTRACTOR with vehicles which do not have fuily functioning heating, air in revenue service are functional. conditioning, destination signs. farebox. stop request system. internal public address system. passenger doors and radio. 9 CONTRACTOR shall ensure buses are main- $200 for each calendar day or each incident that CONTRACTOR faiis to clean each tained in ciean, sanitary, and attractive condition. bus as required in Exhibit A. Section 7. 10 CONTRACTOR shail ensure that ail drivers $200 for each calendar day or each incident that CONTRACTOR assigns a driver to complete training requirements specified in this work under this Agreement who has not compieted the training required in Agreement. accordance with Exhibit A, Section 8. 11 CONTRACTOR shall ensure that all drivers wear $100 for each caiendar day for each incident that one of CONTRACTOR's drivers an approved uniform while on duty, fails to wear an approved uniform while on duty. 12 CONTRACTOR shail repair vehicle body damage $100 for each day or each incident that CONTRACTOR fails to repair vehicle body not requiring the order of body parts within 21 damage (interior or exterior). not requiring the order of body parts. within 21 calendar days of the date damage occurred. calendar days of the date damage occurred. 13 CONTRACTOR shall provide to AGENCY and $100 for each catendar day or each incident that CONTRACTOR fails to provide an follow an approved fare collection policy that approved fare collection policy and/or failure to conform to the approved fare ensures that revenues are securely transferred coliection procedures. and properly accounted for. 14 CONTRACTOR shall provide sufficient buses to $1,000 per calendar day for failure to provide sufficient buses to operate transit operate transit routes in accordance with the route routes in accordance with route descriptions in Exhibit A. (AGENCY must provide desCliptions given In Exhibit A. CON-TRACTOR with a ratio of spare buses available to total buses a minimum of 20%.) 15 CONTRACTOR shall employ and assign to the $1,000 per calendar day for each calendar day CONTRACTOR fails to employ and services covered by this Agreement an On-Site assign to the services covered by this Agreement an On-Site Manager. Assistant Manager, Assistant On-Site Manager, On-Site On-Site Manager. On-Site Fieet Maintenance Manager. Road Supervisors, or Driver Fleet Maintenance Manager, Road Supervisors or Trainers approved by the AGENCY or its designated representative. In the event Driver Trainers approved by the AGENCY or its any of these employees terminates employment with less than 2 weeks' notice. designated representative. liquidated damages wlli not be assessed until the 22"" calendar day following the notice of termination. 16 CONTRACTOR shall operate transit routes in $500 per occurrence for each unauthorized failure to operate transit routes in accordance with route descriptions in Exhibit A. accordance with the route descriptions given in Exhibit A. 17 CONTRACTOR shall ensure every vehicie in $200 per occurrence for each incident in which a bus leaves the yard to enter revenue service has a functional wheelchair lift (or revenue service without a functionai wheelchair lift (or ramp). or kneeler. ramp) and kneeler. 18 CONTRACTOR shall ensure wheelchair lift and ~200 per occurrence for each incident in which the wheelchair lift or device, or kneeler on every vehicle in revenue service Is kneeler does not function on a bus in revenue service. functional. 19 CONTRACTOR shall ensure vehicles in revenue $100 per incident of a vehicie in revenue service ieaves a scheduled time point prior service follow the AGENCY-provided scheduie. to the scheduled departure time. Continued on next page -22- (-~O SPECIFIC LIQUIDATED DAMAGES (CONTINUED) PERFORMANCE MEASURE LIQUIDATED DAMAGES 20 CONTRACTOR's drivers are required to $'20 per occurrence for each incident in which a driver is observed not making a announce all stops identified by AGENCY as required stop announcement by AGENCY or its agent(s). required for compliance with the Americans with Disabiiities Act. 21 CONTRACTOR is required to provide accurate $500 for each incident in which AGENCY finds that CONTRACTOR has inaccurately reporting of all data to AGENCY. including missed reported missed miieage. Note that gross. intentional. or willful inaccuracy in mileage. reporting may subject CONTRACTOR to other damages. 22 CONTRACTOR is required to complete all $50 per hour for each hour of required training not provided to an employee as employee training as outlined in this Agreement. detailed in this Agreement. AGENCY may audit training records at any time without prior notice. 23 CONTRACTOR is required to complete all $500 for each incident offaiiure to meet pUllout due to lack of available buses by scheduled service and stand-by runs each CONTRACTOR or insufficient drivers to fill all runs. momlng and afternoon during peak periods. 24 CONTRACTOR shall ensure that no unaulhorized $1,000 for each incident where an unauthorized person is found inside the gates of personnel access the MMF without prior AGENCY the MMF without prior AGENCY approval. Damages will apply to CONTRACTOR if approval. This includes all friends, relatives. and persons found inside the gates are there to do business or visit with CONTRACTOR business partners of CONTRACTOR or its or any of its employees. employees or any non-approved person who is not an AGENCY or CONTRACTOR employee. A. In lieu of the above estimates of actual damages as liquidated damages, the AGENCY may, at its discretion, assess the actual damage caused by the breach as its remedy, and obtain this remedy through offset against retention or any other appropriate procedure. B. Failure of the AGENCY to assert any right which it has under this Agreement, or to assess any liquidated damage as provided herein, shall not act as a waiver as to the AGENCY's right to enforce the provisions of this Agreement, or assess liquidated damages in the future, except as specified herein. The assessment of liquidated damages and/or deductions as provided under this Agreement shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this Agreement. C. CVT Scope of Work 12-10-01.JCOOLING -23- I/-(P! EXHIBIT A - SCOPE OF WORK ATTACHMENTS 1. Service Characteristics 2. Buses and Other Equipment 3. Bus Maintenance 4. Bus Cleaning and Vehicle Appearance Program 5. Employee Training Programs, Requirements, and Regulations 6. 7. Fare Collection Procedures Maxwell Maintenance Facility 8. 9. Operational Data to be Collected by CONTRACTOR Glossary of Terms 10. MTDB Policy 32 and Adopted Wage and Benefits Scale 11. Summary of Proposed Positions 12. Wages and Benefits Proposal 13. Technical Proposal 14. Pricing Proposal /I'(P;). ATTACHMENT #1 SERVICE CHARACTERISTICS Service characteristics in the chart below represent current existing service that will be covered under this Agreement. This includes 12 existing routes that will be in operation effective July 1, 2002. There are no approved specific modifications to the service planned, although service characteristics are subject to change during the term of the agreement. The current services included require 26 buses for regularly scheduled peak service with 37 total buses available. AGENCY reserves the right to adjust the number of vehicles provided (increase or decrease) as necessary to accommodate service changes. Any resultant changes in pricing or costs passed onto AGENCY by CONTRACTOR shall only be in accordance with Article III.B. of the Contract. AGENCY has plans to order six (6) replacement low-floor 35- or 40-foot heavy-duty transit coaches for CVT due to be ordered in 2002 for a 2003 delivery. CONTRACTOR shall also provide one bus on weekdays from 6:30a.m. to 10:00a.m. and 2:00p.m. to 6:00 p.m., to be stationed at the H Street Trolley Station area to operate as a standby tripper. Standby bus will be paid for on an hourly rate only. Stand-by bus shall respond to peak passenger overloads or other unforeseen passenger demand issues that affect service reliability. CONTRACTOR may also be required to provide additional bus service at the request of AGENCY for unscheduled situations. This may include, as an example, responses to parades, detours, special events, construction projects, traffic conditions, passenger overload situations, or any other unscheduled shuttle service. AGENCY will make every effort to notify CONTRACTOR of any additional vehicle requirements at least 24 hours in advance for these requests. Additional bus service may also be requested to respond to emergency situations such as natural disasters, or criminal activity that requires emergency evacuations or other service requested by law enforcement, or fire/emergency officials. CONTRACTOR shall respond to these requests, with little or no notice, to the best of its ability, with the welfare of those involved being the top priority. All additional peak and emergency trippers will be invoiced to AGENCY at the hourly rate for standby service. CONTRACTOR will be required to provide an employee shuttle service for those employees who do not have the means to get to and from the Maxwell Maintenance Facility (MMF). CONTRACTOR may elect to utilize one or more of the required relief vehicles for this service and it is entirely up to the CONTRACTOR where this shuttle's pick up and drop off points are as long as it is an effective method for getting employees to and from work. Ample MMF parking will be provided for those CONTRACTOR employees who choose to drive to work. There will be no additional compensation for this CONTRACTOR employee shuttle service. CONTRACTOR will be required to provide additional marketing assistance of up to eight (8) hours per month for community services, as described in Section 9 of Exhibit "A" This marketing assistance or these community service functions may require the use of a vehicle for inclusion in parades, community fairs, static displays, etc. There will be no additional compensation for this community service effort up to eight (8) hours per month. 2 II-~?; Revenue Mileage, Revenue Hours, and Vehicle Requirement REVISED i=stimates for 7/1/02 REVENUE SERVICE REVENUE ROUTE SPAN OF SERVICE MilES 701 Weekday: 4:56am-10:55pm Saturday: 7:00am-10:25pm 729.14 59.82 17 Sun/Hal: 7:30am-9:55pm 702 Weekday: 5:15am-10:00pm Saturday: 5:30am-10:35pm 412.08 37.92 10 Sun/Hal: 7:00am-9:50pm 703 Weekday: 5:15am-10:19pm Saturday: 6:47am-8:59pm 638.28 49.72 25 Sun/Hal: 6:47am-6:14pm 704 Weekday: 5:25am-10:07pm Saturday: 7:20am-8:30pm 386.88 27.88 11 705 Weekday: 5:55am-10:20pm Saturday: 7:30am-8:30pm 410.32 31.31 Sun/Hal: 9:00am-8:30pm 706 Weekday: 9:00am-7:30pm Saturday: 9:00am-7:30pm 194.62 20.33 Sun/Hal: 9:00am-6:10pm 706A Weekday: 7:00am-8:20pm Saturday: 7:00am-6:20pm 135.55 13.33 Sun/Hal: 7:00am-7:20pm 707 Weekday: 6:05am-6:59pm Saturday: 6:05am-6:59pm 178.38 12.83 708 Tuas-Fri: 9:50am-5:12pm Sat-Sun: 9:50am-5:12pm 50.46 7.37 Mon/Ho/: No SelVica (Tuesday - Friday only) 709 Weekday: 6:10am-10:19pm Saturday: 7:30am-9:34pm 915.73 63.15 41 Sun/Hol: 9:05am-9:34pm 711 Weekday: 6:00am-8:10pm SaVSun/Hol: No Service 247.84 14.17 11 712 Weekday: 6:00am-10:56pm Saturday: 8:00am-9:56pm 200.71 16.93 Sun/Hal: 8:00am-9:56pm TOTALS: 4499.99 354.76 151 620.34 42.5 10 353.21 31.03 378.05 26.90 186.47 13.13 324.00 24.92 194.62 20.33 135.55 13.33 163.20 11.83 50.46 7.37 408.85 25.8 15 555.04 38 10 168.2 14.83 189.03 13.45 280.13 21.75 87.78 9.17 125.38 12.33 HOURLY STANDBY SERVICE WEEKDAY ESTIMATES REVENUE REVENUE DEADHEAD VEH. MilES HOURS MilES REQ ROUTE SPAN OF SERVICE 7XX Weekday (Standby) 6:30A.M. - 1 0:00A.M. & 2:00P.M. - 6:00P.M. TOTALS: CVT RFP SEVICE SUMMARY.JCODlLXlS REVISED: 12/27/2001 7.50 0 7.50 0 II-Iu 'I ATTACHMENT #2 AGENCY-OWNED BUSES AND EQUIPMi=NT 1. BUS FLEET The following fleet of diesel-powered and compressed natural gas (CNG)-powered buses will be provided by AGENCY to CONTRACTOR for Maxwell Maintenance Facility (MMF) on July 1, 2002. A limited quantity of buses will be available to CONTRACTOR on April 15, 2002 for training purposes. CONTRACTOR must provide full insurance for any vehicles used for training prior to July 1, 2002. The complete fleet of buses to be used in this agreement are as follows: Qty Year Make Model Length Date Available 4 1989 Chance VS24 Trolley (Diesel) 26' 7/1/02 6 1991 Orion Orion I (Diesel) 35' 7/1/02 2 1995 Gillig Phantom (Diesel) 35' 7/1/02 25 2001 New Flyer G40LF (CNG) 40' 7/1/02 37 = TOTAL Details of each bus type are shown in this section for information only. Fleet mileage figures are based on historical performance. AGENCY makes no guarantee of future fuel consumption or mileage. CONTRACTOR understands that future performance may vary. AGENCY may change fleet size prior to or during this Agreement. 1.1. 1989 Chance Trolley Bus (Model VS 24) - Diesel The following four buses will be provided by AGENCY to CONTRACTOR. These buses all have the following equipment: Engine: CAT 3208-175 - Diesel Fleet Mileage: 4.5 MPG Transmission: Allison AT545 Wheelchair Lift: Mobil Tech Air Conditioner: None Mobile 2-Way Radio: Motorola Spectra Fare Box; GFI Cents-a-Bill electronic, registering farebox. Destination Sign: Roll Curtain front, side Safety Equipment: Fire Extinguisher, Triangles Transfer Cutters: Equipped Passenger Counters: Equipped Fire Suppression: Not Equipped 3 / / -~5 VEHICLE DESCRIPTION Fleet # Model VIN Length Seated Actual Est. Year (Last 5) Overall Passenger Mileage Mileage (Feet) Capacity 11/20/01 6/30/02 017 1989 07460 26 18 193,500 210,000 018 1989 07461 26 18 141,500 150,000 019 1989 07462 26 18 142,000 150,000 020 1989 07463 26 18 147,100 160,000 1.2. 1991 Orion (Orion I) - Diesel The following six buses will be provided by AGENCY to CONTRACTOR. These buses all have the following equipment: Engine: Detroit Diesel6V92TAC - Diesel Fleet Mileage: 3.5 MPG Transmission: 08635 Veith Wheelchair Lift: Lift-U Air Conditioner: None Mobile 2-Way Radio: Motorola Spectra Fare Box: GFI Cents-a-Bill electronic, registering farebox Destination Sign: Roll Curtain, front, side Safety Equipment: Fire Extinguisher, Triangles Transfer Cutters: Equipped Passenger Counters: Equipped Fire Suppression: Not Equipped VEHICLE DESCRIPTION Fleet # Model VIN Length Seated Actual Est. Year (Last 5) Overall Passenger Mileage Mileage (Feet) Capacity 11/20/01 6/30/02 024 1991 02810 35 39 523,700 590,000 025 1991 02811 35 39 560,300 620,000 026 1991 02812 35 39 573,700 640,000 027 1991 02813 35 39 563,400 620,000 028 1991 02814 35 39 545,650 600,000 029 1991 02815 35 39 532,200 600,000 4 / I-~(P 1.3. 1995 Gilliq (Phantom) - Diesel The following two buses will be provided by AGENCY to CONTRACTOR. These buses all have the following equipment: Engine: Detroit Diesel Series 50 - Diesel Fleet Mileage: 3.5 MPG Transmission: Allison B-400R Wheelchair Lift: Lift-U Air Conditioner: ThermoKing T-2 Mobile 2-Way Radio: Motorola Spectra Fare Box: GFI Cents-a-Bill electronic, registering farebox Destination Sign: Roll Curtain, front, side Safety Equipment: Fire i=xtinguisher, Triangles Transfer Cutters: Equipped Passenger Counters: Equipped Fire Suppression: Not Equipped VEHICLE DESCRIPTION Fleet # Model VIN Length Seated Actual Est. Year (Last 5) Overall Passenger Mileage Mileage (Feet) Capacity 11/20/01 6/30/02 032 1995 85857 35 29 297,400 360,000 033 1995 85858 35 29 308,500 380,000 1.4. 2001 New Flyer (G40LF) - CNG The following twenty-five buses will be provided by AGENCY to CONTRACTOR. These buses all have the following equipment: Engine: Cummins 8.3G (CNG) Fleet Mileage: 3.0 M/LB Transmission: Allison B400R Wheelchair Lift: Flip-down Ramp (Auto/Manual) . Air Conditioner: ThermoKing - R134A refrigerant/oil Mobile 2-Way Radio: Motorola MCS 2000 Fare Box: GFI Cents-a-Bill electronic, registering farebox Destination Sign: Twin Vision - LED Lit Flip Dots (15), All LED (10) Safety Equipment: Fire Extinguisher, Triangles, First Aid Kit Transfer Cutters: Equipped Passenger Counters: Equipped Fire Suppression: Equipped (Engine Compartment) 5 /I-(¡; 1 VEHICLE DESCRIPTION Fleet # Model VIN Length Seated Actual Est. Year (Last 5) Overall Passenger Mileage Mileage (Feet) Capacity 10/31/01 6/30/02 7001 2001 21605 40 37 45,434 96,000 7002 2001 21606 40 37 47,474 97,000 7003 2001 21607 40 37 47,578 97,000 7004 2001 21608 40 37 49,015 98,000 7005 2001 21609 40 37 44,308 96,000 7006 2001 21610 40 37 51,467 99,000 7007 2001 21611 40 37 47,612 97,000 7008 2001 21612 40 37 45,207 95,000 7009 2001 21613 40 37 45,888 95,000 7010 2001 21614 40 37 46,058 96,000 7011 2001 21615 40 37 51,152 99,000 7012 2001 21616 40 37 50,627 98,000 7013 2001 21617 40 37 47,828 97,000 7014 2001 21618 40 37 42,271 95,000 7015 2001 21619 40 37 42,899 95,000 7016 - NA (Oue to NA (Due to 7025 2001 arrive early 40 35 arrive early 20,000 2002) 2002) 2. TURNOVER INPECTIONS AGENCY will conduct two turnover inspections of all AGENCY-owned revenue buses prior to the start of this Agreement The initial turnover inspectiDn will take place in May 2002 or earlier, with CONTRACTOR required tD participate as an observer. The final turnover inspection will take place between June 28th and 30th, 2002, depending on schedule for availability tD CONTRACTOR. AGENCY will provide a professional inspection team of AGENCY's choice to assess status and condition of vehicles during all turnover inspections. AGENCY will determine the value of any deferred maintenance. AGENCY shall work with in-coming CONTRACTOR and out-going contractor to establish who performs any required work, how payments are made, and the responsible payer. AGENCY shall make the final determination of all maintenance-related turnover items. 3. OTHER EQUIPMENT SUPPLIED BY AGENCY AGENCY will supply CONTRACTOR the following equipment, all of which will be available on July 1, 2002 for CONTRACTOR's use, exclusively for the support of the provision of services in this Agreement. Equipment shall remain owned by AGENCY and shall revert to the possession 6 II-be¿ of AGENCY, or its designate, at the termination of this Agreement. CONTRACTOR is solely responsible for the storage, maintenance, and security of this equipment, and shall pay for any repair or replacement of such equipment in the event of damage, theft, or other loss. In addition to the attached Fixed Asset Inventory list, the AGENCY will also be providing a fully equipped heavy-duty maintenance shop. The specific shop equipment provided is shown on the Maintenance Shop Equipment Attachment following the Fixed Asset Inventory. These parts are for use exclusively on AGENCY's buses. CONTRACTOR shall pay for and provide for the replacement of any parts used, in order to maintain, at a minimum, the spare parts inventory shown here. The AGENCY, and/or current incumbent contractor shall make this equipment and these spare parts available to CONTRACTOR on July 1, 2002: One (1) spare Detroit Diesel6V92TAC diesel engine, and one (1) spare Cummins 8.3G (CNG) engine; One (1) spare Voith D9635 transmission, and one (1) spare Allison B-400R transmission; Four (4) Motorola hand held portable radios; Thirty-two (32) Motorola Spectra radios for use in AGENCY owned buses and as spares Twenty Five (25) Motorola mobile radios model MCS 2000 for use in AGENCY owned buses; One (1) Motorola base radio (Desktrac Control Station) for dispatching function; Two (2) Steri-Koni portable bus lifts (2001 models); All applicable maintenance manuals and reference books for all AGENCY-supplied vehicles; All applicable heavy-duty maintenance equipment needed to service the fleet effectively. Refer to the attached Fixed Asset Inventory list and well as the Maintenance Shop Equipment List for additional details. Equipment is not limited to these lists, as other necessary equipment will likely be added prior to contract start up; Office furniture for CONTRACTOR staff; 9 Desktop Computers and related software for CONTRACTOR staff will be provided by AGENCY at the start of contract. CONTRACTOR shall be responsible for ongoing computer system repairs, maintenance, and software upgrades during the life of the contract. CONTRACTOR shall also be responsible for replacement of all computer system equipment if damaged or otherwise made unusable for the life of the contract. Equipment being supplied specific to the 25 New Flyer Buses (7001-7025): » 1 Spare Power Module consisting of an assembled Cummins 8.3G CNG engine, electronic control module, cooling fan and drive, radiator and surge tank, exhaust muffler and piping, engine oil filter systems, main air system compressor, Allison World B400R transmission, transmission control module, transmission shifter assembly, transmission 7 /1- ~9 filter, transmission oil cooler, alternator and drive, starter motor, air-conditioning compressor, and clutch; » 25 spare wheels and mounted tires (will arrive with one per bus); » 25 passenger seat sets. Each set includes one forward-facing seat frame and two shell seats with VR50 inserts; » 1 Twin Vision Destination Signs programmer; » 4 PCMCIA flashcards (Twin Vision); » 2 sets of MAN Axle tool sets; » 1 King Pin tool set including hydraulic press, high-pressure hydraulic pump, guide and press mandrel, and bushings; » 1 PC laptop computer with software for the Allen Bradley PLC system; » 3 Thermo King Intelligent Readers; » 4 Combustible Gas Leak Detectors; » 2 World Transmission ATEC reader (Pro-link Reader) plus WT Cartridge and ABS Cartridge; » 1 New Flyer Part No. 3886296 Insite Lite for the Cummins 8.3 (IS C) diagnostic software; » 1 New Flyer Part No. 3824938 Inline I Adapter; » 1 New Flyer Part No. 3824594 PC to Inline I cable; and » 1 New Flyer Part No. 3824439 6-pin Deutsch cable - connects inline I adapter to engine; The following General Farebox, Inc. (GFI), farebox test equipment and spare parts shall be provided for the GFI Cents-a-Bill fareboxes utilized on all AGENCY-provided fareboxes: » 1 GFI farebox test set with module and power supply; » 6 GFI bill transport mechanisms; » 6 GFI coin mechanisms; » 6 GFI Logic boards; ¡.. 6 GFI Power boards; and » 2 GFI Spare Fareboxes for R &R. 4. OTHER EQUIPMENT SUPPLIED BY CONTRACTOR CONTRACTOR shall be responsible for supplying the equipment shown on the following list. The equipment must be available by July 1, 2002 for CONTRACTOR's use exclusively for the support of the provision of services in this Agreement. Equipment shall remain owned, maintained, and replaced as necessary, by CONTRACTOR during the term of this Agreement. 8 ,,~ 70 All of the equipment detailed below shall become the property of the AGENCY, in roadworthy operating condition, on the final day of the contract term at no cost to the AGENCY. CONTRACTOR is solely responsible for the storage, maintenance, and security of this equipment, and shall pay for any repair or replacement of such equipment in the event of damage, theft, or other loss. This is not a comprehensive list, and CONTRACTOR is responsible for providing other equipment as necessary to perform the services required in this Agreement. . Three (3) Relief Vehicles (2000 model year or newer); Two (2) Supervisor Vehicles (2000 model year or newer); One (1) Maintenance Truck (3/4-ton, 2000 model year or newer); Rolling (movable) storage tanks for engine, transmission, and hydraulic fluids may be required if AGENCY supplied fixed storage tanks do not meet the demands of a highly efficient, heavy-duty transit maintenance shop. One (1) Telephone System for CONTRACTOR staff. Attached: ADDITIONAL HEAVY-DUTY SHOP EQUIPMENT LIST 9 11,71 . QTY. EQUIPMENT MQQEJ", FEATURES I NOTES 1 1 4 1 1 2 4 2 8 Refrigerant Recovery Unit Heavy-Duty Wheel Balancer 20-Ton Air/Hydraulic Jack 1-Ton Transmission Jack Brake Drum Removal Cart Brake Drum Dollies Heavy-Duty Tire & Wheel Caddy Heavy-Duty Wheel Dollies Jack Stands SPX Robinair, 342000 Accu-Turn 8902 Lincoln W93733 Norco 72700 Back Buddy 11 OTC 5017 Clever Lever Lincoln 93765 LlNC For R-134A refrigerant; Oil-less Compressor; Self-clearing With Built-in Pneumatic Lift Lightweight; Automatic Valve Fully Adjustable Universal Saddle With 10-Hole Outboard Drum Adapter Set With 10" Pneumatic Tires and Adjustable Handle Helps Replace Tires Up to 300 Lbs. Safely and i=asily 3/4-Ton Capacity Please Note: This list is not a comprehensive look at all support equipment, but a quick look at some of the critical items being supplied by the AGi=N Other equipment will be provided and the maintenance shop will be fully stocked to operate and maintain a fleet of heavy-duty transit vehicles and support vehicles. ~ \J CVT HEAW OUTY EQUIPMENT LlST.JCOOLlNG.XLS 12/11/01 ATTACHMENT #3 BUS MAINTi=NANCi= It shall be CONTRACTOR'S responsibility to provide m.aintenance personnel and institute a vehicle maintenance program to achieve a high level of maintenance on the fleet of AGi=NCY- owned buses provided to CONTRACTOR. AGENCY expects a significant effort to maintain vehicles in the highest level of condition by providing a program that covers the following general elements and others defined in this attachment: . Preventative Maintenance Mechanical Maintenance Zero Tolerance Graffiti Removal Cleaning Program CNG Safety and Inspection Engine and Transmission Quality Control Warranties on New Buses Interior Bus Maintenance (Seats, Driver Seats, Floors) Wheelchair Lift/Ramp Maintenance Farebox Maintenance Tire Servicing Wheel Cleaning Maintenance Performance Analysis Maintenance Reporting . . . . . All preventative maintenance inspections and mechanical maintenance shall be performed at the Maxwell Maintenance Facility (MMF) by qualified employees of the CONTRACTOR unless otherwise noted. The minimum required positions included within the staffing requirements table (in Attachment 11) are suggested minimums. CONTRACTOR is responsible for providing the necessary staff to perform all elements required as part of the maintenance program included within this Agreement. If CONTRACTOR staffing levels for maintenance personnel fall below the required minimums, CONTRACTOR shall temporarily utilize existing personnel for additional time or shifts to insure that the maintenance staffing workload meets or exceeds the minimum Full Time Equivalent (FTE) requirements for each of the maintenance staffing categories until such time that additional staff are hired, trained, and employed. Failure to maintain staffing levels that equal or exceed the required levels will subject CONTRACTOR to liquidated damages as described in the Exhibit A. Subcontracting of additional or specialized cleaning functions may be considered, however, all maintenance manager, mechanic and service positions designated in the required staffing chart must be employees of the CONTRACTOR. CONTRACTOR'S duty and responsibility to maintain all vehicles and equipment is not delegable to any other person, firm or corporation. CONTRACTOR is required to utilize AGENCY-owned maintenance management software system currently installed at MMF. The CCG FASTER, NT-Based software program will be provided by AGENCY. It has been utilized on 37 of the proposed buses including the new low- floor CNG buses. All other AGENCY buses provided for this agreement will be entered into the maintenance software system by CONTRACTOR as the buses are delivered or transferred to MMF. The system is operated on a Windows based computer operating system. Computer equipment is provided by AGENCY and required for the maintenance offices so that 10 /1-73 maintenance clerical staff can enter data into the maintenance software system and so that the software can be accessed daily. Additionally, CONTRACTOR key maintenance staff shall attend other coordination meetings with other transit providers or vehicle component suppliers as needed. 1. MAINTENANCE PERSONNEL Maintenance personnel assigned to work on AGENCY-owned buses shall have thorough knowledge of: 1.1. Bus engines (both diesel and CNG), transmissions, and related mechanical parts. 1.2. Methods and procedures used in servicing mechanical equipment. 1.3. Bus chassis and bodies. 1.4. Tools, precision instruments, equipment, and procedures used in the general repair and maintenance of bus equipment. 1.5. Decimals, fractions, and specifications related to bus mechanics. 1.6. Specialized areas such as minor painting, upholstering, brake relining, air conditioning, wheelchair lift or device, electronic registering fareboxes, electronic destination signs, and laptop computer diagnostic programming. 1.7. CNG handling and safety methods including: engine maintenance techniques; fuel tank inspection; fueling procedures; methane gas leak detection; shop safety systems; and ventilation requirements. Staffing levels shall be in accordance with minimum levels in Attachment 11. Training for maintenance personnel shall be provided, at a minimum, as defined in Attachment 5. 2. MAINTENANCE PERSONNEL SKILLS 2.1. Inspect bus engines, transmissions, CNG fuel systems, and other mechanical, electric, and electronic parts and components. Diagnose bus engine, transmission, CNG fuel systems, and other mechanical electric, and electronic parts and component system problems. Repair bus engines, transmissions, CNG fuel systems and other mechanical, electric, and electronic parts and components when necessary. Diagnose and repair electronic components such as the bus electronic control system, fareboxes, electronic destination signs, wheelchair lifts/ramp mechanism and air conditioning systems. 2.2. 2.3. 2.4. 3. PREVENTIVE MAINTENANCE CONTRACTOR shall adopt and maintain a formalized preventative maintenance program for all vehicles in conformance with manufacturers' preventative maintenance schedules, state law, industry standard practices, and detailed maintenance required by AGENCY. The attached Preventative Maintenance Inspection (PMI) Checklist details the exact PMI intervals required by AGENCY, as well as the minimum requirements for each interval (based on manufacturers recommended schedules). Any PMI procedures that go above and beyond these minimum requirements are entirely up to CONTRACTOR, but the minimum requirements must be met within +/- 500 miles of the specified interval. 11 J/~/}if The mileage intervals are based on scheduled mileaç¡es rather than a progressive PMI cycle. This means that PMls get scheduled based on pre-determined mileages rather than measuring from the miles of the previous inspection as in the progressive system (e.g. if the last Inspection was done at 3,250 miles, the next one is due at the pre-determined 6,000 miles, rather than at 6,250). Time based intervals (hourly, weekly, etc.) shall not be a determining factor for PMls for the duration of the contract. However, if a vehicle has been out of service for more than 30 continuous days, the vehicle must be given an A inspection in order to inspect CNG tanks, brakes, and other related items in an A inspection prior to re-entering revenue service. Any vehicle that has had major repairs, such as the repair of major body damage or collision repairs shall have an inspection conducted by AGENCY staff to insure vehicle has been returned to full compliance. CONTRACTOR must also meet or exceed the PMI requirements set forth by vehicle builders and all major component manufacturers (New Flyer, Detroit Diesel, Cummins, Allison, Thermo King, LlFT-U, RICON, GFI Genfare, Twin Vision, Lincoln Composites, etc.). Major components include, but are not limited to, engines, transmissions, AlC and heating, doors, radios, wheelchair lifts, fareboxes, destination signs and CNG fuel tanks. Failure to follow both AGENCY and manufacturers' guidelines may result in the liquidating of damages and/or termination of this Agreement AGENCY shall determine CONTRACTOR's compliance with the above requirements by reviewing detailed monthly PMI reports and by utilizing an independent maintenance consultant. AGENCY selects buses randomly for independent third party inspections. Inspections occur roughly 2 to 3 times per year, however, if necessary AGENCY may increase frequency of independent inspections. If CONTRACTOR wishes to revise some of these requirements during the course of the service agreement (because of new information, or techniques that have been approved by the manufacturer), it may present a revised plan, with supporting documentation, to AGENCY for review. AGENCY decisions regarding revised PMI procedures shall be final. In addition to these minimum PMI requirements, CONTRACTOR must also create and implement PMI functions for the following equipment: 1. Compressed Natural Gas (CNG) tanks, connectors, fittings, hoses, etc. - A CNG tank inspection program must be implemented at the start of the contract that will address all safety requirements of the bus and tank manufacturers as well as any other requirements from CHP, Title 13, or other. CNG tanks must be inspected for damage and or leaks at least every 3,000 miles (A PM) inspection) or more depending on manufacturer and other requirements. AGENCY supplies portable gas detection monitors to assist CONTRACTOR with gas detection and inspections. 2. CNG Fuel Systems - A Specific CNG fuel system PMI section shall be developed to address some of the differences between CNG and diesel engines. This PMI schedule and its inspection points must conform at a minimum to the manufacturers requirements and all safety related items must be addressed in the program. 3. CNG Gas Detection and Fire Suppression Systems - A detailed program shall be developed to address the PMI needs of these systems. This shall include at a minimum the calibration of gas detection units, testing of the fire suppression agent canisters, and inspections of the wiring, harness etc. There are currently systems supplied by AMEREX and Santa Barbara Dual Spectrum. CONTRACTOR must also conform to guidelines provided by these manufacturers or any future gas detection and/or fire suppression system vendor. 12 11,1S 4. Driver Seats - A detailed PMI program must be developed for driver seats fleet wide. Each seat manufacturer's requirements must be met at a minimum and driver safety, comfort, and accessibility must also be a consideration. Prolonging the life of the seat should also be a major factor in creating the PMI schedule. This should include the mechanical systems, seat foam/cushions, seat covers, as well as cleaning and cosmetic issues. All driver seats on buses being supplied are currently supplied by USSC with air cushions and lumbar supports and automatic controls for adjustments. 5. Heavy-duty Lifting Systems - A detailed PMI program should be developed to ensure these systems are in safe working order at all times and ensure they are able to achieve their maximum useful life. The program shall meet all requirements of the manufacturer and address all warranty related issues. All supplied lifts have the capacity to handle heavy-duty transit buses. 6. Wheelchair Lifts and Ramps - While Lift-U lifts have detailed PMls spelled out clearly in the PMI attachments, there are Mobil Tech lifts and Ricon ramps on certain buses in the fleet. PMI programs for these systems shall be developed to meet the manufacturers' requirements to address warranty, safety, reliability, and longevity issues. 4. MECHANICAL MAINTENANCE PROGRAM CONTRACTOR, at its sole cost and expense, shall provide all lubricants, repairs, cleaning, cleaning agents, parts, supplies, labor, maintenance, major components, and component rebuilding and replacement required for the operation of all equipment pursuant to this Agreement unless otherwise indicated. CONTRACTOR shall be fully responsible for the safe and efficient maintenance of all vehicles and equipment, radios, fareboxes, and all other AGENCY-provided equipment to be used to perform this Agreement in strict conformity to all CHP regulations and Title 13 requirements. AGENCY may inspect any vehicle at any time. CONTRACTOR shall allow AGENCY, or its designated agent, access to CONTRACTOR's facilities and records for the purpose of monitoring the CONTRACTOR's maintenance performance, as AGENCY deems necessary. AGENCY shall be permitted to view and copy any vehicle maintenance records, inspect vehicles, and request CONTRACTOR's personnel to drive vehicles and/or position vehicles to inspect the undercarriage, as is necessary to evaluate the condition of vehicles used in the performance of this Agreement. AGENCY, or its designated agent(s), shall conduct such inspections on a regular basis. All parts, materials, tires, lubricants, fluids, oils and procedures used by CONTRACTOR on all AGENCY-owned coaches, vehicles and equipment shall meet or exceed Original Equipment Manufacturer (OEM) specifications and requirements. All parts installed by CONTRACTOR on AGENCY-owned buses shall become property of AGENCY. CONTRACTOR is responsible for all parts related the to the CNG fuel systems for the engines and all components related to the CNG supply system on board the bus. It is not expected that any bus prior to Year 2000 would have any warranty remaining on any components. The six (6) replacement buses due in 2003 would have some parts on warranty for part of the first year of the agreement. Most warranty coverage would be for the first year of the vehicle on components and first two years of the vehicle on the engines and transmissions. CONTRACTOR must use a few specified proven products at all times (listed below). If CONTRACTOR determines there to be an approved equal or alternative to these products, it must submit the request in writing, along with all supporting documentation, to AGENCY for 13 /1'1~ review. AGENCY decisions regarding requests for alternative products shall be final. These products can be described as follows: CNG Engine Oil- 76 Lubricants Company, Triton VGEO Plus Diesel Engine Oil - 76 Lubricants Company, Guardol QL T Multigrades Automatic Transmission Fluid - 76 Lubricants Company, Super ATF Brake Pads - Marathon HeatStar HS Diesel Fuel shall meet CARB requirements Refrigerant - R 134A AC Compressor Oil shall be polyolester oil (ThermoKing No. 203-413) Coolant shall be Propylene Glycol type At a minimum, the Maintenance Program must provide that: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. All wheelchair lifts, ramps, and other accessibility-related equipment shall be inspected, serviced and lubricated at intervals necessary to insure that all accessibility features are fully operational whenever the vehicle is used in revenue service. Fareboxes, radios, destination signs, public address systems, request-to-stop systems, passenger doors shall be inspected, serviced and lubricated at intervals necessary to ensure that this equipment is fully operational as designed whenever the vehicle is used in revenue service. At least every 6,000 miles at a preventative maintenance inspection, a laboratory engine and transmission oil analysis shall be performed on every AGENCY-provided bus engine or transmission. The analysis program used by CONTRACTOR shall be subject to approval by AGENCY. Brake inspections and adjustments shall be performed at intervals that insure the safe and efficient operation of the braking system. Since all vehicles are equipped with slack adjusters, the traditional "X' brake inspection at 1,000 or 1,500 miles is optional. Brakes must be fully inspected, at a minimum, of 3,000 miles at the "A" inspection. All components of the bus bodies, appurtenances, and frames shall be maintained in a safe, sound and undamaged condition at all times. Damage (including body damage and all bus appurtenances) shall be repaired in a professional manner within three weeks (21 calendar days) of occurrences. In the event that the repairs cannot be made within three weeks due to the severity of damage, and/or backorder of parts not typically in CONTRACTOR's inventory, CONTRACTOR shall work with AGENCY to establish a reasonable schedule for completion. All mechanical, electrical, fluid, air, and/or hydraulic systems shall be maintained in a safe and fully functional (as designed) condition at all times. The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment, and exhaust system of the bus at all times. 14 1/.11 4.8. 4.9. 4.10. Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to insure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times during revenue service. CONTRACTOR shall maintain the AIC systems in an operable condition throughout the entire year. Driver and passenger seats shall be maintained in proper operating condition at all times. All rips, tears, cuts, gum, graffiti and other damage shall be cleaned or repaired in a professional manner immediately upon their discovery. CONTRACTOR shall replace seat covers that are worn or cannot be professionally repaired, using materials that are identical in design and color as those materials being replaced. Bicycle racks (front two position SportWorks) are provided on all buses provided for this service. CONTRACTOR shall maintain bicycle racks in good working order. Racks shall be inspected every 3,000 miles with the "An PMI. Racks may need to be sanded, repainted or polished, or replaced (if not easily repaired). All replacement racks not provided by AGENCY shall be stainless steel. 4.11. CONTRACTOR, as manager of the fleet, shall establish and maintain a spare parts inventory based on the age and variety of vehicles, sufficient to ensure that peak hour vehicle requirements are met. 4.12. AGENCY may remove a vehicle from revenue service if AGi=NCY determines that maintenance on any vehicle is not in conformity with this Agreement. 4.13. CONTRACTOR, as an agent for AGi=NCY in the case of warranted equipment, will be responsible for ensuring that the vehicle manufacturers and all component manufacturers perform or reimburse CONTRACTOR for all parts and labor, which are covered under warranty. CONTRACTOR shall diligently follow the preventative maintenance program so any warranty coverage on AGENCY-owned or provided equipment is not lessened or invalidated. 4.14. Upon completion or termination of this Agreement for any reason, CONTRACTOR shall retum vehicles and all other AGENCY-provided equipment to AGENCY with no deferred maintenance or damaae, less reasonable wear-and-tear as determined by AGENCY. 4.15. CONTRACTOR shall maintain a preventative maintenance program for the maintenance of driver seats on all revenue vehicles. This shall conform to and be no less strict than the seat and/or vehicle manufacturers' recommended preventative maintenance program. It shall include, at a minimum, inspection, repair, and replacement for seat cushions, frames, armrests, and all electrical, mechanical, and pneumatic components. 4.16. CONTRACTOR shall follow the specific Facility Maintenance Program (details in ATTACHMENT #7), that shall include at a minimum, monitoring and PM programs for the following items: facility gas detection systems, exterior and interior lighting, waste oil tanks, storm water pollution control plans (SWPP required), maintenance area overhead doors, air compressor, fire alarm/extinguisher system, and fueling station procedures (diesel and CNG). 15 /I,1r¿ 4.17. CONTRACTOR is responsible for all towing services related to this AGREEMENT. 4.18 Tire maintenance and replacement are the responsibility of the CONTRACTOR. Incumbent contractor has a subcontract for tire supply. CONTRACTOR shall endeavor to work with incumbent contractor to continue existing tire subcontractor or transition to a new tire subcontractor. CONTRACTOR will be responsible for arranging lease continuations on tires, or replacing tires if changing tire contractors. This shall be included in CONTRACTOR's transition plan as submitted to AGENCY after contract award. Any new buses delivered during this contract will be delivered with tires purchased by AGENCY as part of the bus procurement. Any replacements for these original tires will be the responsibility of the CONTRACTOR as the original tires require replacement. 5. MAINTENANCE SHOP PRACTICES 5.1. 5.2. 5.3. 5.4. 5.5. The maintenance Quality Assurance and Warranty Manager shall verify the quality of the work performed by re-inspecting five (5) PMls per week and add his/her signature to the PMllnspection form. Tires shall always be matched (by manufacturer, size, and tread pattern) on each axle. All 25 New Flyer buses have Alcoa aluminum wheels. CONTRACTOR shall follow Alcoa-recommended guidelines for wheel maintenance and cleaning. All Gillig, Orion, and Chance coaches have painted steel wheels. CONTRACTOR shall clean wheels weekly and re-paint as necessary. Broken or cracked glass or window liners shall be replaced immediately upon discovery. No buses shall enter into revenue service with broken or cracked glass at any time. Scratched or etched glass or window liners shall be replaced weekly unless significant damage or offensive in nature, which shall require immediate replacement. Bus Brake Replacement 5.4.1. Both brakes on an axle will be replaced at the same time. 5.4.2. Premium brake blocks will be used - Marathon HeatStar HS is required. 5.4.3. Wheel seals will be replaced with every brake job and bearings will be checked. Other 5.5.1. Cradle motor mounts shall be replaced in pairs. 5.5.2. Radiators shall be re-cored at the time of engine replacement. 5.5.3. Bus maintenance and storage facilities shall be free of freestanding water. All oil, grease, fluids, dirt, trash, rags, boxes, etc. shall be removed from bus maintenance and storage facilities daily. 16 1I~7'1 6. BUS MAINTENANCE RECORD KEEPING CONTRACTOR will maintain an up-to-date vehicle file for each vehicle containing, at a minimum, the following information: 6.1. 6.2. 6.3. 6.4. Year and Make; Model; Serial number/AGENCY fleet number; AGENCY Property 10 number and serial number of installed AGENCY-Owned equipment; 6.5. license number; 6.6. Vehicle Identification Number (VIN); 6.7. Date received; 6.8. Date placed in service; 6.9. Annual miles; 6.10. Contract miles; 6.11. Life miles; 6.12. Major Component Rebuild and Replacement including date and life-miles; 6.13. Vehicle repairs; 6.14. Preventive Maintenance Inspection Reports; 6.15. Daily "Bus Condition" reports; and, 6.16. Work Orders. CONTRACTOR is required to utilize the CCG FASTER, NT-based maintenance reporting software provided by AGENCY and currently in use for the existing fleet. The "Preventive Maintenance Inspection" Report will be kept for at least four years for all vehicles. The Daily Bus Report will be kept for the period required by the California Highway Patrol (CHP). Copies of the "Preventive Maintenance Inspection" report will be submitted to AGENCY on a monthly basis if so requested by AGENCY. AGENCY shall coordinate with CONTRACTOR for submittal of selected summary type reports from the computerized maintenance system. Any Daily Bus Report shall be submitted to AGENCY upon request. CONTRACTOR shall submit the entire vehicle file or selected reports from the maintenance software system to AGENCY upon request. The computerized maintenance software system must be backed up regularly and a copy of the back up provided to AGENCY monthly. 7. SAFETY 7.1 7.2 AGENCY will require that the Motor Carrier Unit of the CHP annually prepare and submit to AGENCY a Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343A). CONTRACTOR shall fully cooperate with, and allow access as requested to, any CHP officer or agent for the purposes of preparing the CHP 343. CONTRACTOR must attain satisfactory ratings in each category of the Safety Compliance Report. CONTRACTOR must expeditiously correct any deficiencies noted on any CHP vehicle or terminal inspection report. AGENCY requires that CONTRACTOR regularly inspect and maintain all safety equipment used or required in the fulfillment of this Agreement. CONTRACTOR is responsible for purchasing, at its own cost, fire extinguishers, first aid kits, first aid kit 17 fl..gO refill supplies, and triangle reflector kits sufficient to ensure that spares are always available and that the operation maintains compliance with local, state, and federal safety regulations. Drivers' daily vehicle inspection shall include a check of the fire extinguisher and triangle reflector kit. Used, missing, or broken items must be replaced as soon as practicable. All vehicle and facility fire extinguishers shall be inspected and tagged no less frequently than annually. First aid kits shall be inspected and professionally serviced at least once per year. 8. AGENCY REIMBURSEMENT OF ENGINE AND TRANSMISSION REBUILD COSTS AGENCY recognizes that during the term of this Agreement, engines and/or transmissions of AGENCY-owned buses not under warranty may have to be rebuilt or replaced. (See also Exhibit A, Section 7.16.) 8.1. 8.2. 8.3. 8.4. 8.5. If CONTRACTOR determines that an engine or transmission needs to be rebuilt or replaced, within 24 hours of determination the CONTRACTOR shall notify AGENCY, in writing, detailing the reasons for such a determination and including pertinent information from the vehicle file and a detailed outside vendor's cost estimate. After its inspection and review, AGENCY may direct CONTRACTOR, in writing, to proceed with the recommended work. CONTRACTOR will only be permitted to pass through to AGENCY the costs related to any engine or transmission work accomplished following the above-mentioned procedure. AGENCY will not be liable for any costs if CONTRACTOR does not follow the above-mentioned procedure. CONTRACTOR must submit a detailed invoice to AGENCY for all such work. CONTRACTOR is responsible for removing and replacing engine and/or transmission from the vehicle and all related labor costs. If AGENCY determines that such work is necessary due to poor maintenance performance by CONTRACTOR, AGENCY will not be liable for any costs. CONTRAèTOR shall remain responsible for all costs related to repair or replacement of any engine-driven part including, but not limited to, generators, hydraulic pumps, water pumps, fuel pumps, valve covers, oil pans, alternators, voltage regulators, air compressors, air-conditioning compressors, vacuum pumps, starter motors, and turbocharger. CONTRACTOR shall also remain responsible for all costs related to repair or replacement of transmission-related parts including, but not limited to, oil coolers, external oil lines, external filters, external linkage modulators, external speedometers/odometers, "driven" gears or sensors, neutral start switches, and temperature sensors. 9. FUELING OF VEHICLES 9.1 CNG Fueling Initially, 25 buses will be fueled with Compressed Natural Gas. The CNG compressor station is agency owned. All responsibilities of the CNG fueling station are the responsibilities of the AGENCY. The CNG station has been designed with the minimum requirement of fueling one vehicle per every 10 minutes. Some buses 18 II'~I 9.2 may be fueled mid-day on weekdays for mid-day reliefs and all 25 CNG buses (unless out of service) are fueled each night seven days per week. A contingency CNG fueling plan shall be developed to fuel at the MTS South Bay Maintenance Facility (SBMF) at 3650A Main Street in Chula Vista, or at San Diego Transit's Imperial Avenue Division (lAD) in the event of CNG compressor shut down for any extended period. Buses must be transported by CONTRACTOR to the SBMF or lAD for fueling by MTS Contractor or SDTC personnel respectively. Additionally, in the event of system failure at lAD or SBMF, buses can be fueled at the Maxwell Maintenance Facility (MMF) CNG fueling station as necessary. CONTRACTOR must agree to participate in the contingency fueling plan and agree to transport buses to other locations, if necessary. The MMF layout currently includes one set of two service lanes on the north side of the facility using the north driveway as access. CONTRACTOR shall have procedures established in the event of emergency for proper notification to AGENCY, maintenance contractor or provider, SDG&E, MTDB officials, and City of Chula Vista Fire Marshall. Diesel FuelinQ AGENCY will provide a underground fuel tank for storage of diesel fuel. The tank system is monitored by an electronic monitoring system. Any replacement of parts related to the electronic monitoring system shall be the responsibility of AGENCY. AGENCY shall purchase the type and grade of diesel fuel to be used in vehicles under this Agreement There are two diesel fuel dispensers, each with one hose operated with an electronic fuel management system. All diesel buses shall be fueled every night. 19 / 1- g~ PREVENTATIVE MAINTENANCE INSPECTIONS (PM ) " CHECI<LlST MiNIMUM REQUIREMENTS (BASED ON SCHEDULED MILEAGE) A: R' Adjusted Repaired BUSH L: Lubricated X' Replaced MILES- T: Tested I' Inspected 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 32 33 34 ITEM I INSPECT OR SERVICE CODEI COMMENTS I . II. . Start the engine Look and listen for signs of trouble. Engine. transmission, and undercaridge Inspact for leaks. Staam clean or pressure wash. "RUN" switch Chock for proper oparation in aach switch position. Road test Monitor overall coach road ability and performance. Door/brake interlock Check operation. Parking brake Check by trying to move the coach with the knob pulled up Air governo' Check air pressure cut-in and cut.out setting. Compressor build-up time Check for proper operation. Drivers seat Check operation and lubricate. Drivers seat belt Chock operetion and inspect for damage. Drivers window Inspect for damage. Sun visor Check operation and inspect for damage. Pedal Pivots Lube and inspect. Electric foot pedal Check return springs. P.A. system Check operation. Parking brake decal Check condition. Decals Check all decals for damage. Directional and emergency lights Check operation. Fast idle Check operation. Horn Check oparation. Gauges Check all gauges for proper operation. Warning lamp system Check all warning lamps and buzzers. Dash switches Chock operation. Climate control Check operation of heater and A.C. Steering column Check operation and inspect for damage. Door control valve Chock operation. Door "I'ening and closing speed Check for pr<>¡>or speed adjustment and lube. Exit door Check operation and lubricate. test sensitive edge & drunk alarm Destination sign Check operation and all lamps. Windshield wiper and washer Check operation, inspect for damage, and check fluid level t Defrost & Drivers vent Chock operation. Kneeling system Check operation. Kneeler warning horn Check operation. Wheelchair lift Check operation & fluid level. Test pressure sensitive mat & sensitive edges. Floor covering. Inspect for damege. Passenger chime Check operation. Windows and mirrors Check operation end inspect for damage. Lube. Passanger seats Inspect for damage, sharp adges, & loose seat mountinos. Roof escape hatch Check operation and proper seal. Grab rails and stanchions Inspect for damage. sharp edges, & loose mountino bolts 1 Interior lights Check operation. 2 Interior trim Inspect for damage, sharp edges, & missing or loose screws 3 Modesty panels Inspect for damage, sharp edges. & missing or loose screws 4 Back-up alarm horn Check operation. 5 Oil pressure Check oil pressure at idle & at full throttle 6 Ignition coils & spark plugs wires Check condition. 7 Gas manual shut off Check valve for proper operation. 6 Battery Wash and check all cables. Clean and coat terminals. Check water level. 9 Radiator core Wash with WATER HOSE ONLY. 0 Air circulation system Clean air intake grills and change filters. Wash with WATER HOSE ONLY. , Wheels Inspect for damage, sharp edges, & proper stud nut torque. 2 Tires Check for wear, damage and proper operating pressure. Front 110 P.S.I., Rear 100 P.S.I. 3 Coach exterior Inspect for damage. 35 36 37 36 39 40 4 4 4 4 4 4 4 4 4 5 20 II~ 83 65 66 A PMI - 3,000 MILES (CONTINUED) Bumpers Inspect for damage, sharp edges, & loose mounting bolts. Exterior lights Check operation. Reflectors Inspect for damage. Headlights Chack haadlight aim and high/low beam oneration. Air conditioning compressor Chack oil level at compressor sight olass. Drive belts Inspect for damage and orooar tension. Engina mounts Inspact mounts for oil soaking, waar or damage. Check bolts and nuts for nroner ti htness. Transmission mounts Inspact mounts for oil soaking, waar or damage. Check bolts and nuts for proper tightness. Fuel system Drain filter cartridge. Steering arm Inspect for damage and proper nut tightness. Coolant system Inspect for leaks. Check Condition of hoses and pipes. Tighten hose clamps & proper anti-freeze concentration. Surge tank Check condition and filler cap. Engine compartment Inspect all lines & hoses for leaks. rubbing, & wear points. Check liohts Pressure protection valva Check for proper operation. Fuel tanks Check for damaoe, proper mounting, seal intearity, & fuel leaks. Fuel lines, fittines, and seals Check for dam ace, proper mounting, seal integrity, & fuel leaks. Chassis Insoect and lubricate entire undercarriage. Front suspension Check for proper alienment and damaged or worn parts Tie rod ends Check for wear and lubricate. Dreg link ends Check for wesr and lubricate. S Indle and King Pins Check for wear and lubricate. Pitman erm Check tightness and wear. Front hubs Check for leaks and proper oil level. Suspension air system Inspect all air lines and air springs. Leveling valves Inspect for leaks and proper ride height. Air Tanks Drain and inspect for damage. Shock absorbers Check for leaks & damaaed or warn bushings. Frame Check for cracks. Walking beam/equalizer Check condition. Staerino wheel plav Check and measure in. Brake earn rollers Inspect. Puree valve ooeration Check for prooer operation. Primary single check valve operation Check for Draper operation. Secondary single check valve operation Check for proper operation. Emergencv SR-1 valve Check for nraper operation. Radius rods Check for proper torque and warn bushings. Stabilizer bar Inspect for damaaed and warn parts. Rear axle Check for leaks and proper oil level. Rear axle brackets Inspect for cracks and damage. Driva line bolts Check for praper tightness. Lube U-Jaints. Brake Chambers Check diaphragm and air lines for leaks. FRT: Rod travel frt max. 1 3/4" rear max. 2 1/4. REAR: Brake shoes Check lining thickness. Brake slack edjuster Check operation and use Haldex information sheet instructions Air dryer Inspect for leaks and replace cartridge if needed. Mud flaps Check for damage. Steering gear box Check end adiust if needed. Closure doors Inspect for damaoe and proper latching. Engine exhaust manifold Check bolts for tightness. Exhaust Inspect for restrictions and leaks. Engine cooling fan Check operation and fan blades. Engine Check oil level. Sending units Check all electrical sending units for leaks and proper operation Engine idle speed Check and adjust If necessary. Transmission Check fluid level. Hydraulic system Check fluid level. Coolant Check fluid level. Interior/Exterior Make sure all areas worked on are clean and free of hand prints; and access panels are secured. I Foreman Inspect work and sign-off upon completion. 21 II .8'1- 54 55 56 67 58 59 60 61 62 63 64 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 "0 " PREVENTATIVE MAINTENANCE INSPECTIONS (PM!) - CHECI{lIST MiNIMUM REQUiREMENTS (BASED ON SCHEDULED MilEAGE) A: R: Adjusted Repaired BUS# L: Lubricated X: Replaced MILES- T: Tested ,. !nspected 150 15 15 15 15 15 15 ITEM I INSPECT OR SERVICE CODE COMMENTS I ; . III . . . ' . Fire suppression system Check for proper operation and system certification/ expi<otion date. Gas detection system Check for proper operation and calibrate as needed. Oil Filter Replace oil filter - lif Spinner System, clean and service onlyl. Oil sample Drain oil sample from engine and transmission. Engine crankcase (oil) Drain and refill oil. Coolant filter Reolace. Fuel filters Replace. HVAC systsm (Refrlgeretlon I Hsatlng) Refrigerant Charoe Check (ball floating in fOp receiver tank sight glassl. Refrigerant Hoses snd Tubing Visuallv inspect for damage. Refrloerant & Oil Visually inspect for leaks. Moisture Check dry eye in bottom receiver tank sight glass and/or liquid line sight glass for moisture content. HVAC system (Compressor/Clutch I Clutch Armeture Visually inspect for wear & overheating caused by slipoage. Compressor Driva Belts Visually inspect for excessive wear. tension, and alignment (refer to bus manufacturer andlor belt supplier for ora per tensionl. Compressor Oil Check oil level and color (1/2.7/8" way up on the sight glass after 15 minute operation - 4GB compressorl. HVAC svstem (Structural) Condenser Coil Inspect for cleanliness. Evaporator Coil Inspect for cleanliness. Return Air Filter Clean or replace. Unit/Structure Inspect for loose. damaged, or broken parts. Wheelchair 11ft (Llft-U) Stow Deploy Chains and Conn Links - A. Rust / Corrosion. Inspect For: 8. Absence of cotter pins I keepers. C. Proper adjustment. D. Lubrication (Lube with P515-00121. E. Jam nuts secure. Stow Motor Chain and Conn Links. A. Rust / Corrosion. Inspect For: 8. Absence of cotter oins I keepers. C. Proper adjustment. D. Lubrication (Lube with P515.00121. Hydraulic Hose Electrical Cable Bundle - A. Proper routing. Inspect: B. Laaks (hosesl. C. Chafing. Stow Motor / Stow Shaft Inspect hydraulic hoses & fittings for leaks. Stow Deploy limit Switch Inspect limit switch arm for looseness. Chain Limit Switch Inspect limit switch arm for looseness. Slack Chain Notes: A. Forward lilt cylinder must operate freely up and down, allowing the chain switch to operate properly. B. lift cylinder chain must be flexible, allowing the chain switch to operate properly. Proximity Switches - Inspect For: A. Damage to the sensing end. B. Gap between sensing end and targets (Gap .030 to .0601. Hydraulic Power Source Inspect fluid level. Crutch Bearing - Inspect For: A. Proper adjustment. B. Galling - Transferring of brass crutch bearing particles to torque shalt couoling. C. Lubrication (Lube with multi-purpose greasel. 1 Hydraulic System - Manual Operation: A. Stow, deploy, raise, lower. 2 B. Roadside barrier up. 3 C. Roadside barrier down. 4 D. Curbsida barrier up. 5 E. Curbside barrier down. 6 "Manual Operating Procedure" Decals Inspect to ensure they are there and that they are readable. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 128 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 22 1/,85 157 158 159 lea Ie 162 , "' . " ' . Wheel.helr 11ft (Llft-UI (Continued I Main Lift Cylinders - Inspect Forward & Rear F A. Cylinder clevis pins free of rust & corrosion & must move freely. B. Cylinder clevis pins keepers. C. Jam nut must be tight against cylinder rod. D. Min. thread engaoement of 1" on turnbuckle bolts. 1 E. Speed of lift in cushion area. F. Apply lubricant to cushion adjustment screw cavities (Lube with anti-seize comooundl. Stow Latch Cylinder - Inspect For: A. Leaks in hydraulic hose and fittings. B. Lubrication on stow latch face (Lube with Door.Ease). Push-Off Spring Inspect (Note: Replece springs every 6 years or 8.000 cyclesl. Hendrails - Inspect For: A. Structural integrity. B. Bolts secured. C. Crecks in the tubing. Curbside Barrier Linkage and Cylinder - Inspec A. Structural integrity of barrier. B. Barrier anole. 1 C. Pivot ooints for darnaoe and wear. D. Cvlinder attachment bolts. E. Leaks in hydraulic hoses and fittings. F. Slide link & rod guide lubrication liube with anti-seize compound). Roadside Barrier Linkage and Cylinder - Inspec A. Structural integritv of barrier. B. Barrier angle. C. Pivot ooints for damage and wear. D. Linkage/cylinder jam nuts. E. Cylinder clevis pin keeoers. F. Leaks in hydraulic hoses and fittings. Lift Master Chains and Conn Links - Inspect F A. Rust I Corrosion. B. Absence of cotter pins / keepers. C. Lubrication (Lube with P515-0012). Slave Chains and Conn Links - Inspect For: A. Rust I Corrosion. B. Absence of cotter pins I keepers. C. Proper adjustment. D. Lubrication (Lube with P515-00121. E. Jam nuts secure. Foreman Inspect work end sign-off upon completion. le3 le4 165 le6 167 16B IB9 170 17 172 173 174 175 176 177 176 -'79 160 161 162 IB3 IB4 IB5 IB6 IB7 IBB IB9 23 II,gtp PREVENTATIVE MAINTENANCE INSPECTIONS (PM ) - CHECKLIST MiNIMUM REQUIREMENTS IBASED ON SCHEDULED MiLEAGE) A: R Adjusted Repeired BUS# L: Lubricated x, Replaced MILES- T, Tested I' Inspected 190 191 192 193 194 195 ITEM I INSPECT OR SERVICE .. COMMENTS.. ' If' . . , . . : . Transmission Drain and refill. Transmission filters Replace. Turbo Check recirculation valve. Air filter Replace. Rear axle flange nuts Check for proper torque. AMEREX system Perform biannual inspection & calibration (forms #10723 & #11900) Farebox Coin Mechanism Remove and Raplace BiiI Transport Remove and Replace Coin Escrow Inspect window, frame, bearings, solenoid, display lamp, Buib #16 1, and coin plate for damage and proper operation. Cashbox Inspect lock mechanism, lock barrel, & interior mirror for damage & Iproper operation. Dollar BiiI Stuller Inspect ollite bearing & rulon bearing for damage & proper operation. Inspect plastic for damage, but do not lubricate belts & tires. 1 Electronic Lock Check adjustment. Inspect pinion & drive gear for damage & proper operation. PIC Boards Clean connectors and dust & vacuum boards. General Inspect key pad, decals, and cashbox door for damage. Test Perform self test (use red iumper) Memory Check values in memory (bus #, farebox #, etc.), then clear memory. Registers Reset registers Spinner System lif equipped) Replaced element and service. Video Surveillance System lif equipped) Replace VCR. Foreman Inspect work and sign-oil upon completion. 196 197 198 199 200 20 202 203 204 205 206 207 208 209 24 /1" ~1 PREVENTATIVE MAINTENANCE INSPECTIONS (PMI) - CHECKLIST MINiMUM REQUIREMENTS IBASED ON SCHEDULED MILEAGE) A: R: Adjusted Repaired BUS# L: Lubricated X: Replaced MILES- T: Tested I: Inspected 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 228 227 ITEM I INSPECT OR SERVICE .CODE COMMENT. . ': ." . . . . : " Hydraulic reservoir Drain and refill. Hydraulic reservoir filter Replace. Raer wheel bearings Clean, inspect and lubricate. Front wheel bearings Clean, inspect and lubricate. Brake application valve E-6 install rebuiit kit. SRI-Valve Install re-build kit Quick release valve Install re-buiid kit. Relay valves R-12 and R-14 Install re-buiid kit. Starter cables Inspect for damage and tightness. Muffler Inspect for leaks and loose mounting straps. Coolant Orain and Ilush the system. Engine crankcasa Check fluid level. Transmission Check fluid level. Dlfferentiel Drain and relill. Cooling system Check coolant ievel. Hydraulic system Check fluid level. Brake chambers Change diaphragms. Batteries Check charging voltage and take hydrometer reading. HVAC System (Structural) Condenser Coii Inspect lor cleanliness. Evaporator Coii Inspect for cleanliness. Unit Structure Visually inspect for loose, damaged, or broken parts. Return Air Fi~er Clean or replace as needed. Condenser and Evaporator Drains Clean and ensure evaporator drain hose check valves (Kazoos) are in place and in good condition. Evaporator Fanshaft Bearings Lubricate (Shell Alvania EP2 suggested). Heater Coil System Inspect engine coolant hose & hose clamp for damage and clean condenser and evaporator coils. Engina Coolant Check for antifreeze protection down to -30.0F (-34.0 C) to prevent heater coii freeze up. Comprassor Mounting Bolts and Brackets Tighten all. Unit & Fan Motor Mounting Bolts and Bracket Tighten all. Condenser Air Seals and Air Deflector (if equi Check for damage. Evaporator Biower Shaft Coupling Adjustmant Check for damage. and Alignment lif equipped) HVAC System IElectrlcal) Thermostat Cycle Seauenca Chock for all modes (e.g. cool/reheat, vent/heat). 1 125 Ampere Batteryless A~ernator Excitation Check for proper operation and indications of damage. Voltage Output, Brushas & Bearings lif equipped) Alternator Drive Belts Visually inspect for axcessive wear, tansion, and alignmant. Altarnator Ciean, check for signs of corrosion. and check wire connections. Evaporator I Heater Blower Check motor speed, vo~age and amperes (all motors). Aiso inspect motor brushes & commutator bearings {brush type motors) 5 Condenser Fan Check motor speed, voitage and amperes (all motorsl. Also inspect motor brushes & commutator bearings (brush type motors) 6 Control Panei Area and Return Air Sensor Ciean with compressed air (may need to be cleaned more frequentiy). 7 Boost Pump (OEM Supplied) Check motor operation and inspect brushes lif equipped). 8 Wires and Terminais inspect for damage or corrosion. Ciean terminals with electrical contact cleaner if corrosion is detected. 9 Condenser Pressure Switch I Condenser Moto Check for proper operation (if equipped). 0 Freeze Thermostat Check for proper operation (if equipped). HVAC System IElectrical) 1 Thermostat Cycle Sequence Check for all modes (e.g. cool Ire heat, vent/heat). 2 125 Ampere Batteryless Alternator Check for proper operation and indications of damage. Excitation Voitage Output. Brushes & Bearings (if equipped) 3 Alternator Drive Beits Visually inspect for excessive wear, tension. and alignment. 4 Altarnator Ciean. check for signs of corrosion. and check wire connections. 25 1/,88 228 229 230 231 232 233 234 235 236 237 238 239 240 24 242 243 244 24 24 24 24 24 25 25 25 25 25 29 29 29 29 29 30 30 30 30 D PIVII - 48,000 MILES (CONTINUED) lin addition to all itoms listod lIndor A, B, & C insp.) HVAC System (Electrical) (Continued) Evaporator I Heater Blowar Check motor speed, voltage and amperes lall motors!. Also inspect motor brushes & commutator bearings Ibrush type motors) Condenser Fan Check motor speed, voltage and amperes lall motors). Also inspect motor brushes & commutator bearings (brush typa motors! Control Panel Araa and .Raturn Air Sensor Claan with compressad air (may naed to ba cleaned more frequentlv). Boost Pump 10EM Supplied) Check motor ooeration and inspect brushes (if equipped). Wires and Terminals Inspect for damage or corrosion. Ciean terminais with electrical contact cleaner if corrosion is detected. Condensar Pressure Switch I Condo Motor Check for proper operation (if equipped). Freeze Thermostat Check for proper ooeration (if equipped). HVAC system IRefrigeration I Heetlng) Refrigerant Charge Check Iball floating in top receiver tank sight glass). Refrigerant Hoses and Tubing Visuallv insoect for damage. Refrigerant & Oil Visually inspect for leaks. Moisture Check dry eye in bottom receiver tank sight glass andlor liquid line sinht glass for moisture content. Service Gauge Manifold Sets Install and check system operating pressure. temperature. & suttion line condition. Evaporator Pressure Regulator IEPR} Check valye ooeration (if equipped). LIQuid LIne Dehydrator Replace (Note: should be changed anytime the system is opened). Hot Water Control Valve Check operation lif eouipped!. HVAC system (CompressorIClutch) Clutch Armature Visuallv inspect for wear & overheating caused by slippage. Compressor Drive Belts Visually inspect for excessive wear, tension, and aiignment Irefer to bus manufacturer andlor belt supplier for proper tension). Compressor Oil Check oil level and color 11I2-7IB" way up on the sight glass after 15 minute operation - 4GB compressor). Clutch Air Gap Checkgapof.045 +1-.005in.11.143 +1-0.127mmJand surface flatness X426 compressor. Comoressor & Clutch Steam Clean. Clutch Coil Resistance and Voltage Check. Clutch Bearing Lubricate using Exxon Unirex N2. High Pressure and Low Pressure Cutout Check. Comoressor Oil Check for acidity. Compressor Efficiency Check. Compressor Oil Pump Pressure Check. Wheelchair lift (Llft-U) Curbside Barrier Linkage and Cylinder - A. Structural integrity of barrier Inspect For: B. Barrier angle C. Pivot ooints for damaoe or wear D. Linkena sat scrawnan¡ nuts E. Cylinder attachment bolts F. Laaks in hydraulic hoses and fittings G. Lubrication (luba with anti-saize compound) Lubricate Slida Link. Rod Guide, Shoider Bolt, & Linkage Pins. Roadside Barrier Linkage and Cylinder - A. Structural integrity of barrier Inspect For: B. Barriar angle C. Pivot points for damaae of wear 1 D. LinkagelCylinder Jam Nuts E. C linder clevis pin keepers F. Leaks in hydraulic hoses and fittings G. Cylinder clevis pins - remove, inspect and lubricate. 1. Lubrication (Lube with anti-seize compound). 5 Lift Master Chains and Conn Links - A.. RustlCorrosion 6 Inspect For: B. Absence of cotter pinlkeepers 7 C. Prooer adjustment 8 D. Lubrication ILube with P515-0012J 9 Slave Chains and Conn Links - A. RustlCorrosion 0 Inspect For: B. Absence of cotter pinlkeepers 1 C. Proper adiustment 2 O. Lubrication (Lube with P515-0012J 3 E. Jam.nuts secured / /, 't'1 255 256 257 256 259 260 261 262 263 264 285 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 263 284 285 286 287 268 289 290 29 292 293 294 26 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 D PNII - 48.000 NIllES (CONTINUED) (in addition to all items listed under A, ß, & C insp.) Wheelchair 11ft (Llft-U) (Continued) Stow Deploy Chains and Conn Links - A. Rust/Corrosion Inspect For: B. Absence of cotter pin/keepers C. Proper adjustment D. Lubrication ILube with P515-00121 E. Jam nuts secured Stow Motor Chain and Conn Links - A. Rust/Corrosion Inspect For: B. Absence of cotter pin/keepers C. Proper adjustment D. Lubrication ILube with P515-0012) Hydraulic Hose Eiectrical Cable Bundle - A. Proper routino Inspect: B. Leaks (hoses) C. Chafino Stow Motor / Stow Shaft - inspect For: A. Sprocket alignment B. Set screw in sprockets C. Hvdreulic hoses/fittings for leaks D. Set screw in beerina E. Sprockets for wear or damane Stow/Peploy Limit Switch. Inspect For: A. Stow switch must activate 1/2" before fully stowed B. Deploy switch must activate 1/2" before fully deploy. C. Loose limit switch arm Chain Limit Switch A. Adju.,ment between limit switch arm and trip B. Loose limit switch arm Slack Chain Notes: A. Forward lift cylinder must operate freely up and down, allowing the chain switch to operate properly B. Lift cylinder chain must be flexible. allowino the chain switch to operate properly Proximity Switches - Inspect For: A. Damage to the sensing end B. Gap between sensing end and targets (GAP .030 to .OBO) ¡:j;;'draulic Power Source - Inspect For: A. Fluid level B. Fluid pressure (1150-1200 P.S.I.I C. Change filter element Lift Mounting Bolts - Inspect For: Proper tornue - Refer to bus manufactures torque specs. Crutch Bearing - Inspect For: A. Proper adjustment B. Galling - Transferrina of brass crutch bearing particles to torque shaft coupling C. Lubrication (Lube with multi-purpose greasel Toraue Shaft Counlina Set Screws Inspect. Slide Channel Bearing Blocks Inspect. Menuel Operation of Hydraulic System - A. Stow, deploy, raise. & lower. Check for: B. Roedside barrier up C. Roedside barrier down D. Curbside barrie, up E. Curbside barrier down "Manual Operating Procedure" Decals Inspect to ensure they are there and that they are readable. Main Lift Cylinders - A. Cvlinder clevis pins free of rust & corrosion & must move freely. Inspect Forward & Rear For: B. Cylinder clevis pins - remove, inspect. & lubricate. C. Cvlinder clevis pin keepers. D. Jam nut must be tight against cylinder rod. E. Min. thread engagement of 1" on turnbuckie boits. F. Speed of lift in cushion area. F. Apply lubricant to cushion adjustment screw cavities (Lube with anti-seize compoundl. G. Apply lubricant to cushion adjustment screw cavities. Lubrication (Lube with anti-seize compound). 1 Stow Letch Cylinder - Inspect For: A. Prooer stow latch enoagement B. Hydraulic hose/fittings for leaks C. Lubrication on stow latch face (Lube with Door-Easel. Handrails - Inspect For: A. Structural integrity. B. Bolts secured. C. Cracks in the tubing. Fasteners Inspect for torque. Push-Off Spring Inspect (Note: Replace springs every 6 years or B,OOO cycles). Foreman Inspect work and sign-off upon completion. 326 327 32B 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 35 352 353 354 355 356 357 358 359 PM' CHECKLlST.JCODlING.XlS 91Sl01 27 1/ -10 ATTACHMENT #4 BUS CLi=ANING AND Vi=HICLi= APPEARANCE PROGRAM CONTRACTOR is responsible for completing the cleaning schedule outlined in this section. All costs for supplies and labor for cleaning and fumigation of vehicles are the responsibility of CONTRACTOR. Bus cleaning and maintenance of the appearance shall be scheduled as follows: 1.1. Graffiti Removal Remove any and all graffiti from the bus interior and exterior as soon as possible and at least daily. AGENCY requires a "zero tolerance" graffiti and vandalism policy. All removable graffiti and vandalism (including, but not limited to, damaged and/or vandalized windows, seat inserts, and seat covers) shall be repaired every night prior to deployment the next day or AGENCY may assess liquidated damages. Minor scratches or etching on window liners shall be replaced on a weekly basis unless offensive in nature, which shall require daily replacement. Repairs and/or part replacement for all other graffiti and vandalism damage (i.e., etching of painted body or walls) must be completed as soon as possible. 1.2. Daily Interior vehicle cleaning will be done on a daily basis. Interior daily vehicle cleaning will, at a minimum, consist of the following: 1.2.1. Clean inside of all windows and window tracks. 1.2.2. Clean wheelchair tie-down hard points, straps, and hardware. 1.2.3. Dust seats, dash, top, and sides of wheel wells, etc. 1.2.4. Sweep and wet-mop all floor and step (front and rear stepwell) areas, including removal of all gum. 1.2.5. i=mpty trashcans. 1.2.6. Restock timetables, comment cards, and Take Ones/information bulletins. 1.2.7. Clean all mirrors. 1.2.8. Clean all vertical and horizontal stanchions. 1.2.9. Vacuum all carpeted areas and areas that cannot otherwise be mopped or dusted. 1.2.10. Removal of all graffiti, except that etched into walls or exterior paint. 1.2.11. Wipe down bicycle racks. 28 II ¿q I 1.3. 1.4. 1.5. 1.6 Three Times Weekly The full exterior of the vehicle (including top) will be washed, and road film, fuel splashes, etc., removed at least three times per week. Exterior windows shall be cleaned (washed and wiped). Vehicle wheels and hubs shall be cleaned and brought to an "as new" condition (this may require special treatment); and, Biweekly Each vehicle shall receive a "deep cleaning" at least once every 14 days, which shall include, at a minimum: 1.4.1.1. Interior: . Wash and clean the vehicle ceilings, side walls, stanchions, handrails, windows, and passenger seats; Detail cleaning of driver area, driver seat, and all seat belts (including wheelchair tie-down straps), and removal of any graffiti and gum from the walls, seats, and flooring; Wash and clean wheelchair ramp/lift, passenger door/mechanism areas, front and rear stepwells, and doorways; and, Detail attention to rear interior section (seats, windows, flooring, bulkhead grill, etc.). 1.4.2. Exterior: Wash bicycle racks to clean accumulated dirt and grease. Removal of any etched graffiti not possible to be removed on a daily basis. Quarterly Each vehicle shall be fumigated at least quarterly to eliminate vermin and insects. Every Six Months Each vehicle exterior (all four sides) shall be waxed and polished every six months. 29 /I.CJ;;r ATTACHMENT #5 EMPLOYEE TRAINING PROGRAMS, REQUIREMENTS, AND REGULATIONS CONTRACTOR shall prepare plans and schedules for training of all CONTRACTOR'S employees assigned to this project. CONTRACTOR'S training plans and schedule shall include, at a minimum: master plan or schedule for all classes, individual class description sheets, and all handout materials (including applicable notes on operating procedures). Training shall emphasize facility, equipment, driving, fuel safety, CNG procedures, dispatch and road supervisors' responsibilities, driver conduct, fare structure and media, operating procedures, radio procedures, public and customer relations, and service area familiarization. A safety program shall be implemented and used by CONTRACTOR and all personnel. 1. i=. F. ALL CONTRACTOR EMPLOYEES A. A meeting of all affected personnel of the CONTRACTOR shall be held prior to system start-up or major service changes when so requested by AGENCY. No more than four such meetings will be requested during anyone-year period. AGENCY shall be permitted to attend and/or present information at these meetings. B. CONTRACTOR shall develop a plan that meets the approval of AGENCY for the instruction of CONTRACTOR'S personnel regarding knowledge and competence concerning accident reports, the fare structure, passes, transfers, and customer relations. C. AGENCY will make unannounced check rides. While performing such check rides, AGENCY will be able to ride buses without paying a fare. Spot checks may be used for evaluating CONTRACTOR's drivers, checking conformance to route schedules, checking conformance to Agreement requirements, and collecting ridership data. D. All CONTRACTOR's personnel shall keep all information regarding any incident or accident in this service confidential. Employees will only speak to police or supervisory personnel regarding any such accident. All CONTRACTOR personnel are prohibited from distributing, or aiding in the distribution of, any fare media, including transfers, passes, and tokens, in a manner inconsistent with the Uniform Fare Structure Agreement. CONTRACTOR personnel shall be informed that the theft of any fare media, including the illegal distribution of transfers, is cause for immediate termination of employment from services covered under this Agreement. CNG Training - All CONTRACTOR employees working at the Maxwell Maintenance Facility (MMF) working on or near CNG-powered vehicles, must complete training in CNG Safety and Equipment Familiarization. This training must consist of an initial eight-hour course for all covered employees plus a four- hour annual refresher course (except drivers; driver hours requirements are shown on the chart included with this ATTACHMENT #5). The CNG Safety and Equipment Familiarization training shall include, at a minimum: 30 /I-q~ 1. General CNG familiarization and safe handling procedures and familiarization with bus and tank manufacturer's recommended CNG safety procedures 2. Vehicle fuel, alarm, and gas detection systems 3. Building/facility alarm and gas/detection systems 4. Compressor station familiarization and safety 5. Fuel island/fueling safety 2. BUS DRIVERS CONTRACTOR shall recruit and train a sufficient number of drivers to provide the services described in this Agreement. CONTRACTOR shall maintain a sufficient number of back-up drivers to meet all contingencies without disrupting transit services. CONTRACTOR shall endeavor to hire and retain qualified vehicle operators and minimize driver turnover. A. Minimum Bus Driver Qualifications License - A valid Department of Motor Vehicles license (including a valid DMV Medical Certificate) to operate a transit coach equipped as those in this Agreement prior to being assigned to revenue service. Medical Examination - CONTRACTOR shall provide CONTRACTOR's driver's medical examinations at CONTRACTOR's expense at a medical facility approved by AGENCY and CONTRACTOR shall not permit any driver who has not successfully passed such examination to operate a vehicle in any service included in this Agreement. Medical examinations must be sufficient to meet the medical requirements for a Driver's Class B Certificate issued by the California Department of Motor Vehicles. Druq/Alcohol Screeninç¡ - CONTRACTOR shall comply with 49 CFR 653 and 654. Any person who may be assigned duties operating a vehicle or performing safety related duties may be required to undergo a drug/alcohol screen test at a facility approved by AGENCY prior to employment with CONTRACTOR. Re- testing shall occur no less often than renewal of the required DMV Medical Certificate. Other drug/alcohol screening shall be at the discretion of CONTRACTOR. CONTRACTOR must submit to AGENCY a drug and alcohol plan that meets the U.S. Department of Transportation Federal Transit Administration guidelines and requirements by June 1, 2002. No prospective or present employee of CONTRACTOR who tests positive on the drug/alcohol screening shall be assigned to operate a vehicle or perform a safety-related duty on any service contained in this Agreement. Backç¡round Checks - AGENCY requires CONTRACTOR to conduct a criminal history check on all personnel assigned to CVT service. No employee shall be assigned to CVT service whose criminal background check reveals any convictions, which endangered public health, safety and/or welfare. AGENCY reserves the right to request that specific employees be replaced for reasonable cause. 31 /I~qf B. Driver Training CONTRACTOR shall train drivers using classrooms and AGENCY-owned vehicles for simulation. AGENCY shall determine which AGENCY-owned vehicles may be used for training purposes. All training shall meet State of California Department of Highway Patrol standards and AGENCY requirements. CONTRACTOR shall also maintain an ongoing training program. All drivers must complete the training requirements in this ATTACHMENT #5 prior to driving in revenue service. Drivers participating in training for the initial startup may complete their in-service training after they begin driving alone in revenue service only through August 1, 2002. All training must be conducted by qualified driver trainers, as defined in the notes on the chart included in this ATTACHMENT #5. Drivers shall conduct themselves with the highest regard for passengers' safety and comfort, including following the practices set forth in the National Safety Council Defensive Driving Course. CONTRACTOR shall supply AGENCY with a list of drivers who have completed the specified driver training program for AGENCY's service. This list shall be updated at least monthly or as additional drivers are trained. In addition, CONTRACTOR shall forward to AGENCY a copy of each hired driver's employment application upon request. AGENCY will review this application to ensure each driver meets the minimum bus driver qualifications. CONTRACTOR shall document all classroom and driving training hours for each trainee. This training log shall be kept part of the employee's personnel records and must be available to AGENCY, DMV, CHP or other requesting agency to determine compliance with requirements of this agreement or requirements of federal, state and local laws. CONTRACTOR shall institute an ongoing driver safety award program that is approved by AGENCY. Classroom TraininQ - Classroom training should include, at a minimum, all of the elements shown in the chart in this ATTACHMENT #5. Classroom instruction should be a complete bus driver's course covering, at a minimum, the following items: 1. National Safety Council Defensive Driving Course, or equivalent; 2. Pertinent operating procedures for AGENCY's services, including but not limited to, schedules, routes, transfer policies, and fares and fare media; 3. Passenger handling, including empathy training to help new operators gain insight into the special needs and specific obstacles disabled individuals may encounter using public transportation; 4. Requirements of the Americans with Disabilities Act, including stop announcements; 5. State rules and regulations, including the California Vehicle Code; 6. Familiarization of all vehicles and vehicle components used in this Agreement, including all CNG-related components; 7. Company rules and regulations, 32 1/,95 8. AGENCY guidelines and policies related to transit services, including CNG safety procedures; 9. i=mergency procedures, including accident report writing; 10. Radio procedures; and, 11. Familiarization with all services operated by AGENCY and other transit services in the service area. AGENCY may from time to time provide CONTRACTOR with training information, service guidelines, and/or other materials that CONTACTOR shall reproduce and distribute to all operations personnel. CONTRACTOR shall provide AGENCY with a detailed driver training program for handling disabled passengers and complying with the Americans with Disabilities Act. Training program shall include basic course outline, training time allowed for each topic, and detail of specific areas discussed. Behind-The-Wheel Traininq - Behind-the-Wheel Training should include, at a minimum, all of the elements shown in the chart in this ATTACHMENT #5. This instruction should be a complete bus driver's course covering, at a minimum, the following items: 1. Basic driving skills; 2. Driving instruction on AGENCY's routes covered by this Agreement; 3. Operation of wheelchair lift or ramp, tie downs; 4. Experience boarding and alighting individuals in wheelchairs under various conditions; and, courteous treatment of disabled individuals and wheelchair users. TraiDees may only be credited Behind-the-Wheel training time for time that the credited trainee was actually driving and in complete control of the vehicle. In-Service Traininq - In-Service Training should include, at a minimum, all of the elements shown in the chart in this ATTACHMENT #5. Continuinq Traininq - Drivers shall receive at least one hour of safety training each month. Up to six (6) hours of this safety training (if Classroom) may count towards their eight hours of required annual Classroom instruction. CONTRACTOR shall conduct a one-hour refresher training in the proper use of wheelchair liftiramp/tie-down equipment at least once every six months. This may be used towards the requirement for one-hour of training each month. Evaluations - New drivers shall receive an on-board in-service evaluation check within 30 days of completion of training (certified as a driver) by the driver trainer or a road supervisor. Evaluation check shall be documented and kept in driver's file. At least once every three months, CONTRACTOR'S Driver Trainer or Road Supervisors will conduct an on-board in-service evaluation check ride with each driver. CONTRACTOR shall also be required to conduct such an in-service evaluation of any driver at any time at AGENCY's request. 33 II ~ 1b C. Drivers' Rules and Regulations 1. Employees will yield even though they may have the right-ot-way. 2. Vehicles shall be operated in a safe manner. 3. Smoking is not permitted in any vehicle, revenue or non-revenue, used in the performance of this Agreement. Drivers shall also enforce this policy with passengers. 4. While in uniform, an employee will not purchase, consume, or be under the influence of any narcotic, intoxicant (including alcohol), or harmful drug. 5. All passenger stops will be made in a safe location and in a safe manner; 6. An employee will be responsible for keeping their vehicle assigned clean and sanitary during his/her shift. 7. Employees are responsible for reporting any defects they believe their assigned vehicle may have to their supervisor immediately. 8. Employees may use vehicles only in accordance with their assigned duties. 9. Employees must deploy or actuate any wheelchair/kneeler/ramp systems whenever requested to do so by a passenger at a bus stop. 10. Employees must conduct themselves in a courteous manner at all times. 11. Proper destination signs must be displayed while in service. While not in service, a destination sign reading "Not In Service" will be displayed. 12. Employees providing service must travel over prescribed routes and must maintain time schedules. If it becomes necessary to go off route or through error, the employee will notify his/her dispatch immediately. 13. Drivers shall not play AM/FM radios, cassette players, televisions, or compact disc players in the revenue vehicles at any time. 14. Drivers shall not use personal mobile telephones while driving at any time. 15. No open containers of alcohol are allowed on any vehicle, revenue or non- revenue, operated in the performance of this Agreement. 16. Gratuities of any kind shall NOT be accepted. 17. Drivers shall have a good working knowledge of the Chula Vista Transit System and the regional San Diego Metropolitan Transit System. 18. All disabled persons requiring the assistance of a service animal shall be allowed full access with their service animal to all services as any other passenger. Drivers shall not require passenger to present proof or identification for any service animal. 19. All disabled persons requiring the use of a portable oxygen tank or other respiratory equipment shall be allowed full access with their oxygen tank and/or other equipment as any other passenger. 20. Drivers shall not leave unattended any valid fare media, including transfers on a bus during layover. 21. Drivers shall not leave any bus unattended without ensuring the interlock key switch has been activated and the key removed. AGENCY shall be able to request that specific driver(s) be replaced or removed for failure to follow the "Driver's Rules and Regulations" or other reasonable cause. D. Uniforms Clean, identical uniforms (to be approved by AGENCY) must be worn by all drivers at all times when on duty. CONTRACTOR shall provide and maintain 34 1/- 91 shirts, and trousers as required below. CONTRACTOR shall enforce a dress and appearance code, also subject to approval of AGENCY. At a minimum, dress requirements shall include: Shirts - Clean, identical, solid color shirts for all drivers. "CVT" patch, provided by AGENCY, must be sewn onto the right sleeve of all uniform shirts. CONTRACTOR may place company patch (to be approved by AGENCY) on left sleeve. Shirts may be short- or long-sleeved button-up collared dress shirts. Jackets - Clean, identical, dark, solid color jackets for all drivers for use during cold or rainy weather. NametaQs - Clean, identical, professionally made identification tags (provided by CONTRACTOR), including "CVT' logo and driver name. Trousers - Clean, dark, solid color full-length pants/trousers. Shoes - Clean, dark, solid color Oxford-style shoe. Shoes must be polishable and cover the entire foot. Sandals, boots, open-toed shoes, and athletic shoes are not acceptable. Conforming shoes must be worn at all times on or near the equipment, at the MMF, or any other facility, and anytime when on duty in the performance of this Agreement. Socks - Drivers must wear clean, dark, solid, matching socks. Hats - Drivers may wear a hat if they choose, but hats must be identical, solid color; quality cloth cap with brim on one side, and provided by CONTRACTOR. Brim must be worn over forehead at all times (hat may not be worn backwards or sideways). Nylon or mesh/partial mesh caps are not permitted. CONTRACTOR provided hats (if provided) must have the CVT logo as the sole design feature. Ties - Drivers are required to wear neckties (appropriately styled for male or female drivers) of a dark, solid color during the months of October through April. Ties must be provided by CONTRACTOR to drivers and should be identical in color and color-coordinated with the uniform. Drivers shall maintain ties in a clean and professional condition. E. Training/Policy Manual CONTRACTOR shall be required to create, print, and provide to each driver a comprehensive training and policy manual. A current copy of the manual and all updates shall be provided to AGENCY. AGENCY reserves the right to add items to, remove items from, update, or revise the manual as necessary. Such manual must be updated by CONTRACTOR no less frequently than once every two years and shall include at least all of the following items: 1. 2. 3. Principals of defensive driving and safe driving practices Passenger relations All of the items listed in Section C in this ATTACHMENT #5 (Drivers' Rules and Regulations) Uniform policy 4. 35 /I,q't 5. 6. Fare media handling and policies ADA requirements a. Lift/Ramp use b. Securement procedures c. Bus stop call-outs d. Service animals e. Oxygen Tanks/Respiratory equipment f. Sensitivity/empathy required for disabled passengers Drug/Alcohol policy and tèsting procedures 7. 3. DISPATCHERS/RADIO OPERATORS CONTRACTOR'S dispatchers and radio operators shall be trained in all operational aspects of the system (both dispatch and driving). Dispatchers and radio operators shall have satisfactorily completed the above driver training requirements. Dispatchers/radio operators shall have completed one year of experience as a fixed-route bus driver. If a dispatcher or radio operator was unable to perform as a driver, the experience of the dispatcher in transit, transportation or other related experience may be substituted for experience as a fixed-route bus driver. Dispatchers and radio operators are classified as "safety-sensitive" employees, so they are required to be enrolled in the same drug/alcohol screening programs as outlined for drivers above. . CONTRACTOR shall train dispatchers using classrooms and AGENCY-owned vehicles for simulation. AGENCY shall determine which AGENCY-owned vehicles may be used for training purposes. 4. MAINTENANCE STAFF A. License All maintenance employees must be appropriately licensed to drive any vehicle they will operate in the course of their duties, including a Class B Commercial Drivers License with an air brakes endorsement and a valid medical certificate, if such maintenance employee will be operating transit buses. Maintenance employees must also be enrolled in the drug/alcohol screening programs required of drivers. B. Training Requirements Specific AGENCY-required training hourS minimums for maintenance staff are given on the chart included in this ATTACHMENT #5, including the requirements for the CNG Safety and Equipment Familiarization training. These are minimum requirements that are only intended to familiarize maintenance employees with CVT operations, the facilities, and the vehicles. The training outlined in this ATTACHMENT #5 is not intended to provide for or replace any technical training that would be required of maintenance staff. CONTRACTOR is required to ensure that all maintenance staff is qualified and adequately trained to complete the technical and mechanical tasks required of 36 /1- qq employees in their position. Further, AGENCY encourages CONTRACTOR to utilize on-going training and seminars, often provided by maintenance consultants, manufacturers, and other vendors, to supplement and improve knowledge and performance of maintenance staff. Each "A"- and "B"- level mechanic shall be required to attend at least eight (8) hours of off-site training per year, provided by an outside vendor. This training may be conducted by a manufacturer of equipment used in the maintenance shop, a maintenance consultant, or other training program that would be relevant to the employee's duties. (This training may be conducted on-site in a group setting, by outside vendors, if approved in advance by AGENCY.) 37 1/, 100 -- - \ .......... ~ ........ U~,,(,)/E><"""""(b) L1ล~dwith,t~'st6 1A I~:~~;';;;":;;'" R'"",sio~lsC","'ct L/ลosB<lwith3-6M,,~s 1B I=:;:::::~:;i; C">,,, L/ลo"d w;~ 0-.3 M,,~s 1C I=::::';'i:::;~ ""o..ct L/~dw;~"least6 2A 1~';Fá~=" S,,"ลs '" OJ L/ลo"d w;~ 3.6 M,,~s 2B l&perienล" Oth"Fi~d. R,"", So""ลs L/ลo"d with 0-.3 M,oths 2C l&perienลooOth"Fi~d Ro"'e So""ลs L/ล~d with N, Fixed- J IR,"",Pu>lieTrnoSit &perleoล 4 INatL/ลosed"dNo Ex".ri"ล Rea~' Po" Aæld",t " I (Pro".rty Damage $500. $1O00)(~ PostAældent(loju'YDC 5b IPropertyDamage $1O00+)(~ A"",oล 0/6 =oths DC 6 IIooge,fromopernffogio ล~o""""'ล 7 IAoo"alRe¡"sh,,7rnioiog (A"hล~demployee,) CLASSROOM (e) BEHIND-THE-WHEEL ~~ . i\' a ~ ,. ~~ ~ ~ ~ ~ ~ . ~ ~';:. ~ ~ ~ '; i~~ ~ ~ ~~ 111 ~ wg. ~. ð!n ~ .~ .:11 ~ê ~ ~'E I H ~~. ~ :!!. æ~ ~~ 8 &'£.. co u,¡¡æ § ;!:æ 2 1(p" ""hide type) 1("., ""hide J i h~ H~ ~~£ 2 2 2 2 2 2 4 4 0 0 0 ¡.xis T_I Minimum Trelnlng Hours Required ~ ~ ~ j 1) 18-24 2 2 2 0 2 0 2 8 8 0 & 2 2 (e) 0 0 18-24 2 2 2 2 0 2 0 0 2 2 (e) 2(e) 12 30-36 120 120 140 200 240 4 20 18 16 Thehoum Ii"'edi" 01, table,peOfy.e m'"'m,,mamoc," ",quiลd by AGENCY. Stale BOd/DC 'ede",' "'qul",me,""",y be m""'"'g"'" AJlemploy..."e"~"",ul""'tom..",y"",ul""""".th"""Ybe"'d"OO"loO"e horn (,) 'Li"~d" mea" Oal.e im".d"l po~"ses, ~"d a"" cuneol Califomla CI'~ADCB Li~se, ". Pas"'g"BOd Ai, """, ""'mem"., BOd, cu"""BOd ""'id VeriOลlloo "T"",itT","io, Certifiลte. (b) "_""mea", rnลntBOdrnl""ot~p""'" dri"'g' bus I.. , fixed-route....b"e_",.,.", ".. th,1ast tw, ,..m. (e) CI""""", "i',"g must be "",duded bYDClo the prnsenล ala OOTIOOE"""",..","""o""""" bu, ""'"do", """i"" by.e Ca>ifomla VehideCode, T"'lo...with T51 """ลU"., ,.. desi_e. (")"T,,",," fo'the....""", alM'NI" "",""'00 mea"", I""Mdual with"""'ooe""allI3"'dri"" ~"."eo"'w'" ha, bee, "Ieded by, DOTIOOE ",""ed I__toe""'"~ B-T-W,'" ,"-saM" '_"'00. (e) Req"I"""""", h""", ,...rn"'" .at.e"'oee """at """led" "",,"ue_. (~PostA"'d"I..,o',.sh.." _the ","",ofth, """"'l Amooo. ~uen .""""Imu",, oo'Y. """""""'." ioi°'Y""ulU,g"m misuse alth, ,. de""sh,"" befollowedwith ..iolno emp""o;,g prn,...US9 allli"it (g) CNGSaletyBOd Equ~"","IT"""g (Cta=oom) m""',dud,- u1Iii"'g. CNGbuoto""""""",U",, BOd equipmeotfa",',- po"""", (")Th""""_oot'o~ude"".'gro.-.eCP""""'Aid"""ลU"."",,,""'aI"'dd""~, 2 type) 1(,... ""hid, type) 2 2 2 0 2 0 4 4 4 4 8 4 0 4 : 2 -+--i 4 I 2 I 4 4 4 4 8 4 0 4 4 4 4 8 4 0 28 4 8 8 I 4 4 4 4 8 8 44 8 8 4 4 814 81.",,>.!4 Ri=FRESHi=R INSTRUCTION: REQUIRED HOURS 0 0 0 0 0 0 0 0 0 0 I 0 ! 0 0 I 0 ~ -t- 0 I 0 2 2 0 0 4 2 2 2 2 0 2 0 10 2 2 2 2 0 2 6 0 0 2 4 8 4 36 4 40 44 4 36 48 4 40 44 4 36 4 60 64 20 52 88 8 60 68 40 88 52 8 80 4 0 4 0 0 0 4 12 1:6 0 0 0 4 8 0 0 0 0 0 0 0 0 Approx. No. of Weeks 0.4 0.5 0.5 1 3 3 3.5 5 6 0.1 0.5 0.5 -=a :Þ ;0 -( 0 " :Þ -( -( :Þ 0 I $: m z -( '*" ~ ::u m 0 c ;Õ m 0 0 ::u <' m ::u -j :g Z Z GJ I 0 C ::u (f) -j þ OJ r m :§' Experience (a) 'I IAtI"'" 2 Month, >; 14 Experience with AGENCY Q at SBMF en AGENCY ~ veMcIe, " ~ ~11BIA/lOthe" Õ w CD At lea" 2 Menth' , 2C ¡Experience with AGENCY <j I at SBMF en AGENCY " vehicle, ~ ¡; z Õ I 3 IA/lOthe" Atl"", 2 Menth, Exp"""""e with AGENCY at SBMF en AGENCY ,.hlcl., - -- \ -..... Ç::;> " ~ I 2C < Õ ~ ~ I 3 IAtfOth"'" '" Reason 5 I PoefAcddent (b) Annual Pro"sslenal . IDeveiopment!T",lnln. ecu"eslSemlna,,) - AÆ Mechanics Only Abunco or. months or 1 Iloog,,_malntenance dutl.. e I:~~:::":::::¡"' T",ln;n. '.CNTRFTPATTACHMENTSb 11.21.o1. a<'-'" " ~" 0 "I ~J f¡ f " ~. O>de -"ê!l'~ ~ ~ "', ~ ~ ~ ~'p ~ ~ g ~ i\. øj ~ ¡j~ g~~ H ~~ ~ .~! GENERAL 0 I I 0 i 2 , 2 Total Minimum Training Hours Required 4 6 Approx. No.of Weeks 0.15 0,35 0.15 0.35 0.1 0.2 0.1 0.2 0.2 0.2 (a) "Experlenล" mea", .......tand ..levant ""perience wooong at""","," """" asa møchanlc for a flxed..,"'" ,ubUc bansitopo",tion _in the last two yea". (b) Post""'dentba'n'n. "'ou~ _the ...... oftneacddent Amou"""- ...""nlmums only. (e) CNG Safety and Equ~menl nalnln. (CIa.....,m) i!ist Include time utltizinga CNG bus fordemo"""""en and equl,menlla""'larization p""""",. 0 0 2 2 2 2 4 0 0 8 3 3 0 0 0 2 0 2 2 2 2 4 0 0 3 3 0 0 0 0 0 0 2 2 I , ~ -- REFRESHER INSTRUCTION: REQUIRED HOURS 0 ~ 0 2 0 4 2 2 0 0 8 8 0 0 0 0 2 0 2 4 2 2 0 0 2 0 2 4 2 2 6 14 4 6 6 14 4 4 4 8 4 0 8 4 8 4 8 -:a » ;:0 -I 0 õ1 » -I ~ 0 J: ลก:: m z -I 'Ii: ~ ;:0 m 0 c ;:0 m 0 ลก:: » Z -I m Z » z 0 m m ลก:: 'lJ r 0 -< m m (f) -I ;:0 ~ Z Z G) J: 0 C ;:0 (f) );! CD r m ATTACHMENT #6 FARE COLLECTION PROCEDURES 1. FAREBOXES 1.1 EQUIPMENT SUPPLIED BY AGENCY AGENCY shall supply CONTRACTOR with one complete electronic farebox for each bus. Fareboxes shall initially be General Farebox, Incorporated (GFI) Cents-a-Bill models, with bill transports, coin mechanisms, bill stuffers, and a cashbox vault. Each bus comes with two cashbox vaults. AGENCY shall provide CONTRACTOR two sets of GFI magnetic keys that open the cashbox door and the top door. This model Cents-a"Bill fare box is not equipped with the probe download function. Driver takes farebox readings at the beginning of his/her shift and at the end of the shift and places the readings on a driver trip record that is submitted at the end of his/her shift. AGENCY shall also provide CONTRACTOR with spare farebox parts and test equipment, as listed in ATTACHMENT #2. CONTRACTOR shall dedicate one area to farebox maintenance including one GFI bench test set, benches, cabinets, and the spare parts listed in ATTACHMENT #2. 1.2 EQUIPMENT SUPPLIED BY CONTRACTOR CONTRACTOR shall procure and pay for all moneybags, bag ties, deposit slips and other day- to-day supplies used for revenue gathering, depositing, and reporting. AGENCY will provide revenue-counting equipment, including coin counters. CONTRACTOR shall be responsible for maintenance and operations of all revenue counting equipment. 1.3 MAINTENANCE CONTRACTOR is required to conduct a preventative maintenance program for the GFI fareboxes and any revenue collection or counting systems. CONTRACTOR shall have, at a minimum, at least one half time (0.5 FTE) equivalent B mechanic committed to service and perform maintenance on fareboxes. CONTRACTOR shall be required to have at least one maintenance staff to attend the one-week farebox maintenance training course provided by General Farebox, Inc. in the Illinois area. It is the AGENCY understanding that the course is provided at no cost (as of July 2001). CONTRACTOR shall be responsible for any future course or training registration costs, and all transportation and per diem expenses related to such training. At all times, CONTRACTOR must have on staff at least one mechanic who has the GFI training course certification. This requirement shall be met by August 1, 2002. 2. FARE COLLECTION AND RECONCILIATION All cash, token, and ticket fares shall be counted daily. Cash vaults from the day shall be removed each night from every bus and placed in a secure area. An empty cash vault shall then be placed in the bus at the same time as the full vaults are removed. All cash fares shall be counted each morning. Cash shall be counted for each vault and compiled for each bus and each route. An exception report shall be developed daily to compare actual counts with GFI farebox readings. Every day, buses that have counts differing by more than one percent shall be noted and maintenance department notified for servicing and calibration of farebox. 40 /1- 103 All fareboxes shall be independently emptied, counted, and reconciled daily by CONTRACTOR. It is expected that money shall be transported at least six days per week to the bank in a secured manner (armored car or similar mode). Armored car service shall be provided Monday through Saturday with no service on Sunday. Any revenue retained from Saturday night to Sunday night must be placed in a secure compartment within the offices. All fare and revenue control is the responsibility of the CONTRACTOR. A video surveillance system will be installed within the counting room. CONTRACTOR must show fares deposited for each day and have a deposit slip to support the recording. CONTRACTOR must establish a separate bank account, or sub account (specified by AGENCY), for this agreement and make deposits only to this account. CONTRACTOR shall provide a Fare Collection and Revenue Control Plan to AGENCY by May 1, 2002 detailing the full procedures to manage, control, and account for all fare revenues. AGENCY will provide a review of the Plan within 30 days of receipt of Plan at AGENCY. AGENCY reserves the right to request enhanced procedures or greater controls to insure that fare revenues are adequately accounted for, controlled and safeguarded. AGENCY reserves the right to monitor the counting procedures, farebox vault exchanges, or any other processes with AGENCY staff or third-party contracted monitoring staff. Farebox reconciliation and revenue reports shall be provided weekly to AGENCY by the Thursday of the following week. Reports shall show all fare categories by route and by day of the preceding seven days Sunday through Saturday. Actual cash fare revenue shall be within one percent of estimated cash fare revenue on a monthly basis. CONTRACTOR shall provide . AGENCY with a written explanation for any such monthly difference that exceeds one percent. Revenue collected by fare boxes consists of coins, bills, and MTS tokens. AGENCY will supply revenue sorting equipment to sort coins. Oftentimes, tokens, slugs, and foreign coins are hand removed from the sorting trays prior to separation. CONTRACTOR is responsible for retaining all MTS tokens during the month and submitting them in a secure bag at the end of each month by the eighth day following the end of the month to AGENCY. CONTRACTOR is responsible for insuring that all tokens are secured during the month in a safe manner. 3. FUTURE FARE COLLECTION The Metropolitan Transit Development Board and the North San Diego County'Transit Development Board are working cooperatively on a project to overhaul the fare collection hardware on the regions transit vehicles, including all local operators such as CVT. This will incorporate more advanced technology, and may include 'smart cards' with an embedded memory chip. CONTRACTOR shall work cooperatively with AGi=NCY in the planning, implementation, maintenance, and operation of such advanced fare collection system. This may require CONTRACTOR to retain an additional employee or employees for the purpose of managing and maintaining new fare collection systems and procedures. There may also be additional training required for existing employees. Any additional staffing or training requested by AGi=NCY shall be reimbursed by AGENCY. The current deployment schedule for the advanced fare technology project anticipates full implementation on the services covered in this contract by 2005. This is an estimate and AGENCY reserves the right to change implementation dates. 41 II' jOt! ATTACHMENT #7 MAXWELL MAINTENANCE FACILITY The AGENCY shall provide an operations, maintenance, and storage facility (the "Maxwell Maintenance Facility", hereinafter referred to as the "MMF") located at 1800 Maxwell Road, Chula Vista, California 91911. The MMF currently consists of 25.0 acres with approximately 58,295 square foot shared maintenance/operations building. MMF was purchased in September 1998 by the City of Chula Vista. The facility has been fully upgraded with maintenance bays, steam clean area, wash facilities, parts storage, offices, dispatch/radio room, fare counting and revenue control room, underground diesel fuel tank and dispensing system, CNG fuel station and dispensers, wastewater clarifiers, drainage system, gas detection system within the maintenance shops, fire sprinkler system, standby diesel generator, state of the art lighting and electrical system, lot lighting, new air conditioning within the offices (2001), ventilation systems within the maintenance shops linked to the gas detection system, and an upgraded roof. An environmental study was completed for the MMF original 25.0 acre facility at 1800 Maxwell Road and all environmental issues have been. mitigated. AGENCY owns equipment located at the facility to be provided for use by the CONTRACTOR and is listed at the end of this ATTACHMENT 2. It is anticipated that all vehicles to be operated for CVT Services fixed route bus operations under this agreement shall be serviced, maintained and operated from the MMF. The MMF will be shared by AGENCY-provided buses, CONTRACTOR support (non-revenue) vehicles, employee parking, and Chula Vista Department of Public Works vehicles and equipment. At the beginning of this contract, it is expected that AGENCY shall supply 37 heavy-duty transit buses. Six additional buses will be ordered in 2002 for a tentative delivery in 2003. It is possible that additional vehicles may be added at some future time to be determined. CNG Fuel Station AGENCY will be fully responsible for all maintenance, capital improvements, and operations of the CNG fuel station, with the exception of routing fueling activities. CONTRACTOR shall be responsible for utilizing the CNG fuel stations only for fueling CNG powered buses. Training will be provided by the station maintenance provider to CONTRACTOR. Occupancy AGENCY has scheduled full MMF occupancy and revenue service to begin July 1, 2002 for the CONTRACTOR. A transition plan will be more formally developed following the contract award. Space will be made available for CONTRACTOR as temporary transition facilities for start-up activities, however it is not guaranteed. The following terms and conditions shall apply to the operation and occupancy of the facility provided by the AGENCY to the CONTRACTOR: 1. PREMISES 1.1 The MMF may be used, during the term of this agreement, by CONTRACTOR solely for the purpose of vehicle maintenance, offices, and vehicle storage facility 42 / J -I D5 1.2 1.3 1.4 1.5 1.6 1.7 expressly for AGENCY'S contracted transit services. CONTRACTOR shall make no other use of the MMF absent the written consent of AGi=NCY. CONTRACTOR shall not allow any unauthorized person(s) onto the MMF grounds at any time. An unauthorized person is anyone who is not an employee of the AGENCY or CONTRACTOR and who has not been previously approved for facility access. This included friends and relatives of CONTRACTOR employees, or anyone wishing to visit or talk with CONTRACTOR employees. Liquidated damages at the rate of $1,000 per incident will apply to all cases where unauthorized person(s) are found inside the gates of the MMF without prior AGENCY approval. Any guest(s) or person(s) wishing to contact or visit any CONTRACTOR employee must first check in at the front Chula Vista Public Works Administration Counter and request access from the AGENCY. As part of the provision of transit service under this Agreement by CONTRACTOR, AGENCY shall furnish the MMF for CONTRACTOR'S use during the term of this agreement. AGENCY has and will continue to make improvements to the MMF over the term of this agreement Although AGENCY has not finalized long-term plans for the site, the following facility and site improvements may be considered: Upgrade of select buildings on acquired parcels adjacent to the existing site to include architectural, structural, electrical and mechanical upgrades. Conduct site improvements on acquired adjacent sites for bus parking Expanding Compressed Natural Gas fueling station and dispenser AGENCY shall work with CONTRACTOR to insure that anyon-site construction will be conducted with as little disruption to transit operations as possible. CONTRACTOR agrees to cooperate with AGENCY in accomplishing on-site construction projects. . AGENCY shall be responsible for all payments regarding future improvements. AGENCY shall indemnify and hold harmless CONTRACTOR from and against any and all obligations, including damages to persons and property, occurring as a result of construction of other improvements to the facilities undertaken by or in behalf of AGENCY, except for those obligations, including damages resulting from the negligence or misconduct of CONTRACTOR, its officers, employees, or agents. CONTRACTOR shall not permit the MMF to be improved, developed, used, or occupied in any manner that would violate local, state, or federal law. CONTRACTOR shall notify AGENCY of all materials, substances, and wastes generated and/or maintained at MMF. Furthermore, CONTRACTOR shall not maintain, commit, or permit the maintenance or commission of any illegal (whether accidental or intentional) nuisance, storage, handling, treatment, transportation, spillage, leakage, dumping, discharge, or disposal of hazardous or toxic substances, materials, or wastes regulated under local, state, or federal law. 43 /I' IO~ 1.8 1.9 2. CONTRACTOR shall not create or permit any condition that could be alleged to create a nuisance, public, private, or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous, or dangerous condition. AGENCY will be responsible for any tenant improvements requiring construction. If CONTRACTOR desires certain tenant improvements for its own purposes, CONTRACTOR may make such improvements at its own expense upon approval of AGENCY. Any such improvements will become the property of AGENCY at the conclusion of the contract. CONTRACTOR will only be contractually responsible for the maintenance items listed in this Attachment 7. RESPONSIBILITIES 2.1 AGENCY facility responsibilities are as follows: 2.1.1 Conduct environmental studies as necessary. 2.1.2 Conduct property appraisals, negotiations and all legal requirements related to property acquisition. 2.1.3 Establish a detailed list of required improvements to be conducted by CONTRACTOR. 2.1.4 Establish long-term facility plan including engineering and construction management of long-term improvements. 2.1.5 Review and approve any improvements to be performed by CONTRACTOR. 2.1.6 Pay all property taxes required. 2.1.7 Pay for the annual Storm Water Pollution Prevention Plan fees. 2.1.8 Pay all facility utility bills including water, sewer, electricity, and gas. 2.1.9 Pay expenses that exceed the amount specified per year in section 2.3.2 for repairs and/or maintenance costs associated with maintaining the facility in as good as condition received. 2.1.10 Provide CONTRACTOR new heavy-duty bus lifts on July 1, 2002. 2.1.11 Conduct capital projects at the MMF with coordination with CONTRACTOR to upgrade facilities. 2.1.12 The gas detection system's major components, outside of routine replacement items, will be paid for by AGENCY as a pass-through expense. Any replacement of parts related to the diesel tank monitoring system shall also be the responsibility of AGENCY. 44 1/" 107 2.2 2.1.13 Provide a building video surveillance system covering several areas of the lot, fare counting room, maintenance shops, and key critical areas of the site. CONTRACTOR facility responsibilities are as follows: 2.2.1 Provide the required facility insurance. 2.2.2 Provide and pay for a phone and paging system and pay for all phone services. 2.2.5 Arrange for and pay for a refuse disposal service (as necessary). 2.2.6 Cooperate with AGENCY to arrange for and pay for proper and regular cleanout of waste clarifiers and proper disposal of waste from clarifiers. Ensure all hazardous waste generated by CONTRACTOR is disposed of by subcontractor in accordance with all County of San Diego regulations at the sole cost of CONTRACTOR. Arrange and pay for proper disposal of any waste oils generated by CONTRACTOR. Cooperate with AGENCY to file a Hazard Materials Business Plan with County of San Diego Environmental Health Department and update plan as required by County regulations. 2.2.7 Maintain and provide preventative maintenance services (PMI) for all facilities including buildings; safety equipment; fire sprinkler system; fire extinguishers, CNG gas detection monitoring system, wash area recycle and water distribution equipment, and bus wash facility. 2.2.8 Cooperate with AGENCY to arrange janitorial service for the facilities used by CONTRACTOR and shared with City of Chula Vista Public Works Department. 2.2.10 Regularly sweep paved surfaces and steam clean CONTRACTOR used areas that require ongoing cleaning, such as maintenance bays, and bus parking areas. If AGENCY determines these areas are unsafe due to lack of sweeping/steam cleaning, AGENCY may require CONTRACTOR to increase sweeping/steam cleaning efforts at any time. 2.2.11 Pay for any fire safety and CNG gas detection monitoring system testing. Maintain building gas detection system including testing and routine replacement of any system components. Perform regular building gas detection calibration every three months. The gas detection system's major components, outside of routine replacement items, will be paid for by AGENCY as a pass-through expense. 2.2.12 Cooperate with AGENCY to implement Storm Water Pollution Prevention Plan. CONTRACTOR is responsible for testing and cooperating with AGENCY to prepare reports, but AGENCY is responsible for annual report submittal to State of California. CONTRACTOR is responsible for any fines directly related to any failure by CONTRACTOR to adequately test or cooperate with AGENCY to prepare reports. 45 /I-/o<t 2.3 2.2.13 Maintenance and service of maintenance bay building doors by a qualified door service company. 2.2.14 Provide routine pest control service by a qualified and licensed service subcontractor for CONTRACTOR used buildings, offices, and work areas. 2.2.15 CONTRACTOR shall be responsible for any costs for loss or damage of security 10 cards or damage to the facility security system caused by CONTRACTOR. CONTRACTOR's Construction or Repairs 2.3.1 Improvements CONTRACTOR may not demolish, remove, replace, relocate any existing improvements or make new improvements without the prior written consent of AGENCY, provided CONTRACTOR is not then in default under any condition or provision of this agreement. All improvements shall be constructed, and all work performed on MMF, shall be in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local government agencies. Any permanent improvements made to MMF property or buildings shall remain as AGENCY's improvements and shall not be removed upon completion of this agreement. All equipment purchased for the maintenance shop will be considered to be paid for by AGENCY through CONTRACTOR's rates. This equipment must be used exclusively for the maintenance of equipment used in the performance of this Agreement All shop equipment (installed and freestandinQ), tools, and hardware purchased or otherwise provided for the fulfillment of this Aqreement shall become the property of AGENCY. 2.3.2 Repairs, Restoration, and Maintenance At all times during the term of this agreement, CONTRACTOR shall, at CONTRACTOR's sole cost and expense, keep and maintain all improvements on the Premises in as good a condition as received, normal wear excepted. AGENCY, at AGENCY's expense, shall be responsible for capital replacement costs of roof, structural elements, utility lines servicing the premises, water heater, and heating and air conditioning units. However, AGi=NCY has no obligation to make any capital replacement improvements. CONTRACTOR shall be responsible for repairs and/or maintenance costs associated with maintaining the facility in as good as condition received, including, but not limited to, lighting, CNG gas detection system (see Section 2.1.12), wash area recycle and water distribution equipment etc., provided that CONTRACTOR shall be responsible for maintenance and repair costs (excluding Items A through E below) only up to the following aggregate amounts beginning July 1, 2002: 46 II-IDe¡ E. July 1, 2002 - June 30, 2003 July 1, 2003 - June 30, 2004 July 1, 2004 - June 30, 2005 July 1, 2005 - June 30, 2006 July 1, 2006 - June 30, 2007 $6,000 $6,000 $8,000 $8,000 $10,000 CONTRACTOR shall perform all preventative maintenance and regular servicing work described below in order for the licensed facility to be a clean, sanitary, and safe environment. (Items A through E are not to be included in the above repair budget.) A. Janitorial services for restroom and cleanup of administrative offices. Minimum five days per week service by private subcontract or maintenance staff (not included in the required bus maintenance staff). Restrooms must be cleaned and serviced at least two times per day. Floors shall be waxed monthly. For those areas that are shared or common with the City's Public Works Division, janitorial services may be shared or otherwise agreed upon between the two entities. B. Lot clean up and sweeping. CONTRACTOR shall employ a sweeping service to regularly (at least twice per month) sweep the entire bus parking lot, surface areas, and driveways free of dirt, debris, and trash. CONTRACTOR shall daily patrol the bus parking lots and pick-up trash and any oils from surfaces. Oil absorbent materials shall be used to pick- up spilt oil or dripped oil from buses. C. Maintenance shops shall be cleaned on a daily basis, including floors, wash and steam clean areas, work areas, and storerooms. Windows in shop and administrative areas shall be cleaned on a routine basis and at least quarterly. Proper housekeeping practices will be performed by maintenance staff to insure oils and liquids on floors are cleaned up regularly. CONTRACTOR shall utilize a floor scrubbing machine regularly in the maintenance shops (Tennant 5700XP or equivalent). Other areas may need periodic steam cleaning. D. Site fencing and gates shall be maintained by AGENCY at all times, but CONTRACTOR is responsible for any damage caused by CONTRACTOR. AGENCY shall be responsible for any damages as a result of AGENCY construction projects. CONTRACTOR shall be responsible for any chemical oil or fuel spills on the property and in the shop areas. Any chemical oil or fuel spills shall be cleaned immediately. Appropriate material shall be used for cleanup and proper disposal procedures shall be followed. CONTRACTOR shall follow all legal and regulatory processes for the cleanup and disposal of any hazardous materials. This includes, but is not limited to, ensuring worker safety, preventing storm drain, soil, and groundwater contamination, minimizing air pollutant emissions, and using appropriately marked disposal receptacles for hazardous waste and used cleanup supplies. CONTRACTOR shall also have a written hazardous materials safety and clean-up plan, di~tributed to employees. 47 II-liD 3. GENERAL TERMS 3.1 Compliance. If CONTRACTOR fails to comply with the obligations assumed by CONTRACTOR herein and CONTRACTOR does not correct such noncompliance within three (3) days of written notice, AGENCY may take whatever action is necessary. CONTRACTOR shall reimburse AGENCY for all costs (including, but not limited to, consulting, engineering, clean-up, containment, disposal, and legal costs) incurred by AGENCY as a result of CONTRACTOR's failure to comply with the foregoing obligations assumed by CONTRACTOR and also such costs as maybe incurred by AGENCY in abating or protecting against Harmful Conditions and/or a violation of Standards. 3.2 Representations. AGENCY makes no warranties or representations of any kind concerning the use, suitability, or fitness of the Premises or of available land use of the Premises. 3.3 Safety Training CONTRACTOR shall provide general, fire safety, CNG gas detection training to all personnel that have access or use of the site. AGENCY will assist in providing materials related to the CNG building gas detection system. 3.4 Relocation CONTRACTOR agrees to waive any claims against AGENCY for relocation benefits pursuant to federal, state, or local laws. 3.5 Mechanics' Liens. CONTRACTOR agrees to keep said Premises free and clear of liens for labor, services, materials, supplies, or equipment performed on or furnished to said Premises. 3.6 Facility Access CONTRACTOR shall allow AGENCY or AGENCY's designated agents to enter, inspect, repair, or for any other reason, visit this property and facility at any time. AGENCY agrees to do so in a manner that is not disruptive or intrusive, and does not violate any legal rights of privacy held by CONTRACTOR or its employees. 3.7 Facility Preventative Maintenance Plan/Utility Expenses The following chart shows specific preventative maintenance items required for the MMF, each item's frequency, and the party financially responsible. This list is not comprehertsive, and CONTRACTOR is also required to complete all other facility maintenance as outlined elsewhere in this Agreement. 48 11-11/ Maxwell Maintenance Facility 1800 Maxwell Road, Chula Vista, CA 91910 Facility Preventative Maintenance Plan PROJECT REPEAT EVERY TASK RESPONSIBILITY Waste Oil Tanks 12 Months Inspect and empty as needed AGi=NCY Waste Oil Monitoring System 12 Months Inspect/Service AGENCY Clarifiers 12 Months Inspect AGi=NCY Clarifiers 12 Months Service & Disposal AGi=NCY Diesel Tanks 12 Months Inspect/Service AGENCY Diesel Fuel Pump 6 Months Inspect/Service AGi=NCY HVAC System / AC Filters 2 Months Inspect/Service AGi=NCY i=mergency Generators 6 Months Inspect/Service (Annual Certification) AGENCY Bus Wash i=quipment 12 Months Inspect/Service CONTRACTOR Bus Maintenance Shop Windows 6 Months Clean CONTRACTOR Fuel System 12 Months Inspect/Service (Annual Certification) AGENCY Fuel System Card Reader Monthly Inspect/Service/Clean AGi=NCY Bus Maintenance Shop Reels 12 Months Inspect/Service CONTRACTOR Bus Maintenance Bay Overhead Doors 12 Months Inspect/Service CONTRACTOR Tree Servicerrrimming 12 Months Se rvicerr ri m/Remove/Rep la ce AGENCY Landscaping Sprinklers/Controls 12 Months Inspect/Service AGi=NCY Painting of Building Exteriors 24-60 Months Major Painting Work AGENCY Painting of Building Interiors (high traffic areas) TBD Touch Up Work in Bus Maint. Areas CONTRACTOR Painting/Striping of Bus Bays TBD Clean/Re-paint/Re-stripe if necessary CONTRACTOR Painting of Steam Clean Area TBD Touch Up or Major Re-paint CONTRACTOR Painting Bollards/Concrete Posts TBD Re-paint with high visibility yellow AGENCY Janitorial - Bus Maintenance Bay Areas Daily Cleaning/Floor Scrubbing/Gen. Upkeep CONTRACTOR Janitorial - Common Areas, Offices, Admin. Etc. 1-3 Days Cleaning/General Upkeep AGENCY Bus Parking Lot Sweeping 2 Weeks Sweep/Clean CONTRACTOR Bus Parking Lot Cleaning (trash removal/spills) Daily Pick up/Clean/Spill Removal CONTRACTOR Bus Parking Lot Cleaning (ongoing upkeep) 2 Weeks Scrub/Clean/Spill & Grime Removal CONTRACTOR Bus Maintenance Bay Roof Fan Filters 3 Months Service CONTRACTOR .þ.. co - - - " Note: The above information is not inclusive, but representative of most relevant service provided. MMF PM PLAN~COOLI.XLS 11-26-01 ATTACHMENT #8 OPERATIONAL DATA TO BE COLLECTm BY CONTRACTOR The separately enclosed forms represent those that shall be used by CONTRACTOR to provide transit system information to AGENCY. These forms may be revised, deleted or new forms may be developed by AGENCY during the term of this Agreement. Required data and reports to be provided by CONTRACTOR to AGENCY include, but are not limited to: Monthly Summary Report . Monthly Passenger Report Monthly Report of Revenue Hours Monthly Report of Revenue Miles . Weekly Revenue and Passenger Reports . Route Spreadsheets . Monthly Cash Deposit Report . Monthly Total Mileage/Fluid Usage Report . Driver List . Bus Cleaning Report . Wheelchair Equipment Use/Pass-up Data . Bicycle Rack Use Data Monthly Vandalism Log . Transit Safety and Security Report . Daily Bus Report (typically kept on file at CONTRACTOR office) Farebox PMI Report Mileage by Route Reports Passenger by Route Reports . Passengers by Fare Type Report Exceptions/Daily Miles and Hours Report . Scheduled Trips Report . Daily Equipment Status Report . Monthly PMI Report . Daily Trip Record (typically kept on file at CONTRACTOR office) Fuel Use/Cost Report . Missed Trip Report 50 1/ ... / /3 ATTACHMENT #9 GLOSSARY OF TERMS Term Definition CONTRACTOR The firm or corporaljon which has been awarded the Chula Vista Transit service contract, including its officers, employees, agents, subcontractors, or anyone acting on behalf or for whom it is legally responsible. Day(s) Refers to Calendar Day(s) as opposed to Working Day(s), unless stated otherwise. Boarding Passengers Total number of passengers boarding a transit vehicle, including passengers paying cash fares upon boarding, passengers showing passes and other pre-paid media, and passengers boardinG with transfers. Complaint Any written or oral complaint received by a transit system relating to transit operations. Expanded Driver Pay till pay hours of drivers, including time worked, overtime, vacation, sick leave, training, Cost etc. Addmonally, overtime hours are expanded by muWplying the overtime hours by the overtime rate factor (usually 1.5). Fare Revenue Total cash and proceeds from ticket and pass sales paid by passengers. Full-Time Equivalent The number of employees employed in connection with the transportation system, based Employees (FTE's) on the assumption that one employee is paid for 2.000 hours of work per year. To calculate the number of FTE employees per quarter, the Total Employee Hours worked should be divided by 500. . Maintenance Includes all employees engaged in the maintenance and repair of vehicles, buildings, Personnel (FTE) grounds, and equipment. This number is to be expressed in terms of full-time equivalent (FTE) employees, based on the total hours worked by maintenance employees during the period (to be calculated in the same manner described for full-time equivalent employees). Managerial, Includes managers, assistants. supervisors, trainers, clerical, and other support Supervisory, and personnel. This number is to be expressed in terms of full-time equivalent (FTE) Support Personnel employees, based on the total hours worked by adminlstraljve, supervisory, and support (FTE) personnel during the period (to be calculated In the same manner described for full-ljme equivalent employees). Personal Injury Accidents In which one or more persons receive personal Injury, but no property damage Accidents results. Revenue (Vehicle) Total number of hours that each transit vehicle is in revenue service. including layover Service Hours time. Excludes hours consumed while traveling to and from storage facilities and other deadhead travel. Revenue Service Miles and hours recorded between the first bus stop and the last bus stop served by the vehicle on its schedule. Road Call, A mechanical road call should include any situation in which a revenue vehicle, while in Mechanical service, requires attention from someone other than the revenue vehicle operator in order to restore the vehicle to an operating condition. A mechanical road call does not necessarily have to result in a loss in revenue service. Repairs couid be made in the field without having to take the vehicle out of service or return it to the maintenance facility. 51 II'/Ii ATTACHMENT #9 GLOSSARY OF TERMS Term Definition Road Call, Non- A non-mechanical road call should include any situation in which a revenue vehicle, while Mechanical in service, requires attention from someone other than the revenue vehicle operator In order to restore the farebox or the cleanliness of the vehicle. A non-mechanical road call does not result in a loss in revenue service. These actions or repairs are made in the field with only a minor delay (if anv) to the vehicle. MMF Maxwell Maintenance Facility - 1800 Maxwell Road, Chula Vista, CA 91911 Total Employee Total employee hours include hours worked by drivers, dispatchers, and maintenance Hours personnel, clerical, administrative, supervisory, and managerial personnel and hours worked by any contract service employees (e.g., bus cleaners). If the actual number of hours worked by contract service workers cannot be determined, total employee hours contributed by the contract service can be estimated by dividing the amount charged by the CONTRACTOR over the period by a constant which represents the average hourly rate for Its employees. Total Service Hours The total number of hours a vehicle is operated, including hours consumed while traveling to and from storage facilities and during other deadhead travel. Revenue (Vehicle) Total number of miles traveled by each transit vehicle while In revenue service. Excludes Service Miles miles traveled to and from storage facilities and other deadhead travel. Total Service Miles The total number of miles that each vehicle is operated, including miles traveled to and from storage facilities and other deadhead travel. Total Vehicle Miles The total number of miles that each vehicle is operated, including miles traveled to and from storage facilities and other deadhead travel, miles operated in training, and miles operated during maintenance. Transfers Total number of passengers boarding a transit vehicle with any form of a transfer, including free transfers and transfer upgrades. Vehicle Operators The total number of employees operating revenue vehicles, including both full-time and (FTE) part-time employees. This number Is to be expressed in terms of full-time equivalent (FTE) employees, based on the total hours worked by vehicle operators (to be calculated in the same manner described for full-time equivalent employees). 52 /I ,//5 MTDB Metropolitan l1'ansit Development Board 4Þ/ Subject: PURPOSE: Policies and Procedures No. 32 Board Approval: 9/13/01 PROVIDING TRANSIT SERVICES To establish a process for competitive award of transit services. BACKGROUND: Public Utilities Code Section 120265 et. seq., requires that the Board provide a system of regional transit services for its area of jurisdiction to be funded from the regional transit service fund established by the Board. It also stipulates that the Board may provide the regional transit services by the following means: . Directly providing the services. By contract with San Diego Transit Corporation (SDTC). By contract with any other provider of services as it deems appropriate. This Code section also states that the Board may provide the regional transit services upon the terms and conditions that the Board finds in its best interests. This policy relates to any publicly subsidized transit service that may be considered for competitive award by MTDB, and sets forth minimum policy requirements for contractor compliance. POLICY: 32.1 32.2 Contractina Authority. MTDB will endeavor to provide high quality public transit service in the most cost-effective manner possible. To achieve this end, MTDB will retain complete authority to contract out particular transit services to any experienced public or private operator judged best able to provide the most cost- effective service. Competitive Award Service Guidelines. Constructive competition for provision of services will be encouraged. An annual review of existing SDTC services for potential competitive award will be included in the MTDB short-range plan development process. The following list provides a guideline as to what services are potentially most suitable for competitive award: New routes added to the existing Metropolitan Transit System and new special services. Mombor Ag",cia" Clly 01 Chula Vista. City 01 Coronado. Cily 01 EI CdJon. City oj Impa"al aa."'. Cily 01 La Ma... City 01 lamon (Jr..... CIIY 01 Nalronal Clly, CilY 01 Pow.y. City 01 San DIego. Cily 01 San".. County 01 San Ol.go. S.." 01 Call1o,",'' Malrop~I"'n Tran.it Oa'alo~enl Bon.d " Coordl""'or nllha Malropo"an T..n.11 System ane/lha ~ T"~ab Adm,nj"mlion Sub,idiary Corpomtlon" ~san Diego Transit Co"",ralion, ~ San Diogo Trolley, In<:.. and [jJSan Diogo' Arl,ona Eo,...n Railway Compo"y / / - J / ¿, For pmvnallrip pl,mning or rOUlo ,olorm."oo. call1.BOO-COMMUTE or V"" our .00 """' sd~ommulacom' 32.3 32.4 32.5 Existing routes or services operating by contract with MTDB that were competitively awarded. Evening or weekend service that is an extension of an existing route but does not mix with existing service. Major restructuring of existing routes to the extent that it can be accomplished without causing major employee layoffs. In the event of major state or federal funding cutbacks, employee layoffs may be required as part of a restructuring of routes and services. A committee shall be established as part of the annual review. The purpose of the committee shall be to identify the service to be considered for competitive bidding, and to determine how the routes and services shall be packaged for bidding. The committee shall consist of the following representatives: MTDB Director of Multimodal Operations . San Diego Transit Vice President of Operations . Private Sector representative Representative from a local transit labor unit . Representative from the private sector (e.g., Chamber of Commerce). A recommendation of routes and services for competitive award shall be made to the MTDB General Manager. Final selection of the routes and services to be competitively bid will be the responsibility of the MTDB General Manager. The routes and services to be competitively bid shall be included in the Short-Range Transit Plan (SRTP). Once the SRTP is adopted by the MTD Board, the Request for Proposals and price bids shall be distributed for those routes and services. When possible, the implementation of service improvements to be operated by SDTC, and routes and services to be operated by a private contractor, shall be coordinated so as to avoid or minimize employee layoffs. Determination of Award of Transit Services. A bidding process shall be used to acquire information regarding cost of the routes and services for determining award of transit sE¡rvices. The cost information will be evaluated and a recommendation will be made by the General Manager to the Board. The Board may elect to award a contract for routes and services directly to SDTC or a private contractor. Directlv Providina the Services. Should the Board elect to directly provide the routes and services, it shall develop and adopt a separate set of operation policies and procedures relating to the administration, financing, planning and operation of the transit services. Directlv Contractina with SDTC. Should the Board elect to contract for routes and services with SDTC. it will adhere to the MTDB's policies for operating corporations. 11-111 -2- 32.6 ComDetitive Award Process. The competitive award process will utilize a two- step evaluation sequence. The Request for Proposal (RFP) to potential public and private sector bidders will request separate proposal and bid packages. Step 1 will involve judging the proposal and eliminating nonresponsive bidders in accordance with Policy Section 32.6d. Step 2 will involve opening the bid packages of responsive bidders. The award process shall include the following events: a. Issuance of the RFP. MTDB will issue an RFP which delineates the services to be provided, the terms of the contract, any evaluation criteria, contract performance specifications, and the selection process to be used in determining the successful contractor for services. The RFP will also request a separately bound price package be transmitted with the proposal. In addition, the MTDB will provide public notice and advertisement of the RFP in a newspaper of general circulation at least 21 calendar days prior to the deadline for receipt of proposals. RFPs shall also be sent to a list of prospective bidders. PreDroDosal Conference. MTDB will hold a preproposal conference for prospective proposers at least 15 days prior to the deadline for receipt of proposals. The purpose of the preproposal conference is to fully describe the services to be contracted out and to answer any questions from prospective proposers and provide any additional information pertinent to the RFP. b. c. ReceiDt of Qualifications. Proposers shall be required to submit a proposal containing all information necessary to judge their qualifications and experience to perform the work as outlined in the RFP. Any public operator shall comply with provisions of Policy Section 32.7. d. Evaluation of ProDosals. All proposals will be reviewed by the MTDB General Manager, with assistance from an evaluation panel, in accordance with the criteria specified in the RFP such as: . experience of firm and references . financial stability disadvantaged and women business enterprise status . . management plan, including key personnel to be assigned ability to furnish vehicles in suitable quantity and condition, and in conformance with service specifications California Highway Patrol Safety reports or similar independent maintenance and/or safety reports e. Evaluation of Price Bids. Only the price packages of responsive bidders will be opened by the General Manager. All other price packages will be retumed unopened to the original bidders. Price bids shall be submitted in a format prescribed by MTDB. The price bid format shall include a procedure for public operators that is consistent with Section 32.7 whereby a cost allocation plan is disclosed. Furthermore, this format -3- /I-/l~ 32.8 shall be consistent with the State of California Transportation Development Act legal raquirements for reporting and detailed in the expense object classes. The detailed pricing sheets of the price bids of responsive bidders will be examined by MTDB for responsiveness. All line item prices shall be reasonable (competent and otherwise able to perform under any resultin!} contract) for a bid to be considered responsive. f. 32.7 Recommendations to Board. Following the review of price bids, the General Manager will recommend award or rejection based upon the bids received. MTDB reserves the right to reject all bids, readvertise the project, and restructure the project in part or whole. Statement of Compliance with Cost Allocation Procedures for ODerators a. A proposal submitted by a public transit operator shall contain a statement of compliance regarding cost allocation procedures. The statement of compliance must be certified by the public transit operator's goveming board and legal counsel. The statement of compliance shall include (a copy of) the cost allocation plan used to develop the bid price(s) for the proposed transit services. The cost allocation plan shall allocate all costs that the public operator will incur in operating the service, including overhead and support services. The basis for allocating all costs, including overhead and support costs, shall be shown. MTDB shall review the statement of compliance submitted by the public operator for its completeness, accuracy, and reasonableness. Based upon review of the statements, MTDB may take one or more of the following actions: b. 1. 2. Accept the statement of compliance. Request additional supporting documentation from the public operator needed to verify the amounts presented in the statement. 3. Reject the statement of compliance and disqualify proposer as nonresponsive to the RFP due to inaccuracy, incompleteness, or unreasonableness. c. MTDB may require a review of the cost allocation and the resulting bid to assess the compliance with the requirements in Section 32.7 a. or to review pricing proposals from public or private contractors to ensure the price proposals are responsive. MTDB's review of the statement of compliance will be performed following the opening of sealed price bids. d. Cost ComDarison Analysis. Pursuant to the provisions of California Public Utilities Code Section 99250.5, a private transportation service provider may request a cost comparison analysis at a publicly noticed meeting of the Board before the Board acts on a bus route restructuring or service addition. The Board may agree to perform a cost comparison analysis on the condition that the private transportation service provider requesting the analysis agrees to /I-/lC) -4- pay the actual cost of conducting the analysis. The private transportation service provider shall supply any information necessary and relevant to complete the analysis. The results of the analysis shall be reported to the MTD Board at a publicly noticed meeting. The Board is not required to perform the requested cost comparison analysis. However, if the Board decides not to perform the analysis, it shall specify the reasons for that decision in a resolution adopted at a publicly noticed meeting. For purposes of this section, "cost comparison analysis" means a study of the route restructuring or service addition under consideration that compares the cost to the operator of directly providing those services to the cost of procuring those service from private entities. The study shall utilize a full cost allocation method that is consistent with generally accepted cOst allocation principles. "Route restructuring" means a permanent change in routing that changes the total number of daily revenue miles or hours by 25 percent or more. "Service addition" means an increase in the total number of daily revenue miles or hours on an existing route by 50 percent or more. 32.9 Statement of ComDlIance for Charitable. NonDrofit Oraanizations b. a. To ensure that nonprofit, charitable organizations bidding on MTDB transit service contracts are in compliance with the requirements set forth by the MTD Board of Directors, a proposal submitted by such an organization shall include documentation to show that all financing and costs associated with the proposal and bid are financially independent of the organization's charitable activities. Such documentation must be attached to the bidder's technical proposal. The nonprofit, charitable organization shall provide a certification from its goveming board certifying that any bid for the services proposed shall be priced in a manner to be totally independent and without subsidy from the organization's charitable functions and revenues. MTDB shall review the certification provided by the organization's goveming board for Its completeness, reasonableness, and compliance with the intentions of Part 'a' of this section. Based upon review of the statements, MTDB may take one or more of the following actions: 1. Accept the Statement of Compliance for charitable, nonprofit organizations. 2. Request additional supporting documentation from the charitable, nonprofit organization needed to verify the financial independence of the proposal and price bid from the organization's charitable functions and revenues. 3. Reject the Statement of Compliance for charitable, nonprofit organizations and disqualify proposer as nonresponsive to the RFP due to incompleteness, unreasonableness, or noncompliance with the intentions of Part 'a' of this section. II - I ')-0 -5- 32.10 c. d. e. MTDB's review of the Statement of Compliance for charitable, nonprofit organizations will be performed concurrently with the review of the proposals. Settina ResDDnsible Waaes and Benefits. MTDB will include as part of the bid documents a minimum wages and benefits requirement for vehicle drivers operated as a result of a bus, mini-bus, van, or other service contract. The purposes of this requirement are: to retain fully trained, qualified and experienced drivers; to provide a high level of quality transit service to the transit patrons; and to reduce absenteeism and driver turnover. a. Base Wage Level- In advance of the initiation of a bid process, MTDB will conduct an analysis to develop minimum wage level requirements for the term of the contract. A base wage rate, for purposes of the analysis, is established at $8.35 per hour for July 1, 2000, for drivers after a training and probation period. The analysis will identify a cost of living index (based on prior five-year average San Diego Consumer Price Index) for each future year as a starting point for establishing a minimum wage each year of the future contract. All existing MTDB-contracted vehicle driver wage rates and all existing labor agreements of the MTDB- contracted vehicle drivers, entered into after the effective date of this section, will then be reviewed. The initial starting point wage rate based on the five-year average San Diego Consumer Price Index would be adjusted to insure consistency with existing transit service contracts for the remaining years of those contracts. Any years in a new contract that are beyond the termination of an existing contract would be calculated based on the five-year average San Diego Consumer Price Index. Training Wage Level - MTDB shall set a level no less than 90 percent of the base wage level after probation. Training pay shall not exceed 160 hours. If additional training is required beyond 160 hours, the employee shall be paid at the wage level of probation wage after certification. b. Probation Wage After Certification - A driver who is in training and exceeds 160 hours or who has been certified as a driver shall have a minimum wage level set by MTDB of no less than 95 percent of the base wage level for a period not to exceed 90 days after completion of training. The above wage categories shall be established as minimums in the contract bid requirements and are.base driver wage levels excluding benefits and any performance bonuses. These minimum wage categories shall apply to full-time and part-time drivers of contract services. Health Benefits - MTDB shall include in bid documents the requirement for the contractor to offer full-time and part-time vehicle drivers (20 hours or more per week) a family health plan based on a minimum employer contribution. The minimum contribution for the health benefit is established at $1.25 per hour for July 1, 2000. The health benefit plan contribution standard would be indexed based on the prior five-year average San Diego Consumer Price Index for each year of the contract to be awarded. /1-1;:;/ .6. f. The requirements of this section shall not apply to proposers and contractors whose vehicle drivers are subject to a collective bargaining agreement. 32.11 Contract Term. The term of any award (i.e., period of performance), resulting from Section 32.6 above, will generally depend upon the number of vehicles required, and will be subject to termination for breach. It is anticipated that the contract period will not be longer than five years, including any options exercised, nor shorter than two years. Option periods will be allowed, not to exceed the basic term. Shorter terms may be allowed for demonstration services to be implemented. DDarro POLlCY.32 7/18/00 Original Policy approved on 12/19/85. Policy revised on 4/9187. Policy revised on 3/22/90. Policy revised on 2/25/93. Policy revised on 2/22/96. Policy revised on 7/13/00. Policy revised on 9/13/01. 1/,,/9" -7- RESPONSIBLE DRIVER WAGE RATES CONTRACT BUS DRIVER MINIMUM WAGE LEVEL MTDB CONTRACT SERVICES - FIXED-ROUTE CONTRACT I September 17, 2001 I All in dollars Der hour $8.75 CATEGORY Training Wa~ Percentsge change In Bus driver rate Probation Wage After Certified Percenlllge change In Bus driver rate After Probationary Period Percenlllge change In Bus driver rate na $8.75 $9.00 $9.25 12.9% 2.9% 2.8% 2]% $8.75 I $9.00 $9.25 $9.50 $9.75 2.9% 2.8% 2.7% 2.6% $9.00 I $9.25 $9.50 $9.75 $10.00 2.8% 2.7% 2.6% 2.6% Health Benefits Percenlllge cMnge In rate -- , ........ \) ().) Notes: 1. The full description of MTDB responsible wage policy is included in MTDB Policy No. 32 Section 32.10 2. The training wage shall apply for only the first 160 hours of training. Beyond 160 hours the .probation wage after certified. must apply 3. The probation wage after certification shall apply for a period not to exceed 90 days after completion of training. 4. Contractor shall offer to full-time and part-time drivers (20 hours or more per week) a family health plan based on a minimum employer contribution as defined above under health benefits. 5. The requirements of the responsible wage and benefit levels are not applicable to those with a collective bargaining agreement. Contractor must indicate that a collective bargaining agreement has been executed that covers time beyond July 1, 2002. MCSBIDRESPONSIBLEW AGEs.9.9. 12.ehurwl ATTACHMENT #11 /- FORM 4.3: SUMMARY OF PROPOSED POSITIONS ~ ( 5 ~ ï ï ~ !; i' j i I æ ! ill ~ REQUIRED PROPOSED REQUIRED CONTRACT CONTRACT POSITION MINIMUM FTEs. FTEs RESPONSIBL.E MANAGEMENT INDMDUAL 0.1 0.1 ON-SITE (PROJECT) MANAGER 1.0 1.0 ASSISTANT ON-SITE MANAGER (OPERATIONS) 1.0 1.0 ON-SITE FL.EET MAINTENANCE MANAGER 1.0 1.0 SAFElY SUPERVlSORSlDRlVER TRAINERS 1.0 1'.0 ROAD SUPERVISORS 4.0 4.0 DISPATCHERJRADIO COMMUNICATIONS 4.0 4.0 QUALITy ASSURANCE & 0.5 0.5 WARRANTY MANAGER MECHANIC MEVEU FOREMAN 3.5 3.5 MECHANIC B-LEVEL 3.5 3.5 MECHANIC B-I.EVEl (farebox tacl1nlclan) 0.5 0.5 MECHANIC c-L.EVEL 4.0 4.0 SERVlCERSlCLEANERS 6.0 6.0 PARTS TECHNICIAN 0.5 0,5 DRIVERS CONTRAC1OR TO CALCULATE 64.0 OFFICE MANAGER 0.5 0.5 CLERICAIJOTHER OFFICElADMINISTRA T1VE 0.5 0.5 MAINTENANCE CL.ERlCALI 0.5 0.5 ADMINISTRATIVE SUBTOTAL: 96.ít AddlUonal admlnlstrallva positions; If provided by outslda aarvlces, Indicate In technical proposal. HUMAN RESOURCES CONTRACTOR TO CALCULATE lJ.nc. :In corporate support PAYROLL AND ACCOUNTING CONTAACTOR TO CALCULATe inc. in orDorate suDDort RISK, CLAIMS MANAGEMENT CONTRAC1OR TO CALCULATE inc. in "n SUBTOTAL: nla "Based on 1,427,500 annualrevanue mIles. Addilionaistafftng may be required for mileage beyond this baaa ennual mileage. NOTE: PI.a.e refer 10 Technical Quellflcatlon. CrIta~e end Scopa of WOIk for details about poslUons and requirements. "'" [This form shall be completed and Included within Section 4 (In System Management Plan) of Propose~s Technical Proposal.) A.21 1/-/-;J'1 POSIIIOH BUS DRIVERS (""'n'ng) BUS DRIVERS (p"'b..on) BUS DRIVERS (post..-Uon) DISPATCHERSIRADIO COMMUNICATIONS ROAD SUPERVISORS MECHANIC A.tEVEUFOREMAN MECHANIC B-lEVEL MECHANIC c.LEVEL SERVlCERICLEANER A""",2002""'h J""30,2OO2 Joly 1. 2002- ""'30.- ""',_- . ""31,2000 July1.2G03- J...30,- JaIy1.-- Jaoo'" .... 11.50 11. 85 11. 85 12.20 12.2C 12.57 12.57 12.94 12.94 11.50 11.85 11.85 12.20 12.20 12.57 12.57 12.94 12.94 22.90 20.60 23.59 21.22 24.29 21.85 25.02 22.51 25.77 18.50 17.00 19.06 17.50 19'.63 18.03 20.22 118.57 120.82 15.80 14.42 16.27 14.85 16.76 15.30 17.27 15.76 17.78 8.25 8.50 8.50 8.75 8.75 9.01 9.01 9.29 9.29 Does bidder intend to have a Collective Bargaining Agreement in place by July 1, 2002? - - \ .......... ~ lh YESW" NoD MEDICAL BEIIERIS ""**-1 ; ~~ ~ 'Os: :;:!II "Z ~~ ¡¡.;g ¡~ x x x x x x x [This foRn shall be completed and included within Section 6 ("Driver Retention Plan") of proposer"s Technical Proposal.] A-22 x "" 0 ;:tJ ลก: 0> "'- ~() G)::í m"!l » » x' -I zeD -I O<¡>.» (D;o " m 0 ::I: zs.s: m eo m "!l(D Z ::¡ ~ -I enen~ "'Oeo ~ ;0 =2 N ~ ~j" 0'" en » r " 0 ;0 s: x ATTACHMENT #13 TECHNICAL PROPOSAL To be added to contract at time of award. Available Upon Request 63 //-I:J.f2 ATTACHMENT #14 RFP II OS 027 5. 6. CVT FIXED-ROUTE BUS SERVICËS Guidelines for Completion of Price Bid Form, Price Breakdown Form, and Price Bid Signature Form 1. Bidder shall complete a Price Bid Form indicating lump-sum start-up costs, performance bondlsurety costs, operating costs, and the grand bid total. Operating costs: Bidder shall Itemize expenses on the Cost Breakdown Form consistent with the Expense Object Class Definltl°l1s that are attached within the price bid forms. Bidder shall also itemize any capital depreciation/amortization and Interest expense costs separately on the Cost Breakdown Form. 2. 3. On the Price Bid Form, bidder shall specify cost per revenue mile for operating and capital components and the gross Cost amounts for each period and category. Revenue mlleaae rates (all scheduled service) and revenue hour rates (stand-by service only) shall not Increase bv more than 3.0% from one vear to the next. These rates must be In ascendlna order with the lowest rate In the first vear and the hlahest rate In the last vear. Bidder may also bid a mileage rate that Is Identical for one or more years. 4. The bid package requires the CONTRACTOR to provide certain capital Items, Including non-revenue vehicles and some office and shop equipment. Capital costs, within the operating costs, shall be Included In capital depreciation! amortization and any Interest expense related to It. Fuel costs and fuel taxes should not be included in the prlcina form. Any bid that does not adhere to these requirements may be rejected as nonresponsive. All forms must be signed by an authorized representative, including: the Designation of Subcontractors, the Designation of DBE Suppliers and DBE Subcontra.ctors for Work Amounting to 0.5 Percent or Less, Public Contract Code Section 10162 Questionnaire, Statement of Eligibility, Certification of Restrictions on Lobbying, Disclosure of Lobbying Activities, Noncolluslon Affidavit, and i=qual i=mployment Opportunity Certification. All of these forms shall be submitted in the sealed price bid envelope. This bid shall remain valid for ~ days from the deadline date (minimum 120 days). CVT FIXED-ROUTE BUS SERVICES Price Bid Submitted by: PRESIDENT AND CEO Date FEBRUARY 4, 2002 j/-I;;.g CVT Fixed-Route Bus Services PRICE BID FORM SECTION 1: Start-Up Costs (up to maximum $25,000) 1A. Invoiced Year #1 . = $ 25,000.00 SECTION 2: Performance Surety 2A. 7/1/02-6/30/03 . = $ 10,000.00 2B. 7/1/03-6/30/04 . = $ 10,000.00 2C. 7/1/04-6/30/05 . = $ 10,000.00 2D. 7/1/05-6/30/06 . = $ 10,000.00 2E. 7/1/06-6/30/07 . = $ 10,500.00 SUBTOTAL: SECTION 2 = $ 50,500.DO SECTION 3: Price Based onRevenue Mileage Rate(s) All CVT Bus Routes (Routes: 701, 702. 703. 704, 705. 706. 706a. 707. 708, 709. 711, 712) shall be considered LOCAL SERVICE Note: Routes 704 and 709 Incorperate express bips throughout the day - see enclosed Ume1ables. Revenue Annual Mileage Revenue Rate (a) Miles Annual Cost 3A.1 7/1/02-6/30/03 $3.1518 x 1,427,500 = $4,499,194.50 3B.1 7/1/03-6/30/04 $3.2461 x 1,427,500 = $4,633,807.75 3C.1 7/1/04-6/30/05 $3.3432 x 1,500,000 = $5,014,800.00 3D.1 7/1/05-6/30/06 $3.4433 x 1,500,000 = $5,164,950.00 3E.1 7/1/06-6/30/07 $3.5464 x 1,500,000 = $5,319,600.00 SUBTOTAL: SECTION 3 = $24,632,352.25 SECTION 4: Price Based on Revenue Hours (Stand-by Service Only) Revenue Annual Hourly Revenue Rate (a) Hours Annual Cost 4A. 7/1/02-6/30/03 $19.1000 x 3,000 = $57,300.00 4B. 7/1/03-.6/30/04 $19.6700 x 3,000 = $59,010.00 4C. 7/1/04-6/30/05 $20.2600 x 3,000 = $60,780.00 4D. 7/1/05-6/30/06 $20.8600 . x 3,000 = $62,580.00 4E. 7/1/06-6/30/07 $21.4800 x 3,000 = $64,440.00 SUBTOTAL: SECTION 4 = $304,110.00 SUBTOTAL: SECTIONS 3 + 4 = I $24,936,462.25 I (must match total on Price Breakdown Form) TOTAL PRICE: SECTIONS 1 + 2 + 3 + 4 = I $25,011,962.25 r (Basis for Award) (a) Revenue mileage and hourly rates between base years may not vary by more than 3.0%. Greater variation will be Interpreted as submittal of a materially unbalanced bid. If revenue mileage rates vary, the lowest rate must be for the first year and the highest rate for the last year. Any bid that does not adhere to these requirements may be rejected as non- responsive. CVT RFTPPr","gForm,....JCODU 12/1012001 /1-1;).1 _U:'Iet...I.... CVT FIxed Route Bus Service PRICE BREAKDOWN FORM. PROPOSED TOTAL MILEAGE AND HOURLV COSTS (Sections 3 & 4) BIDDER: ATC Vear#1 Vear #2 Vear#3 Vear #4 Year #5 EXPENSE OBJECT CLASS 711/02-6130103 7/1/03-6/30104 7/1/04-6130/05 7/1/05-6130106 7/1/06-6130107 WAGEs/SALARIES. 501.00 Executive Management SalariesIWages (a) 501.01 192,010 197,770 203,710 209,810 218,110 1018' 10 PrlVe.. SalariosIWages 501.02 1,276,484 1,373,766 1,475,696 1.520,300 1.566,211 722 MUltenance SaiarlaslWages (a) 501.03 595,070 612,920 631.310 650,260 669,760 59 0 Dlspatche.. Sal8l1eslWages 501.04 95,660 96,550 101.510 104,550 107,690 507 Road Supervlso.. SalariosIWages 501.05 95,660 96,550 101,510 104,550 107,690 Safaly Sprwrs/DM Trane.. SalaneslWages 501.06 27,040 27,650 26,690 29,550 30,430 143 Cterlcal SalarloslWagas 501.07 29,640 30,530 31.450 32,390 33,360 15 10 O1her SafariasIWages 501.06 0 'Oltle/employeecosts Ino/uded In Mlsc, Lebo/Cost, (Section 502) and MIsc. .. SÐD1ionSO9) FRINGE BENEFrrSIMISC LABOR COSTS 502.00 PayrollTaxea 502.01 214,962 , 226,092 238,562 1119790 Worke'" Compensation Insurance 502.02 201,570 212,970 228,220 Dlsablity Insurance 502.03 ModIcaJ/[)eI1lallnsuranee 502.04 251,110 282.250 310,470 375.870 Holidays, Leave (Sick & VacatIon) 502.05 59,850 75,810 77,880 82.820 Allandanee Bonue.. 502.06 8,000 8,160 8,370 8,780 Safety Program6 and Awa1d6 502.07 8,000 6,180 8,370 6,780 O1her Employee Performenee Bonuses 502.08 o 0 0 0 Driver Penslonl401 KlReUrement Programs 502.09 38.570 37.580 31.560 37,560 O1her Penalonl4O1K1Retirernent Programs 502.10 18.490 18,650 18,820 19.170 Other Fmge BenelltslMlsc Labor Costs 502.11 3,900 4,020 4,140 4,390 Unlarms 502.12 15,240 15.930 16,690 17,920 S~VtCES 503.00 Bus MUltenanee Related S\ics (towIn9. etc.) 503.01 107,910 111,470 118,960 '122,523 128,212 Legal Services Oocal) 503.02 2,400 2,470 2,540 2.620 2,700 Paym/I Servlc...(locaO 503.03 8.000 6,180 8,370 6,560 6,760 Unlarm Provision (It leased) Mdlor Cleaning 503.04 12,000 12,360 12,730 13,110 13,510 All Other Services Oooal) 503.05 21,950 22.610 24,200 24,920 25,660 FoclityServlc.. (Prevenlative MantenMee) 503.06 18= 16,540 19,100 1j[° 2OiE.. Foclity Repairs 503.07 ........-- .. MATERIALS & SUPPLIES 504.00 lubricants Md ODs 504.01 15,040 15,500 18,780 17,260 17,780 Tlree & Tubes 504.02 57,150 58,870 81,820 63,675 85,585 Farebox Mantenance Psrts 504.03 7,520 7,750 8,380 8.630 8.890 Unlorms (It purchased) 504.04 o 0 0 0 o VehIcle MaNonMee Parts 504.05 296,240 ~ 330,840 340.'100 350,230 6 Vehicle Cleanng Supplies 504.06 81,870 38,7~ 88,700 70,780 72.690 7 O1her MaNenonce Materials & Supplies 504.07 37,800 41,890 43,150 44.440 20& O1her Non-maNonanee Materials & Supplies 504.08 14,400 14,830 15,280 15,740 16,220 76 70 UTILITIES 505.00 FoclMles Natural Gas (nen-vehlcle) 505.01 MMF Electricity (non'CNG station) 505.02 MMF CNG Fuel Stallon Electricity 505.03 Water and Sewer 505.04 8 PhonellntemeVE-malVDala Lnes 505.05 ,800 4,9 5.400 26470 ~Iscellaneous UUIRlss 505.06 CASUAL TV & LIABILITY COSTS 506.00 Premiums 508.01 137,020 137,250 137,880 138,130 138,390 688,870 Clam. AdrnÙ1lstratlon 506.02 0 O1her Casualty shd Liability Cests 506.03 10,500 10,820 11.140 11,470 11,820 7&0 TAXES (EXCLUDING FUEL TAXES) 507.00 OB & Lubricant T""". 507.01 0 O1herT""". 507.02 4,800 4.940 5,090 5,250 5,410 26, 9 (JIOI..It.IIJat.e,...,..,..""".. JI-/30 I I - ....,.."......",.im."'U""'8I""""". CVT FIX~D.ROUTE BUS SERVICES I PRICE BREAKDOWN FORM- PROPOSED TOTAlMILEAOE AND HOURLY COSTS (Sections 3 &4) Yoar#1 Yoar#2 Year #3 Year #4 Yoar#5 0 711102-6130/03 7/1103-6130104 7/1/04-6130/05 7/1105-6130106 7/1/06-<130107 7 It 102-6130107 I EXPENSE OBJECT CLASS (CONT) (CONT) (CONT) (CONT) (CONT) FUEL EXPENSES 508.00 CNO Fual- Busas 508.01 CNO TaxssIPormä. 508.02 Diesel Fuol - Busas 508.03 Diesel Fual- Servlca Trucks 508.04 Diesel Taxes 508.05 Gasoline Fuol 508.06 Oasollne Taxes 508.07 MISCELLANEOUS EXPENSES 509.00 Start-Up Training 509.01 31,598 Staff Travel 509.02 ~rooo Non-Revenue VehlclelJconslng 509.03 AIcohoIJDrug T e8lng 509.04 8,550 Employee Physicals 509.05 5.810 EnvIronmontal EJcponsos 509.06 15.040 Other Local EJcpenses 509.07 22,520 CoIporato Legal ServicesiFees 509.08 Corporate Payroll SarvicesiFeos 509.09 Colporate Clame Mat1agement SorvicesiFoos 509.10 Other Corporato Managoment ServicesiFee. 509.11 224,950 231,650 250,700 258.200 265,950 1,231 INTEREST EXPENSE 511.00 74.170 75,900 75.- 378 20 NON-VEHICLE LEASES & RENTALS 512.00 Office Fumfture 512.01 0 Other Office Equi>ment 512.02 Other 512.03 6.000 6,760 0 CAPrrAL DEPRECIATION & AMORTIZATION 513.00 Faclily V""o Survenlance System 513.02 0 CepIlaJ T elophono and Pagng Systems Costs 513.03 o 0 VehlcteLllts 513.041 I Shop SupplleslFluld Hose Roels 513.05 o 0 Tools 513.06 ° 0 Computer Hardware/Softwaro 513.071 I 0 OffJco FumlturelEqui>ment 513.08 Sal'llce Trucks (mninum 011) 513.09 8,000 6,000 Orlllør Rellof Vehicles (mninum of 4) 513.10 12,500 12.500 . 82,600 Supervisor VehIcles (mninum 012) 513.11 6,000 8,000 0 Other Non'Revenue Vehicle. 513.12 Other Equi>ment 513.13 $ 1,600 1,800 1,600 1,600 1,600 8000 MANAGEMENT FEE, PROFrr, AND CONTINGENCY (b) 514.00 202.500 148,500 267,500 263,500 255,000 1,137000 ~ ~ ~ T T ,.. ;rOTAL ANNUAL MILEAGE AND HOURLY COST (e) $4.556,494 $4.892,818 $5,075,580 $5.227.530 $5,384.040 I iJ24,938,462 I $4.556,494 $4,892.818 $5,075.580 $5.227,530 $5,384,040 $24,93&,462 Co, lno'edo Moinlonan.o Mano.... coo"'n IIno "'.01. no'lino 60M3. (0) Amoe"l nolto ox.... ""0' tolalonn'" mlloogo and hoe"v coo, 00" notlnerudoeor,cra.. monogoman'lOrv"'.. (Incledoln SecSon "'). " (0) Exolud" olan.e, 000", bon..". ond ,'rtormano, ..roly ..ols. SIgnature: B III McCloud. Sanlcr Vice PresIdent & COO Dale: January 31. 2002 "'o".Fo~,'.DD"MO Ii - 13/ PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest In the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? .. . YES 0 NofD If the answer Is yes, e¡çplaln the circumstances in the following space. Name of Bidder. ATC/VANCOM Signature of Bidder: 9ær4) Date: FEBRUARY 4, 2002 STATEMENT OF ELIGIBILITY ATC/VANCOM (Name of Bidder) hereby certifies that it 0 is [] is not (Must Check One) included on the U.S. Comptroller General's Consolidated List of Persons or Firms CurrentlyDebarred for Violations of Various Public Contracts. Name of Bidder: ATC/VANCOM 819M"'" of .,,- ~~ Date: FEBRUARY 4, 2002 /1-¡3d-. I I I I I I I I I STATEMENT OF ELIGIBILITY ATC/VANCOM hereby certifies that it (Neme of Bidder) 's IS 0 (circle one) included on the U.S. Comptroller Genera"s Consolidated List of Persons or Firms urrently Debarred for Violations of Various Public Contracts. . Name of Bidder: ATC/VANCOM Signature of Bidder: ~~ Dete: FEBRUARY 4, 2001 PSmith . BF-PCCSQ.DOC 8/10/98 /1-/33 3. CERTIFICATION OF RESTRICTIONS ON lOBBYING The CONTRACTOR hereby certifies that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influ!,ncing or attempting to Influence an officer or employee of any agency, e member of Congress, an officer or employee of Congress, or en employee of a member of Congress In connection with the awarding of any federal contract, the meking 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 Form to Report Lobbying," in accordance with its instructions. .The undersigned shall require that the language of this certification be included in the award . dócuments for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction is 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 a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ExecUted this --1I.t.h.- day of 1<'F.IIRTTARV , XIL2uo.z. Name of Bidder: S;g"""" of Sidd." 'i-;:!lJ £/ (SIõir"H~) ATC/VANCOM Date: FEBRUARY 4. 20Q2 Psmlth SF-LOBBY. DOC 8/10/98 11---/3¥- DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pureuant to 31 V.S.C. 1357 1. Type of Federel Action 2. Stølus of Federel Action 3. Repon Type: 0 e. contrai>! 0 a. bld/off"/appllcatlon 0 a. InKlal filing b. 9,ant b. InJtlalaward b. ",aterial changa c. cooperative agreemen1 c. post-8wsrd d.loen For Meterlel Chengs Only: s. loan guarantee Veer - quener f. loan Insurance dIll of last ,8Dõrt - 4. Name and Address of Rsponlng entity: 5. If RaportlngEntlty in No. 4 Is Subsws'dee. Enter Neme snd 0 Prime [J Subewerdee Address of Prime: Tier -' If known: .' Conorenlonel DIet Ict H !mown: 60 Federel Depertment/Agency: 7. Federel p,ogrem NemelDescriptlon: D CFDA Number H epDliclbJe: B. Federel ActIon Number. ;(known: 9. Awerd Amount. H known: . 100 eo Neme end Addrsss of lobbying Entity b. individuals Performing Services (Including Iddrass if IH individual. "st nome, first nome. M~: dHferent ftDm No. .70e) '"tr"ch Contlnultlon Sheet!sl SF-LLL-A H n""""'"M 11. ,Amount of Peyment {check e" thet epplyl: 13. Type of Payment 'check "" that epp/y : . 0 actual 0 planned 0 e. retainer [J b. one.tlme fee 12. Form of Payment Icheck all therepp/y : 0 c. commission [J e. cash [J d. contingent fee 0 b. In-kind: specify: nature [J e. deferred [J Other; eepolly: value 14. Brief Description of Services Performed or to be Performed end Dete{s' of Service, Including offlcerlel, employeefsl, or Member,s' contacted, for Payment indicated In Item 11: (anech Continuation Sheet!sl SF.LLL-A If necesssry) 16. Continuation Sheetie) SF.LLL-A enschad; [J Ves [J No - 16. Information requested through 1hls form Is euthor.lzed by 1kle 31 U.S.C., Signature: (' j/)yJ Y ..... Section 1352. Thle disclosure of lobbying activities Is a material representation of fact upon which reliance Waa placed by the 11ar above Print Nams: /JAMES Mo ~G when this transaction wes made or entered into. This disclosure Is required pursuant to 31 U.S.C. 1352. Thlslnformstlon wIll be reponed PRESIDENT AND CEO to the Congress semi-annually and.wlll be avalalble for public Inspection. Tltie: Any person who fsllO1o file tha required disclosure shall be subject to a TalePhoneNo.630-571,..703/;\" FEB 4. 2002 civil penalty of not less than '10,000 and not more than '100,000 for each such fellure. Federsl Use Only: Authorized for Local Reproduction Standvd Form. lU PSmlth BF-DISCLO.DOC B/10/9B NON APPLICABLE J/- 136 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Coda Section 7106) In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham bid; and has not, directly or indirectly, colludetl, conspired, connived, or egreed with any bidder or anyone alse to put in a shem bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any. overhead, profit, or cost element of the bid price, or of that of any other bidder; or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Name of Bidder: ATC/VANCOM Signature of Bidder: ?~EREI Date: l'RRRITARV ¿ '002 PSmith BF-AFFIDAVIT.DOC 8/10/98 /1- I 3(¡; EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder and proposed subContractor(s) hereby certifies that he ILl Has 0 Has Not (Must Check One) participated in a previous contract or subcontract subJe.ct to the equal opportunity clause as required by Executive Orders 10925, 11114, .or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Govemment contracting or administering agency, or the former PresidenfsCommlttee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 6G-1.7(b)(1»), and must be submitted by bidders and proposed subcontractors only In connect/on with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1..5. (Generally, only contracts or subcontracts of $10,000 or under are exempt) Currently, Standard Form 100 (EE-1) is the only report required by the Executive Orders or their Implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration, or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Name of Bidder. ATC/VANCOM Signature of Bidder: 9<~~ Date: FEBRUARY 4, 2002 //-/3'7