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HomeMy WebLinkAboutMOBILITY TRANSIT SERVICE TRANSIT MANAGEMET CONTRACTN In I me 10. . I In in N. THIS AGREEMENT ( "Agreement" or "Contract ") is entered into between AUGUSTA, GEORGIA, as a political subdivision of the State of Georgia, with its principal place of business located at 530 Greene Street, Augusta, Georgia by and through the Augusta - Richmond County Commission, (hereinafter referred to as "Augusta, Georgia "), and MOBILITY TRANSIT SERVICES, LLC, a Florida Limited Liability Company qualified to do business in the State of Georgia, with its principal place of business located at 1800 Hickory Glen Road, Knoxville, TN, "hereinafter referred to as "Mobility"). WHEREAS, AUGUSTA, GEORGIA desires to obtain a qualified transit management company for the management and operation of its fixed route, paratransit, and rural transit service; and WHEREAS, MOBILITY TRANSIT SERVICES, LLC desires to provide such management and operational services: NOW, THEREFORE, in consideration of the foregoing recitals, covenants, and agreements of each of the parties herein set forth, the parties do agree as follows: 1.1 DEFINITIONS • TRANSIT MANAGEMENT AGREEMENT BETWEEN AUGUSTA, GEORGIA AND MOBILITY TRANSIT SERVICES, LLC DATED: , 2011 WITNESSETH SECTION 1- CONTRACT PROVISIONS The term "Augusta" or the "City" means Augusta, Georgia, which acts through the Augusta- Richmond County Commission. The term "Augusta- Richmond County Commission" means the governing body of Augusta, Georgia. The term "Services" means Transit System Service and Support (also "transit system ") as described in RFP# 11 -082 and workmanship and material furnished or used in performing the services. 1 • The term "Proposer' means any firm or entity responding to this Request for Proposals. • The term "Proposal" means the qualifications, services, support, and prices offered by the Proposer. • The term "Successful Proposer" means the firm or entity to be selected to provide transit services to Augusta, Georgia. • The term "Contract" means the agreement that Augusta, Georgia will have with the successful Proposer for the provision of transit services to Augusta, Georgia. • The term "Mobility" means the firm or entity awarded the Contract for providing transit system service and support to Augusta, Georgia. 1.2 COMPLETE CONTRACT This Contract and the attachments, exhibits and documents incorporated herein and by reference constitute the complete and exclusive statement of the terms of the agreement between the Augusta, Georgia and Mobility and it supersedes all prior representations, understanding and communications. The invalidity in whole or in part of any provision of this Contract shall not affect the validity of other provisions. Augusta, Georgia's failure to insist in one or more instances upon the performance of any term or terms of the Contract shall not be construed as a waiver or relinquishment of Augusta, Georgia's right to such performance by Mobility. 1.3 INDEPENDENT CONTRACTOR STATUS Under the Contract, Mobility shall be an independent Contractor and not an agent of Augusta, Georgia. Mobility shall be fully responsible for all acts and omissions of its employees, subcontractors and their suppliers, and specifically shall be responsible for sufficient supervision and inspection to ensure compliance in every respect with the Contract requirements. There shall be no contractual relationship between any subcontractor or supplier and Augusta, Georgia by virtue of the Contract with Mobility, No provision of this Contract shall be for the benefit of any party other than Augusta, Georgia and Mobility. 1.4 EQUIPMENT &TRANSIT EMPLOYEES Augusta, Georgia, in consideration of the compensation provided to Mobility, shall also be the lessee of all equipment used pursuant to RFP# 11 -082 (other than buses or other equipment purchased by Augusta, Georgia). Mobility shall be entirely responsible and liable for the operation and maintenance of such equipment whether purchased or leased by Augusta, Georgia. Mobility, and not Augusta, Georgia, is employer of all the transit employees and the Mobility is responsible for their wages, hours, benefits, worker's compensation, social security, and all other incidents of employment. 1.5 KEY PERSONNEL Mobility's General Manager is considered to be essential to the work being performed under this Contract. Prior to diverting this individual to other programs or taking them off the project for any reason, Mobility shall notify Augusta, Georgia reasonably in advance and submit justification and proposed substitutions in sufficient detail to permit an evaluation of the impact to the services. Mobility shall make no diversion without the written consent of Augusta, Georgia and under no circumstances shall there be a void in either of these positions. 1.6 SUBCONTRACTING Mobility shall not assign, award, or delegate any of its rights, duties or obligations under this Contract to a subcontractor without prior written approval of Augusta, Georgia. Augusta, Georgia's approval of any assignment, award or delegation shall not release Mobility of any obligation under the Contract. Mobility shall be fully responsible for the acts and omissions of the subcontractor, and of persons either directly or indirectly employed by the Sub - Contractor, as Mobility is for the acts and omissions of persons directly employed by it. Nothing contained in this Contract shall create any contractual relation between any subcontractor and Augusta, Georgia. 1.7 CONTRACT DURATION Subject to the overall terms of this Contract, the initial term of this Contract shall be five (5) years and shall commence from the date of execution of the Contract by Augusta, Georgia and continue unless earlier terminated in accordance with the terms of the Contract. Notwithstanding the above, this Contract shall terminate absolutely and without further obligation on the part of Augusta, Georgia at the close of the calendar year in which it is executed and at the close of each succeeding year for which it may be renewed, However, the Contract shall renew automatically for up to five (5) years unless Augusta, Georgia provides at least 60 days prior notice to Mobility of its intent not to renew. The total obligation of Augusta, Georgia for the base year and any subsequent years for which the Contract may be renewed shall be as set forth in this Agreement. In addition to the above, this Contract will terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligations of Augusta, Georgia. Additionally, Augusta, Georgia also shall have the option to renew the Contract beyond the initial five (5) year term, as set forth below, if approval is given by the Augusta - Richmond County Commission and Augusta, Georgia and Mobility agree to the terms thereof. Option Years 1. August 1, 2016 - July 31, 2017 2. August 1,2017 - July 31, 2018 3. August 1, 2018 - July 31, 2019 3 1.8 SCOPE OF WORK Augusta, Georgia hereby engages Mobility and Mobility agrees to perform the services hereinafter described in connection with the management and operation of Augusta Public Transit, (hereinafter referred to as "APT ". Subject only to the general policies and directions of Augusta, Georgia with regard to APT management and operations, and to provisions and requirements of this Contract, Mobility shall, upon receiving Augusta, Georgia's notice to proceed, do all the things necessary to manage, operate, and maintain APT, including but not limited to: • Provide executive and administrative management. • Undertake day -to -day operation of APT vehicles. • Ensure all FTA guidelines and procedures are complied with. • Prepare the annual NTD report. • Employ and supervise all personnel, including supervisors, vehicle operators, dispatchers, customer service staff, mechanics and other maintenance personnel. • Operate a paratransit certification/re - certification, reservations and scheduling program. • Administer training and safety programs. • Undertake maintenance and repair of vehicles and equipment. • Process warranty claims for APT vehicles. • Operate a rural transit service. 4. August 1, 2019 - July 31, 2020 5. August 1, 2020 - July 31, 2021 Assist in public relations and promotions including attending transit fairs, programs, special events, or any function as requested by Augusta, Georgia held either during normal business hours or in the evening or on weekends. • Provide all reports requested by Augusta, Georgia. • Monitor bus shelters /stops. • Prepare analysis of financial and other matters. • Provide clerical, statistical, and bookkeeping services. • Issue all vehicle operators with uniforms. 4 • Provide equipment, parts and supplies required in the operation of APT unless specifically identified to be contributed by Augusta, Georgia. • Undertake such other work as may be necessary in connection with the operation of APT in accordance with Section 3 -Scope of Work. 1.9 PAYMENT TO CONTRACTOR Mobility shall, on a monthly basis, submit invoices to Augusta, Georgia. Unless there is a dispute about the compensation owed Mobility, Augusta, Georgia shall make payments to Mobility within a reasonable time after receipt of invoices and all required monthly reports. The monthly payments shall be based on service performed in the preceding month deemed acceptable to Augusta, Georgia. If Mobility fails to perform its duties and obligations, Augusta, Georgia may withhold payment or portions of the payment and Augusta, Georgia shall have the right to deduct from payments to Mobility any costs or damages incurred, or which may be incurred, by Augusta, Georgia as a result of Mobility's failure to perform, or any penalties that could be assessed against Mobility pursuant to this Contract. Prior to deducting any penalties that could be assessed, however, Augusta, Georgia will provide Mobility with at least ten (10) days prior written notice of Augusta, Georgia's intent to deduct such penalties thereby affording Mobility an opportunity during said ten (10) day period to provide information to Augusta, Georgia contrary to Augusta, Georgia's findings. The terms of this section and the terms of the entire Contract are intended to supersede all provisions of the Georgia Prompt Pay Act, O.C.G.A. §13 -11 -1 through 13- 11-11, and revised or amended. By acceptance of Augusta, Georgia's payment of an invoice amount, Mobility releases Augusta, Georgia from any and all claims for service provided or work performed through the date of the invoice. 1.10 PAYMENT FOR FIXED ROUTE, PARATRANSIT SERVICE. AND RURAL SERVICE For Fixed Route and Rural, payment shall be made on the basis of vehicle revenue hours. Vehicle revenue hours are defined as the scheduled hours of service as set forth in the current APT schedule, or any revisions thereto, plus or minus adjustments for schedule deviation, trippers, or other service level changes as specifically authorized Augusta, Georgia under Section 3 — Scope of Work. For Paratransit Service, payment shall be on a per trip basis at the discretion of Augusta, Georgia. For the fixed route service, vehicle revenue hours shall specifically exclude deadhead hours, including, but not limited to, travel time to and from storage facilities, changing routes, downtime for roadcalls, road tests, fueling, vehicle inspections, driver training, driver lunches and breaks, and missed trips. The revenue hours operated shall 5 be directly traceable by driver trip sheets and the Daily Operating Reports. 1.11 OPERATING REVENUES All operating revenues collected by Mobility are the property of Augusta, Georgia. For the purposes of this Contract, operating revenues shall include but not necessarily be limited to fare box receipts, ticket and pass sales revenue. Mobility shall be responsible for handling fare box receipts, and pass and ticket sales revenues in the manner discussed in Section 3 -Scope of Work, and as necessary for Augusta, Georgia to meet the requirements of State and Federal funding sources. 1.12 TERMINATION OR SUSPENSION A. Termination or Suspension for Convenience Augusta, Georgia may terminate or suspend in whole or part this Contract at any time for its convenience and without cause upon ninety (90) days written notice to Mobility. Any notice to terminate or suspend this Contract shall be given by certified mail, return receipt requested. The effective date of the termination shall be ninety (90) days from the date of receipt as noted on the return receipt. Upon termination or suspension of the Contract for convenience, the Contractor's compensation shall be calculated on the basis of service actually performed and expenses actually incurred prior to the effective termination date, reduced by all costs and damages incurred by Augusta, Georgia as a result of the default of the Contractor, and excluding any allowance for overhead or profit. If Augusta, Georgia suspends the Contract, the Contractor shall immediately reduce its staff services and outstanding commitments, if any, in order to minimize costs. B. Contractor Default If the Contractor defaults by failing to substantially perform, in accordance with the terms of this Contract, as determined by Augusta, Georgia, Augusta, Georgia may give written notice to the Contractor (i) terminating this Contract effective seven calendar days from the date of notice; or (ii) setting forth the nature of the default and requesting Mobility initiate cure within seven calendar days from the date of notice. At any time thereafter, if Mobility fails to initiate cure upon the request of Augusta, Georgia and diligently continue such cure until complete, Augusta, Georgia may give written notice to Mobility of immediate termination. If Augusta, Georgia terminates this Contract pursuant to this paragraph, and it is subsequently determined by a court of competent jurisdiction that Mobility was not in default, then in such event said termination shall be deemed a termination for convenience. C. Augusta, Georgia Default If Augusta, Georgia defaults by failing to substantially perform in accordance with the terms of this Contract, Mobility shall give written notice to Augusta, Georgia setting forth the nature of the default and requesting cure within seven calendar days from 6 the date of notice. If Augusta, Georgia fails to cure within seven (7) calendar days from the date of notice, Mobility may give written notice to Augusta, Georgia of immediate termination. Mobility, however, shall continue to provide all services under the Contract even if Mobility disputes amounts owed to it. 1.13 NOTICE REQUIREMENT All notices and correspondences required under this Contract shall be in writing and shall be delivered personally, prepaid registered or certified mail, return receipt requested, or overnight receipted delivery service. All notices and correspondences to Augusta, Georgia shall be addressed as follows: Augusta, Georgia Procurement Department Attn: Geri Sams, Procurement Director 530 Greene Street, Room 605 Augusta, GA 30901 All notices and correspondences to Mobility Transit Services, LLC shall be addressed as follows: Mobility Transit Services, LLC 1800 Hickory Glen Knoxville, TN 37932 1.14 INDEMNIFICATION To the fullest extent permitted by law, Mobility Transit Services, LLC shall defend, protect, indemnify and hold harmless Augusta, Georgia, the Augusta - Richmond County Commission, in both their official and individual capacities, City employees, consultants, agents, servants, successors, heirs, executors, and administrators, from and against any and all claims or future claims, actions, suites, causes of action, demands, obligations, liens, rights, damages, judgments, costs, loss of service, expenses, including but not limited to, actual fees and expenses of attorney's expert witnesses and consultants and compensation of any nature whatsoever by whomsoever brought or alleged, and regardless of the legal theories upon which premises including those actually or allegedly arising out of body injury to, or sickness of death, of any person or property damage or destruction including loss of use, which may be imposed upon, incurred by or asserted against the Augusta, Georgia or other related parties allegedly or actually arising out of or resulting from Mobility's services, including without limitation any breach of Contract or negligent act or omission of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts arise directly or indirectly out of the performance of the Contract and /or the operation of the transit system. This indemnity provision includes any action or claim resulting from the following: • Accident injury, death, loss, or damage, to any person or property, or other 7 • Infringement of any patent, trademark, or intellectual property right, or violation of any state or federal patent, trademark, or intellectual property law; provided, however, that Contractor's indemnity shall not cover any claims or losses arising from or related the alleged infringement of any patent, trademark, copyright or similar property right regarding any logo, mark, insignia, advertising, or marketing materials provided to Contractor by Augusta, Georgia. Augusta, Georgia shall give the Contractor timely notice of, and shall forward to it every demand, notice, summons or other process received with respect to any claim or legal proceedings within the purview hereof, but the failure of Augusta, Georgia to give such notice shall not affect such rights to indemnification. 1.15 TAX EXEMPT Augusta, Georgia and its agencies are exempt under present law from state and local sales taxes in the State of Georgia. All transactions on the Contract shall be deemed to have been accomplished within the State of Georgia. 1.16 EMERGENCIES In the event of a declared civil disorder or natural catastrophe, Mobility shall direct the employees to operate as ordered by federal, state, and /or Augusta, Georgia civil authorities. Compensation shall be based on actual hours of service performed. 1.17 MEETINGS economic loss or claimed liabilities to the extent caused by resulting from, connected with or arising out of the negligence, acts, or omissions of Mobility, its officers, directors, employees, agents or subcontractors; • Violation of any statute, ordinance, administrative order, rule, regulation or order of any governmental body or any order or decree of any court or other tribunal applicable to the operation of the transit system contemplated herein including, but not limited to, all state and federal environmental, motor vehicles, Title VI of the Civil Rights Act, Title VII of the Civil Right Act, Disadvantage Business Enterprise (DBE), American with Disabilities Act, labor laws and regulations and other laws and regulations actions undertaken by Mobility in the Contract; and Upon request of Augusta, Georgia, Mobility shall, at its own expense, attend various meetings to provide information concerning the transit system. The General Manager, representing Mobility, shall attend at minimum, biweekly meetings with Augusta, Georgia at times and location to be determined. 8 1.18 REMOVAL OF EMPLOYEES Promptly upon the written demand of Augusta, Georgia, Mobility shall remove from activities associated with this Contract any employee who Augusta, Georgia considers unsuitable for such work. 1.19 PROPOSAL PROCEDURES The Proposal submitted in response to this Request for Proposals (RFP# 11 -082) is hereby incorporated into this Contract by reference. This Proposal, together with the requirements in the Request for Proposals shall constitute Mobility's operating procedures, policies and practices, and, upon reasonable written request from Augusta, Georgia, Mobility shall amend such procedures, policies and practices in accordance therewith. Mobility shall request Augusta, Georgia's prior written approval for any change to these operating procedures, policies and practices. 1.20 PERFORMANCE AND PAYMENT BOND Within ten (10) days of notice of award of this Contract, Mobility shall furnish Performance and Payment bonds to Augusta, Georgia. These bonds shall be issued by an acceptable surety company to Augusta, Georgia who is registered and duly authorized to do business in the State of Georgia, is listed on the Department of Treasury listing of acceptable Sureties and Underwriting limitations, having a Best Rating of A: VII or better, and be accompanied by a Power of Attorney certifying that the person executing the bonds has the authority to do so. The amount of the bond shall equal to the product of four full months of fixed route and paratransit revenue service hours times Mobility's hourly rates. An irrevocable letter of credit from a bank acceptable to Augusta, Georgia in the required amount and form may also be acceptable. The condition of the bond shall be that Mobility shall fully and faithfully perform all conditions of the Contract, and the Contract shall be incorporated by reference in the bonds. The bond must be renewed annually and remain in effect during the life of this Contract. 1.21 ERISA Mobility shall comply with the provisions of the Employee Retirement Income Security Act of 1974, as amended with respect to each of its employee benefit plans. Mobility shall supply Augusta, Georgia with such information concerning the status of each of Mobility's employee benefit plans, as Augusta, Georgia shall reasonably request. 1.22 LICENSES, PERMITS, AND FILING FEES Mobility is solely responsible for obtaining any license or other authorization required by law to perform the services required in this Contract. The cost of all licenses and permits necessary to operate each bus and other equipment under all such applicable laws and regulations shall be the responsibility of Mobility. These permits and licenses shall include, but not be limited to, all necessary Georgia motor vehicle licenses and 9 certificates, including the State of Georgia Public Service Commission Certificate of Public Conveyances and Necessity. Mobility shall pay all filing fees and legal fees involved in submitting route, schedule, and rate changes to the Georgia Public Service Commission. Mobility shall pay all federal, state and local taxes imposed on Mobility by reason of the ownership or leasing of any vehicle, equipment, inventory or operation of the transit system. 1.23 PROHIBITED USES Unless expressly authorized in writing by Augusta, Georgia, Mobility shall not use any bus or other equipment which is part of Augusta, Georgia's transit system other than in connection with the services required to be performed under the Contract. Mobility shall not use any such bus or other equipment for any private charters or any purpose other than as may be specifically permitted by Augusta, Georgia and in Augusta, Georgia's sale discretion and under such terms as Augusta, Georgia elects. 1.24 RISK OF LOSS OR DAMAGE Mobility shall be responsible for the vehicles, equipment and supplies used in the performance of the services called for under the Contract and shall be responsible for all loss or damage with respect to any such vehicles, equipment and supplies. 1.25 INSURANCE Mobility shall procure and maintain, or cause others to procure and maintain, for the duration of the Contract insurance against claims for injuries to persons or damages to property, or theft which may arise from or in connection with the performance of the work hereunder by Mobility, its agents, representatives. employees, subcontractor or authorized City transit staff, including but not limited to the procuring of insurance against claims for injuries to persons or damages to property including claims that may arise at City owned or leased transfer centers, park and ride lots or bus stops, or theft of any and all transit vehicles and equipment either owned by Augusta, Georgia or leased by Augusta, Georgia or otherwise used by Mobility or Augusta, Georgia in connection with the operation of the transit system and he services described in the Contract. The cost of such insurance shall be identifiable as separate items and included in Mobility's Price Proposal A Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability including Garage Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Subject to Policy aggregate limit of $2,000,000. 10 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. 3. Umbrella Liability: $25,000,000 per occurrence for bodily injury, personal injury, and property damage in excess of limits required under one or two above. 4. Worker's' Compensation and Employer Liability: Workers Compensation limits as required by the Labor Code of the State of Georgia and Employers Liability limits of $1,000,000 per accident. 5. All Risk Fire and Extended Coverage for full replacement cost on all service or operating facilities including equipment and contents whether owned or leased by Mobility or Augusta, Georgia. Such coverage shall include coverage for extra expenses and loss of income coverage. 6. Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to full replacement value of all vehicles, including the express buses, the local buses, and non - revenue vehicles operated by Mobility or City Transit employee. Deductible levels shall be determined by Mobility based upon Contractor's ability to cover deductible payments in the events of a claim. Mobility shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $10,000,000. 7. Fidelity Bonds insuring against theft, fraud or misappropriation of funds other miscues of money in such amounts as Augusta, Georgia shall request. Augusta, Georgia shall be named as an Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its size. 8. Employment Practice Liability: $1,000,000 each occurrence and aggregate. B. Deductibles and Self - Insured Retention Any deductibles or self - insured retentions must be declared to and approved by Augusta, Georgia. At the option of Augusta, Georgia, either, the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the deductibles or self - insured retentions as respects Augusta, Georgia, the Augusta- Richmond County Commission, their officials, agents, employees, and volunteers; or Mobility shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following 11 provisions: 1. General Liability, Automobile Liability, and Umbrella Liability Coverage Augusta, Georgia, the Augusta- Richmond County Commission, their officials, agents, employees, and volunteers are covered as insured as respects liability arising out of activities performed by or on behalf of Mobility; products and completed operations of Mobility; premises owned, occupied or used by Mobility; or vehicles owned, leased, hired or borrowed by Mobility. The coverage shall contain no special limitations on the scope of protection afforded to Augusta, Georgia, the Augusta - Richmond County Commission, their officials, agents, employees, and volunteers. Mobility's insurance coverage shall be primary insurance as respects Augusta, Georgia, the Augusta- Richmond County Commission, their officials, agents, employees, and Augusta, Georgia, the Augusta - Richmond County Commission, their officials, agents, employees, and volunteers shall be in excess of Mobility's insurance and shall not contribute with it. Any failure to comply with reporting provisions off the policies shall affect coverage provided to Augusta, Georgia, the Augusta - Richmond County Commission, its officers, employees and volunteers. Mobility's insurance shall apply separately to each insured against whom claim is made or suit is brought, expect with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against Augusta, Georgia, the Augusta - Richmond County Commission, its officers, officials, employees and volunteers for losses arising from work performed by Mobility for Augusta, Georgia. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after sixty (60) days prior written notice by certified mail, return receipt requested, has been given to Augusta, Georgia. Additionally, Mobility shall notify Augusta, Georgia immediately upon receipt of any notifications of cancellations. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A VII or otherwise acceptable to Augusta, Georgia. 12 E. Verification of Coverage Mobility shall furnish Augusta, Georgia with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a form acceptable to Augusta, Georgia and are to be received and approved by Augusta, Georgia prior to commencement of any work or service performed under this Contract. Mobility is to commence no activity with regard to performance of the Contract until the required insurance has been obtained. Augusta, Georgia reserves the right to require complete, certified copies of all required insurance policies, at any time. F. Subcontractors Mobility shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. G. Rights Reserved Augusta, Georgia reserves the right to reject any and all insurance Proposals, to waive any informality in Proposals and, unless otherwise specified by the Proposer, to accept any item in the Proposal. Augusta, Georgia, solely at its option, may purchase any or all of the insurance coverage required in these specifications directly to cover its own and Mobility's interests, in lieu of Mobility providing such coverage. In such cases, Augusta, Georgia would delete applicable insurance coverage and cost(s) from its evaluation of Proposals. H. Claims Information and Loss Run Mobility shall make available to Augusta, Georgia, through its records or the records of their insurer, information regarding a specific claim. Any loss run information available from Mobility or its insurer will be made available to Augusta, Georgia upon its request. 1.26 LABOR DISPUTES If Mobility has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, Mobility immediately shall give notice, including all relevant information, to Augusta, Georgia Transit Division Manager. 1.27 MINIMUM BUS AVAILABILITY Mobility shall provide at least ninety percent (90 %) of the fixed route fleet and ninety percent (90 %) of the paratransit fleet in operable condition for revenue service in 1 peak periods unless otherwise directed by Augusta, Georgia. APT is reducing its fleet 13 size as recommended by the FTA. 1.28 CONFIDENTIALITY Any and all reports, information, or data of whatever nature provided to, or prepared, generated or assembled by Mobility in connection with the performance of Mobility shall not be made available to any individual or organization outside the Contract without the prior written approval of Augusta, Georgia, unless such is required by law or a court process. Contractor shall promptly notify Augusta, Georgia of any request for such information. 1.29 EXAMINATION AND RETENTION OF RECORDS Contractor shall maintain all books, records, documents, accounting ledgers, data bases, and similar materials relating to work performed for Augusta, Georgia under this Contract on file for at least three (3) years following the date of final payment or settlement to Mobility by Augusta, Georgia. All records stored on a computer database must be of a format compatible with Augusta, Georgia's. Any duly authorized representative(s) of Augusta shall have access to such records for the purpose of inspection, audit, and copying at reasonable times, during Mobility's usual and customary business hours. Mobility shall provide proper facilities to City representative(s) for such access and inspection. Further, any duly authorized representative(s) of City shall be permitted to observe and inspect any and all of Mobility's facility and activities during Contractor's usual and customary business hours for the purposes of evaluating and judging the nature and extent of Contractor's compliance with the provision of this Contract. In such instances, City representative(s) shall not interfere with or disrupt such activities. Mobility shall maintain, and Augusta, Georgia and its representatives shall have the right to examine, all books, records, documents, accounting procedures and practices and other evidence sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of the Contract. The materials described above as well as any relevant database and computer tapes or disks containing such information shall be made available at Augusta, Georgia office of Mobility at all reasonable times for inspection, audit, and reproduction during the term of the Contract, and for three years from the final date of settlement or payment under the Contract. 1.30 THE CITY AND CONTRACTOR - SUPPLIED PROPERTY The title to capital items provided by Augusta, Georgia shall remain with Augusta, Georgia. Mobility shall be required to maintain such items utilizing manufacturers' recommended maintenance standards, at a minimum, or those standards provided by Augusta, Georgia, at Augusta, Georgia's sole discretion. Furthermore, Mobility shall maintain adequate property control records of all City furnished property in accordance with sound industry practice and as approved by Augusta, Georgia. 14 Augusta, Georgia shall have the option, upon the expiration or termination of the Contract, to purchase all or any part of non - revenue equipment not already purchased by Augusta, Georgia and used by Mobility in the performance of the work specified in the Contract at a price equal to that portion of the original cost of the equipment which has not yet been amortized as of the date the Contract expires or is terminated. Amortization shall be deemed to be made in accordance with generally accepted accounting principles. 1.31 TURNOVER PROCEDURES Augusta, Georgia has established a Turnover Procedure for return of APT vehicles and equipment at the end of the Contract. This Turnover procedure shall be implemented toward the end of the current Contract term and prior to the commencement of the new Contract or as requested by Augusta, Georgia. At Augusta, Georgia's option, a Turnover Inspection may be implemented with or without a change in Contractors. 15 SECTION 2 - AUGUSTA PUBLIC TRANSIT PERFORMANCE STANDARDS 2.1 OVERVIEW The Contractor will perform all transit services required by the Contract according to the performance standards set forth in this section. As part of the Contractor's proposal, the Contractor should outline the specific actions it intends to take to meet each of the standards provided herein. The specific actions outlined in the Contractor's proposal will be one of the criteria used to evaluate and rank the proposals. The performance standards shall apply to the Fixed Route, Paratransit, and Rural services. The City has developed these standards with which the Contractor is expected to comply to encourage the highest quality service from the Contractor and to ensure that the transit services, employee performance and vehicles meet City standards. Failure by the Contractor to meet these standards will result, at a minimum in the City assessing an appropriate penalty for each incident of non - compliance, at a maximum in the City terminating the Contractor's services. Likewise, the City has also established bonuses for service that exceeds the performance standards outlined herein. Continued performance by the Contractor at or above the parameters established in this section shall be taken into consideration for Contract extensions. Continued performance below the parameters established by the City shall be considered grounds for Contract termination. The following pages outline the specific tasks and timelines required for each of the performance standards, their related incentive and/or penalty dollar amounts, and the frequency at which incentives and penalties will be assessed. On a monthly, quarterly or annual basis, depending on the performance standard, the City will issue a Notice of Intent to Assess Penalties /Incentives to the Contractor. Disputes by the Contractor involving penalties or incentives must be received by the City within five (5) business days from the receipt of the Notice of Intent. City staff shall meet with the Contractor within five (5) business days of receipt of the dispute to discuss the Contractor's concerns. Final determination regarding the dispute shall be the decision of the City. 2.2 OPERATING STANDARDS A. Operating Ahead of Schedule (HOT) Standard 16 No bus shall depart a time point before its scheduled departure time. Penalty: One - hundred dollars ($100) per incident when a fixed route bus is observed in revenue service departing a City scheduled time point any time before its scheduled departure time. No "HOT" trip observations shall be double- counted or counted consecutively over several time points on the same route. Incentive: No incentive. B. On -Time Performance The Contractor shall maintain on -time performance within zero (0) minutes early and five (5) minutes late of scheduled departure times on all routes. The Contractor will be considered on time if lateness is due to train delays, traffic delays, accidents not involving a APT bus, or wheelchair boardings provided the Contractor documents each and every delay by route number, bus number, time of day and reason for delay. If a bus operator is consistently late without cause, the City will notify the Contractor and expect a thorough investigation and follow -up response from the Contractor within 48 hours from time of notification. Penalty: $1.00 per revenue hour shall be deducted from the Contractor's monthly service hour billing each month the system as a whole fails to operate on time at least 95% of the time. The penalty shall be applied to all revenue hours operated that particular month. Incentive: No Incentive Penalties will be applied to the monthly invoice. C. Missed Trip Standard - Fixed Route The Contractor shall, at a minimum, complete 99.85% of all scheduled fixed route trips on a daily basis. In the event of an in- service breakdown, the bus operator's absence or other service related problems, the Contractor shall dispatch another vehicle as soon as possible in order to provide service on the route for the subsequently scheduled trips. Any bus that departs a scheduled time point fifteen (15) minutes late shall be considered a "missed trip ". 17 In calculating the percentage of total trips completed, no missed trips shall be double- counted. Adequate performance shall be determined by City staff by dividing the total number of trips provided by the Contractor per month by the total number of missed trips. Penalty: Each fixed route missed trip shall be assessed a penalty of fifty dollars ($50) if the overall 99.85% minimum performance standard is not achieved. However, a missed trip due to operator error shall be assessed the fifty dollar ($50) missed trip penalty regardless of the minimum performance percentage standard achieved. All missed trips shall be subject to discussion between City staff and the Contractor. The final decision regarding a missed trip shall be made by the City Transit Division Manager. Incentive: No Incentives Penalties will be applied to the monthly invoice. D. Missed Trip Standard — Paratransit The Contractor shall complete 100% of all scheduled paratransit trips within 30 minutes of the scheduled pick -up time excluding cancellations and no- shows. In the event of an in- service breakdown, the bus operator's absence or other service related problems, the Contractor shall dispatch another vehicle as soon as possible in order to provide service on the route. Penalty: The Contractor shall be assessed a penalty of fifty dollars ($50) per out of the window trip. All out of window trips shall be subject to discussion between City staff and the Contractor. Any final decisions regarding an out of window trip shall be made by the City Transit Division Manager Incentive: No Incentive Penalties will be applied to the monthly invoice. 18 E. Vehicle Out of Fuel If a bus runs out of fuel while in revenue service a penalty will be assessed. $500 per occurrence. Incentive: No incentive. Penalty will be applied to the monthly invoice. F. Driver Appearance/Name Plates All bus operators shall adhere to the City's uniform /dress code at all times while operating a vehicle in revenue service. Exceptions to these standards may be granted upon mutual agreement between the Contractor and City for holidays, special promotions or other transit- related events. All bus operators shall display their name plate in the interior of the bus at all times the bus is in revenue service. Penalty: $25 per infraction for violations of the City's uniform /dress code. $25 per infraction for failure to display the operator name plate in the interior of the bus. Incentive: No incentive. Penalty will be applied to the monthly invoice. G. Bus Stop Announcement Standards 1. Equipment Malfunction (Announcements) In the event of a vehicle enunciator malfunction, the Contractor's bus operators shall announce all pre - determined stops and transfer points over the vehicle's public address system as specified by the City in compliance with the Americans with Disabilities Act. Penalty: 19 A one - hundred dollar ($100) penalty shall be assessed to the Contractor for each time a bus operator fails to make the appropriate announcements when a vehicle enunciator fails, for whatever reason. No Incentive. Penalty will be applied to the monthly invoice 2. ADA Equipment Malfunction Reporting Bus operators shall report all vehicle enunciator malfunctions, wheelchair lift or ramp malfunctions or any other ADA equipment malfunction to dispatch immediately and dispatch shall report the malfunction to shop immediately. Penalty: A one - hundred dollar ($100) penalty shall be assessed to the Contractor for each time a bus operator fails to notify dispatch immediately that the equipment is malfunctioning or if dispatch fails to notify the Contractor's shop immediately of the failure. Incentive: No incentive. Penalty will be applied to the monthly invoice. 2.3 VEHICLE MAINTENANCE STANDARDS Proper maintenance directly affects operating costs. The City's maintenance requirements do not refer solely to the task of performing normal preventive maintenance tasks on a specified schedule, but rather that the task is done well and that the operation of the bus and all equipment on board the bus is operable and reliable when in service. Vehicle maintenance standards are subject to change based on Federal guidelines. The Contractor is responsible for performing the following maintenance on a bus -by -bus basis (fixed route, express and paratransit buses). A. Preventive Maintenance The Contractor shall maintain stated intervals between inspections and between "LIKE" inspections. Should the Contractor's PMI schedule consist of 3000 mile (3K) inspection, 6K inspection, 9K inspection, 12K inspection, 15K inspection, 18K inspection, 21K inspection and a 24K inspection, the distance 20 between one 6K and the next consecutive 6K inspection constitutes the distance between "LIKE" inspections. Any PMI inspection completed more than ten percent (10 %) past its PMI mileage interval is considered "Late ". Any PMI inspection competed more than ten percent (10 %) past its "LIKE" PMI mileage interval is considered "Late ". Any PMI inspection completed more than fifteen percent (15 %) past its PMI mileage interval is considered `Missed ". Any PMI inspection completed more than fifteen percent (15 %) past its "LIKE" PMI mileage interval is considered "Missed." Preventive Maintenance Inspections (PMI's) must be completed by the Contractor based upon the preventive maintenance schedule proposed by the Contractor or negotiated by the Contractor and the City. Weekly PMI's shall include the inspection of all onboard devices to ensure full operation of these devices at all times. Penalty: Fifty dollars ($50) per business day, or thirty three cents ($.33) per mile, whichever is greater, shall be assessed against the Contractor for each incident of non - compliance with this standard. Failure by the Contractor to maintain a PMI and repair program which complies with the City, State, Federal, other applicable agencies, and the manufactures recommended PMI program shall be considered grounds for Contract termination. Incentive: No incentive. Penalty will be applied to the monthly invoice. B. Heating/Air Conditioning The heating system must be fully operable from November 1 to March 1. The air conditioning system must be fully operable from March 1 to November 1. Under no circumstances shall a APT bus be put into revenue service without a fully functioning heating and/or air conditioning system. The Contractor shall test the heating and air conditioning systems on all vehicles to ensure that they are functioning properly prior to revenue service. If the heating or air conditioning system on a vehicle does not function properly during the test procedure, the Contractor's dispatch personnel shall be notified immediately, and the bus shall not be used in revenue service. All heating and air conditioning system failures shall be listed on the Contractor's monthly fixed route or paratransit report. 21 Penalty: Failure by the Contractor to repair non - functioning air conditioning/heating systems within five (5) business days shall result in a fifty dollar ($50) penalty per incident per day. Incentive: A one hundred dollar ($100) bonus per month shall be granted to the Contractor when all air conditioning and heating system failures are identified in the Contractor's monthly reports and are repaired by the Contractor within five (5) business days after the date of the occurrence. Penalties and incentives will be applied to the monthly invoice. C. Major Vehicle Body Damage Repair Standards - Interior and Exterior The Contractor shall completely repair any major vehicle body damage, interior and exterior, within sixty (60) business days from the date of the occurrence. Penalty: A fifty - dollar ($50) per business day penalty shall be assessed to the Contractor for major vehicle body damage that remains unrepaired beyond the 60 -day time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. D. Minor Vehicle Body Repair Standards — Interior and Exterior The Contractor shall repair any minor vehicle body damage, interior and exterior within twenty -one business (21) days from the date of the occurrence. Penalty: A fifty- dollar ($50) per business day penalty shall be assessed to the Contractor for minor vehicle body damage that remains unrepaired beyond the 21 -day time period. 22 E. Repairing or Replacing Seat Damage Standards The Contractor shall repair or replace any seat that is damaged within seven (7) business days of the occurrence. Penalty: A fifty- dollar ($50) per business day penalty shall be assessed to the Contractor for repairs that go beyond the seven day time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. F. Repairing ADA Equipment Standards The Contractor shall repair all ADA required equipment within forty -eight (48) hours of occurrence or in accordance with federal ADA guidelines or laws, whichever is more stringent. This equipment includes: Penalty: A fifty- dollar ($50) per business day penalty shall be assessed to the Contractor for repairs that go beyond the seven day time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. G. Repairing ADA Equipment Standards The Contractor shall repair all ADA required equipment within forty -eight (48) hours of occurrence or in accordance with federal ADA guidelines or laws, whichever is more stringent. This equipment includes: • Public Address (PA) system • Destination signs • Stop request signs • Passenger signal tape or cords • Wheelchair lift equipment • Ramp equipment • Wheelchair tie down and securement equipment 23 • Required ADA signage and decals • Vehicle enunciators Penalty: A one hundred dollar ($100) per business day penalty shall be assessed to the Contractor for ADA equipment problems that go unrepaired beyond the 48 -hour time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. H. Cleaning of Exterior and Interior of Vehicles Standards 1. Daily On a daily basis, the Contractor shall clean the interior of every vehicle to be used in service on the following day. Daily interior cleaning shall include, at a minimum, removing all interior trash, emptying the on -board trash receptacles, vacuuming all seat cushions, removing graffiti and gum, and mopping the floor. Weather permitting; the exterior of all vehicles shall be cleaned every day including a run through the bus wash and spot cleaning the bumpers and wheels. The back of all vehicles shall be hand washed prior to running them through the bus wash. In addition, the Contractor shall post or remove interior public notices or advertisements within 24 hours of receiving notice to do so by City staff. 2. Bi- Weekly Major interior cleaning (detailing) shall be provided for every vehicle in the fleet at least once every fourteen (14) calendar days. Major interior cleaning shall include (in addition to the daily tasks outlined above), an interior detailed cleaning of all windows, the driver's area, all side paneling, and the ceilings. 3. Quarterly Upholstery cleaning of all seats shall be done quarterly 24 Interior Damage: Interior damage on all vehicles shall be reported to City staff on a weekly basis with an estimated time line for repairs and a list of completed repairs. Penalty: Fifty - dollars ($50) per business day per vehicle for each day of non- compliance with any of the above standards. Incentive: A bonus of two hundred fifty dollars ($250) per quarterly shall be granted to the Contractor when full compliance with all of the above standards is achieved. Penalties and incentives will be applied quarterly. 2.4 REPORTING STANDARDS A. Monthly Maintenance Reporting Standard The Contractor shall submit the monthly maintenance report to the City prior to the 10 day of the following calendar month. Penalty: Failure by the Contractor to provide the monthly maintenance report within the specified time period shall result in a penalty of fifty dollars ($50) per business day until the report is submitted to the City. Penalty will be applied to the monthly invoice. B. Monthly Invoice Standards All components of the monthly invoice must be submitted to the City no later than 10 business days following the end of the previous calendar month. Penalty: Failure by the Contractor to provide the Monthly Invoice within the specified time period shall result in a penalty of fifty dollars ($50) per business day until the report is submitted to the City. Penalty will be applied to the monthly invoice. 25 C. Drug and Alcohol Reporting Standards The Contractor must submit the monthly Drug and Alcohol report accurately no later than 10 business days following the previous calendar month. Penalty: Failure by the Contractor to provide any Drug and Alcohol or MIS Report within the specified time period shall result in a penalty of one hundred ($100) per business day until the report is submitted to the City. Failure of the Contractor to use the correct decision (DOT vs. Non -DOT testing) related to drug and alcohol testing will result in a $100 penalty. Penalty will be applied to the monthly invoice. D. Disadvantaged Business Enterprise Program Standards Both the City and the Contractor must comply with any federally mandated DBE requirements throughout the duration of the Contract. Failure of the Contractor to use the DBE firms (or a Certified DBE replacement) that were submitted with the Proposal shall constitute a breach of Contract. The monthly DBE report is to be submitted to the City no later than 10 business days following the previous calendar month. For any month in which the goal is not met, good faith efforts must be submitted to the City no later than 10 business days following the previous calendar month showing what ongoing opportunities to bid were given to DBE firms. All bidder contact information must be supplied with the good faith efforts. The original written responses from DBE firms to ongoing bids must be provided monthly. Penalty: Failure to provide a monthly DBE report no later than 10 business days following the previous calendar month will result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. If the DBE portion of the Contract is not provided by a certified DBE, the federal . government has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: • Suspension or debarment proceedings pursuant to 49 CFR part 2 • Enforcement action pursuant to 49 CFR part 3 • Prosecution pursuant to 18 USC 1001. Incentive: 26 No incentive. Penalty will be applied to the monthly invoice. E. Federal Requirements Standards It is understood and agreed that the Contractor is obligated by and to the City for specifications or documentation required to comply with any Federal Transit Administration, State of Georgia, or Augusta, Georgia requirements. F. Accident Reporting Standards The Contractor shall report all passenger or vehicle accidents to the City within thirty (30) minutes of the occurrence and follow up with a complete, correct, and detailed written accident report within three (3) days of the occurrence. Penalty: Failure by the Contractor to report an accident within thirty (30) minutes of the occurrence and to follow up with a complete, correct, and detailed written accident report within three (3) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. The police report shall be provided within seven (7) business days from the date of the accident. Failure by the Contractor to provide a Police Report within seven (7) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. Incentive: No incentive. Penalty will be applied to the monthly invoice. G. Major NTD Reportable Accident The Contractor shall report all NTD Reportable Accidents, as defined by the National Transit Database within (30) minutes of the occurrence and follow up with a complete, correct, and detailed written accident report within three (3) days of the occurrence. Penalty: Failure by the Contractor to report an NTD Reportable Accident within thirty (30) minutes of the accident, provide a complete, correct, and detailed accident report within three (3) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to 27 the City. The police report shall be provided within seven (7) days from the date of the accident. Incentive: No incentive. Penalty will be applied to monthly invoice. H. NTD Reporting Standards The Contractor is responsible for compiling information regarding the fixed route and paratransit operations including vehicle revenue hours, vehicle mileage, passenger trips and service failures for the preparation of the National Transit Database Report. This report is critical to the receipt of federal funding and the Contractor must ensure that all deadlines and procedures established by the FTA regarding this report are followed and any follow -up responses are adhered to. The Contractor's operations staff must have a clear understanding of all aspects of the NTD Report including how to develop an FTA approved sampling methodology for collecting passenger data during mandatory sampling years. In addition, on a monthly basis, the Contractor shall provide the required NTD information on the appropriate NTD form along with all backup information. This information shall be supplied with the monthly invoice. Penalty: Failure by the Contractor to include, with the monthly invoice, the required NTD information, on the appropriate NTD form along with all backup information shall result in a penalty of one - hundred dollars ($100) per business day until the report is submitted to the City. Incentive: No incentive. Penalty will be applied to monthly invoice 2.5 CUSTOMER SERVICE STANDARDS A. Overview Augusta, Georgia has exceptionally high customer service standards for all of its departments. APT customers have a right to expect courtesy, respect, honesty and professionalism from all APT representatives including Managers, Bus Operators, Dispatchers, Supervisors, Reservationists, Schedulers, and Customer 28 Service Agents. Whether they come in contact with a APT representative by phone or in person, the APT representative is expected to listen to their request /question, ask for clarification if necessary, and provide complete, knowledgeable, accurate, precise information regarding their inquiry. In the past, APT has experienced a high rate of operator courtesy complaints and unsafe driving complaints. Therefore, APT has established the following penalty for operator courtesy complaints: B. Courtesy Complaint The total number of courtesy complaints received per quarter, filed through either the Customer Service Department or the City, shall be less than 10% of the total number of complaints received per quarter. Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Any employee who receives more than three (3) courtesy complaints in any one quarter will be removed from all APT activities. C. Unsafe Driving Complaint Any employee who receives more than three (3) unsafe driving complaints in one quarter will be removed from all APT activities. D. Complaint Response Time Customer complaints will be responded to within 24 hours from the time of receipt of the complaint, Monday through Friday. Complaints received on Friday shall be responded to on Monday. Penalty: Fifty - dollars ($50) per occurrence for any complaint recorded by the Customer Service Department or the City in which • The customer's comments have not resulted in an initial response to the complaint within 24 hours from complaint receipt. • A completed investigation and follow -up response (telephone or written) has not been provided to the customer within seven (7) calendar days of the date from complaint receipt. E. Complaints Filed Through Customer Service Department The total number of complaints filed through the Customer Service Department shall be no more than 250 per quarter. 29 Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Incentive: No Incentives F. Complaints Filed Through the City The total number of complaints filed through the City shall be no more than 30 per quarter. Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Incentive: No Incentive. Penalties will be applied quarterly. 30 2.6 FUEL EFFICIENCY STANDARDS Augusta, Georgia has made a concerted effort to improve fuel economy and improve air quality and has taken specific steps to achieve this result. Bus Idling Standard: The idling time for all Augusta Public Transit buses shall not exceed 15 minutes with the following exceptions: • Extreme weather conditions. • Idling in traffic. • When maintenance is being performed. • When there are passengers on board. Penalty: Failure to comply with the bus idling standard shall result in a penalty of twenty -five ($25) per occurrence per bus. Penalty will be applied to the monthly invoice. 2.7 TICKET INVENTORY CONTROL STANDARDS Procedures are established whereby upon the receipt of a request for tickets, a Ticket Request form MUST be completed and submitted to the City. Forms must be submitted to the City no less than once per week to ensure proper inventory management. Penalty: A penalty of $100 shall be assessed for every Ticket Request form submitted more than 5 business days after the date of the request. Incentive: No incentive. Penalty will be applied to monthly invoice. 31 SECTION 3 - FEDERAL TRANSIT AUTHORITY CLAUSES This agreement incorporates by reference the following Federal Transit Administration required clauses with the same force and effect as if they set forth in full in the main text of the agreement. It is understood and agreed that Mobility Transit Services, LLC (hereinafter "Mobility ") is obligated by and to Augusta, Georgia (hereinafter referred to as Augusta, Georgia) for any specifications or documentation required of Augusta, Georgia under these clauses. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Mobility agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR PART 26 CONTRACT ASSURANCE §26.13b Mobility, subcontractor, or sub recipient shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Mobility shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted Contracts. Failure by Mobility to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as Augusta, Georgia deems appropriate. PROMPT PAYMENT MECHANISMS §26.29 The prime Contractor agrees to pay each subcontractor under this prime Contract for satisfactory performance of its Contract no later than 10 business days from the receipt of each payment the prime Contractor receives from Augusta, Georgia Department of Transportation. The prime Contractor agrees further to return retainage payments to each subcontractor within 10 business days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above references time frame may occur only for good cause following written approval of Augusta, Georgia Department of Transportation. STATE AND LOCAL LAW DISCLAIMER Mobility agrees to comply with all applicable statutes, ordinances, and regulations of the United States, the U.S. Department of Transportation, the State of Georgia, and local governments. 32 CONTRACT TERMINATION PROVISIONS (49 CFR Part 18 4220.10) (APPLIES TO CONTRACTS OVER $10,000 UNLESS THEY ARE WITH A NOT FOR PROFIT OR INSTITITUION OF HIGHER LEARNING) A. Termination for Convenience - Augusta, Georgia may terminate this Contract in whole or in part, for Augusta, Georgia's convenience or because of the failure of Mobility to fulfill the Contract obligations. Augusta, Georgia shall terminate by delivering to Mobility a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, Mobility shall immediately discontinue all services affected, unless the notice directs otherwise, and delivery to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process. If the termination is for the convenience of Augusta, Georgia, the Contracting Officer shall make an equitable adjustment in the Contract price but shall allow no anticipated profit on unperformed services. B. Termination for Default - If Mobility does not deliver the goods or services provided by this solicitation in accordance with the provisions contained herein, or if Mobility fails to perform in the manner called for with regard to other provisions of a Contract awarded in conjunction with this solicitation, Augusta, Georgia may notify Mobility of its intention to terminate this Contract for default. Mobility shall be allowed fifteen (15) calendar days after receipt of the notice of intent to terminate for default in which to rectify the problems that were cause for such notice. Termination shall be effected by serving a final notice of termination on Mobility setting forth the manner in which Mobility may be paid for only items delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract. If it is later determined by Augusta, Georgia that Mobility had an excusable reason for not performing, such as strike, fire, flood, or other events which are not the fault of, or are beyond the control of Mobility, Augusta, Georgia, after setting up a new delivery of performance schedule, may allow Mobility to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure - Augusta, Georgia in its sole discretion may, in the case of a termination for breach or default, allow Mobility 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Mobility fails to remedy to Augusta, Georgia's satisfaction, the breach or default or any terms, covenants, or conditions of the Contract within ten (10) days after receipt by Contractor or written notice from Augusta, Georgia setting forth the nature of said breach, Augusta, Georgia shall have the right to terminate the Contract without any further obligation to. Mobility. Any such termination for default shall not in any way operate to preclude Augusta, Georgia from pursuing all available remedies against Mobility and its sureties for said breach or default. 33 RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 Mobility agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Access to Records -The following access to records requirements apply to this agreement: (1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), Mobility agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of Mobility which are directly pertinent to this agreement for the purposes of making audits, examinations, excerpts and transcriptions. Mobility also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a) (1), which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Mobility agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to Mobility's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes Contracts of less than the simplified acquisition threshold currently set at $100,000. (3) Where the Purchaser enters into a negotiated Contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other nonprofit organization and is the FT A Recipient or a subgrantee of the FT A Recipient in accordance with 49 C.F.R. 19.48, Mobility agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of Mobility which are directly pertinent to this Contract for the purposes of 34 making audits, examinations, excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a Contract for a capital project or improvement (defined at 49 U.S.C. 5302(a) (1) through other than competitive bidding, Mobility shall make available records related to the Contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (5) Mobility agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) Mobility agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Mobility agrees to maintain same until Augusta, Georgia, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i) (11). (7) FTA does not require the inclusion of these requirements in subcontracts. FEDERAL CHANGES 49 CFR Part 18 Federal Changes - Mobility shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA MA (2) dated October, 1995) between Augusta, Georgia and FTA, as they may be amended or promulgated from time to time during the term of this Contract, Mobility's failure to comply shall constitute a material breach of this agreement. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. Augusta, Georgia and Mobility acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this agreement and shall not be subject to any obligations or liabilities to Augusta, Georgia, Mobility, or any other party (whether or not a party to that agreement pertaining to any matter resulting from the underlying agreement. (1) Mobility agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions, PROGRAM FRAUD AND FALSE OR FRAUDELENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 35 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) Mobility acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U,S.C. § 3801 et seq, and U,S, DOT regulations, "Program Fraud Civil Remedies," 49 C,F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Contract, Mobility certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this Contract work is being performed, In addition to other penalties that may be applicable, Mobility further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1 986 on Mobility to the extent the Federal Government deems appropriate. (2) Mobility also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U,S,C, § 5307, the Government reserves the right to impose the penalties of 18 U,S,C, § 1001 and 49 U,S,C, § 5307(n)(1) on Mobility, to the extent the Federal Government deems appropriate, (3) Mobility agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A, It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions, TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1D Termination for Convenience - Augusta, Georgia, by written notice, may terminate this agreement, in whole or in part, when it is in the Government's interest. If this agreement is terminated, Augusta, Georgia shall be liable only for payment under the payment provisions of this agreement for services rendered before the effective date of termination. PRIVACY ACT 5 U.S.C. 552 Contracts Involving Federal Privacy Act Requirements -The following requirements apply to Mobility and its employees that administer any system of records on behalf of the Federal Government under any Contract: (1) Mobility agrees to comply with, and assures the compliance of its employees with, the 36 information restrictions and other applicable requirements of the Privacy Act of 1974. 5 U.S.C. § 552a. Among other things, Mobility agrees to obtain the express consent of the Federal Government before Mobility or its employees operate a system of records on behalf of the Federal Government. Mobility understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Contract. (2) Mobility also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. 49 CFR Part 26 Civil Rights - The following requirements apply to the underlying Contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended. 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, Mobility agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, Mobility agrees to comply with applicable Federal implementing regulations and other implementing requirements FT A may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract: (a) Race, Color, Creed. National Origin, Sex -In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, Mobility agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Depaitment of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. Mobility agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of 37 compensation; and selection for training, including apprenticeship. In addition, Mobility agrees to comply with any implementing requirements FTA may issue. (b) Age — In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, Mobility agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Mobility agrees to comply with any implementing requirements FT A may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, Mobility agrees that it will comply With the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, Mobility agrees to comply with any implementing requirements FTA may issue. (3) Mobility also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. CONTRACT ASSURANCE 49 CFR Part 26.13 Mobility or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in performance of the agreement. Mobility shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT assisted Contracts. Failure by Mobility to carry out these requirements is a material breach of this Contract, which may result in the termination of this agreement or such other remedy, as the recipient deems appropriate. PROMPT PAYMENT 49 CFR Part 26.29 Mobility agrees to pay each subcontractor under this agreement for satisfactory performance of its Contract no later than seven (7) days from receipt of each payment Mobility receives from Augusta, Georgia. Mobility further agrees to return retainage payments to each subcontractor with seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval by Augusta, Georgia. The clause applies to DBE and non -DBE subcontractors. In the case of dispute between a Contractor and a subcontractor regarding prompt payment for the satisfactory completion of work, including retainage, arbitration between parties is the dispute resolution of choice. 38 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1D Incorporation of Federal Transit Administration 1FTA) Terms -The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. Mobility shall not perform any act, fail to perform any act, or refuse to comply with any City requests, which would cause Augusta, Georgia to be in violation of the FTA terms and conditions. CLEAN AIR REQUIREMENTS 42 U.S.C. 7401 et seq. 40CFR 15.61 49 CFR Part 18 Mobility agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.0 7401 et seq. Mobility agrees 10 report each violation to Augusta, Georgia and understands and agrees that Augusta, Georgia Will, in turn, report each violation as required to assure notification to FT A and the appropriate EPA Regional Office. Mobility also agrees to include these regulations in each subcontract exceeding $100,000 financed in whole or in part with Federal Assistance provided by FTA. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Mobility agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. Mobility agrees to report each violation to Augusta, Georgia and understands and agrees that Augusta, Georgia will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Mobility also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. SEISMIC SAFETY REQUIREMENTS 42 U.S.0 7701 et seq. 49 CFR Part 41 Mobility agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. Mobility also agrees to 39 ensure that all work performed under this Contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. LOBBYING 31 U.S.C.1352 49 CFR Part 19 49 CFR Part 20 Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104.65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with nonfederal funds with respect to that federal Contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Appendix A, 49 CFR Part 20••Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal Contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL 104.65, to be codified at 2 U.S.C. 40 1601, et seq. The undersigned shall require that the language of this certification be included in the award documents 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 was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U,S,C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure./ [Note: Pursuant to 31 U.S,C. § 1352(c)(1 )- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure]. Mobility certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any, In addition, Mobility understands and agrees that the provisions of 31 U,S.C, A 3801, et seq" apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1D Disputes - Disputes arising in the performance of this agreement which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Augusta, Georgia, David Montanye, Augusta, Georgia DOT Director. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, Mobility mails or otherwise furnishes a written appeal to the Augusta, Georgia DOT Director. In connection with any such appeal, Mobility shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Augusta, Georgia DOT Director shall be binding upon Mobility and Mobility shall abide be the decision. Performance During Dispute - Unless otherwise directed by Augusta, Georgia, Mobility 41 shall continue performance under this agreement while matters in dispute are being resolved. Claims for Damages - Should either party to this agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between Augusta, Georgia and Mobility arising out of or relating to this agreement or its breach will be decided by arbitration — the parties mutually agree, or in a court of competent jurisdiction within Augusta, Georgia, Georgia. Rights and Remedies - The duties and obligations imposed by the agreement documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Augusta, Georgia, Architect, if applicable, or Contractor shall constitute a waiver of any right or duty afforded any of them under the agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. BUY AMERICA REQUIREMENTS Mobility agrees to comply with 49 U.S.C. §5232 U) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7 and included final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by the Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating or planning funds. Separate requirements for rolling stock are set out in 53230) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder must submit to Augusta, Georgia the appropriate Buy America certification located in the Attachments with all bids on FT A funded Contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non - responsive. This requirement does not apply to lower tier subcontractors. CONTRACT WORK HOURS AND SAFETY STANDARDS 40 U.S.C. § §327 -333 (1995) 29 C.F .R. §5 (1995) 29 C.R.F. § 1926 (1995) Pursuant to Section 102 (Overtime): Contract Work Hours and Safety Standards 42 Act Overtime requirements -No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forth hours in such workweek. Violation/ liability for unpaid wages - liquidated damages -In the event of any violation of the clause set forth in paragraph (1) of this section Mobility and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $1 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages - Augusta, Georgia shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Mobility of subcontractor under any such Contract or any other Federal Contract with the same prime Contractor, or any federally- assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts - Mobility or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Payrolls and Basic Records - Payrolls and basic records relating thereto shall be maintained by Mobility during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1 937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the David -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, Mobility shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is 43 financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.0 §5310, §5311, and §5333 29 CFP Part 215 Transit Employee Protective Provisions: Mobility agrees to comply with applicable transit employee protective requirements as follows: General Transit Employee Protective Requirements -To the extent that FTA determines that transit operations are involved, Mobility agrees to carry out the transit operations work on the underlying Contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA recipient's project from which Federal assistance is provided to support work on the underlying Contract. Mobility agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any Contract financed with Federal assistance provided by FTA either for projects for elderly individuals or individuals with disabilities authorized by 49 U.S.C. §5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. §5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5310(a)(2) for Elderly Individuals and Individuals with Disabilities -If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5310 (a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. §5333(b) are necessary or appropriate for the state and the public body sub - recipient for which work is performed on the underlying Contract, Mobility agrees to carry out the project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certifications to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. Mobility agrees to perform transit operations in connection with the underlying Contract in compliance with the conditions stated in that U.S. DOL letter. 44 Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5311 in Nonurbanized Areas -If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5311, Mobility agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. Mobility also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. ENVIRONMENTAL PROTECTION Mobility agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality ", 42 U.S.C. § 4321 note: FTA statutory requirements on environmental matters at 49 U.S.C. § 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.: and joint FTNFHWA regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES (ADA) Mobility agrees to comply with the requirements of 49 U.S.0 § 5301 (d) which expresses the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transit service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement those policies. Mobility agrees to comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § §12101 et seq., which requires the provision of accessible facilities and services, and with the following Federal regulations, including any amendments thereto: 1. U.S. DOT regulations, "Transportation Services for individuals with Disabilities (ADA), 49 CFR Park 37. 2. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27. 3. Joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Park 38. 4. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and local 45 Government Services ", 28 CFR Park 35. 5. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities ". 28 CFR Part 36. 6. U.S. GSA regulations, "Accommodations for the Physically Handicapped ", 41 CFR Subpart 101 -19. 7. U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, "29 CFR Part 1630. 8. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F. 9. FTA regulations, "Transportation for the Elderly and Handicapped Persons," 49 CFR Park 609. 10. Any implementing requirements FTA may issue. CHARTER BUS REQUIREMENTS 49 U.S.C. 5323(d) 49 CFR Part 604 Mobility agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one 01 the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605 Pursuant to 69 U.S.C. 5323(1) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 46 DRUG AND ALCOHOL TESTING 49 U.S.C. §5331 49 CFR Parts 653 and 654 Mobility agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative 01 the United States Department of Transportation or its operating administrations, the State Oversight Agency of Georgia, or the Augusta, Georgia to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. Mobility agrees further to certify annually its compliance with Parts 653 and 654 before February 1 and to submit the Management Information System (MIS) reports before March 1 to Augusta, Georgia Risk Manager. To certify compliance Mobility shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. [THIS SPACE INTENTIONALLY LEFT BLANK] 47 4.1 COUNTERPART EXECUTION This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one in the same agreement. 4.2 GENDER All personal pronouns used in this Agreement shall include the other genders whether used in the masculine or feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate 4.3 BENEFITS AND BINDING EFFECT All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of, and be enforceable by APT, Mobility and their respective successors and assigns 4.4 ENTIRE AGREEMENT 4.7 REMEDIES SECTION 4 — MISCELLANEOUS PROVISIONS This Agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, restrictions, warranties or representations between the parties other than those set forth herein or herein provided 4.5 EXHIBITS AND SCHEDULES All of the Exhibits, Addendums, Schedules, and RFP# 11 -082 hereto referred to in this Agreement are hereby incorporated herein by reference and shall be deemed and construed to be a part of this Agreement for all purposes. 4.6 SEVERABILITY OF PROVISIONS Any provision of the Contract which is found to be invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions of the Contract, or affecting the validity or enforceability of such provisions in any other jurisdiction. No single or partial exercise of any right, remedy, power or privilege hereunder shall in any way preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges 48 herein provided are cumulative and not exclusive of any rights, remedies, powers or privileges provided by law. 4.8 FORCE MAJURE Any delay or failure of performance by either party shall not constitute a default or give rise to any claims for damages if and to the extent the failure is caused by any of the following: • Acts of God, lightening, earthquake, fire, epidemic, landslide, drought, hurricane, tornado, explosion, failure of utilities, flood, nuclear radiation. • Condemnation or other taking by any government body. • Any order, judgment, action or determination of any federal or state court, administrative agency or government body. 4.9 LAWS GOVERNING AND VENUE OF ACTIONS This Contract shall be governed by, and construed in accordance with, the laws of the State of Georgia. The courts of Georgia, located in Augusta, Georgia, and, as applicable, the United States District Court for the Southern District of Georgia shall have exclusive jurisdiction to hear any claim between Mobility and Augusta, Georgia in connection with the Contract or the operation of the transit system, and Contractor submits to the jurisdiction and venue of such courts. 4.10 COMPLIANCE WITH LAW Mobility shall comply with all applicable federal. state and local laws and regulations relating directly or indirectly with providing transit services pursuant to this Contract. All buses and other equipment shall be maintained and operated at all times in compliance with all applicable rules. Regulations and codes governing the operation of vehicles or public conveyance of Augusta, Georgia and its municipalities and those of the State of Georgia and the United States. Augusta, Georgia shall comply with all federal and state laws and regulations applicable to Augusta, Georgia and related directly or indirectly to providing transit services. 4.11 WAIVER No provisions of this Contract may be waived except by written agreement of the parties. A waiver of any provision on one occasion shall not be deemed a waiver of that provision on any subsequent occasion. A waiver of any provision shall not affect or alter the remaining provisions of this Contract. 49 4.12 STRICT COMPLIANCE No failure of Augusta, Georgia to insist upon strict compliance by Mobility with any provision of this Contract shall operate to discharge, modify, change or affect any of the Contract obligations. 4.13 SURVIVAL All provisions of this Contract which contain continuing obligations shall survive its expiration or termination. 4.14 MUTUAL DISCUSSION In case of any dispute, claim, question, or disagreement arising from or relating to the Proposal or arising out of this Contract or the breach thereof, the parties shall first attempt to a resolution through mutual discussion. 4.15 FACILITATIVE MEDIATION If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to or arising out of this Contract or the breach thereof through mutual discussion, as a condition precedent to litigation, the parties shall in good faith participate in private, non - binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for expenses otherwise incurred. In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. During the course of mediation, any party to the mediation may apply for injunctive relieve from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. Augusta, Georgia or Mobility and any other parties involved in any way in the design or construction of this Project are bound, each to each other, by this requirement to mediate prior to the commencement of any litigation, provided that they have signed this Contract or an agreement that incorporates this Contract by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such 50 agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced. 4.16 CONFLICTING DISPUTE RESOLUTION PROVISIONS Neither party to this Contract shall enter into any Contract with regard to the Contract which directly or indirectly gives the right to resolve any dispute with, involving, or affecting the other to any other person or legal entity which is in conflict with the dispute resolution procedures required by this Article. 4.17 ARBITRATION PRECLUSION In case of a dispute relating to or arising out of this Contract, no party to this Contract shall be required to participate in or be bound by any arbitration proceedings 4.18 TIME IS OF THE ESSENCE Time is of the essence in the performance of all work and services to be provided hereunder. 4.19 CAPTIONS The captions are for convenience of reference only and shall not be construed as a part of this Agreement. [THIS SPACE INTENTIONALLY LEFT BLANK] 51 IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the date first written above. Apo C1t6egmmissi (SEAL) Attest: AUGUSTA, GEORGIA 1y: 52 Deke S. Copenhaver, Mayor MOBILITY TRANSIT SERVICES, LLC President & CEO; Managing Member SECTION 1— AUGUSTA, GEORGIA DUTIES AND RESPONSIBILITIES Augusta, Georgia has the following responsibilities and performs the following duties with respect to APT. (Mobility Transit Services, LLC ( "Mobility ") will assist Augusta, Georgia in this regard). A. System Planning and Administration Augusta, Georgia is responsible for all planning activities relative to APT routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, preparation of planning documents, budgets, grant applications and related documents, and other such activities relative to the overall system administration. B. Advertising and Promotions EXHIBIT A OPERATIONS AND MAINTENANCE OF AUGUSTA PUBLIC TRANSIT SCOPE OF WORK Augusta, Georgia shall prepare and pay for all advertising and promotional materials designed to inform APT patrons of APT operations and to promote ridership. C. Media Inquires AUGUSTA, GEORGIA WILL RESPOND TO ALL MEDIA INQUIRIES. D. Operations and Maintenance Facility Augusta, Georgia shall provide the operations and maintenance facility for APT. The facility is located at 10535 Fenwick Street, Augusta, Georgia. The following functions are undertaken at this facility: • Fixed Route Dispatch • Fixed Route Operations • Paratransit Dispatch • Paratransit Operations • Driver Break Room • Payroll • Safety and Training • Service, Maintenance and Fueling • Customer Service • Department Management and Administration • Farebox Probing, Vault and Revenue Counting • Rural service Management and Administration 1 E. Vehicles and Equipment F. Computers Computer hardware and software will be provided and maintained by Augusta, Georgia. G. Internet Access J. Fuel Note: Augusta, Georgia will be constructing a new transfer facility, transit center, and relocating the administrative and maintenance buildings. When the facilities are completed all personnel will move accordingly. Augusta, Georgia will provide to Mobility the vehicles set forth in Exhibit 7 entitled "APT Revenue and Non - Revenue Vehicle Inventory ". These vehicles and equipment shall only be used for activities directly related to the transit system covered by this Contract, unless otherwise authorized, in writing, by Augusta, Georgia. Augusta, Georgia has established that non - revenue vehicles are to be used for APT business purpose only, and are not to be driven for after -hours use. This requires all vehicles to be left at APT offices overnight. Any variation from this policy must have written authorization from Augusta, Georgia. Access to the Internet by Mobility employees requires approval of the Augusta, Georgia's IT Department. Augusta, Georgia will absorb the cost of approved Internet. H. Fax Machine Mobility shall provide at a minimum one (1) fax machine. I. Copy Machines Mobility shall reimburse Augusta, Georgia for all costs associated with all copy machines located in Mobility work areas including maintenance, paper, per copy cost, toner, and any servicing. Once Augusta, Georgia's copy agreement has expired, Mobility may elect to purchase its own copier(s). Mobility will provide diesel fuel for APT revenue vehicles. Mobility shall pay for the fuel used for Mobility support vehicles, i.e. supervisor's vehicles. K. Schedules, Passes, and Tickets Mobility will prepare, print, and provide all schedules, passes, tickets, and like materials 2 required by APT operations. Mobility shall assist Augusta, Georgia in developing new route schedules or revising route schedules. Mobility shall distribute and disseminate such materials in accordance with the provisions of this Contract and any direction supplemental thereto provided by Augusta, Georgia. Mobility is responsible for placing schedules at various locations throughout Augusta, Georgia. Each location shall be checked on a monthly basis by the Mobility to ensure that an adequate number of current APT route timetables are available at each location. Augusta, Georgia will provide Mobility with a list of locations. L. Radio Communication Systems Augusta, Georgia has implemented a Citywide 800 MHz communication system. Fixed route paratransit vans, rural vans, and support vehicles are equipped with Augusta, Georgia communication equipment and all operate on Augusta, Georgia system. A sufficient number of handheld radios are also provided to Mobility. Lost handheld radios shall be replaced by Mobility to the satisfaction of Augusta, Georgia and a police report must be submitted to Augusta, Georgia for any radio reported stolen. Augusta, Georgia is financially responsible for providing the radio license, all radio equipment and equipment installation. A separate firm is responsible for maintenance of radios at Augusta, Georgia's expense. Augusta, Georgia establishes the communication policies and procedures with which Mobility will comply. M. Fareboxes Augusta, Georgia provides the electronic farebox system for the fixed route system, including the software and hardware. At present, the fareboxes are manufactured by GFI Genfare. Augusta, Georgia's fare collection system utilizes bus validating fareboxes complete with a cash box and card reader. The system also utilizes trim units. The fixed route buses utilize a 32 inch Odyssey farebox. Mobility is responsible for the maintenance of the fareboxes. N. Electronic Destination Signs Augusta, Georgia provides the electronic destination signs for the fixed route buses. The fixed route buses have Luminators signs, and eight (8) of the paratransit buses have no destination signs. APT has started the process of all future bus purchases will include voice enunciators. O. Revenue Collection Equipment Augusta, Georgia will provide a coin sorter /counter and bill counter. Mobility shall maintain the equipment in good operating condition at all times and provide quarterly preventative maintenance by an authorized dealer. Mobility shall provide Augusta, Georgia with quarterly preventative maintenance reports. P. Notification - Potential Interference with APT Operations Augusta, Georgia will make a reasonable effort to notify Mobility in advance of any road closures, detours, parades, or other such events under City jurisdiction, which may interfere 3 with APT operations or require deviations from established routes or schedules. SECTION 2 - MOBILITY DUTIES AND RESPONSIBILITIES A. Operations Mobility shall provide the necessary management, technical and operating services for the operation of Fixed Route, Paratransit, and Rural Transit as specified by Augusta, Georgia. Mobility shall assist and cooperate with Augusta, Georgia in meeting the objectives of providing quality transportation services. Mobility shall perform close liaison activities, coordination, and cooperation with Augusta, Georgia on matters related to operations, monitoring, reporting and service performance measurements, and will respond immediately to any inquiries, concerns, and request of Augusta, Georgia. Mobility shall furnish all equipment and services required in the operation and management of APT, unless specifically identified to be contributed by Augusta, Georgia in all Exhibits, Addendums, Schedules, and RFP# 11 -082 hereto referred and incorporated in this Agreement. 1. Fixed Route Service Using vehicles and equipment provided by Augusta, Georgia, Mobility will operate fixed route bus services as specified by Augusta, Georgia. Fixed route bus service shall be operated in strict accordance with the operating days and hours, routes and schedules, set forth, and shall provide such service in a safe, professional, and courteous manner. Fixed route service hours and the peak period bus requirements may vary over the term of the Contract depending upon funding and other considerations. Mobility is authorized to deviate from established routes when necessary to avoid construction detours and vehicles or other obstructions within the public right of way as long as missed bus stops are covered by a supervisor. All deviations are to be reported to Augusta, Georgia immediately. In the event that a fixed route bus operates more than ten minutes behind schedule, Mobility shall report this to Augusta, Georgia immediately, and take all available steps to restore on time performance. Mobility shall establish procedures, subject to City review and approval, to restore on -time performance in a timely and on -going consistent manner. Mobility is responsible for developing and distributing all schedule blocks and run cuts in conformity with Augusta, Georgia's prior approval and specifications. A dispatcher is required to be on duty in the fixed route dispatch office at all times while buses are in service. The dispatcher will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers, supervisors and maintenance personnel regarding operations, service, safety, and 4 customer service issues. Detailed logs must be kept on ALL communications through an automated system to be provided by Mobility and approved by Augusta, Georgia. When requested by Augusta, Georgia, drivers will distribute notices to passengers or otherwise render assistance in Augusta, Georgia's customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and /or validate passes and tickets; issue, collect, and validate transfers, as determined by Augusta, Georgia. Drivers will be properly trained regarding adding cash value on a Breeze Card. Drivers shall verify all Breeze Card fare payments and shall not let a passenger ride if the proper fare has not been paid. Drivers will verify cash fares deposited in the fare box, and are not permitted to handle fares. If a passenger is unable to deposit their fare in the farebox, due to a disability, the driver may assist the passenger. Drivers will record ridership counts by passenger categories using the electronic farebox system provided on the bus. Drivers shall have available, at all times during the operation of any bus, an accurate time piece set each day to conform to the National Bureau of Standard Time, and a flashlight for pre -trip and post -trip inspection. Drivers will be required to operate the lift, ramp, kneeling features, and assist in securing wheelchair and scooters. Some APT fixed route buses are equipped with Automatic Vehicle Enunciator Equipment. Drivers will be required to activate the equipment and make sure it is programmed properly. Drivers will be required to announce all ADA required stops when the Automatic Vehicle Enunciator Equipment is not working or available on the bus. Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in Mobility's Operating Rules and Procedures and State of Georgia DOT requirements. Mobility must provide a reliable monitoring program to insure a high performance capability in achieving consistent on -time performance. Mobility will be responsible for, through routine daily monitoring of transit services, of accumulating data and assembling reports that assist in identifying equipment, schedule, or service level improvements. The monitoring may, from time to time, include ridership statistics; i.e. passenger counts by trip or block, on -time performance and run -time data, on board ride checks and analysis of schedule, route or service problems. Mobility is responsible for adjusting transit monitoring personnel levels and utilizing existing personnel with other permanent duties as needed to assist in ensuring a consistent high quality of service. The monitoring plan and procedures are subject to City approval. Augusta, Georgia requires a strong Supervision Component that provides adequate street supervision at all times buses are operating. Mobility must implement a program that provides adequate geographic coverage throughout the transit system's service 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 area with assurances that there will be a prompt response to accident investigations or service incidents. Because of the geographic size of the service area, street supervision staffing must be evaluated carefully. Augusta, Georgia requires an immediate response time to service incidents including the out of City service points. A special emphasis must be placed on supervision at all APT locations. Mobility shall immediately notify Augusta, Georgia of a service incident. Mobility is required to provide the names of the supervisors who worked exclusively for fixed route, and the number of hours worked per day. This information shall be turned in daily. On a daily basis, fixed route supervisors shall do an on -time check of 10% of all trips. Time checks shall be conducted at the Transfer Center and at any location requested by Augusta, Georgia. Time check reports shall be turned into Augusta, Georgia on a daily basis. Augusta, Georgia will not pay revenue hours for ANY bus that is driven by a supervisor, manager and/or safety personnel unless Mobility has obtained PRIOR authorization from Augusta, Georgia. 2. Paratransit Paratransit service shall be operated in strict accordance with the established operating days and hours or any revisions thereto. The actual number of trips and hours may vary over the term of the Contract. Past history data should be used as approximations. The actual service may increase or decrease over the term of the Contract, depending on the demand for service, the characteristics of the fixed route service, Augusta, Georgia budget or based on changes in the ADA law. Mobility shall employ qualified personnel to review all applications for certification or recertification and make eligibility determinations, following the Federal Americans with Disabilities Act (ADA) requirements. Mobility is responsible for coordinating this process, commencing with distributing application forms, evaluating completed applications, responding to customers on the certification status, and maintaining an automated database on all certified customers. Mobility is responsible for all tasks and costs associated with the certification and/or recertification process, and the mailing of all paratransit information materials. Mobility, as required by the ADA, will communicate certification decisions to customers within twenty -one (21) days of receipt of the completed application. Mobility will provide Augusta, Georgia with monthly reports showing the status of all certification applications and the time required to determine and communicate their decisions to the applicant. Appeals of decisions will be directed to Augusta, Georgia for response. Mobility will provide Augusta, Georgia with all necessary information to evaluate the appeal. 6 A hard copy file shall be developed and maintained on all paratransit applicants whether approved or denied, and a copy of all correspondence sent to the applicant by Mobility shall be maintained in this file. Augusta, Georgia shall have access to these files at all times. At no time shall paratransit files be inaccessible to Augusta, Georgia personnel. Mobility will coordinate the certification and recertification of paratransit participants as directed by Augusta, Georgia. Mobility is to assume all tasks and costs associated with the recertification process. Augusta, Georgia reserves the right to modify the Contract to remove recertification function. Mobility will be responsible for issuing ADA eligibility photo identification cards. The photo ID will be issued according to Augusta, Georgia's current procedures and in conformance with the ADA regulations. Mobility is responsible for providing the Photo ID Equipment and the special photo ID Cards. All reports produced for paratransit service and forwarded to Augusta, Georgia must be produced through Augusta, Georgia's Computerized Scheduling Software. No handwritten reports will be accepted. Custom reports are required and the information on the reports must be linked from scheduling software. Reservations must be taken during normal business hours. The current hours and days for taking reservations are from 8:00 a.m. -4:00 p.m. Monday through Friday, even if a holiday is observed on those days. Augusta, Georgia will not pay an additional charge if reservations must be taken on a holiday. These hours are subject to modification based on ADA regulations or changes in service hours or days. Mobility will provide an automated reservation, scheduling, and dispatching program for the provision of paratransit service. The software will be capable of scheduling all requested trips per day and integrating the requests for service into efficient vehicle routes that maximize productivity, minimize the cost to Augusta, Georgia, and assure quality service. All paratransit trips shall be scheduled using real -time scheduling, and all trips must be placed on a route, Augusta, Georgia's present scheduling software (Trapeze) will be used by Mobility. Flexibility is required in the deployment of vehicles throughout the day, Mobility shall be required to schedule passenger trips and deploy vehicles to provide service to meet service demand in the most efficient and cost effective manner while meeting ADA requirements. Where necessary, Mobility must be prepared to employ shifts to provide more service during peak service hours and /or be prepared to deploy a vehicle to handle a small number of trips, or just one trip. Mobility is responsible for meeting ADA requirements relative to the delivery of service, including picking up trips within the 30- minute window. Mobility shall notify the customer in the event of an unavoidable delay. 7 Mobility shall give Augusta, Georgia a six (6) month written notice of the need for additional paratransit vehicles. Mobility shall justify the reason(s) for needing the additional vehicles. Mobility shall provide the necessary reservation personnel to efficiently respond to incoming calls for reservations requests, trip revisions, general information, and complaints or commendations, Reservation personnel must be well versed in ADA law and Augusta, Georgia's requirements for the provision of paratransit service. Reservation personnel will maintain a daily log of all telephone requests received and include information on trip revisions and cancellations, Reservation personnel shall be required to operate the automated paratransit reservation system. Reservation and dispatch personnel must be able to operate TDD equipment for communication with hearing impaired patrons. Good customer relation skills are vital for all reservation personnel. Augusta, Georgia will pay for paratransit service on a per -trip basis, regardless of the distance or the time it takes to complete the trip. Augusta, Georgia will not pay for cancellations or no shows. Augusta, Georgia will not pay for any paratransit trip in which a supervisor, manager and/or safety personnel drove the bus without approval by Augusta, Georgia. A paratransit personnel is required to be on duty in the paratransit office at all times while vans are in service. The dispatcher will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers, supervisors and maintenance personnel regarding operations, service, safety, and customer service issues. Detailed logs must be kept on ALL original communications. When requested by Augusta, Georgia, drivers will distribute notices to passengers or otherwise render assistance in Augusta, Georgia's customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and/or validate passes and tickets; and issue, collect, and validate transfers, as determined by Augusta, Georgia. Drivers will verify cash fares, Drivers will record revenue counts by passenger on the driver's manifest. The fare collected is to be totaled by the driver at the end of each tour. Drivers will also record on the manifest all critical times and mileage necessary to document: • Number of Trips. • Revenue Hours and Revenue Mileage -First pickup to last drop off, excluding lunch and breaks. • Service Operation -Sign in, depart yard, arrive /depart each pickup, arrival back at yard, and sign off. 8 Drivers will be required to operate the lift and assist in securing wheelchair and scooters. Drivers must assure that all passengers, in scooters or wheelchairs, are secured by seat belts and wheelchair restraining systems, Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in Mobility's Operating Rules and Procedures, and State of Georgia DOT requirements, Drivers must wait five (5) minutes at the trip origin location AFTER the appointed pick up time, or five (5) minutes upon arrival if arriving after the scheduled pick up time, before a passenger can be considered a no -show and the driver departs the location. Drivers must communicate immediately with Dispatch in all cases where a passenger is a no -show. Dispatch must approve the driver to no -show the passenger and place the information on the dispatch log. A strong Supervision Component is required for the paratransit program. This must include ensuring that ADA requirements are being followed in the paratransit service delivery and that information related to fares, mileage, trips, and revenue hours is being reported accurately. 3. Rural Rural transit service shall be operated Title 49 USC Section 5311 and GDOT guidelines. It shall also be operated in strict accordance with the established operating days and hours or any revisions thereto. The actual number of trips and hours may vary over the term of the Contract. Past history data should be used as approximations. The actual service may increase or decrease over the term of the Contract, depending on the demand for service. Reservations must be taken during normal business hours. The current hours and days for taking reservations are from 8:00 a.m. -2:00 p.m. Monday through Friday, even if a holiday is observed on those days. Augusta, Georgia will not pay an additional charge if reservations must be taken on a holiday. Mobility will use Augusta, Georgia's automated reservation, scheduling, and dispatching program for the provision of rural service. All rural trips shall be scheduled using real -time scheduling, and all trips must be placed on a route. Augusta, Georgia's present scheduling software (Trapeze) will be used by Mobility. Reservation personnel will maintain a daily log of all telephone requests received and include information on trip revisions and cancellations. Reservation personnel shall be required to operate the automated reservation system. 9 Reservation and dispatch personnel must be able to operate TDD equipment for communication with hearing impaired patrons. Good customer relation skills are vital for all reservation personnel. Mobility will pay for rural transit service regardless of the distance or the time it takes to complete the trip. Rural transit service is a reimbursable expense. A rural personnel is required to be on duty in the rural office at all times while vans are in service. Rural personnel will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers and maintenance personnel regarding operations, service, safety, and customer service issues. Detailed logs must be kept on ALL original communications. When requested by Augusta, Georgia, drivers will distribute notices to passengers or otherwise render assistance in Augusta, Georgia's customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and /or validate passes and tickets; and issue, collect, and validate transfers, as determined by Augusta, Georgia. Drivers will verify cash fares. Drivers will record revenue counts by passenger on the driver's manifest. The fare collected is to be totaled by the driver at the end of each tour. Drivers will also record on the manifest all critical times and mileage necessary to document: • Number of Trips. • Revenue Hours and Revenue Mileage - First pickup to last drop off, excluding lunch and breaks. • Service Operation - Sign in, depart yard, arrive /depart each pickup, arrival back at yard, and sign off. Drivers will be required to operate the lift and assist in securing wheelchair and scooters. Drivers must assure that all passengers, in scooters or wheelchairs, are secured by seat belts and wheelchair restraining systems. Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in Mobility's Operating Rules and Procedures and State of Georgia DOT requirements. Drivers must wait five (5) minutes at the trip origin location AFTER the appointed pick up time, or five (5) minutes upon arrival if arriving after the scheduled pick up time, before a passenger can be considered a no -show and the driver departs the location. Drivers must communicate immediately with Dispatch in all cases where a passenger is a no -show. Dispatch must approve the driver to no -show the passenger and place the information on the dispatch log. 10 B. Fuel and Maintenance At present, fueling of the rural transit vans is done by the use of Augusta, Georgia's Fuel Card System. Maintenance of the vans is performed by an outside private contractor. Mobility will be responsible for how these functions will be performed under this proposal. C. Safety A strong Supervision Component is required for the rural program. Mobility shall assume full responsibility for assuring that the safety of passengers, personnel, members of the public and Augusta, Georgia's vehicles and equipment are maintained at the highest possible level throughout the term of this Contract. In this regard, Mobility will develop and implement an ongoing comprehensive safety program covering all aspects of the system. The Safety Program must meet at a minimum at all times, all applicable Federal, State and Local regulations. The Safety Program must be submitted and approved by Augusta, Georgia one month prior to service startup. Mobility will require all drivers, supervisors, dispatchers, mechanics, and managers to participate in the Safety Program. The following areas are to be included in the Safety Program: 1 . Safety Reviews and Accident Prevention The program will include provisions to regularly review all aspects of the operation to ensure that the service being provided meets the highest level of safety standards. This will include audits of vehicles and equipment, delivery of accident prevention programs, holding monthly safety meetings, and ensuring follow -up of findings. 2. Emergency Preparation Mobility will develop written procedures and provide training programs to address all types of emergency situations, including accidents, crime /security incidents, inclement weather, bomb threats, and acts of terrorism. 3. Accident/Incident Response and Reporting Mobility shall develop and implement written procedures, subject to City review and approval, to respond to and report all accidents and incidents. Such occurrences are to include vehicle accidents, passenger injuries or disturbances, employee injuries, and lift failures on in- service buses. All traffic accidents involving transit system vehicles are to be reported immediately to the Richmond County Sheriff Department or other appropriate police unit, as well 11 as Augusta, Georgia. 4. Accident Investigation, Rating and Follow -up Mobility will develop procedures to investigate, review and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline revision, or equipment maintenance or technical correction required, together with a follow -up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the U.S. Department of Transportation. D. ADA Requirements The program will encompass provisions for meeting ADA public transit requirements, including the policies, regulations and training of all bus operators in the safe use of all ADA bus equipment. Requirements include the operation of wheelchair lift equipment, wheelchair securement procedures, lift standee policies, operation of bus kneeling features, public address system, vehicle enunciator equipment, the need to make ADA stop announcements even if the vehicle enunciation equipment fails, boarding and securing of mobility devices, service animal regulations, first aid, CPR, and an awareness of a variety of disabilities and the medical symptoms or risks associated with them. The program shall also include an extensive Sensitivity Training Program with corrective action listed. E. Drug and Alcohol Testing Program 49 CFR Parts 653 and 654 Mobility agrees to establish and implement a Drug and Alcohol Testing program that complies with all applicable laws including 49 CFR Parts 655 and 40, produce any documentation necessary to establish compliance with Parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Georgia, or Augusta, Georgia to inspect the facilities and records associated with the implementation of the Drug and Alcohol Testing Program as required under 49 CFR Parts 655 and 40 and review the testing process. Mobility agrees further to certify annually its compliance with Parts 655 and 40 before December 31 of each year and to submit the Management Information System (MIS) report before February 15 of each year, to the Augusta, Georgia Department of Transportation prior to transmitting it electronically to the FTA. To certify compliance, Mobility shall use the "Substance Abuse Certifications" in the Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements ", which is published annually in the Federal Register. 12 F. Bus Roadeo /Memberships Mobility will be responsible for the planning, organization, cost and carrying out of the transit system's participation in local, state and national bus roadeo competitions. This involvement includes training, course knowledge, competition regulations and the actual event coordination. The bus roadeo competitions for fixed route, paratransit, and rural operators are an important safety and training opportunity. Augusta, Georgia will encourage Mobility's continued active involvement in this safety /training function for all fixed route, paratransit and rural drivers. Mobility will be responsible for any professional association memberships to enable local bus roadeo winners to participate in the National Roadeo. This includes a membership in the American Public Transit Association and the Georgia Transit Association. G. Customer Service Mobility will operate a Customer Service Program, which accomplishes the following: 1. Customer Inquiries, Complaints, and Commendations A main focus of the Customer Service Program is the handling of all customer /public inquiries, complaints or commendations received by mail, fax, e-mail, phone, or in person. Customer service shall be provided during all hours that APT revenue service is operating. All inquiries, complaints, or commendations shall be recorded on a permanent customer comment form. The comments are to be routed to the appropriate department for research and follow -up action. All complaints shall be initially responded to within 24 hours from the time of receipt of the complaint, Monday through Friday. Complaints received on Friday or Saturday shall be responded to on Monday. The complaint shall be researched, and a follow -up call shall be made to the customer within seven (7) working days. An important requirement of the program is the supervision of information responses to assure quality control, accuracy and customer service. In addition, Mobility shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality and level consistent with customer demand. 2. Computerized Database of Customer Complaints, Comments and Commendations A monthly comprehensive report is to be provided to Augusta, Georgia showing a summary of all customer communication (both received and sent). The report is to be organized by the customer comment category, by bus route, date, and customer name 13 or employee name. Follow -up action taken to address the concerns must be specified in the report. This report shall be forwarded to Augusta, Georgia within ten (10) days from the close of the previous month. H. Fare Media Sales Program Mobility will sell fare media for all APT services at the Transfer Facility. Hours of sales at the Transfer Facility are 8 a.m. -5 p.m. on weekdays. Augusta, Georgia may also add additional locations where Mobility shall sell media fare. Augusta, Georgia reserves the right to modify the hours of fare media sales and pass sales. Mobility will accept payment by cash and /or money order. All revenues from the fare media sales are to be included in the passenger fare deposits and belong to Augusta, Georgia. Mobility must provide complete accountability to Augusta, Georgia for this program. A periodic inventory of fare media will be conducted yearly, or at Augusta, Georgia's request. Mobility is responsible for fare media inventory control. If the inventory of fare media indicates missing fare media, Mobility will be required to reimburse Augusta, Georgia the face value of the fare media. I. Lost and Found Program Mobility will be responsible for operating a Lost and Found Program and shall manage all goods lost and found on the buses or at the transit facilities. This may include fielding inquiries on the phone or in person. Lost and found items are to be held in a secure location and are to be held for thirty (30) days (unless the item is of great value). Items of great value shall be reported to Augusta, Georgia, and held until further notice from Augusta, Georgia. After 30 days, all items must be inventoried and turned over to Augusta, Georgia. J. Reduced Fare Program Mobility is responsible for issuing special identification cards to disabled individuals (those who do not qualify for ADA services) under the guidelines associated with the APT Reduced Fare Program and FT A guidelines. Mobility shall be responsible for managing the Reduced Fare Program and maintaining accurate and up to date files on all passengers who have been issued Reduced Fare Identification Cards. This information shall be maintained on a computerized database. K. Bus Stops Mobility is responsible for maintaining and updating a computerized APT bus stop inventory which delineates the location of all bus stops, the routes that serve each stop, and the improvements located at each stop. Mobility shall assist Augusta, Georgia in the evaluation of requests for additional stops and make recommendations to Augusta, Georgia on stop additions, removal and relocations. The recommendations need to be based on ADA, safety and community 14 considerations. This task will be undertaken for new routes. Mobility shall assist Augusta, Georgia in making recommendations on all bus stops for new routes or realigned routes. The recommendations are to be accompanied by complete documentation for each of the proposed signs, including sketches of the site with information on adjacent roads, land uses, and ADA requirements. Mobility will be responsible for labor and materials used in the performance of this work. Mobility will be responsible for maintaining bus stops or bus shelters. L. Revenue Collection, Reconciliation and Deposit Mobility will develop a Revenue Management Procedures Manual to ensure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to local and federal requirements. This manual is to be submitted to Augusta, Georgia and approved one month in advance of service startup. The following is to be incorporated into the manual: • Fare Media Sales Program o General Guidelines o General responsibilities of ticket sales agents. • Point of Sale Cash Registers o Cash register transaction procedures o Sample transaction • Payments made by Check • Multiple forms of Payment • Refund Policy • End of Shift and Balancing Cash Drawer • Closing the Day • Vault Room Procedures • Deposit Procedures • Daily Revenue Reconciliation The following shall also be incorporated into the manual: 1 All revenue collected by Mobility for all services is the property of Augusta, Georgia. 2 Mobility shall reimburse Augusta, Georgia for any revenues missing or stolen from vehicles or facilities. 3 Augusta, Georgia will establish the fare structure for the system. Any changes to the fare structure, authorized by Augusta, Georgia, will be implemented by Mobility in the manner and at the time prescribed by Augusta, Georgia. 4 Drivers shall be required to ensure that each patron pays the appropriate fare prior to being provided transportation services. 5 Drivers will not handle cash or make change for passengers. 15 6 If a passenger is unable to deposit their fare into the farebox due to a disability, the driver may assist the passenger. 7 Drivers will record ridership counts by passenger categories using the electronic farebox for the fixed route service and driver's manifests for the paratransit and rural service. 8 Mobility shall maintain the security of the fareboxes on the buses and the associated revenue collection system. Drivers will immediately report to dispatch all problems arising with the farebox. In the event of a farebox malfunction, drivers must seek permission from dispatch before placing the farebox in bypass mode and it shall be noted on the dispatch log. Mobility is to immediately take actions to fix the farebox problem, either by providing verbal directions to drivers, dispatching a supervisor or maintenance personnel to the bus, or taking the bus out of service. 9 Service personnel will probe the fare boxes at the probing station each night and will remove the cash box. Service personnel will place the cashbox in the vault via the outside vault door and close the vault door. Money will be automatically dumped into the large vault. After 10 seconds the vault mechanism releases the door and the cashbox. Service personnel will remove the cashbox from the vault and place the cashbox into the farebox. Accurate records will be kept of the cash boxes removed and replaced for each bus. Any problems with these procedures shall immediately be reported to dispatch. Dispatch will then secure the assistance of supervisory or service personnel to complete these tasks. 10 Money is not to be left in any revenue vehicle overnight or when the vehicle is transported to an off property garage or site. 11 Revenue is to be counted daily by staff, independent from paratransit and fixed route operations. There must be a minimum of two staff members in the count room at all times during the count. 12 All discrepancies are to be investigated and accompanied with an explanation report to Augusta, Georgia. This report must be received within two business days of the discrepancy. Mobility is solely responsible for lost or stolen fare revenue. APT tickets and passes and shall reimburse Augusta, Georgia for lost or stolen fare revenue. APT Tickets and passes. 13 Revenues are to be deposited daily into Augusta, Georgia's bank account at Augusta, Georgia's bank, except for Saturday. Friday and Saturday revenues will be deposited on Monday. Augusta, Georgia will assume costs of armored transport of revenues to the bank. 14 Mobility will sell tickets and passes to the public at the Transfer Facility. Mobility will accept payment by cash, check (No personal), and money order. Augusta, 16 Georgia may add additional locations for sales in the future, or extend the hours of sale. Mobility shall keep a sufficient amount of change on hand to handle cash sales. Mobility will establish, implement and monitor procedures to ensure proper accounting of all tickets and passes and revenue collected. Augusta, Georgia will perform audits of these procedures to ensure compliance with City and federal requirements. Mobility is responsible for lost, stolen, or damaged APT Tickets and passes. 15 Mobility is to regularly review procedures and their implementation to ensure that the process is being administered properly and that all revenue is reported and handled in a manner that meets City and federal requirements. M. Records and Reports All records and reports are the property of Augusta, Georgia. Mobility must maintain detailed records in all areas of the operation. This information is vital to ensure compliance with city, federal, and state requirements, and to enable a thorough monitoring and evaluation of the system, including ridership, revenue, maintenance activities, fixed route, express and paratransit service efficiency and effectiveness of customer feedback. Mobility must develop and implement a plan to ensure the development of a comprehensive and accurate record keeping and reporting program that encompasses all aspects of the operation. This record keeping /reporting plan is to be submitted to Augusta, Georgia one month prior to service start -up, and is to be approved by Augusta, Georgia prior to start up. The following are to be incorporated in Mobility's record keeping/reporting plan: • The program must utilize automated data processing to facilitate the efficient compilation and comprehensive analysis of the required data reports. • All data and records collected pertinent to the Contract must be accessible in the form of a hard copy and an electronic medium accessible by Augusta, Georgia at any time. This information also needs to be accessible by the Federal Transit Administration, the Comptroller General of the United States or any of their authorized representatives pursuant to 49 CFR. 18.36(1). • Data processing records must have the ability to be downloaded onto a City medium and must be accessible to Augusta, Georgia at any time. • Mobility agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract. • Mobility shall allow Augusta, Georgia access and inspection of records and 17 reports. Further, any duly authorized representative of Augusta, Georgia shall be permitted to observe and inspect any and all of Mobility's subcontracted facilities and activities for the purpose of evaluating and judging the nature and extent of Mobility's compliance with the provisions of this agreement. In such instances, Augusta, Georgia's representative(s) shall not interfere with or disrupt such activities. • Mobility is responsible for compiling information regarding the fixed route and paratransit operations, including vehicle revenue hours, vehicle mileage, passenger trips and service failures for the preparation of the National Transit Database report. This report is critical to the receipt of federal funding, and Mobility must insure that all deadlines and procedures established by the FTA regarding the report are followed and any follow -up responses are addressed in a timely manner. • Mobility operations staff shall have technical training and a clear understanding of all aspects of the NTD Report including how to develop an FTA approved methodology for collecting passenger data during mandatory sampling years. In addition, on a monthly basis, Mobility shall provide the required NTD information along with all backup information. This information shall be supplied with the monthly invoice. N. City Notification - Immediately for Fixed Route. Paratransit and Rural Service 1 Accidents -any City vehicle or passenger. 2 Incidents that delay route more than 10 minutes. 3 Missed trips. 4 Major bus failure -any disabled bus. 5 Detour or deviation off normal routes, this includes deadhead routes. 6 Any incident whereby police or fire are contacted for assistance. O. Personnel Mobility is responsible for developing an organization and personnel plan for the operation and for all responsibilities relating to the employment, training and supervision of the employees. All present APT personnel will be retained for a minimum of two (2) years unless otherwise dismissed for rules and /or policy violations. (Exhibit 1) P. Organizational and Personnel Plan Mobility will provide an organization and personnel plan identifying staffing levels for each division. The plan needs to detail the job descriptions, full time or part time designation, shifts, days of assignment and projected annual hours. The organization and staffing levels need to enable the delivery of a public transportation service that meets Augusta, Georgia's goals. As conditions change during the life of the Contract, Mobility is required to develop revisions to this plan to ensure the delivery of quality transit 18 service. 1 . Management Mobility shall provide management staffing at a level and capability sufficient to oversee its functions and employees. Mobility shall designate and provide the services of a full -time General Manager, subject to the approval of Augusta, Georgia, who shall provide overall management and supervision of APT under the terms of this agreement. The General Manager must have a minimum of eight years in public transportation operations, including at least five years upper level supervisory experience. The General Manager shall work cooperatively with Augusta, Georgia's Transit Division Manager in mailers relating to service quality, providing operational and other data as described in the Scope of Work, responding to comments from APT passengers and the general public, and responding to specific requests for other assistance as the need arises. Mobility shall assure Augusta, Georgia that the General Manager designated for this project will not be replaced without the written consent of Augusta, Georgia. Should the services of the General Manager become unavailable to Mobility, the resume and qualifications of the proposed replacement shall be submitted to Augusta, Georgia for approval as soon as possible, but in no event later than ten (10) working days prior to the departure of the incumbent General manager, unless Mobility is not provided with such notice by the departing employee. Augusta, Georgia shall respond to Mobility within three (3) working days following the receipt of these qualifications concerning acceptance of the candidate for replacement of the General Manager. The departing City Director will brief any new General Manager of ongoing and upcoming issues. The office of the General Manager will be physically located at APT's operations and maintenance facility. The General Manager will be expected to remain at the facility or otherwise within the APT service area as appropriate to the maximum extent possible. At all times, the General Manager or designee to act for the General Manager, shall be available either by phone or in person to make decisions regarding day -to -day APT operations or provide coordination as necessary, and shall be authorized to act on behalf of Mobility regarding all matters pertaining to the Scope of Work. 2. Employee Screening and Selection Mobility shall use appropriate screening and selection criteria to employ all staff. A detailed method for the selection of all employees must be developed and approved by Augusta, Georgia one month prior to service start-up. The selection method must identify a process for evaluating minimum requirements. The following shall be addressed in the screening and selection program: 19 Proven ability in the area of customer service. This is vital to the delivery of quality transit services. Review of driving ability for all employees operating transit vehicles. References of past employment. Drug and alcohol testing for safety sensitive employees, this includes a signed waiver at the time of hiring for any drug/alcohol testing results to be given to Augusta, Georgia. Job related requirements for each position. 3. Training Mobility shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by Augusta, Georgia. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. An important part of the program is a Customer Relations component. All employees having contact with the public must complete the Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. Dispatchers, telephone operators, supervisors, and any other personnel who may, from time to time, be assigned to telephone information or paratransit reservation lines shall be trained in customer relation skills, telephone manners, accident/ incident procedures, and all operating policies. Operations control personnel assigned to paratransit trip scheduling and vehicle dispatching duties shall have a detailed knowledge of the applicable procedures, professional techniques, and rules regarding the APT paratransit program. As part of the training program, Mobility shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a Drivers Manual. Contents of the Drivers Manual shall include the following subject areas: • Driver's Rules • Accident/ incident Policies • Radio Policies and Procedures • Cell Phone Policy • Name Plate Policy • Electronic Farebox Policies and Procedures • Video Surveillance Policies and Procedures • Traffic Control Center Policies and Procedure • Vehicle Enunciators Policies and Procedures • Fog and Inclement Weather Policies and Procedures • Vehicle Inspection Policies 20 • Care and Maintenance Policies and Procedures • Sensitivity Training Policies • ADA Policies • Reporting Procedures • AVL Policies and Procedures • Pertinent Sample Forms Five copies of the Drivers Manual shall be forwarded to Augusta, Georgia one month before the start of service. Any updates to the manual must be provided promptly to Augusta, Georgia. For operators, Mobility must certify in writing, by name, each individual operator as having satisfactorily completed all the requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. This certification requires a minimum of eighty (80) hours of training for each operator, full and part-time. The exception shall be any person for whom Mobility can provide written documentation of both one year's experience as an operator for Mobility in a different operation operated by Mobility and at least forty (40) hours of formal training by Mobility at Augusta, Georgia's operation. Experience and training with other transportation systems, including other public transit agencies or school systems is not acceptable. The minimum eighty (80) hours shall include the following: The eight (8) hour minimum National Safety Council Defensive Driving Course or equivalent with satisfactory scores. A minimum of thirty -two (32) hours of wheel time must be performed, including at least two round trips on each route. One trip shall be done without assistance by the trainer to test the operator's knowledge of the route. Each operator shall operate all types of buses during training. At least eight (8) hours of classroom instruction shall be performed for each of the following categories: • Passenger relations • Accident reporting procedures • Radio communication procedures and codes • Schedules, routes, fares, and farebox procedures • Vehicle enunciator procedures • Sensitivity training • ADA regulations To maintain each individual operator's certification, Mobility must provide and document annual refresher training of at least eight (8) hours for each operator covering all the aforementioned categories. 21 Mobility's Safety Department shall conduct and document on -board evaluations of all operators regardless of how long they have been employed. Each ride check shall be a minimum of one hour and shall be conducted by Mobility every three months on each operator and made available to Augusta, Georgia for review. Mobility is responsible for training all operators on the requirements for public transit as defined in the Americans with Disability Act of 1990 (ADA) requirements or subsequent updates. A comprehensive, on -going training program shall be developed by Mobility addressing ADA requirements. A copy of Mobility's comprehensive on- Going ADA training program shall be provided to Augusta, Georgia 30 days prior to the start of service. Augusta, Georgia will strictly enforce compliance with the ADA law and has established performance standards to ensure Mobility's employees are responsible in this area. 4. Supervision Mobility's supervision program must ensure that a high quality level of service is being delivered to APT passengers at all times. Supervisor staffing levels, in all departments, should be evaluated carefully by Mobility to meet the above goal. Supervisors must have and maintain a Commercial Driver's License with a passenger endorsement. Q. Uniforms Paratransit training will include all the requirements identified for fixed route operators. Paratransit operators must hold a valid CDL license. In addition to the training requirements previously identified, ALL operators will be required to complete additional sensitivity training related to transporting persons with disabilities. This training shall be more comprehensive than the general sensitivity training programs, emphasizing the ADA requirements, sensitivity, boarding and wheelchair securement skills, and will provide a higher awareness of the various disabilities. Mobility must document and report to Augusta, Georgia all instances where supervisors and dispatchers are used as operators. Mobility must develop a plan for ensuring adequate supervision in these instances. Additionally, every three months, or at the direction of Augusta, Georgia, Mobility shall conduct spot checks of all supervisors in the field to evaluate the performance of each supervisor and provide Augusta, Georgia a copy of the spot checks. All operators are required to wear the official APT uniform. Augusta, Georgia shall determine the uniform policy. Mobility may not alter or replace uniform parts without the express approval of Augusta, Georgia. The operator uniform includes a distinctive name and number badge, insignia, hat, slacks, shirt, jacket, watch, belt, shoes and socks. Maintenance employees and supervisors must be in uniform when on duty and such 22 uniforms must be approved by Augusta, Georgia. Mobility shall supply Augusta, Georgia with a plan for the proposed uniform pieces and supplier. However, the system logo, name, and colors are determined by Augusta, Georgia. Operators and street supervisors must be clean and professionally dressed at all times. The uniform may not be worn while off duty, such as while operating a charter service which is not a part of the APT service. As managers set the example for their employees, managers should pay particular attention to their attire, and shall be clean and professionally dressed at all times. R. Name Plates While on duty, each operator shall display their first initial and last name on the bus or their employee number. S. Cell Phones, Audio and Visual Equipment /Onboard Camera Surveillance Equipment/AVL Equipment Operators are not permitted to carry or use cell phones, audio or visual equipment while in revenue service, with the exception of a hand held City radio used in revenue service. Tampering with or disabling any equipment onboard any APT bus will result in the permanent removal of the employee from all activities associated with this Contract. T. Equal Employment Opportunity (EEO) Affirmative Action Mobility must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, state and city regulations and policies. U. Progressive Disciplinary Policy Mobility shall provide Augusta, Georgia with a copy of their Progressive Disciplinary Policy. Mobility shall follow their progressive disciplinary policy during the entire duration of this Contract. Failure to follow the progressive disciplinary policy may result in termination of the Contract. V. Turnover Procedure Upon termination of this agreement, Mobility shall return all City owned vehicles and equipment to Augusta, Georgia ready for use, with no deferred maintenance or damage. The Turnover Procedure outlined below will be followed during the turnover period. In the event that Mobility returns APT vehicles and /or equipment to Augusta, Georgia with deferred maintenance or damage (as identified in the Turnover Procedure), Augusta, Georgia shall determine the cost to correct such deficiency(s) and City shall withhold said amount from Contractor's final payment(s). Augusta, Georgia may, at its discretion, use withheld funds to correct and resolve deferred maintenance and/or damage as necessary to bring fleet into compliance with acceptable standards for turnover. 23 1. Turnover Procedures This procedure is designed to determine the condition of APT vehicles and equipment at the time of turnover between Contractors. This Turnover Procedure shall be implemented toward the end of the current Contract term and prior to the commencement of the new Contract. At Augusta, Georgia's option, a Turnover Inspection may be implemented with or without a change in Contractors. a. Pre -Audit Meeting Mobility, Successful Proposer, and Augusta, Georgia (or its designee) shall meet sixty (60) to ninety (90) days prior to the scheduled initial audit meeting. All parties shall be represented by authorized personnel at this Pre -Audit Meeting. The purpose of the Pre -Audit Meeting shall be to set guidelines for procedure during the Initial Audit. Procedures shall be agreed upon and confirmed in writing by all parties within five (5) working days of the Pre -Audit Meeting. b. Initial Audit Mobility, Successful Proposer, and City (or its designee) shall meet thirty (30) to sixty (60) to ninety (90) days prior to turnover at Mobility's facility. All parties shall be represented by authorized personnel at this Initial Audit. Mobility shall make available their current facility and such personnel as necessary to move coaches and operate hoists. Mobility shall make available to Augusta, Georgia (or its designee) all preventive maintenance inspection records, daily driver inspections, oil analyses test results and any other records required by Augusta, Georgia. Mobility, Successful Proposer, and City (or its designee) shall cooperate fully during the Initial Audit as set forth in the guidelines determined at the Pre -Audit Meeting. At this time, Augusta, Georgia (or its designee) shall examine every bus and determine its current condition. Mobility shall make available adequate facilities arid equipment dedicated to accommodate the Initial Audit. All parties shall be provided the draft results of this inspection at the conclusion of the Initial Audit. After the Initial Audit, Mobility and City (or its designee) shall meet to determine a plan and timeline for resolution of defects found, if any, during the Initial Audit. Mobility shall furnish City with timeline and specific plan for resolution of deferred maintenance prior to turnover. The "Resolution Plan" shall be submitted no less than thirty days prior to the expected Turnover date. c. Turnover Audit Several days prior to turnover, City (or it designee), Mobility, and Successful Proposer, shall meet to physically re- examine every bus. Records shall be kept, and made available to Augusta, Georgia (or its designee) documenting items 24 A. General Terms B. Technical Training which have been repaired since initial inspection. Current condition of every coach shall be determined. Mobility shall make available adequate facilities and equipment dedicated to accommodate the Turnover Audit. All parties shall be provided the draft results of this inspection at the conclusion of the Turnover Audit. SECTON 3 - MAINTENANCE Mobility shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of APT vehicles and equipment. 1. Mobility shall be responsible for the maintenance of all vehicles and all other equipment, furnishings and accessories required in connection with the operation of the system, with the exception of the radio communications. Such items shall be in clean, safe, sound and operable condition at all times and in full accordance with any manufacturer recommended maintenance procedures and specifications. In addition, items shall be maintained in compliance with all applicable requirements of Federal, State and City statutes or regulations. 2. In this regard, Mobility shall provide all labor, repairs, parts, supplies, lubricants, solvents, and all other components, services, tools and equipment not provided by Augusta, Georgia that may be required to fulfill its maintenance responsibilities, at Mobility's cost and expense. 3. In the event that Augusta, Georgia provides Mobility with additional buses and /or equipment in the future, Mobility shall acknowledge receipt of such additional items upon their delivery to and acceptance by Augusta, Georgia. 4. Upon termination of the Contract, Mobility shall return all City equipment to Augusta, Georgia, ready for use, with no deferred maintenance or damage. The specific procedures to be followed for this turnover are outlined in this section. Mobility shall provide technical training for all maintenance personnel necessary to insure a consistent level of current, thorough knowledge in the maintenance and repair of several types of vehicles and equipment used in fixed route, paratransit and express service including air conditioning systems, wheelchair lifts /ramps, and other ancillary equipment. C. Preventive Maintenance Program Mobility shall develop and submit a pro- active preventive maintenance program for review and approval by Augusta, Georgia within 30 days after the effective date of the Contract. At a minimum, Mobility's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry and shall be sufficient so 25 as not to invalidate or lessen warranty coverage of any APT vehicle or associated equipment. Mobility shall make changes to its Preventive Maintenance Program acceptable to Augusta, Georgia if its first submittal is not approved. Adherence to preventive maintenance inspections (PMI) schedules shall not be regarded as reasonable cause for deferring maintenance in specific instances where Mobility's employees observe that maintenance is needed in advance of said PMI schedule. Mobility shall strictly adhere to the approved preventive maintenance program. Mobility shall not defer maintenance for reasons of shortage of maintenance staff, maintenance equipment, or operable buses, nor shall service be curtailed for the purpose of performing maintenance without prior written consent of Augusta, Georgia. PMI's and running repairs shall receive first priority in the use of Mobility's maintenance resources. Mobility shall adjust the work schedules of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule approved by Augusta, Georgia. Mobility shall retain additional personnel or the services of outside firms, if necessary, to meet Augusta, Georgia's maintenance requirements at no additional cost to Augusta, Georgia D. Late or Missed Preventive Maintenance Inspections Mobility shall maintain preventive maintenance inspections the same as the intervals between inspections. Should Mobility's PMI schedule consist of 3000 mile 3K inspection, 6K inspection, 9K inspection, 12K inspection, 15K inspection, 18K inspection, 21 K inspection and a 24K inspection, then the distance between one 6K and the next consecutive 6K inspection constitutes the distance between "LIKE" inspections. Any PMI inspection completed more than ten percent (10 %) past its PMI mileage interval is considered "Late ". Any PMI inspection completed more than fifteen percent (15 %) past is PMI mileage interval is considered 'Missed ". Late and missed PMI's shall result in the application of liquidated damages as outlined in Mobilitys Performance Standards Incentives and Penalties. E. Mechanical Maintenance Program Mobility shall be responsible for the safe and efficient maintenance of all: • Vehicles and equipment • Shop equipment • Vehicle ADA equipment • Electronic fare box systems • Video surveillance equipment and components • Vehicle Enunciator equipment • Other City - provided equipment, furnishings, and accessories required in connection with its operation of APT in a clean, safe, sound, and operable condition at all times, 26 and fully in accord with any Original Equipment Manufacturer (OEM) Specifications and Requirements, in strict conformity to Mobility's City approved Preventive Maintenance Program, applicable requirements of any Federal, State or City statute or requirement. Mobility's duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation. All parts, materials, tires, lubricants, fluids, oils and procedures used by Mobility on APT vehicles and equipment shall meet or exceed original equipment manufacturer (OEM) specifications and requirements. All parts installed by Mobility on APT vehicles and equipment shall become the property of Augusta, Georgia. Mobility shall implement a pro- active Quality Assurance Plan, subject to approval by Augusta, Georgia, to verify the quality of the work performed. Mobility, at its sole cost and expense shall provide all: • Labor • Repairs • Parts • Maintenance tools and equipment (in addition to tools and equipment provided by Augusta, Georgia). • Lubricants • Maintenance • Cleaning • Major components • Component rebuilding and replacement • Such other components, facilities, and services, which may be required to fulfill its maintenance responsibilities pursuant to this Contract (in addition to those provided by Augusta, Georgia). • Computer software for tracking maintenance activities. The Maintenance Program shall provide that: • All wheelchair lift - related equipment shall be inspected, serviced and lubricated at intervals necessary to insure that the wheelchair lifts are fully operational. No vehicle shall be in revenue service with an inoperable lift. • Brake inspections and adjustment shall be performed at intervals that insure the safe and efficient operation of the braking system, per manufacturer's specifications. • All components of the vehicle bodies, appurtenances, and frames shall be maintained in a safe, sound, and undamaged condition at all times. Damage (including body, glass, and all vehicle appurtenances) shall be repaired in a professional manner within three (3) weeks (21 calendar days) of the occurrence. If Mobility is unable to repair the damage within 21 calendar days from the occurrence, Mobility must be able to provide sufficient documentation to secure parts in order to receive a waiver on the 21 -day requirement. 27 • All mechanical, electrical, fluid, air, and/or hydraulic systems shall be maintained in a safe and fully functional condition, as designed, at all times. • The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment, and exhaust system of the vehicle. • 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. Mobility shall maintain the heating and a/c system in an operational condition at all times. Under no circumstances should a vehicle be used in revenue service with inoperable air conditioning or heating. • 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. The Contractor shall replace seat covers, which are worn or cannot be professionally repaired, using materials which are identical in design and color as those materials being replaced. • Electronic fare box system shall be maintained in proper operating condition at all times. • All destination signs shall be maintained in proper operating condition at all times. Buses shall not be used in revenue service without operable destination signs unless approved by Augusta, Georgia. • Vehicle enunciators shall be maintained in proper operating condition at all times. • Vehicle Brake Replacement 1 Drums shall be turned with hubs attached. 2 Brake blocks shall be matched to drums by size, i.e., 1X, 2X, etc. 3 Both brakes on an axle shall be replaced at the same time. 4 Premium brake blocks shall be used. 5 Wheel seals shall be replaced with every brake job and bearings shall be checked. G. General Maintenance 1 Tires shall always be matched (by size and trend pattern) on each axle. Tires shall not vary more than 3/32" between inner and outer tires and not more than 4/32" between curbside and roadside. 2 Cradle motor mounts shall be replaced in pairs. 3 Radiators shall be re -cored at the time of engine replacement, and the entire cooling system shall be thoroughly inspected with all defects repairs as needed. H. Vehicle Repairs Mobility or other vendors shall Mobility or other vendors shall perform all repairs to APT vehicles. Repairs shall include, but not be limited to, work to correct loss or damage; 28 adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. Repair work shall be conducted as soon as possible upon learning that such work is required. Mobility shall perform repair work expeditiously in response to identification of problems by drivers or other staff members or Augusta, Georgia. Mobility shall assure Augusta, Georgia that required repairs shall not be deferred beyond a reasonable time as determined by Augusta, Georgia. Mobility shall be familiar with vehicle and equipment warranties and shall comply with all warranty provisions and all manufacturer recommended maintenance activities in the conduct of its maintenance functions. I. Parts Inventory Mobility shall establish and maintain an ongoing spare parts inventory sufficient to minimize vehicle down time and ensure that peak vehicle requirements are met at all times. J. Tools and Equipment All tools and equipment used for APT maintenance, except for small hand tools provided by Mobility's employees, shall be provided and maintained by Mobility at Mobility's expense with exception to items excluded in all Exhibits, Addendums, Schedules, and RFP# 11 -082 hereto referred and incorporated in this Agreement. K. Vehicle Towing In the event that towing of any APT vehicle is required, Mobility shall be responsible to provide such towing at Mobility's sale expense. L. Emissions Control Program Mobility shall perform and certify such tests of equipment required to meet City, other local, State, and Federal requirements related to exhaust smoke and engine emissions. M. Daily Vehicle Condition Reports (DVCR's) Mobility shall require drivers to submit a daily vehicle condition report (DVCR). Reports shall be carefully examined, and defects corrected before the vehicle is driven in service. The DVCR's shall be retained for at least two years N. Maintenance Evaluations Mobility shall allow City access to Mobility's records to monitor Mobility's maintenance performance, as Augusta, Georgia deems necessary. Augusta, Georgia may perform or use independent consultants to perform regular, unannounced maintenance inspections of vehicles and equipment maintained by Mobility which are used in this project to determine Mobility's maintenance performance. Augusta, Georgia shall be permitted to 29 view and copy any vehicle maintenance records, inspect vehicles, equipment, and facilities, and request Mobility personnel to drive vehicles as necessary to evaluate the condition of vehicles and equipment used in the performance of this Contract. All maintenance invoices must be kept at the APT maintenance facility during the entire duration of the Contract. O. Out of Service Designation A bus or paratransit vehicle shall be designated as unfit for revenue service (considered out of service) if upon inspection any of the following safety - related conditions are found: • Brakes out of adjustment. • Loose steering components. • Air conditioning unable to maintain a temperature 20 °F lower than ambient or no lower than 72 °F, from March 1 through November 1. • Heating or defroster inoperative, for the period November 1 through March 1. • "Missed" Preventive Maintenance Inspection, as outlined. • Tires with tread depth of less than 2/32 ", on the rear and 4/32 "on the front. • Inoperative Emergency Exits /Doors/Windows. • Inoperative two -way radio. • Any condition not in compliance with applicable Federal or State Regulations. The vehicle shall continue to have Out of Service designation until it is brought into compliance. P. Maintenance Records Mobility shall prepare, maintain, make available to Augusta, Georgia (or its Designee), and reduce to written form, records and data relative to APT vehicles and equipment maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle. All such records shall be prepared and maintained in such a manner so as to fulfill any applicable state or federal requirements, as well as any needs of Augusta, Georgia to enable — to accurately evaluate Mobility's maintenance performance. Mobility shall prepare and maintain maintenance records in a form approved by Augusta, Georgia. Such records shall include, but are not limited to the following: Daily vehicle condition reports (DVCR's). The maintenance department will review, coordinate follow -up action and sign off on completed repairs and file the DVCR's which are filled out by drivers. Work orders for all preventive maintenance inspections, warranty repairs and other vehicle repairs including materials, parts, and labor consumed. Major and minor failure reports, which are numbered identifying date, time, vehicle number, route number if in service, problem and mileage on vehicle. • Maintenance records for each bus which provides the following information, at a minimum: 30 • Make • Model • Serial Number /City fleet number • City property ID number and serial number of installed City owned equipment • License number • Date received • Date placed in service • Life miles • Rebuilds and major component replacements, including date and life miles at the time of replacement/rebuild. • Vehicle repairs • Preventive maintenance inspection reports • Daily "Vehicle Condition" reports • Work orders • Tire data 31 Q. Vehicle Servicing 1. Daily Vehicle Servicing Mobility shall perform daily vehicle servicing on all APT vehicles and equipment. For purposes of this Contract, daily servicing shall include, but not be limited to: • Fueling • Engine oil, coolant, water and transmission fluid check/add • Farebox probing, vault pulling and replacement • Tire inspection (air pressure, tread depth, and wear) • Brake check Lights and flashers check • Interior sweeping and dusting • Exterior and interior visual inspection Mobility shall develop, implement, and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for City review for two years. 2. Vehicle Cleaning Mobility shall maintain APT vehicles in a clean and neat condition at all times. Vehicle exteriors should be washed daily including hand washing the back of each bus and interiors cleaned daily including floors mopped and trash removed after each day's use. Ceilings, windows, dashes, walls, stanchions and grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) days. All foreign matter such as gum, grease, dirt and graffiti shall be removed from interior surfaces during the interior cleaning process. Upholstery shall be steam cleaned as necessary, but at a minimum once per quarter. Upholstery damage shall be repaired immediately upon discovery. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts, and door edge guards shall be cleaned and treated with a preservative at least once every fourteen (14) days, or as necessary to maintain an attractive appearance. Buses shall be kept free of vermin and insects at all times. Mobility shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, nonhazardous and EPA approved insecticides and materials. R. Electronic Farebox System Mobility shall perform all required maintenance on electronic farebox system to insure that there are no disruptions in service and to insure that all necessary data is retrievable from the system. Mobility shall maintain the electronic farebox system in accordance with manufacturer recommended maintenance procedures and specifications. Mobility shall report any unusual maintenance problems to Augusta, Georgia within twenty -four (24) hours of occurrence 32 Request for Proposals RFP Item #11 -082 Transit System Service & Support Services For The City of Augusta — Public Transit Department RFP Due: Friday, January 28, 2011 @ 3:00 P.M. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operated a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. "ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 COURT ORDER IN THE CASE, THOMPSON WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07 - CV -019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT." One Original and six (6) copies of RFP shall be submitted Thanks for doing business with us .. . Geri A. Sams, Procurement Director 530 Greene Street, Room 605 Augusta, Georgia 30901 RFP 11 -082 Transit System Service & Support Services Page 1 of 117 DATE: December 13, 2010 SUBJECT: Request for Proposal to submit on the following services. NAME OF RFP: Transit System Service & Support Services This letter extends to your Firm an invitation to submit a proposal to supply the City of Augusta with equipment, supplies, and /or services as indicated above. Sealed proposals for the above will be received at the Office of the City Procurement Director, 530 Greene Street — Suite 605, the Municipal Building, Augusta, Georgia, up to 3:00 P.M., Friday, January 28, 2011 at which time, proposals will be opened and publicly read. The Board of Commission reserves the right to reject any and all bids /RFPs and to waive formalities. Instructions for preparation and submission of a proposal are contained in the attached packet. Please note that specific forms for submission of a proposal are required. Proposals must be typed or printed in ink. If you do not submit, return signed RFP invitation sheet and state reason. Also, please clearly mark the outside of your envelope as "No Response." Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document all approved changes. Any RFP submitted which does not acknowledge the receipt of an addendum will not be considered. The City of Augusta seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. Doing business with Augusta has become easier! The new ARCBid link, which is located on the Procurement Department's website at www.auqustaga.gov, enables you to view current and past public bid information online. Should you have any questions concerning the bid documents, or need additional information, you may contact a member of the Bid and Contract Team directly @ 706 821 -2422. A request for bid documents must be faxed to 706 821 -2811. A Proposal from your Firm will be appreciated. Sincerely yours, Geri A. Sams Procurement Director R O. 1 A CITY OF AUGUSTA, GEORGIA OFFICE OF THE PROCUREMENT DIRECTOR 530 GREENE STREET SUITE 605 AUGUSTA, GEORGIA 30901 (706) 821 -2422 www.augustaga.gov RFP NO. 11 -082 RFP 11 -082 Transit System Service & Support Services Page 2 of 117 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Friday, January 28, 2011 @ 3:00 P.M. for furnishing: RFP Item #11 -082 Transit System Service & Support Services for Public Transit Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Imaging Technologies. The fee for the specifications which are non- refundable is $25.00. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facility this policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through Imaging Technologies (706 724 -7924) beginning Thursday, December 16, 2010. Vendors are cautioned that submitting a proposal with Procurement of a complete set are likely to overlook issues of delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the vendor at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A vehicle & facility inspection will be held on Monday, January 10, 2011 from 1:00 p.m. to 4:00 p.m. and Tuesday, January 11, 2011 from 9:00 a.m. to 1:00 p.m. at Augusta Public Transit, 1535 Fenwick Street, Augusta, GA 30904. A Mandatory Pre - Proposal Conference will be held on Tuesday, January 11, 2011 © 2:00 p.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821 -2811 or by email to probidandcontract (a.auqustaga.gov by Thursday, January 13, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope. A performance bond in the amount of equal to four months of the contract sum will be required of the successful proposer will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier December 16, 23, 30, 2010 January 6, 2011 December 22, 2010 cc: Tameka Allen Interim Deputy Administrator Heyward Johnson Augusta Public Transit Sharon Dottery Augusta Public Transit RFP 11 -082 Transit System Service & Support Services Page 3 1 1 RFP Item 11 -082 Transit System Service & Support Services Due Date: Friday, January 28, 2011 @ 3:00 P.M. INSTRUCTIONS TO SUBMIT 1.1 Purpose: The purpose of this document is to provide general and specific information for use by vendors in submitting a bid to supply the City of Augusta with equipment, supplies, and or services as listed above. All bids are governed by the Code of the City of Augusta. 1.2 How to Prepare Bid Proposals: All bid proposals shall be: (A) Prepared on the forms enclosed herewith, unless otherwise prescribed. (B) Typewritten or completed with pen and ink, signed by the vendor or his authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal. Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein. 1.3 How to Submit Bid Proposals: All bid proposals shall be: (A) Submitted in sealed opaque envelope, plainly marked with the bid number and equipment, supply and /or service description listed above. (B) Mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Director on or before the date and time specified above. (a) Mailing Address: Geri A. Sams, Procurement Director 530 Greene Street — Suite 605 Augusta, Georgia 30901. (b) Hand Delivery Address: Geri A. Sams, Procurement Director Procurement Department — 6 Floor of the Municipal Building Suite 605 - Augusta, Georgia (c) RFPs not received by the time and date specified in the first paragraph of the letter will not be opened. 1.4 Augusta- Richmond Code, Readopted 7/10/08: Sec. 1- 10 -43. Sealed bids selection method. (b) Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta- Richmond County Commission for approval by the Augusta- Richmond County Commission. 1.5 Procurement Protests: (A) Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to Augusta- Richmond County. Protestors shall seek resolution of their complaints initially with the Procurement Director. All protests must be submitted in writing to the Procurement Director. (B) Protests concerning invitations to bid. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals. If not done by that time, the complaint or protest is lost. (C) Stay of procurement during protests. In the event of a timely protest under subsection (b) of this Section, the Procurement Director shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the Augusta- Richmond County Administrator or Commission makes a determination on the record that the award of the contract without delay is necessary to protect the interests of Augusta- Richmond County. 1.6 Failure to Submit: If a RFP is not submitted, vendor should return bid sheets, stating reason therefore, and indicate whether their business should be retained or removed from the City's vendor's list. The outside of the envelope should clearly be marked "No Response ". RFP 11 -082 Transit System Service & Support Services Page 4 of 117 1.7 Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders' own risk. In case of error in extension of prices in the bid, the unit prices shall govern. Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted under the circumstances described below: (1) Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. (2) After the bid opening, corrections to bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non- judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids prejudicial to the interest of Augusta- Richmond County or fair competition shall be permitted. (3) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: a. the mistake is clearly evident in the bid document but the intended correct bid is not similarly evident; or b. the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. (4) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in a written report made by the Procurement Director. (5) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence was presented clearly evidencing the mistake and hardship that would occur to either the County or the bidder in the event of award 1.8 Standards for Acceptance of Bid for Award Contract: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejections or waiver is in the interest of the City. The City reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract a bidder who failed to submitted any requested documentation to include bid bond, performance and payments. 1.9 Proposal: An offer, something proffered. An offer, by one person to another of the terms and conditions with reference to some work or undertaking, or for the transfer of property, the acceptance whereof will make a contract between them. (Black's law Dictionary, 5 Edition). Proposals for professional service received by the county will be evaluated for their comparative level of compliance with the specifications issued for the project. The evaluation of proposals may or may not include proposed price as one of the evaluation criteria. Bidder: Whenever the term "bidder" is used it shall encompass the "contractor ", "purchaser" or other party having a contract with the City in such capacity after a contract has been entered into or between such party and the City. 1.10 Compliance with laws: The bidder shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or City statute, ordinances and rules during the performance of any contract between the bidder and the City. Any such requirement specifically set forth in any contract document between the bidder and the City shall be supplementary to this section and not in substitution thereof. 1.11 Termination of Contract: The City of Augusta may cancel the contract at any time for breach of contractual obligations by providing the consultant with a written notice of such cancellation. Should the City of Augusta exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor. 1.12 Non - Collusion Affidavit: By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City's bid list for up to three years and any current orders will be canceled. RFP 11 -082 Transit System Service & Support Services Page 5 of 117 1.13 The City pays by invoices only net 30. Unless otherwise arranged. Invoices should be sent to the following address: City of Augusta Richmond County Georgia Accounting Department — Room 105 City- Municipal Building 530 Greene Street Augusta, Georgia 30901 1.14 All Bids, Request for Proposal /Qualifications and or Quote are governed and awarded in accordance to The City of Augusta, Georgia (Richmond County) Code. To view the Code visit Augusta's website at www.auclustaga.gov. GENERAL CONDITIONS 2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the bidder but shall put the bidder on notice to inquire of or identify the same from the City. Whenever mention is made of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, American Society for Testing and Materials (A.S.T.M.) regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications. Some specifications are made from actual samples or prior use. 2.2 Prices to be Firm: Vendor warrants that RFP, terms and conditions quoted in his submittal will be firm for acceptance for a period of ninety (90) days from opening date. 2.3 Completeness: All information required by Request for Proposal must be completed and submitted to constitute a proper RFP. 2.4 Default Provision: The contract may be canceled or annulled by the City of Augusta in whole or in part by written notice of default to the Contractor upon non - performance or violation of contract terms. An award may be made to the next vendor, for articles and /or services specified or they may be purchased on the open market and, the defaulting Contractor (or his surety) shall be liable to the City of Augusta for costs to the City in excess of the defaulted contract prices. The Contractor shall continue the performance of this contract to the extent any part is not terminated under the provisions of this clause. 2.5 Award of Contract: The contract, if awarded, will be awarded to the most responsive and responsible vendor whose proposal will be most advantageous to the City, price and other factors considered. The City will make the determination. 2.6 Local Vendor Preference: The City of Augusta has a local vendor preference policy which allows the lowest local bidder, (defined as within Augusta Richmond County), within 5% or $10,000, whichever is less, of the lowest non -local bidder, to match the bid submitted by the non -local bidder and therefore be awarded the contract. Vendors must complete the enclosed vendor's Certification form. 2.7 Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race -Based Portion of DBE Program. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws. 2.8 Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who meets, or by the date of bid acceptance can meet, all requirements for licensing, insurance and service contained within these specifications. 2.9 Compliance with Specifications - Terms and Conditions: The Request for Proposal Invitation, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Submittal, Addendum, and /or any other pertinent documents form a part of this proposal and by reference are made a part hereof. RFP 11 -082 Transit System Service & Support Services Page 6 of 117 2.10 Signed Bid /RFP Considered Offer: The signed bid /RFP shall be considered an offer on the part of the bidder /vendor, which offer shall be deemed accepted upon approval by the Commission of the City of Augusta, the City Administration or his designee. In case of a default on the part of the bidder /vendor after such acceptance, the City of Augusta may take such actions as it deems appropriate including legal action for damages or specific performance. 2.11 Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until duly notified by receipt of contract signed as executed by the Mayor /Commission or Administrator or their designee (Clerk or Commission or the Procurement Director). If the successful vendor does commence any work prior to receiving official notification, he does so at his own risk. 2.12 Pre -bid conference and addendum: A conference to be conducted by the Procurement Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre -bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre -bid conference or other vendor /contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. Note: In the event of a MANDATORY PRE -BID CONFERENCE ALL INTERESTED VENDORS MUST ATTEND. 2.13 Bid opening. Sealed Bids /RFPs shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids /Request for Proposals. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder /vendor shall be recorded; the record and each bid shall be open to public inspection in accordance with § 1 -10 -5 (Public Access to Procurement Information). 2.14 Bid acceptance and bid evaluation. Provided that the bids /RFPs are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids /Request for Proposals, the bids /proposals shall be conditionally accepted without alteration or correction pending evaluation. Bids /proposals shall be evaluated based on the requirements set forth in the invitation for bids /Request for Proposal, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid /proposal price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life -cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down -time could eat up any savings made if the purchasing process considers only the initial cost. 2.15 Employment Eligibility Verification: Georgia Security and Immigration Act of 2006 As of July 1, 2009, all contracts with Richmond County must have a certification from the Contractor that they comply with the Georgia Security and Immigration Act of 2006. This requires all those individuals, firms, contractors, consultants, etc., contracting with the County to execute the Contractor Affidavit and Agreement. If Sub - contractors are engaged, they are required to execute the Subcontractor Affidavit. These affidavits are attached for your convenience in compliance with this requirement. ATTACHMENT B — Prime Contractors Affidavit and Agreement Please note as Prime Contractor in accordance to the attached Contractor's Affidavit, I will accept the responsibility stated in the affidavit which states: "The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. " RFP 11 -082 Transit System Service & Support Services Page 7 of 117 1 Subcontractor Affidavit and Agreement The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) SPECIAL CONDITIONS 3.1 County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law. (A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Augusta - Richmond County Administrator, and the Augusta- Richmond County Attorney, determines that a solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable laws. (B) Prior to award. If after bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Administrator or his designee, and the Augusta- Richmond County Attorney determine that a solicitation or proposed award is in violation of federal, state or municipal law, and then the solicitation or proposed award shall be canceled. (C) After award. If, after an award, the Procurement Director, after consultation with the Administrator and the Augusta- Richmond County Attorney determines that a solicitation or award of a contract was in violation of applicable law, then the contract shall be revised to comply with applicable law. If Augusta- Richmond County is unable to revise the contract to comply therewith, the contract shall be terminated and declared null and void by the Augusta- Richmond County Commission. 3.2 Bonds: (Check where applicable) [X] (A) Each bidder shall post a bid bond, certified check or money order made payable to the City in the amount of 10% of the bid price. A company check is not acceptable. No bids shall be read or considered without a proper form of security. [ ] (B) No bond, certified check, or U.S. Money Order is required. [ ] (C) Bidder shall post a payment / performance bond payable to the City in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee that goods meet requirements of the contract including timely delivery, performance specifications and warranty requirements. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. [X] (D) Bidder shall post a performance bond in the amount of equal to four months of the contract sum if awarded the contract. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and that equipment, materials and /or goods are delivered according to specifications. In accordance with Article 5 of the City's Code. Augusta Richmond County's code can be viewed in its entirety @ http: / /www.augustaga.gov /index.aspx ?NID =685 Guidelines & Procedures. 3.3 City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for where they do the majority of their business. For further information contact Robert Sherman of the License and Inspection Department @ 706 312 -5162. 3.4 Warranty Requirements: (Check where applicable) [ ] (A) Provisions of item 2.12 in regards to quality shall apply. [ ] (B) Warranty required. [ ] (a) Standard Warranty shall be offered with bid. [ ] (b) Extended Warranty shall be offered with bid. 3.5 Terms of Contract: (Check where applicable) [ ] (A) Annual Contract [ ] (B) One time Purchase. [X] (C) Other RFP 11 -082 Transit System Service & Support Services Page 8 of 117 LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM 4.1 General Principles This Ordinance and /or the codification hereof may be referred to as the "Augusta- Richmond County Local Small Business Opportunities Program Ordinance" ( "LSBOP "). 4.2 Objective Augusta- Richmond County is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta- Richmond County, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub - contractors, thereby promoting balanced economic and community growth throughout Augusta- Richmond County. The LSBOP is a race and gender - neutral program. 4.3 Policy It is the policy of Augusta- Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through Augusta- Richmond County government. Further, the Augusta- Richmond County Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta- Richmond County has established the LSBOP to promote opportunities for certified Local Small Business to participate in Augusta- Richmond County's contracting and procurement activities by requiring contractors to utilize certified Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code §1-10-6. Augusta's Local Small Business Opportunities Program shall comply with federal and state requirements applicable to small or disadvantaged business, including but not limited to those requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of Housing & Urban Development, and Georgia Department of Transportation. It is expressly recognized that such federal and state regulations preempt Augusta's regulations regarding this subject. 4.4 Local Small Business Vendor Information and Program Information: Please contact: Yvonne Gentry 501 Greene Street - Suite 304 Augusta, Georgia 30901 Office: (706) 821 -2406 Fax: (706) 821 -4228 The successful vendor will submit the required LSBOP forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). RFP 11 -082 Transit System Service & Support Services Page 9 of 117 RFP Item 11 -082 Transit System Service & Support Services Due Date: Friday, January 28, 2011 @ 3:00 P.M. TABLE OF CONTENTS SECTION 1 GENERAL INFORMATION 1.1 INTRODUCTION 18 1.2 SERVICE DESCRIPTION 19 1.3 HOURS OF SERVICE 19 1.4 FARES 19 1.5 TRANSFERS 20 1.6 TICKETS 20 1.7 PARATRANSIT RESERVATIONS 20 1.8 RURAL TRANSIT RESERVATIONS 20 1.9 APT BUS FLEET 20 1.10 SERVICE PROVISION 20 1.11 TERM OF THE CONTRACT 20 1.12 SERVICE APPROVALS 21 1.13 COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS 21 1.14 RESERVED RIGHTS 21 1.15 PRE - CONTRACTURAL EXPENSES 21 1.16 CONTENTS OF CONTRACT 21 RFP 11 -082 Transit System Service & Support Services Page 10 of 117 SECTION 2 INSTRUCTIONS TO PROPOSERS 2.1 TYPE OF SOLICITATION 22 2.2 DOCUMENTS 22 2.3 PREPARATION OF PROPOSAL 22 2.4 PROPOSAL CONTENT AND FORMAT 22 2.5 PROPOSAL CONTENTS 28 2.6 SIGNATURE REQUIREMENTS 28 2.7 PROPOSAL SUBMISSION 28 2.8 PROPOSAL EFFECTIVE DATE 28 2.9 PRE - PROPOSAL CONFERENCE AND VEHICLE INSPECTIONS 29 2.10 QUESTIONS 29 2.11 REVISIONS TO RFP 29 2.12 PROTESTS 29 2.13 EVALUATION AND NEGOTIATIONS 29 2.14 EVALUATION CRITERIA 18 2.15 CONTRACT AWARD AND CONDITIONS 30 2.16 IMPLEMENTATION SCHEDULE 31 2.17 PERFORMANCE BOND 31 RFP 11 -082 Transit System Service & Support Services Page 11 of 117 SECTION 3 OPERATIONS AND MAINTENANCE OF AUGUSTA PUBLIC TRANSIT SCOPE OF WORK 3.1 CITY DUTIES AND RESPONSIBILITIES 32 A. System Planning and Administration 21 B. Advertising and Promotions 21 C. Media Inquires 21 D. Operations and Maintenance Facility 21 E. Vehicles and Equipment 22 F. Computers 22 G. Internet Access 22 H. Fax Machine 22 I. Copy Machines 22 J. Fuel 22 K. Schedules, Passes, and Tickets 23 L. Radio Communication Systems 23 M. Fareboxes 23 N. Electronic Destination Signs 23 O. Revenue Collection Equipment 23 P. Notification - Potential Interface with APT Operations 24 3.2 CONTRACTOR DUTIES AND RESPONSIBILITIES 34 A. Operations 24 B. Fuel and Maintenance 31 C. Safety 31 D. ADA Requirements 32 E. Drug and Alcohol Testing Program 33 F. Bus Roadeo / Membership 33 G. Customer Service 33 H. Fare Media Sales Program 34 I. Lost and Found Program 35 J. Reduced Fare Program 35 K. Bus Stops 35 L. Revenue Collection, Reconciliation and Deposit 35 M. Records and Reports 38 N. City Notification - Immediately for Fixed Route, Paratransit and Rural Service 39 O. Personnel 39 P. Organizational and Personnel Plan 39 Q. Uniforms 43 R. Name Plates 44 RFP 11 -082 Transit System Service & Support Services Page 12 of 117 S. Cell Phones, Audio and Visual Equipment/Onboard Camera Surveillance Equipment/AVL Equipment 44 T. Equal Employment Opportunity (EEO) Affirmative Action 44 U. Progressive Disciplinary Policy 44 V. Turnover Procedure 44 3.3 MAINTENANCE 46 A. General Terms 46 B. Technical Training 46 C. Preventive Maintenance Program 47 D. Late or Missed Preventive Maintenance Inspections 47 E. Mechanical Maintenance Program 48 F. Vehicle Brake Replacement 50 G. General Maintenance 50 H. Vehicle Repairs 50 I. Parts Inventory 50 J. Tools and Equipment 51 K. Vehicle Towing 51 L. Emissions Control Program 51 M. Daily Vehicle Condition Reports (DVCR's) 51 N. Maintenance Evaluations 51 O. Out of Service Designation 51 P. Maintenance Records 52 Q. Vehicle Servicing 53 R. Electronic Farebox System 54 RFP 11 -082 Transit System Service & Support Services Page 13 of 117 SECTION 4 CONTRACT PROVISIONS 4.1 DEFINITIONS 55 4.2 COMPLETE CONTRACT 55 4.3 INDEPENDENT CONTRACTOR STATUS 56 4.4 EQUIPMENT & TRANSIT EMPLOYEES 56 4.5 KEY PERSONNEL 56 4.6 SUBCONTRACTING 56 4.7 CONTRACT DURATION 57 4.8 SCOPE OF WORK 57 4.9 PAYMENT TO CONTRACTOR 58 4.10 PAYMENT FOR FIXED ROUTE AND PARATRANSIT SERVICE 59 4.11 OPERATING REVENUES 59 4.12 TERMINATION OR SUSPENSION 59 4.13 FORCE MAJURE 60 4.14 NOTICE REQUIREMENT 61 4.15 INDEMNIFICATION 61 4.16 LAWS GOVERNING AND VENUE OF ACTIONS 62 4.17 TAX EXEMPT 62 4.18 EMERGENCIES 62 4.19 MEETINGS 62 4.20 REMOVAL OF EMPLOYEES 62 4.21 PROPOSAL PROCEDURES 63 4.22 COMPLIANCE WITH LAW 63 4.23 PERFORMANCE AND PAYMENT BOND 63 4.24 ERISA 63 4.25 LICENSES, PERMITS, AND FILING FEES 64 4.26 PROHIBITED USES 64 4.27 RISK OF LOSS OR DAMAGE 64 4.28 INSURANCE 64 4.29 LABOR DISPUTES 67 4.30 MINIMUM BUS AVAILABILITY 68 4.31 CONFIDENTIALITY 68 4.32 EXAMINATION AND RETENTION OF RECORDS 68 4.33 THE CITY AND CONTRACTOR - SUPPLIED PROPERTY 68 4.34 SEVERABILITY OF PROVISIONS 69 4.35 TURNOVER PROCEDURES 69 4.36 WAIVER 69 4.37 STRICT COMPLIANCE 69 RFP 11 -082 Transit System Service & Support Services Page 14 of 117 4.38 SURVIVAL 69 4.39 MUTUAL DISCUSSION 70 4.40 FACILITATIVE MEDIATION 70 4.41 CONFLICTING DISPUTE RESOLUTION PROVISIONS 70 4.42 ARBITRATION PRECLUSION 71 4.43 TIME IS OF THE ESSENCE 71 RFP 11 -082 Transit System Service & Support Services Page 15 of 117 SECTION 5 CONTRACTOR PERFORMANCE STANDARDS 5.1 OVERVIEW 72 5.2 OPERATING STANDARDS 72 5.3 VEHICLE MAINTENANCE STANDARDS 76 5.4 REPORTING STANDARDS 80 5.5 CUSTOMER SERVICE STANDARDS 83 5.6 FUEL EFFICIENCY STANDARDS 85 5.7 TICKET INVENTORY CONTROL STANDARDS 86 SECTION 6 FTA CLAUSES INCORPORATED BY REFERENCE FTA CLAUSES INCORPORATED BY REFERENCE 87 - 101 EXHIBITS 1. CURRENT EMPLOYEES 104 - 106 2. APT REVENUE AND NON - REVENUE VEHICLE INVENTORY 107 RFP 11 -082 Transit System Service & Support Services Page 16 of 117 ATTACHMENTS 1. PRIMARY CONTRACTOR CERTIFICATION REGARDING DISBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 109 2. CERTIFICATION REGARDING DISBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 110 3. CERTIFICATION OF DRUG -FREE WORKPLACE 111 4. BUY AMERICAN 112 5. CERTIFICATION REGARDING LOBBYING 114 6. COST PROPOSAL 116 RFP 11 -082 Transit System Service & Support Services Page 17 of 117 1.1 INTRODUCTION Request for Proposal #11 -082 Transit System Service and Support Services SECTION 1 GENERAL INFORMATION Augusta, Georgia, is soliciting technical and cost proposals from qualified sources for the operations, maintenance and administration of Augusta Public Transit (APT). It is the intent of Augusta, Georgia to retain a Contractor to provide complete operations, maintenance and administration of APT, such that nothing remains to be purchased, provided or supplied by the City, other than as noted within the provisions of this Request for Proposal (RFP). Specific performance standards have been delineated in the RFP in order to achieve the Augusta, Georgia's goal of providing safe, efficient, and reliable transit service. Strict adherence to the specified performance standards is required under the Contract, which will be included as part of the RFP. The RFP itself will constitute and be made a part of the contract. Augusta, Georgia reserves the right to waive minor irregularities or informalities in the RFP. Augusta, Georgia reserves the right to reject all Proposals. Proposers must submit Proposals on all the requirements shown below. 1. Local fixed route public transit service. 2. ADA complementary paratransit service. 3. Rural transportation service. 4. Paratransit Certification and Recertification. 5. Customer Service. 6. Transportation Fairs and Public Events. 7. Bus Pass Sales Program. 8. Bus schedule distribution to outlets. 9. Maintenance of Transfer Center Information Signs. 10. Revenue collection /counting and deposit. 11. Maintenance, Safety and Training. RFP 11 -082 Transit System Service & Support Services Page 18 of 117 1.2 SERVICE DESCRIPTION Augusta, Georgia operates a public transit system known as Augusta Public Transit (APT) and Richmond County Transit. The service provided by APT is as follows: • Nine (9) Local Fixed Routes. Routes 1, 3, 4, 5, 6, 10, 12, 13, 16. All routes are subject to change. Service is provided within Augusta, Georgia, with some service to a destination outside of Augusta, Georgia. APT local buses interface with The Best Friend Express operating in Aiken City at APT's Transfer Facility. APT does not operate on Sunday. • ADA complementary paratransit service within Augusta, Georgia. The program provides curb -to- curb paratransit service to eligible and certified persons with disabilities within a three quarter mile corridor along all local bus routes within Augusta, Georgia. Scheduling, dispatching, and reservations are handled through the use of APT's computer software. • Rural transit service (SEC 5311) for Augusta, Georgia and in compliance with Georgia Department of Transportation (GDOT) guidelines. National Transit Database (NTD) deadhead hours, revenue hours and passenger trips data for APT for the last three fiscal years can be found at the NTD website. 1.3 HOURS OF SERVICE Fixed Route operating hours for local service is Monday through Saturday; 5:00 a.m. through approximately 9:00 p.m. Complementary paratransit service is provided on the same days and during the same hours as local fixed route service. There may be occasions when local service hours are reduced due to holidays, special events or emergency service. Rural transportation operating hours is Monday through Friday; 6:00 a.m. through approximately 6:00 p.m. APT does not operate on the following holidays: New Year's Day, Good Friday, Memorial Day, July 4, Labor Day, Thanksgiving Day and Day after, and Christmas Day. APT does not operate on Sunday. The Augusta, Georgia reserves the right to extend the hours or days of service, and to include holiday or Sunday service. 1.4 FARES Fares Adult One -way $1.25 Youth Under Age 18 (I.D. Required) $.60 Senior Citizens (I.D. or Medicare Card Required) $.60 Persons with Disabilities (APT issued ID Card Required) $.60 Children under 42" Height Free APT Transfers $.50 Rural Transit One -way $3.00 Paratransit $2.50 $3.50 $6.00 Special reduced fares for senior citizens and persons with disabilities are available all day (on fixed route service), Monday through Saturday. RFP 11 -082 Transit System Service & Support Services Page 19 of 117 1.5 TRANSFERS Transfers are valid for up to two (2) hours from the time they are issued. Transfers are valid only on a different route than the route that issued the transfer. Passengers are required to ask for a transfer upon boarding the bus. No transfers on Rural service. 1.6 TICKETS 31 Day Pass 7 Day Pass $50.00 $15.00 Tickets are discounted 1/2 off for Youth Under Age 18, Senior Citizens, and Persons with Disabilities. No tickets for paratransit and rural transit services. Fares, fare structure, and tickets are subject to change. 1.7 PARATRANSIT RESERVATIONS Reservations are accepted Monday through Friday between 8:00 a.m. and 4:00 p.m. The City reserves the right to change the days or hours of paratransit reservations according to Federal Guidelines without an additional charge to the City. 1.8 RURAL TRANSIT RESERVATIONS Reservations are accepted Monday through Friday between 8:00 a.m. and 2:00 p.m. The City reserves the right to change the days or hours of paratransit reservations according to GDOT Guidelines without an additional charge to the City. 1.9 APT BUS FLEET Augusta, Georgia's fleet consists of twenty -three (23) fixed route buses, eight (8) paratransit vans, six (6) rural service vans, and a small fleet of supervisor and maintenance vehicles. All buses are either equipped with a wheelchair lift, or ramp. A complete inventory of all APT revenue and non - revenue vehicles is included as Exhibit 2. 1.10 SERVICE PROVISION Since the inception of APT, Augusta, Georgia has utilized City forces to provide operations and maintenance of the system. Rural service vans are maintained by an independent contractor. A designee of Augusta, Georgia will conduct contractor oversight, monitoring of the system and planning. Augusta, Georgia will provide the operations, administration and maintenance facility, major equipment items, bus shelters, signs, benches, trash receptacles, revenue and non - revenue vehicles. Schedules and system maps, tickets, transfers, passes, paratransit applications, envelopes, and passenger guides will be provided by the Contractor. 1.11 TERM OF THE CONTRACT Subject to the terms set forth in Section 4.7, Contract Duration, the initial term of this Contract shall be for five (5) years, with an effective date of July 1, 2011. The Contract may be extended for five (5) additional one -year terms at the sole option of the City. The contract extension may be exercised for only one year or for multiple years not to exceed five years. RFP 11 -082 Transit System Service & Support Services Page 20 of 117 1.12 SERVICE APPROVALS Augusta, Georgia is the policy making body for APT. Augusta, Georgia is the primary authorizing agency for routes, schedules, and fares for transit services. The transit staff along with the Planning Commission will research changes to services including new routes prior to review by the Augusta, Georgia. Recommendations are forwarded to the Augusta, Georgia. 1.13 COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS This project will be funded in part from grants from the Federal government. The proposed Contract includes the requirements related to this funding. Please refer to Section 6. In addition, the Proposer must submit with its Proposal completed certifications. Please refer to Section 2 for a complete list of the required certifications. Failure to provide all the required certifications completed in full, including an authorizing signature, will cause the Proposal to be rejected as non - responsive. There are no exceptions to this requirement. 1.14 RESERVED RIGHTS The City reserves the right to reject any and all Proposals and to waive what it considers to be informalities and minor irregularities in Proposals received. The City reserves the right to accept a Proposal other than the lowest cost Proposal. The City reserves the right to enter into a Contract with any Proposer based upon the initial Proposal or on the basis of the "best and final" offer with or without conducting oral discussions. Any Contract resulting from the RFP will be financed in part with funds available to the City through grants from the Federal Transit Administration. The obligations of the City are contingent upon the receipt of these requested federal funds by the City. In the event that funding from this source is eliminated or decreased, the City reserves the right to terminate the Contract or modify it accordingly. Additionally, the Contract will be subject to all provisions of the Official Code of Georgia Annotated, §30- 60 -13. 1.15 PRE - CONTRACTUAL EXPENSES Upon receipt of a Proposal by Augusta, Georgia, the Proposal shall become the property of the City, without compensation to the Proposer, for disposition or usage by the City at its discretion. The City shall not compensate the Proposer and the Proposer shall not be entitled to for any expenses incurred by the Proposer in: • The preparation of the Proposal in response to this RFP and submitting the Proposal; • The negotiating with the City on any matter related to the Proposal, and • For any other expenses incurred by the Proposer prior to the date of a Contract award. The City and their agents shall be held harmless from any liability, claims, or expenses whatsoever, incurred by, or on behalf of, any person or organization in responding to this RFP. 1.16 CONTENTS OF CONTRACT The Contract resulting from this RFP will consist, at a minimum, of the following: • Request for Proposal (Scope of Work) and (Addenda). • All Contract Provisions. • Contractor's Proposal and modifications mutually agreed upon by the City and the Contractor between the Contract award and execution of the Contract. • Contractor performance standards, incentives and penalties. • Contractor's plans developed prior to service start-up. End of Section 1 RFP 11 -082 Transit System Service & Support Services Page 21 of 117 2.2 DOCUMENTS The following section outlines the specific requirements for the Proposals and the RFP process. Proposers are cautioned to read this section carefully. Failure to provide all the required information will cause the Proposal to be rejected as non - responsive. 2.1 TYPE OF SOLICITATION SECTION 2 INSTRUCTIONS TO PROPOSERS This is a Request for Proposals (RFP) for services described herein. Each Proposal will be evaluated in accordance with the Evaluation Criteria outlined in 2.14. A committee will evaluate Proposals. Augusta, Georgia will award a Contract to the Proposer which the City deems, in its sole discretion, to be the most qualified, and in the best interest of the City. A complete set of Proposal documents shall be used in preparing the Proposal. Augusta, Georgia assumes no responsibility for errors or misinterpretations resulting from the use of an incomplete set of documents. Each Proposer shall carefully examine these documents and take such other steps, as may be reasonably necessary, to ascertain the nature of the work and the local conditions, which may affect the work or the cost thereof. Failure to do so will not relieve the Proposer from responsibility for estimating properly the difficulty or cost of successfully performing the work. Responsive Proposals are those complying in all material aspects with solicitation. Proposals that do not comply with all the requirements of the solicitation may be rejected as non - responsive. 2.3 PREPARATION OF PROPOSAL A Proposal shall be submitted on the forms furnished, or copies thereof; shall be completed in ink, typed or electronically printed and shall be manually signed. If erasures or other changes appear on the forms, the person signing the Proposal shall initial each erasure or change. If a Proposal is from an individual, sole proprietorship, or a Proposer operating under a trade name, that individual shall sign the Proposal. A Proposal by a partnership shall be executed in the partnership name and signed by a partner; the official address of the partnership shall be shown below the signature. A Proposal by a corporation shall be executed in the corporate name by the president or vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested to by the corporate secretary or assistant secretary. A Proposal submitted by a joint venture shall list the name of the joint venture and the mailing address and shall be executed by all joint ventures in the same manner as if they were individually submitting Proposals. The signature portion of the Proposal shall be altered as appropriate for execution by the joint venture and all joint ventures. 2.4 PROPOSAL CONTENT AND FORMAT The following outlines the format and required content of Proposals to be submitted to Augusta, Georgia in response to this Request for Proposals (RFP) for Transit System Service and Support. Proposers must submit materials in the following sequence: A. Bid Bond The Proposal must be accompanied by a bond, cashier's check, or certified check in an amount not less than ten percent (10 %) of the total Proposal price for twelve months of full operation of the fixed route, paratransit, and maintenance services. RFP 11 -082 Transit System Service & Support Services Page 22 of 117 B. Proposal Transmittal Letter C. General Information 1. Name of Proposer. 2. Full address of Proposer's principal office. 3. Proposer's telephone number. 4. Name(s), telephone number(s), fax number(s) and addresses if different from above, of primary contact(s) in the Proposer's organization with responsibility for responding to this RFP to who matters regarding this RFP should be directed. 5. Indicate whether the Proposer is an individual, partnership, corporation, or joint venture. If the Proposer is a consortium, joint venture, or team, indicate the entity responsible for the Proposal. 6. If a partnership, list the names and addresses of partners; if a corporation, list the names of the officers, directors and shareholders and the State of the incorporation; if a joint venture, list the names and addresses of the ventures and, if any venture is a corporation, partnership, or joint venture, list the same information for each such corporation, partnership and joint venture. D. Required Certifications 1. Primary Contractor Certification Regarding Disbarment, Suspension, and Other Responsibility Matters (Attachment 1) 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Primary Covered Transactions (Attachment 2) 3. Certification of Drug -Free Workplace (Attachment 3) 4. Buy America Certification (Attachment 4) 5. Certification Regarding Lobbying (Attachment 5) Failure to provide all the required certifications will cause the Proposal to be rejected as non- responsive. E. Addendum Provide acknowledgement, by number and date issued, of each addendum to this RFP issued by Augusta, Georgia and received by the Proposer. Failure to provide acknowledgement, by number and date issued, of each addendum to this RFP issued by Augusta, Georgia and received by the Proposer will cause the Proposal to be reiected as non - responsive. F. Proposers Qualifications 1. Experience a. Number of years that Proposer has been in the public transportation business. b. Number of years of experience the Proposer has had in providing public transportation services similar to those required in this RFP, both as a Contractor and also as a subcontractor. RFP 11 -082 Transit System Service & Support Services Page 23 of 117 c. List the Contracts or Proposals that the Proposer currently has underway or is bidding on. Include the following information for each project: • Name and telephone number or client contact. • Contract price. • Description of transportation services provided, including the size of the service. • Length of the Contract. • Whether performing service as a prime or subcontractor. d. List other Contracts that the Proposer has completed during the last five years that demonstrate qualifications to perform the work in this RFP. For a joint venture or partnership work, name the other individuals or companies and indicate who was the sponsoring individual or company. Include information on the project including the client name, name and telephone of contact, description of transportation services provided the length of the Contract and the reason for termination. e. Provide a list of clients from 2005 to the present that you no longer serve. Include a contact person and telephone number for each former client. f. State whether or not any arbitration, mediation or litigation has occurred or is pending or threatened by or against the Proposer or any officer or partner of the Proposer relating to performance under a Contract by a Proposer or Proposer's predecessors. Give details. Provide any other information, including appropriate business references, describing the Proposer's experience and past performance in providing transportation services. G. Key Personnel General Manager: Provide at least two names and resumes of the General Manager your firm is proposing. Include education, experience (including location) and accomplishments. g. H. Financial Responsibility Provide information relating to the financial condition of the firm, including information demonstrating that it has the necessary financial resources to meet the requirements shown in this RFP. This information will include: • Audited balance sheets of the firm for the last three fiscal years. • Audited consolidated balance sheets of the firm and its subsidiaries, if any, for the last three fiscal years. • Audited statements of income and stockholders' equity, if any, and changes in the financial position of the firm for the last three years. • Audited consolidated statements of income and stockholders' equity, if any, and changes in the financial position of the firm and its subsidiaries, if any, for the last three fiscal years. • Unaudited balance sheets of the firm and its subsidiaries, if any, for interim quarterly periods since the close of its last fiscal year. • State whether or not the firm, its predecessors, or its principals have been involved in a bankruptcy. If so, give details. • Evidence of ability to obtain the specified amounts of insurance in the form of a written commitment from an insurance company authorized to do business in the State of Georgia. RFP 11 -082 Transit System Service & Support Services Page 24 of 117 I. Proposers Approach to Providing Services and Support (To be completed on separate pages) 1. Understanding of Requirements After studying this RFP, including the Service Specifications, provide a statement demonstrating a clear understanding of the services and support required by this RFP of the Contractor for each service type. Keep in mind that all elements of services and support needed to meet the requirements of this RFP, which are not listed as responsibilities of the City, are assumed to be responsibilities of the Contractor, whether specifically set forth or not. 2. Description of Approach a. Provide a brief summary of the Proposer's operating philosophy. b. Provide a brief summary of how the Proposer intends to fulfill the Contractor's requirements outlined in this RFP. c. Outline proposed approach to meet each specific responsibility outlined in the Scope of Work Contractor's Responsibilities. 3. Operations a. For the fixed route, paratransit program and rural service outline the methodology that the Proposer will use to ensure quality control of the on- street operation. This is to include on- time performance, operators' adherence to rules and regulations, maintenance vehicle exchanges, use of extra vehicles to minimize Toss of service, ADA requirements, and customer service. b. The paratransit component must specifically identify strategies to be employed for addressing service quality and efficiency. c. Provide proposed schedules for dispatching and supervision for both the fixed route and paratransit programs and discuss how these activities will be maintained during all service hours. d. Submit report samples and forms addressing all aspects of the operation, including drivers' pre -trip and post -trip inspections, on time performance checks, monitoring of operators' performance, dispatch logs, daily operations reports, and vehicle assignments. e. Discuss how the paratransit certification review process and the recertification process will be accomplished. f. The Proposer will use the automated reservations and scheduling software program presently being used by APT's paratransit service. g. Provide a proposed work schedule for all key managerial staff to ensure that APT operations are monitored consistently during all AM and PM peak periods. h. Provide a copy of the Proposers Progressive Disciplinary Process. 4. Safety a. Provide a description of the Proposer's comprehensive safety program, including accident prevention, road supervision, equipment and facility monitoring, emergency preparation, accident response, investigation, and reporting procedures. b. Indicate how the Proposer will comply with all the requirements related to the federal Drug and Alcohol Testing Program and the Americans with Disabilities Act. c. Provide a description of the Proposer's comprehensive training and re- training program. RFP 11 -082 Transit System Service & Support Services Page 25 of 117 5. Customer Service a. Describe the Proposer's customer service program, including responding to customer inquiries and concerns, tracking and reporting concerns, and developing corrective actions based on feedback. b. Explain how the customer service program will be monitored to ensure that the delivery of customer service is of the highest quality. c. Describe the Proposer's approach to handling operator courtesy complaints and unsafe driving complaints. 6. Ticket Sales Outline the Proposer's approach in handling the sale of APT fare media. 7. Maintenance a. Describe the Proposer's comprehensive maintenance program that will meet the City's requirements. The plan must include, at a minimum, the following components: the preventative maintenance program, vehicle and equipment repairs, air conditioning and heating maintenance repair program, body damage repairs, DVCR follow up, specialized equipment program, parts inventory, record keeping, accounting system and warranties. b. Describe what preventive maintenance activities will be performed in -house and which will be contracted out. c. Describe the approach and timeline for monitoring and repairing accident damage. d. Describe the methodology to ensure quality control of the maintenance program, including ensuring follow -up of defective items. 8. Servicing and Cleaning Describe the proposed plan for daily and periodic detailed cleaning, together with a checklist for each type of cleaning and servicing. The plan should delineate how the appearance of the bus fleet will be maintained. 9. Revenue Collection, Reconciliation and Deposit Describe the proposed plan for collection, counting, reconciliation of passenger fares, ticket and pass revenue, including a specific identification of procedures to ensure the proper safeguarding and reporting of fares. 10. Records and Reports a. Define the Proposer's records and reporting program that encompasses all aspects of the operation and meets Augusta, Georgia requirements. b. Provide a detailed description of how the National Transit Database (NTD) program will be implemented and maintained, including the proposer approach and methodology for random sampling. RFP 11 -082 Transit System Service & Support Services Page 26 of 117 11. Personnel Provide a proposed organizational chart and staffing plan, indicating organizational structure, number of management, staff employee positions by division, full -time or part-time status of each employee, salary, and benefit schedules for each employee classification. The staffing plan should describe the skills and experience required of each of the employees, and the overall training program that will be implemented to insure that all personnel meet satisfactory standards of knowledge. The plan must also address strategies that will be adopted for recruitment and retention of employees. The plan must also include a work schedule for key managers to ensure that there are a sufficient number of key managers on property during AM and PM peak periods including AM and PM pull out. 12. Supervision The City requires a strong supervision component that provides adequate street supervision at all times that buses are operating. Describe the proposed program that will ensure that adequate geographic coverage is provided, for both fixed route and paratransit service throughout the service area, with assurances that there will be a prompt response to accident investigation or service incidents. 13. Proposed Transition Proposers should submit a time schedule setting forth the sequence of events and associated time requirements proposed to be undertaken from the Contract award through the first full month of system operations under the Contract. The time schedule must provide for the transition to the new Contract effective July 1, 2011. Note: This section must be completed by all Proposers. The present Transit Service Contractor, if it chooses to submit a Proposal, must discuss how the transition to the new Contract provisions will be accomplished. J. Cost Proposals Please submit Cost Proposals in a separate sealed envelope (Attachments 16) 1. The Proposer shall provide a firm Fixed Cost Proposal for services outlined in Section 3.2 and 3.3. The cost Proposal should set forth the firm fixed cost that the Contractor proposes to charge Augusta, Georgia to provide the services outlined herein on an annual basis for five (5) years. 2. The cost Proposal should also set forth the firm Fixed Cost which the prospective Contractor proposes to charge Augusta, Georgia to provide the services outlined herein for five (5) one -year option years. 3. The cost Proposal should be based on the characteristics of the current service, including route structure, mileage, revenue hours and deadhead hours. The city does not pay for deadhead time. 4. The proposal shall include a cost allocation breakdown of all the components of the contract including profit for each year of the contract. 5. The cost Proposal shall include a price to provide complementary paratransit service. 6. The cost Proposal shall include a proposed wage rates for EVERY employee position listed in the proposal including starting rates for new employees, and average hourly rates per year. 7. The City reserves the right to modify the Contract to remove the paratransit recertification component. The Proposer shall include in the Proposal the cost to recertify applicants. 8. Proposers should be aware that this service is subject to change should circumstances dictate. All service revisions will be based on revenue hours at the start of the Contract. RFP 11 -082 Transit System Service & Support Services Page 27 of 117 K. Solicitation Schedule (Subject to Change) Bus /Facility Inspection Monday, January 10, 2011 1:00 p.m. - 4:00 p.m. Tuesday, January 11, 2011 9:00 a.m. — 1:00 p.m. Mandatory Pre - Proposal Conference Tuesday, January 11, 2011 2:00 p.m. Augusta, Georgia Procurement Office 530 Greene Street, Room 605 Augusta, GA 30901 Deadline for Submitting Questions Thursday, January 13, 2011 by 5:00 p.m. EST Deadline for Receipt of Proposals Friday, January 28, 2011 @ 3:00 p.m. Contract Start Date Friday, July 1, 2011 2.5 PROPOSAL CONTENTS A Proposal that does not contain all the required documentation or requirements of this Request for Proposal will be deemed by the City as non - responsive and rejected. 2.6 SIGNATURE REQUIREMENTS Proposals must be accompanied by a transmittal letter signed by a duly authorized officer(s) of the firm. Consortiums, joint ventures, or teams submitting Proposals, although permitted and encouraged, will not be considered responsive unless it is established that all contractual responsibility rests solely with one Contractor or one legal entity, which shall not be a subsidiary or affiliate with limited resources. Each submittal should indicate the entity responsible for execution on behalf of the team. 2.7 PROPOSAL SUBMISSION Sealed Proposals must be submitted to Augusta, Georgia at the following address: Augusta, Georgia Procurement Department Attn: Geri Sams, Procurement Director 530 Greene Street, Room 605 Augusta, GA 30901 Proposers shall submit one (1) original clipped and six (6) complete copies of their Proposal in a sealed envelope. The full package of copies and each copy must be labeled "Augusta, Georgia Transit Service and Support Proposal" and show the name and address of the firm proposing. Supporting documents must be included with the Proposal, and cannot be submitted in a separate envelope. Only the Price Proposal should be included in a separate sealed envelope labeled "Price Proposal for RFP 11 -082. Each Proposal must be accompanied by a Bid Bond covering the provision of service in a form acceptable to Augusta, Georgia in the amount of ten percent (10 %) of the total price Proposal for twelve months of operation of the fixed route, paratransit service, and rural service as shown in Cost Summary of the Proposer's Proposal. Proposals must be received by 3:00 p.m. EST on Friday, January 28, 2011. Proposals delivered after the appointed time and date or unaccompanied by the Bid Bond and the Proposal Transmittal Letter will be deemed non - responsive. 2.8 PROPOSAL EFFECTIVE DATE Each Proposal shall remain open for a period of ninety days (90) days beginning with the date Proposals are opened. RFP 11 -082 Transit System Service & Support Services Page 28 of 117 2.9 MANDATROY PRE - PROPOSAL CONFERENCE AND VEHICLE INSPECTIONS A vehicle and facility inspection will be held on Monday, January 10, 2011 from 1:00 p.m. to 4:00 p.m. and Tuesday, January 11, 2011 from 9:00 a.m. to 1:00 p.m. The Mandatory Pre - Proposal Conference will be held on Tuesday, January 11, 2011 at 2:00 p.m.at Augusta, Georgia Procurement Office, 530 Greene Street, Room 605, Augusta, GA 30901 2.10 QUESTIONS All questions and requests by Proposers concerning this solicitation shall be in writing by fax at 706 821 -2811 or by email to probidandcontract (c� auqustaga.gov and directed to Geri Sams, Procurement Director. Responses to any communications will be made available to all known registered Proposers. Proposers are cautioned that no prior, current, or post -award conversations, representation or agreement (s) with any officer, agent, or employee of the City shall affect or modify any terms or obligations of the RFP or any Contract resulting from this procurement. 2.11 REVISIONS TO RFP The City will issue an Addendum to the RFP if it becomes necessary to revise any part of the RFP, or if additional information is necessary to enable Proposers to make an adequate interpretation of the provisions of the RFP. All Addenda will be provided to each registered Proposer. All Addenda shall be acknowledged by date and number in the Contractor's Proposal. 2.12 PROTESTS Protests related to this solicitation will only be accepted from registered Proposers whose direct economic interest would be affected by the award of a Contract or failure to award a Contract. A copy of Augusta, Georgia's protest procedures is included. All protests should be sent to: Augusta, Georgia Purchasing Department Attn: Geri Sams, Procurement Director 530 Greene Street, Room 605 Augusta, GA 30901 This project is funded in part by the Federal Transit Administration (FTA). FTA review of protests is limited to a grantee failing to have protest procedures, violating such procedures, or failing to review a complaint or protest. 2.13 EVALUATION AND NEGOTIATIONS An Evaluation Committee is established to review and evaluate all Proposals submitted in response to this RFP. The Evaluation Committee will conduct a preliminary evaluation of all Proposals to determine if all the requested information was provided. Any Proposal not containing all of the requested information will be declared non - responsive and will be withdrawn from further consideration. All Proposals determined to be responsive will be evaluated against the established criteria. The Evaluation Committee may request clarifications, in writing, to any element of the Proposer's Proposal package. Such clarifications shall be requested, in writing, by the City's Transit Division Manager or his /her designee, and shall specify the information requested and the response date required. RFP 11 -082 Transit System Service & Support Services Page 29 of 117 The Evaluation Committee may select to hold oral interviews in Augusta, Georgia with the highest rated Proposers. Key management personnel must be available at the interview, including the proposed General Manager and the entire proposed senior management staff. The City may choose, at its sole discretion, to not interview all Proposers or to award a Contract without conducting any oral interviews, or to award no contract. The Evaluation Committee may or may not conduct negotiations with Proposers within a competitive range. If the Evaluation Committee chooses to conduct negotiations, the Proposers will be requested to submit "best and final" offers. Such offers shall include any modifications made to Proposals. The Evaluation Committee shall review the "best and final" offers and conduct a final evaluation of Proposals based on the evaluation criteria. The Evaluation Committee will recommend the top ranked Proposer deemed to have proposed services in the best interest of the City for approval to the Augusta, Georgia Board of Commissioners. 2.14 EVALUATION CRITERIA Proposals will be evaluated on the basis of the following criteria: A. Qualifications /Experience 1. Proposer's experience in providing transit service of similar scope and complexity. 2. Qualifications and experience of proposed General Manager. 3. Financial stability of Proposer. B. Approach to Providing Transit Services 1. Understanding of requirements. 2. Suitability of proposed services. C. Cost Proposal Reasonableness of proposed rates and allocation of resources. Lowest 10 pts Second 8 pts Third 6 pts Fourth 4 pts Fifth 2 pts D. References Proposer shall provide a complete list of properties where transit service was provided, along with the Contract years, a contact name, title, and phone number. E. Proximity to the Area Within Augusta Richmond County 5 pts Within CSRA 4 pts Georgia 3 pts Southeastem US 2 pts All Others 1 pt 2.15 CONTRACT AWARD AND CONDITIONS 40% 30% 10% 15% 5% 100 points The Contract will be awarded to the most qualified Proposer whose offer conforms to the Request for Proposals and whose offer is most advantageous to the City. This RFP specifies the Scope of Work required for this project. The successful Proposer, to whom an award is made, is required to enter into a Contract with the City that contains terms and conditions substantially similar to those contained in Section 4 hereof. The City reserves the right to delete, add to or alter provisions of the Contract prior to execution and any amendments thereafter shall be mutually agreed upon in writing. RFP 11 -082 Transit System Service & Support Services Page 30 of 117 2.16 IMPLEMENTATION SCHEDULE The City's existing transit services shall not be disrupted as a result of the implementation of the Contract. The Proposer shall submit a Transition Plan guaranteeing a smooth transition program related to all transit system service and support, including, but not limited to, bus operations, maintenance, employees, and customer service. Following the award and execution of the Contract, Augusta, Georgia will issue a Notice to Proceed to the Contractor, which will specify that the Contractor will assume full responsibility for all service components on July 1, 2011. 2.17 PERFORMANCE BOND A performance bond in the amount of equal to four months of the contract sum will be required of the successful proposer. A Performance bond can be in the form of a bond, cashier's check, or certified check for the amount stated. Bonds must be written by a surety company, licensed to do business in the State of Georgia, have a "Best's" rating of "B +" or better, appear on the current U.S. Treasury Department list of sureties that are acceptable on bonds for the federal government (circular 570), and have recommended bond limits equal to or in excess of those required for this project or otherwise be acceptable to the Owner. End of Section 2 RFP 11 -082 Transit System Service & Support Services Page 31 of 117 SECTION 3 OPERATIONS AND MAINTENANCE OF AUGUSTA PUBLIC TRANSIT SCOPE OF WORK 3.1 CITY DUTIES AND RESPONSIBILITIES The City has the following responsibilities and performs the following duties with respect to APT. (The Contractor will assist the City in this regard). A. System Planning and Administration The City is responsible for all planning activities relative to APT routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, preparation of planning documents, budgets, grant applications and related documents, and other such activities relative to the overall system administration. B. Advertising and Promotions The City prepares and pays for all advertising and promotional materials designed to inform APT patrons of APT operations and to promote ridership. C. Media Inquires THE CITY WILL RESPOND TO ALL MEDIA INQUIRIES. D. Operations and Maintenance Facility The City shall provide the operations and maintenance facility for APT. The facility is located at 10535 Fenwick Street, Augusta, Georgia. The following functions are undertaken at this facility: • Fixed Route Dispatch • Fixed Route Operations • Paratransit Dispatch • Paratransit Operations • Driver Break Room • Payroll • Safety and Training • Service, Maintenance and Fueling • Customer Service • Department Management and Administration • Farebox Probing, Vault and Revenue Counting • Rural service Management and Administration Note: Augusta, Georgia will be constructing a new transfer facility, transit center, and relocating the administrative and maintenance buildings. When the facilities are completed all personnel will move accordingly. E. Vehicles and Equipment The City will provide to the Contractor the vehicles set forth in Exhibit 7 entitled "APT Revenue and Non - Revenue Vehicle Inventory". These vehicles and equipment shall only be used for activities directly related to the transit system covered by this Contract, unless otherwise authorized, in writing, by the City. RFP 11 -082 Transit System Service & Support Services Page 32 of 117 The City has established that non - revenue vehicles are to be used for APT business purpose only, and are not to be driven for after -hours use. This requires all vehicles to be left at APT offices overnight. Any variation from this policy must have written authorization from the City. F. Computers Computer hardware and software will be provided and maintained by the City. G. Internet Access Access to the Internet by Contractor employees requires approval of the City's IT Department. The City will absorb the cost of approved Internet. H. Fax Machine The Contractor shall provide at a minimum one (1) fax machine. I. Copy Machines The Contractor shall reimburse the City for all costs associated with all copy machines located in Contractor work areas including maintenance, paper, per copy cost, toner, and any servicing. Once the City's copy agreement has expired, Contractor my elect to purchase their own copier. J. Fuel The Contractor will provide diesel fuel for APT revenue vehicles. The Contractor shall pay for the fuel used for Contractor support vehicles, i.e. supervisor's vehicles. K. Schedules, Passes, and Tickets The Contractor will prepare, print, and provide all schedules, passes, tickets, and like materials required by APT operations. The Contractor shall assist the City in developing new route schedules or revising route schedules. The Contractor shall distribute and disseminate such materials in accordance with the provisions of this Contract and any direction supplemental thereto provided by the City. The Contractor is responsible for placing schedules at various locations throughout the City. Each location shall be checked on a monthly basis by the Contractor to ensure that an adequate number of current APT route timetables are available at each location. The City will provide the Contractor with a list of locations. L. Radio Communication Systems The City has implemented a Citywide 800 MHz communication system. Fixed route paratransit vans, rural vans, and support vehicles are equipped with the City communication equipment and all operate on the City system. A sufficient number of handheld radios are also provided to the Contractor. Lost handheld radios shall be replaced by the Contractor to the satisfaction of the City and a police report must be submitted to the City for any radio reported stolen. The City is financially responsible for providing the radio license, all radio equipment and equipment installation. A separate firm is responsible for maintenance of radios at the City's expense. The City establishes the communication policies and procedures with which the Contractor will comply. M. Fareboxes The City provides the electronic farebox system for the fixed route system, including the software and hardware. At present, the fareboxes are manufactured by GFI Genfare. Our fare collection system utilizes bus validating fareboxes complete with a cash box and card reader. The system also utilizes trim units. The fixed route buses utilize a 32 inch Odyssey farebox. The Contractor is responsible for the maintenance of the fareboxes. RFP 11 -082 Transit System Service & Support Services Page 33 of 117 N. Electronic Destination Signs The City provides the electronic destination signs for the fixed route buses. The fixed route buses have Luminators signs, and eight (8) of the paratransit buses have no destination signs. APT has started the process of all future bus purchases will include voice enunciators. O. Revenue Collection Equipment The City will provide a coin sorter /counter and bill counter. The Contractor shall maintain the equipment in good operating condition at all times and provide quarterly preventative maintenance by an authorized dealer. The Contractor shall provide the City with quarterly preventative maintenance reports. P. Notification — Potential Interference with APT Operations The City will make a reasonable effort to notify the Contractor in advance of any road closures, detours, parades, or other such events under City jurisdiction, which may interfere with APT operations or require deviations from established routes or schedules. 3.2 CONTRACTOR DUTIES AND RESPONSIBILITIES A. Operations The Contractor shall provide the necessary management, technical and operating services for the operation of Fixed Route, Paratransit, and Rural Transit as specified by the City. The Contractor shall assist and cooperate with the City in meeting the objectives of providing quality transportation services. The Contractor shall perform close liaison activities, coordination, and cooperation with the City on matters related to operations, monitoring, reporting and service performance measurements, and will respond immediately to any inquiries, concerns, and request of the City. The Contractor shall furnish all equipment and services required in the operation and management of APT, unless specifically identified to be contributed by the City. 1. Fixed Route Service Using vehicles and equipment provided by the City, the Contractor will operate fixed route bus services as specified by the City. Fixed route bus service shall be operated in strict accordance with the operating days and hours, routes and schedules, set forth, and shall provide such service in a safe, professional, and courteous manner. Fixed route service hours and the peak period bus requirements may vary over the term of the Contract depending upon funding and other considerations. The Contractor is authorized to deviate from established routes when necessary to avoid construction detours and vehicles or other obstructions within the public right of way as long as missed bus stops are covered by a supervisor. All deviations are to be reported to the City immediately. In the event that a fixed route bus operates more than ten minutes behind schedule, the Contractor shall report this to the City immediately, and take all available steps to restore on- time performance. The Contractor shall establish procedures, subject to City review and approval, to restore on -time performance in a timely and on -going consistent manner. The Contractor is responsible for developing and distributing all schedule blocks and run cuts in conformity with the City's prior approval and specifications. RFP 11 -082 Transit System Service & Support Services Page 34 of 117 A dispatcher is required to be on duty in the fixed route dispatch office at all times while buses are in service. The dispatcher will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers, supervisors and maintenance personnel regarding operations, service, safety, and customer service issues. Detailed logs must be kept on ALL communications through an automated system to be provided by the Contractor and approved by the City. When requested by the City, drivers will distribute notices to passengers or otherwise render assistance in the City's customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and /or validate passes and tickets; issue, collect, and validate transfers, as determined by the City. Drivers will be properly trained regarding adding cash value on a Breeze Card. Drivers shall verify all Breeze Card fare payments and shall not let a passenger ride if the proper fare has not been paid. Drivers will verify cash fares deposited in the fare box, and are not permitted to handle fares. If a passenger is unable to deposit their fare in the farebox, due to a disability, the driver may assist the passenger. Drivers will record ridership counts by passenger categories using the electronic farebox system provided on the bus. Drivers shall have available, at all times during the operation of any bus, an accurate time piece set each day to conform to the National Bureau of Standard Time, and a flashlight for pre -trip and post -trip inspection. Drivers will be required to operate the lift, ramp, kneeling features, and assist in securing wheelchair and scooters. Some APT fixed route buses are equipped with Automatic Vehicle Enunciator Equipment. Drivers will be required to activate the equipment and make sure it is programmed properly. Drivers will be required to announce all ADA required stops when the Automatic Vehicle Enunciator Equipment is not working or available on the bus. Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in the Contractor's Operating Rules and Procedures, and State of Georgia DOT requirements. The Contractor must provide a reliable monitoring program to insure a high performance capability in achieving consistent on -time performance. The Contractor will be responsible for, through routine daily monitoring of transit services, of accumulating data and assembling reports that assist in identifying equipment, schedule, or service level improvements. The monitoring may, from time to time, include ridership statistics; i.e. passenger counts by trip or block, on -time performance and run -time data, on board ride checks and analysis of schedule, route or service problems. The Contractor is responsible for adjusting transit monitoring personnel levels and utilizing existing personnel with other permanent duties as needed to assist in ensuring a consistent high quality of service. The monitoring plan and procedures are subject to City approval. The City requires a strong Supervision Component that provides adequate street supervision at all times buses are operating. The Contractor must implement a program that provides adequate geographic coverage throughout the transit system's service area with assurances that there will be a prompt response to accident investigations or service incidents. Because of the geographic size of the service area, street supervision staffing must be evaluated carefully. The City requires an immediate response time to service incidents including the out of City service points. A special emphasis must be placed on supervision at all APT locations. The Contractor shall immediately notify the City of a service incident. The Contractor is required to provide the names of the supervisors who worked exclusively for fixed route, and the number of hours worked per day. This information shall be turned in daily. On a daily basis, fixed route supervisors shall do an on -time check of 10% of all trips. Time checks shall be conducted at the Transfer Center and at anv location requested by the City. Time check reports shall be turned into the City on a daily basis. The City will not pay revenue hours for ANY bus that is driven by a supervisor, manager and /or safety personnel unless the Contractor has obtained PRIOR authorization from the City. RFP 11 -082 Transit System Service & Support Services Page 35 of 117 2. Paratransit Paratransit service shall be operated in strict accordance with the established operating days and hours or any revisions thereto. The actual number of trips and hours may vary over the term of the Contract. Past history data should be used as approximations. The actual service may increase or decrease over the term of the Contract, depending on the demand for service, the characteristics of the fixed route service, the City budget or based on changes in the ADA law. The Contractor shall employ qualified personnel to review all applications for certification or re- certification and make eligibility determinations, following the Federal Americans with Disabilities Act (ADA) requirements. The Contractor is responsible for coordinating this process, commencing with distributing application forms, evaluating completed applications, responding to customers on the certification status, and maintaining an automated database on all certified customers. The Contractor is responsible for all tasks and costs associated with the certification and /or re- certification process, and the mailing of all paratransit information materials. The Contractor, as required by the ADA, will communicate certification decisions to customers within twenty -one (21) days of receipt of the completed application. The Contractor will provide the City with monthly reports showing the status of all certification applications and the time required to determine and communicate their decisions to the applicant. Appeals of decisions will be directed to the City for response. The Contractor will provide the City with all necessary information to evaluate the appeal. A hard copy file shall be developed and maintained on all paratransit applicants whether approved or denied, and a copy of all correspondence sent to the applicant by the Contractor shall be maintained in this file. The City shall have access to these files at all times. At no time shall paratransit files be inaccessible to City personnel. The Contractor will coordinate the certification and recertification of paratransit participants as directed by the City. The Contractor is to assume all tasks and costs associated with the re- certification process. The City reserves the right to modify the Contract to remove recertification function. The Contractor will be responsible for issuing ADA eligibility photo identification cards. The photo I.D. will be issued according to the City's current procedures and in conformance with the ADA regulations. The Contractor is responsible for providing the Photo I.D. Equipment and the special photo ID Cards. All reports produced for paratransit service and forwarded to the City must be produced through the City's Computerized Scheduling Software. No handwritten reports will be accepted. Custom reports are required and the information on the reports must be linked from scheduling software. Reservations must be taken during normal business hours. The current hours and days for taking reservations are from 8:00 a.m. — 4:00 p.m. Monday through Friday, even if a holiday is observed on those days. The City will not pay an additional charge if reservations must be taken on a holiday. These hours are subject to modification based on ADA regulations or changes in service hours or days. The Contractor will provide an automated reservation, scheduling, and dispatching program for the provision of paratransit service. The software will be capable of scheduling all requested trips per day and integrating the requests for service into efficient vehicle routes that maximize productivity, minimize the cost to the City, and assure quality service. RFP 11 -082 Transit System Service & Support Services Page 36 of 117 All paratransit trips shall be scheduled using real -time scheduling, and all trips must be placed on a route. The City's present scheduling software (Trapeze) will be used by the Contractor. Flexibility is required in the deployment of vehicles throughout the day. The Contractor shall be required to schedule passenger trips and deploy vehicles to provide service to meet service demand in the most efficient and cost effective manner while meeting ADA requirements. Where necessary, the Contractor must be prepared to employ shifts to provide more service during peak service hours and /or be prepared to deploy a vehicle to handle a small number of trips, or just one trip. The Contractor is responsible for meeting ADA requirements relative to the delivery of service, including picking up trips within the 30- minute window. The Contractor shall notify the customer in the event of an unavoidable delay. The Contractor shall give the City a six (6) month written notice of the need for additional paratransit vehicles. The Contractor shall justify the reason(s) for needing the additional vehicles. The Contractor shall provide the necessary reservation personnel to efficiently respond to incoming calls for reservations requests, trip revisions, general information, and complaints or commendations. Reservation personnel must be well versed in ADA law and the City's requirements for the provision of paratransit service. Reservation personnel will maintain a daily log of all telephone requests received and include information on trip revisions and cancellations. Reservation personnel shall be required to operate the automated paratransit reservation system. Reservation and dispatch personnel must be able to operate TDD equipment for communication with hearing impaired patrons. Good customer relation skills are vital for all reservation personnel. The City will pay for paratransit service on a per -trip basis, regardless of the distance or the time it takes to complete the trip. The City will not pay for cancellations or no shows. The City will not pay for any paratransit trip in which a supervisor, manager and /or safety personnel drove the bus without approval by the City. A paratransit personnel is required to be on duty in the paratransit office at all times while vans are in service. The dispatcher will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers, supervisors and maintenance personnel regarding operations, service, safety, and customer service issues. Detailed logs must be kept on ALL original communications. When requested by the City, drivers will distribute notices to passengers or otherwise render assistance in the City's customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and /or validate passes and tickets; and issue, collect, and validate transfers, as determined by the City. Drivers will verify cash fares. Drivers will record revenue counts by passenger on the driver's manifest. The fare collected is to be totaled by the driver at the end of each tour. Drivers will also record on the manifest all critical times and mileage necessary to document: • Number of Trips. • Revenue Hours and Revenue Mileage — First pickup to last drop off, excluding lunch and breaks. • Service Operation — Sign in, depart yard, arrive /depart each pickup, arrival back at yard, and sign off. Drivers will be required to operate the lift and assist in securing wheelchair and scooters. RFP 11 -082 Transit System Service & Support Services Page 37 of 117 Drivers must assure that all passengers, in scooters or wheelchairs, are secured by seat belts and wheelchair restraining systems. Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in the Contractor's Operating Rules and Procedures, and State of Georgia DOT requirements. Drivers must wait five (5) minutes at the trip origin location AFTER the appointed pick up time, or five (5) minutes upon arrival if arriving after the scheduled pick up time, before a passenger can be considered a no -show and the driver departs the location. Drivers must communicate immediately with Dispatch in all cases where a passenger is a no -show. Dispatch must approve the driver to no -show the passenger and place the information on the dispatch log. A strong Supervision Component is required for the paratransit program. This must include ensuring that ADA requirements are being followed in the paratransit service delivery and that information related to fares, mileage, trips, and revenue hours is being reported accurately. 3. Rural Rural transit service shall be operated Title 49 USC Section 5311 and GDOT guidelines. It shall also be operated in strict accordance with the established operating days and hours or any revisions thereto. The actual number of trips and hours may vary over the term of the Contract. Past history data should be used as approximations. The actual service may increase or decrease over the term of the Contract, depending on the demand for service. Reservations must be taken during normal business hours. The current hours and days for taking reservations are from 8:00 a.m. — 2:00 p.m. Monday through Friday, even if a holiday is observed on those days. The City will not pay an additional charge if reservations must be taken on a holiday. The Contractor will use the City's automated reservation, scheduling, and dispatching program for the provision of rural service. All rural trips shall be scheduled using real -time scheduling, and all trips must be placed on a route. The City's present scheduling software (Trapeze) will be used by the Contractor. Reservation personnel will maintain a daily log of all telephone requests received and include information on trip revisions and cancellations. Reservation personnel shall be required to operate the automated reservation system. Reservation and dispatch personnel must be able to operate TDD equipment for communication with hearing impaired patrons. Good customer relation skills are vital for all reservation personnel. The Contractor will pay for rural transit service regardless of the distance or the time it takes to complete the trip. Rural transit service is a reimbursable expense. A rural personnel is required to be on duty in the rural office at all times while vans are in service. Rural personnel will be required to monitor and respond to radio communications throughout operating hours and communicate with drivers and maintenance personnel regarding operations, service, safety, and customer service issues. Detailed logs must be kept on ALL original communications. When requested by the City, drivers will distribute notices to passengers or otherwise render assistance in the City's customer relations, promotion, monitoring, and supervisory functions. RFP 11 -082 Transit System Service & Support Services Page 38 of 117 C. Safety Drivers will be required to honor special passes; collect, cancel and /or validate passes and tickets; and issue, collect, and validate transfers, as determined by the City. Drivers will verify cash fares. Drivers will record revenue counts by passenger on the driver's manifest. The fare collected is to be totaled by the driver at the end of each tour. Drivers will also record on the manifest all critical times and mileage necessary to document: • Number of Trips. • Revenue Hours and Revenue Mileage — First pickup to last drop off, excluding lunch and breaks. • Service Operation — Sign in, depart yard, arrive /depart each pickup, arrival back at yard, and sign off. Drivers will be required to operate the lift and assist in securing wheelchair and scooters. Drivers must assure that all passengers, in scooters or wheelchairs, are secured by seat belts and wheelchair restraining systems. Drivers must fill out a pre -trip and post -trip vehicle inspection as outlined in the Contractor's Operating Rules and Procedures, and State of Georgia DOT requirements. Drivers must wait five (5) minutes at the trip origin location AFTER the appointed pick up time, or five (5) minutes upon arrival if arriving after the scheduled pick up time, before a passenger can be considered a no -show and the driver departs the location. Drivers must communicate immediately with Dispatch in all cases where a passenger is a no -show. Dispatch must approve the driver to no -show the passenger and place the information on the dispatch log. A strong Supervision Component is required for the rural program. B. Fuel and Maintenance At present, fueling of the rural transit vans is done by the use of the City's Fuel Card System. Maintenance of the vans is performed by an outside private contractor. The Contractor will be responsible for how these functions will be performed under this proposal. The Contractor shall assume full responsibility for assuring that the safety of passengers, personnel, members of the public and the City's vehicles and equipment are maintained at the highest possible level throughout the term of this Contract. In this regard, the Contractor will develop and implement an ongoing comprehensive safety program covering all aspects of the system. The Safety Program must meet at a minimum at all times, all applicable Federal, State and Local regulations. The Safety Program must be submitted and approved by the City one month prior to service startup. The Contractor will require all drivers, supervisors, dispatchers, mechanics, and managers to participate in the Safety Program. The following areas are to be included in the Safety Program: 1. Safety Reviews and Accident Prevention The program will include provisions to regularly review all aspects of the operation to ensure that the service being provided meets the highest level of safety standards. This will include audits of vehicles and equipment, delivery of accident prevention programs, holding monthly safety meetings, and ensuring follow -up of findings. RFP 11 -082 Transit System Service & Support Services Page 39 of 117 2. Emergency Preparation The Contractor will develop written procedures and provide training programs to address all types of emergency situations, including accidents, crime /security incidents, inclement weather, bomb threats, and acts of terrorism. 3. Accident/Incident Response and Reporting The Contractor shall develop and implement written procedures, subject to City review and approval, to respond to and report all accidents and incidents. Such occurrences are to include vehicle accidents, passenger injuries or disturbances, employee injuries, and lift failures on in- service buses. All traffic accidents involving transit system vehicles are to be reported immediately to the Richmond County Sheriff Department or other appropriate police unit, as well as the City. 4. Accident Investigation, Rating and Follow -up The Contractor will develop procedures to investigate, review and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline revision, or equipment maintenance or technical correction required, together with a follow -up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the U.S. Department of Transportation. D. ADA Requirements The program will encompass provisions for meeting ADA public transit requirements, including the policies, regulations and training of all bus operators in the safe use of all ADA bus equipment. Requirements include the operation of wheelchair lift equipment, wheelchair securement procedures, lift standee policies, operation of bus kneeling features, public address system, vehicle enunciator equipment, the need to make ADA stop announcements even if the vehicle enunciation equipment fails, boarding and securing of mobility devices, service animal regulations, first aid, CPR, and an awareness of a variety of disabilities and the medical symptoms or risks associated with them. The program shall also include an extensive Sensitivity Training Program with corrective action listed. E. Druq and Alcohol Testing Program 49 CFR Parts 653 and 654 The Contractor agrees to establish and implement a Drug and Alcohol Testing program that complies with all applicable laws including 49 CFR Parts 655 and 40, produce any documentation necessary to establish compliance with Parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Georgia, or the City to inspect the facilities and records associated with the implementation of the Drug and Alcohol Testing Program as required under 49 CFR Parts 655 and 40 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 655 and 40 before December 31 of each year and to submit the Management Information System (MIS) report before February 15 of each year, to the Augusta, Georgia Department of Transportation prior to transmitting it electronically to the FTA. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements ", which is published annually in the Federal Register. RFP 11 -082 Transit System Service & Support Services Page 40 of 117 F. Bus Roadeo /Memberships The Contractor will be responsible for the planning, organization, cost and carrying out of the transit system's participation in local, state and national bus roadeo competitions. This involvement includes training, course knowledge, competition regulations and the actual event coordination. The bus roadeo competitions for fixed route, paratransit, and rural operators are an important safety and training opportunity. The City will encourage the Contractor's continued active involvement in this safety /training function for all fixed route, paratransit and rural drivers. The Contractor will be responsible for any professional association memberships to enable local bus roadeo winners to participate in the National Roadeo. This includes a membership in the American Public Transit Association and the Georgia Transit Association. G. Customer Service The Contractor will operate a Customer Service Program, which accomplishes the following: 1. Customer Inquiries, Complaints, and Commendations A main focus of the Customer Service Program is the handling of all customer /public inquiries, complaints or commendations received by mail, fax, e-mail, phone, or in person. Customer service shall be provided during all hours that APT revenue service is operating. All inquiries, complaints, or commendations shall be recorded on a permanent customer comment form. The comments are to be routed to the appropriate department for research and follow -up action. All complaints shall be initially responded to within 24 hours from the time of receipt of the complaint, Monday through Friday. Complaints received on Friday or Saturday shall be responded to on Monday. The complaint shall be researched, and a follow - up call shall be made to the customer within three (3) working days. An important requirement of the program is the supervision of information responses to assure quality control, accuracy and customer service. In addition, the Contractor shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality and level consistent with customer demand. 2. Computerized Database of Customer Complaints, Comments and Commendations A monthly comprehensive report is to be provided to the City showing a summary of all customer communication (both received and sent). The report is to be organized by the customer comment category, by bus route, date, and customer name or employee name. Follow -up action taken to address the concerns must be specified in the report. This report shall be forwarded to the City within ten (10) days from the close of the previous month. H. Fare Media Sales Program The Contractor will sell fare media for all APT services at the Transfer Facility. Hours of sales at the Transfer. Facility are 8 a.m. — 5 p.m. on weekdays. The City may also add additional locations where the Contractor shall sell media fare. The City reserves the right to modify the hours of fare media sales and pass sales. The Contractor will accept payment by cash and/ or money order. RFP 11 -082 Transit System Service & Support Services Page 41 of 117 All revenues from the fare media sales are to be included in the passenger fare deposits and belong to the City. The Contractor must provide complete accountability to the City for this program. A periodic inventory of fare media will be conducted yearly, or at the City's request. The Contractor is responsible for fare media inventory control. If the inventory of fare media indicates missing fare media, the Contractor will be required to reimburse the City the face value of the fare media. I. Lost and Found Program The Contractor will be responsible for operating a Lost and Found Program and shall manage all goods lost and found on the buses or at the transit facilities. This may include fielding inquiries on the phone or in person. Lost and found items are to be held in a secure location and are to be held for thirty (30) days (unless the item is of great value). Items of great value shall be reported to the City, and held until further notice from the City. After 30 days, all items must be inventoried and turned over to the City. J. Reduced Fare Program The Contractor is responsible for issuing special identification cards to disabled individuals (those who do not qualify for ADA services) under the guidelines associated with the APT Reduced Fare Program and FTA guidelines. The Contractor shall be responsible for managing the Reduced Fare Program and maintaining accurate and up to date files on all passengers who have been issued Reduced Fare Identification Cards. This information shall be maintained on a computerized database. K. Bus Stops The Contractor is responsible for maintaining and updating a computerized APT bus stop inventory which delineates the location of all bus stops, the routes that serve each stop, and the improvements located at each stop. The Contractor shall assist the City in the evaluation of requests for additional stops and make recommendations to the City on stop additions, removal and relocations. The recommendations need to be based on ADA, safety and community considerations. This task will be undertaken for new routes. The Contractor shall assist the City in making recommendations on all bus stops for new routes or realigned routes. The recommendations are to be accompanied by complete documentation for each of the proposed signs, including sketches of the site with information on adjacent roads, land uses, and ADA requirements. The Contractor will be responsible for labor and materials used in the performance of this work. The Contractor will be responsible for maintaining bus stops or bus shelters. L. Revenue Collection, Reconciliation and Deposit The Contractor will develop a Revenue Management Procedures Manual to ensure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to local and federal requirements. This manual is to be submitted to the City and approved one month in advance of service startup. The following is to be incorporated into the manual: • Fare Media Sales Program o General Guidelines o General responsibilities of ticket sales agents. • Point of Sale Cash Registers o Cash register transaction procedures o Sample transaction • Payments made by Check RFP 11 -082 Transit System Service & Support Services Page 42 of 117 • Multiple forms of Payment • Refund Policy • End of Shift and Balancing Cash Drawer • Closing the Day • Vault Room Procedures • Deposit Procedures • Daily Revenue Reconciliation The following shall also be incorporated into the manual: 1. All revenue collected by the Contractor for all services is the property of the City. 2. The Contractor shall reimburse the City for any revenues missing or stolen from vehicles or facilities. 3. The City will establish the fare structure for the system. Any changes to the fare structure, authorized by the City, will be implemented by the Contractor in the manner and at the time prescribed by the City. 4. Drivers shall be required to ensure that each patron pays the appropriate fare prior to being provided transportation services. 5. Drivers will not handle cash or make change for passengers. 6. If a passenger is unable to deposit their fare into the farebox due to a disability, the driver may assist the passenger. 7. Drivers will record ridership counts by passenger categories using the electronic farebox for the fixed route service and driver's manifests for the paratransit and rural service. 8. The Contractor shall maintain the security of the fareboxes on the buses and the associated revenue collection system. Drivers will immediately report to dispatch all problems arising with the farebox. In the event of a farebox malfunction, drivers must seek permission from dispatch before placing the farebox in bypass mode and it shall be noted on the dispatch log. The Contractor is to immediately take actions to fix the farebox problem, either by providing verbal directions to drivers, dispatching a supervisor or maintenance personnel to the bus, or taking the bus out of service. 9. Service personnel will probe the fareboxes at the probing station each night and will remove the cash box. Service personnel will place the cashbox in the vault via the outside vault door and close the vault door. Money will be automatically dumped into the large vault. After 10 seconds the vault mechanism releases the door and the cashbox. Service personnel will remove the cashbox from the vault and place the cashbox into the farebox. Accurate records will be kept of the cash boxes removed and replaced for each bus. Any problems with these procedures shall immediately be reported to dispatch. Dispatch will then secure the assistance of supervisory or service personnel to complete these tasks. 10. Money is not to be left in any revenue vehicle overnight or when the vehicle is transported to an off property garage or site. RFP 11 -082 Transit System Service & Support Services Page 43 of 117 11. Revenue is to be counted daily by staff, independent from paratransit and fixed route operations. There must be a minimum of two staff members in the count room at all times during the count. 12. All discrepancies are to be investigated and accompanied with an explanation report to the City. This report must be received within two business days of the discrepancy. The Contractor is solely responsible for lost or stolen fare revenue, APT tickets and passes, and shall reimburse the City for lost or stolen fare revenue, APT Tickets and passes. 13. Revenues are to be deposited daily into the City's bank account at the City's bank, except for Saturday. Friday and Saturday revenues will be deposited on Monday. . The City will assume costs of armored transport of revenues to the bank. 14. The Contractor will sell tickets and passes to the public at the Transfer Facility. The Contractor will accept payment by cash, check (No personal), and money order. The City may add additional locations for sales in the future, or extend the hours of sale. The Contractor shall keep a sufficient amount of change on hand to handle cash sales. The Contractor will establish, implement and monitor procedures to ensure proper accounting of all tickets and passes and revenue collected. The City will perform audits of these procedures to ensure compliance with City and federal requirements. The Contractor is responsible for lost, stolen, or damaged APT Tickets and passes. 15. The Contractor is to regularly review procedures and their implementation to ensure that the process is being administered properly and that all revenue is reported and handled in a manner that meets City and federal requirements. M. Records and Reports All records and reports are the property of Augusta, Georgia. The Contractor must maintain detailed records in all areas of the operation. This information is vital to ensure compliance with city, federal, and state requirements, and to enable a thorough monitoring and evaluation of the system, including ridership, revenue, maintenance activities, fixed route, express and paratransit service efficiency and effectiveness of customer feedback. The Contractor must develop and implement a plan to ensure the development of a comprehensive and accurate record keeping and reporting program that encompasses all aspects of the operation. This record keeping /reporting plan is to be submitted to the City one month prior to service start-up, and is to be approved by the City prior to start up. The following are to be incorporated in the Contractor's record keeping /reporting plan: • The program must utilize automated data processing to facilitate the efficient compilation and comprehensive analysis of the required data reports. • All data and records collected pertinent to the Contract must be accessible in the form of a hard copy and an electronic medium accessible by the City at any time. This information also needs to be accessible by the Federal Transit Administration, the Comptroller General of the United States or any of their authorized representatives pursuant to 49 CFR. 18.36(1). • Data processing records must have the ability to be downloaded onto a City medium and must be accessible to the City at any time. • The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract. RFP 11 -082 Transit System Service & Support Services Page 44 of 117 • The Contractor shall allow the City access and inspection of records and reports. Further, any duly authorized representative of the City shall be permitted to observe and inspect any and all of the Contractor's subcontracted facilities and activities for the purpose of evaluating and judging the nature and extent of the Contractor's compliance with the provisions of this agreement. In such instances, the City's representative(s) shall not interfere with or disrupt such activities. • The Contractor is responsible for compiling information regarding the fixed route and paratransit operations, including vehicle revenue hours, vehicle mileage, passenger trips and service failures for the preparation of the National Transit Database report. This report is critical to the receipt of federal funding, and the Contractor must insure that all deadlines and procedures established by the FTA regarding the report are followed and any follow -up responses are addressed in a timely manner. • The Contractor operations staff shall have technical training and a clear understanding of all aspects of the NTD Report including how to develop an FTA approved methodology for collecting passenger data during mandatory sampling years. In addition, on a monthly basis, the Contractor shall provide the required NTD information along with all backup information. This information shall be supplied with the monthly invoice. N. City Notification — Immediately for Fixed Route, Paratransit, and Rural Service 1. Accidents — any City vehicle or passenger. 2. Incidents that delay route more than 10 minutes. 3. Missed trips. 4. Major bus failure — any disabled bus. 5. Detour or deviation off normal routes, this includes deadhead routes. 6. Any incident whereby police or fire are contacted for assistance. O. Personnel The Contractor is responsible for developing an organization and personnel plan for the operation and for all the responsibilities relating to the employment, training and supervision of the employees. All present APT personnel will be retained for a minimum of two (2) years unless otherwise dismissed for rules and /or policy violations. (Exhibit 1) P. Organizational and Personnel Plan The Contractor will provide an organization and personnel plan identifying staffing levels for each division. The plan needs to detail the job descriptions, full time or part time designation, shifts, days of assignment and projected annual hours. The organization and staffing levels need to enable the delivery of a public transportation service that meets the City's goals. As conditions change during the life of the Contract, the Contractor is required to develop revisions to this plan to ensure the delivery of quality transit service. 1. Management The Contractor shall provide management staffing at a level and capability sufficient to oversee its functions and employees. The Contractor shall designate and provide the services of a full -time General Manager, subject to the approval of the City, who shall provide overall management and supervision of APT under the terms of this agreement. The General Manager must have a minimum of eight years in public transportation operations, including at least five years upper level supervisory experience. RFP 11 -082 Transit System Service & Support Services Page 45 of 117 The General Manager shall work cooperatively with the City's Transit Division Manager in matters relating to service quality, providing operational and other data as described in the Scope of Work, responding to comments from APT passengers and the general public, and responding to specific requests for other assistance as the need arises. The Contractor shall assure the City that the General Manager designated for this project will not be replaced without the written consent of the City. Should the services of the General Manager become unavailable to the Contractor, the resume and qualifications of the proposed replacement shall be submitted to the City for approval as soon as possible, but in no event later than ten (10) working days prior to the departure of the incumbent General manager, unless the Contractor is not provided with such notice by the departing employee. The City shall respond to the Contractor within three (3) working days following the receipt of these qualifications concerning acceptance of the candidate for replacement of the General Manager. The departing City Director will brief any new General Manager of ongoing and upcoming issues. The office of the General Manager will be physically located at APT's operations and maintenance facility. The General Manager will be expected to remain at the facility or otherwise within the APT service area as appropriate to the maximum extent possible. At all times, the General Manager or designee to act for the General Manager, shall be available either by phone or in person to make decisions regarding day -to -day APT operations or provide coordination as necessary, and shall be authorized to act on behalf of the Contractor regarding all matters pertaining to the Scope of Work. 2. Employee Screening and Selection The Contractor shall use appropriate screening and selection criteria to employ all staff. A detailed method for the selection of all employees must be developed and approved by the City one month prior to service start-up. The selection method must identify a process for evaluating minimum requirements. The following shall be addressed in the screening and selection program: Proven ability in the area of customer service. This is vital to the delivery of quality transit services. Review of driving ability for all employees operating transit vehicles. References of past employment. Drug and alcohol testing for safety sensitive employees, this includes a signed waiver at the time of hiring for any drug /alcohol testing results to be given to the City. Job related requirements for each position. 3. Training The Contractor shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by the City. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. An important part of the program is a Customer Relations component. All employees having contact with the public must complete the Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. RFP 11 -082 Transit System Service & Support Services Page 46 of 117 Dispatchers, telephone operators, supervisors, and any other personnel who may, from time to time, be assigned to telephone information or paratransit reservation lines shall be trained in customer relation skills, telephone manners, accident/incident procedures, and all operating policies. Operations control personnel assigned to paratransit trip scheduling and vehicle dispatching duties shall have a detailed knowledge of the applicable procedures, professional techniques, and rules regarding the APT paratransit program. As part of the training program, the Contractor shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a Drivers Manual. Contents of the Drivers Manual shall include the following subject areas: • Driver's Rules • Accident/Incident Policies • Radio Policies and Procedures • Cell Phone Policy • Name Plate Policy • Electronic Farebox Policies and Procedures • Video Surveillance Policies and Procedures • Traffic Control Center Policies and Procedure • Vehicle Enunciators Policies and Procedures • Fog and Inclement Weather Policies and Procedures • Vehicle Inspection Policies • Care and Maintenance Policies and Procedures • Sensitivity Training Policies • ADA Policies • Reporting Procedures • AVL Policies and Procedures • Pertinent Sample Forms Five copies of the Drivers Manual shall be forwarded to the City one month before the start of service. Any updates to the manual must be provided promptly to the City. For operators, the Contractor must certify in writing, by name, each individual operator as having satisfactorily completed all the requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. This certification requires a minimum of eighty (80) hours of training for each operator, full and part-time. The exception shall be any person for whom the Contractor can provide written documentation of both one year's experience as an operator for the Contractor in a different operation operated by the Contractor and at least forty (40) hours of formal training by the Contractor at the City's operation. Experience and training with other transportation systems, including other public transit agencies or school systems is not acceptable. The minimum eighty (80) hours shall include the following: The eight (8) hour minimum National Safety Council Defensive Driving Course or equivalent with satisfactory scores. A minimum of thirty -two (32) hours of wheel time must be performed, including at least two round trips on each route. One trip shall be done without assistance by the trainer to test the operator's knowledge of the route. Each operator shall operate all types of buses during training. RFP 11 -082 Transit System Service & Support Services Page 47 of 117 At least eight (8) hours of classroom instruction shall be performed for each of the following categories: • Passenger relations • Accident reporting procedures • Radio communication procedures and codes • Schedules, routes, fares, and farebox procedures • Vehicle enunciator procedures • Sensitivity training • ADA regulations To maintain each individual operator's certification, the Contractor must provide and document annual refresher training of at least eight (8) hours for each operator covering all the aforementioned categories. The Contractor's Safety Department shall conduct and document on -board evaluations of all operators regardless of how long they have been employed. Each ride check shall be a minimum of one hour and shall be conducted by the Contractor every three months on each operator and made available to the City for review. The Contractor is responsible for training all operators on the requirements for public transit as defined in the Americans with Disability Act of 1990 (ADA) requirements or subsequent updates. A comprehensive, on -going training program shall be developed by the Contractor addressing ADA requirements. A copy of the Contractor's comprehensive on -Going ADA training program shall be provided to the City 30 days prior to the start of service. The City will strictly enforce compliance with the ADA law and has established performance standards to ensure the Contractor's employees are responsible in this area. Paratransit training will include all the requirements identified for fixed route operators. Paratransit operators must hold a valid CDL license. In addition to the training requirements previously identified, ALL operators will be required to complete additional sensitivity training related to transporting persons with disabilities. This training shall be more comprehensive than the general sensitivity training programs, emphasizing the ADA requirements, sensitivity, boarding and wheelchair securement skills, and will provide a higher awareness of the various disabilities. 4. Supervision The Contractor's supervision program must ensure that a high quality level of service is being delivered to APT passengers at all times. Supervisor staffing levels, in all departments, should be evaluated carefully by the Contractor to meet the above goal. Supervisors must have and maintain a Commercial Driver's License with a passenger endorsement. The Contractor must document and report to the City all instances where supervisors and dispatchers are used as operators. The Contractor must develop a plan for ensuring adequate supervision in these instances. Additionally, every three months, or at the direction of the City, the Contractor shall conduct spot checks of all supervisors in the field to evaluate the performance of each supervisor and provide the City a copy of the spot checks. RFP 11 -082 Transit System Service & Support Services Page 48 of 117 Q. Uniforms All operators are required to wear the official APT uniform. The City shall determine the uniform policy. The Contractor may not alter or replace uniform parts without the express approval of the City. The operator uniform includes a distinctive name and number badge, insignia, hat, slacks, shirt, jacket, watch, belt, shoes and socks. Maintenance employees and supervisors must be in uniform when on duty and such uniforms must be approved by the City. The Contractor shall supply the City with a plan for the proposed uniform pieces and supplier. However, the system logo, name, and colors are determined by the City. Operators and street supervisors must be clean and professionally dressed at all times. The uniform may not be worn while off duty, such as while operating a charter service which is not a part of the APT service. As managers set the example for their employees, managers should pay particular attention to their attire, and shall be clean and professionally dressed at all times. R. Name Plates While on duty, each operator shall display their first initial and last name on the bus or their employee number. S. Cell Phones, Audio and Visual Equipment/Onboard Camera Surveillance Equipment/AVL Equipment Operators are not permitted to carry or use cell phones, audio or visual equipment while in revenue service, with the exception of a hand held City radio used in revenue service. Tampering with or disabling any equipment onboard any APT bus will result in the permanent removal of the employee from all activities associated with this Contract. T. Equal Employment Opportunity (EEO) Affirmative Action The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, state and city regulations and policies. U. Progressive Disciplinary Policy The Contractor shall provide the City with a copy of their Progressive Disciplinary Policy. The Contractor shall follow their progressive disciplinary policy during the entire duration of this Contract. Failure to follow the progressive disciplinary policy may result in termination of the Contract. V. Turnover Procedure Upon termination of this agreement, the Contractor shall return all City owned vehicles and equipment to the City ready for use, with no deferred maintenance or damage. The Turnover Procedure outlined below will be followed during the turnover period. In the event that the Contractor returns APT vehicles and /or equipment to the City with deferred maintenance or damage (as identified in the Turnover Procedure), the City shall determine the cost to correct such deficiency(s) and City shall withhold said amount from Contractor's final payment(s). The City may, at its discretion, use withheld funds to correct and resolve deferred maintenance and /or damage as necessary to bring fleet into compliance with acceptable standards for turnover. RFP 11 -082 Transit System Service & Support Services Page 49 of 117 1. Turnover Procedures b. Initial Audit 3.3 MAINTENANCE This procedure is designed to determine the condition of APT vehicles and equipment at the time of turnover between the Contractors. This Turnover Procedure shall be implemented toward the end of the current Contract term and prior to the commencement of the new Contract. At the City's option, a Turnover Inspection may be implemented with or without a change in Contractors. a. Pre -Audit Meeting Current Contractor, Successful Proposer, and the City (or its designee) shall meet sixty (60) to ninety (90) days prior to the scheduled initial audit meeting. All parties shall be represented by authorized personnel at this Pre -Audit Meeting. The purpose of the Pre - Audit Meeting shall be to set guidelines for procedure during the Initial Audit. Procedures shall be agreed upon and confirmed in writing by all parties within five (5) working days of the Pre -Audit Meeting. Contractor, Successful Proposer, and City (or its designee) shall meet thirty (30) to sixty (60) to ninety (90) days prior to turnover at the Contractor's facility. All parties shall be represented by authorized personnel at this Initial Audit. Contractor shall make available their current facility and such personnel as necessary to move coaches and operate hoists. Contractor shall make available to the City (or its designee) all preventive maintenance inspection records, daily driver inspections, oil analyses test results and any other records required by the City. Contractor, Successful Proposer, and City (or its designee) shall cooperate fully during the Initial Audit as set forth in the guidelines determined at the Pre -Audit Meeting. At this time, the City (or its designee) shall examine every bus and determine its current condition. Contractor shall make available adequate facilities and equipment dedicated to accommodate the Initial Audit. All parties shall be provided the draft results of this inspection at the conclusion of the Initial Audit. After the Initial Audit, Contractor and City (or its designee) shall meet to determine a plan and timeline for resolution of defects found, if any, during the Initial Audit. Contractor shall furnish City with timeline and specific plan for resolution of deferred maintenance prior to turnover. The "Resolution Plan" shall be submitted no less than thirty days prior to the expected Turnover date. c. Turnover Audit Several days prior to turnover, City (or it designee), Contractor, and Successful Proposer, shall meet to physically re- examine every bus. Records shall be kept, and made available to the City (or its designee) documenting items which have been repaired since initial inspection. Current condition of every coach shall be determined. Contractor shall make available adequate facilities and equipment dedicated to accommodate the Turnover Audit. All parties shall be provided the draft results of this inspection at the conclusion of the Turnover Audit. The Contractor shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of APT vehicles and equipment. RFP 11 -082 Transit System Service & Support Services Page 50 of 117 A. General Terms 1. The Contractor shall be responsible for the maintenance of all vehicles and all other equipment, furnishings and accessories required in connection with the operation of the system, with the exception of the radio communications. Such items shall be in clean, safe, sound and operable condition at all times and in full accordance with any manufacturer recommended maintenance procedures and specifications. In addition, items shall be maintained in compliance with all applicable requirements of Federal, State and City statutes or regulations. 2. In this regard, the Contractor shall provide all labor, repairs, parts, supplies, lubricants, solvents, and all other components, services, tools and equipment not provided by the City that may be required to fulfill its maintenance responsibilities, at the Contractor's cost and expense. 3. In the event that the City provides the Contractor with additional buses and /or equipment in the future, the Contractor shall acknowledge receipt of such additional items upon their delivery to and acceptance by the City. 4. Upon termination of the Contract, the Contractor shall return all City equipment to the City, ready for use, with no deferred maintenance or damage. The specific procedures to be followed for this turnover are outlined in this section. B. Technical Training The Contractor shall provide technical training for all maintenance personnel necessary to insure a consistent level of current, thorough knowledge in the maintenance and repair of several types of vehicles and equipment used in fixed route, paratransit and express service including air conditioning systems, wheelchair lifts /ramps, and other ancillary equipment. C. Preventive Maintenance Program The Contractor shall develop and submit a pro- active preventive maintenance program for review and approval by the City within 30 days after the effective date of the Contract. At a minimum, the Contractor's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry and shall be sufficient so as not to invalidate or lessen warranty coverage of any APT vehicle or associated equipment. The Contractor shall make changes to its Preventive Maintenance Program acceptable to the City if its first submittal is not approved. Adherence to preventive maintenance inspections (PMI) schedules shall not be regarded as reasonable cause for deferring maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of said PMI schedule. The Contractor shall strictly adhere to the approved preventive maintenance program. The Contractor shall not defer maintenance for reasons of shortage of maintenance staff, maintenance equipment, or operable buses, nor shall service be curtailed for the purpose of performing maintenance without prior written consent of the City. PMI's and running repairs shall receive first priority in the use of the Contractor's maintenance resources. The Contractor shall adjust the work schedules of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule approved by the City. The Contractor shall retain additional personnel or the services of outside firms, if necessary, to meet the City's maintenance requirements at no additional cost to the City. RFP 11 -082 Transit System Service & Support Services Page 51 of 117 D. Late or Missed Preventive Maintenance Inspections The Contractor shall maintain preventive maintenance inspections the same as the intervals between inspections. Should the Contractor's PMI schedule consist of 3000 mile 3K inspection, 6K inspection, 9K inspection, 12K inspection, 15K inspection, 18K inspection, 21K inspection and a 24K inspection, then the distance between one 6K and the next consecutive 6K inspection constitutes the distance between "LIKE" inspections. Any PMI inspection completed more than ten percent (10 %) past its PMI mileage interval is considered "Late ". Any PMI inspection completed more than fifteen percent (15 %) past is PMI mileage interval is considered `Missed ". Late and missed PMI's shall result in the application of liquidated damages as outlined in the Contractors Performance Standards Incentives and Penalties. E. Mechanical Maintenance Program The Contractor shall be responsible for the safe and efficient maintenance of all: • Vehicles and equipment • Shop equipment • Vehicle ADA equipment • Electronic fare box systems • Video surveillance equipment and components • Vehicle Enunciator equipment • Other City - provided equipment, furnishings, and accessories required in connection with its operation of APT in a clean, safe, sound, and operable condition at all times, and fully in accord with any Original Equipment Manufacturer (OEM) Specifications and Requirements, in strict conformity to the Contractor's City approved Preventive Maintenance Program, applicable requirements of any Federal, State or City statute or requirement. The Contractor's duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation. All parts, materials, tires, lubricants, fluids, oils and procedures used by the Contractor on APT vehicles and equipment shall meet or exceed original equipment manufacturer (OEM) specifications and requirements. All parts installed by the Contractor on APT vehicles and equipment shall become the property of the City. The Contractor shall implement a pro- active Quality Assurance Plan, subject to approval by the City, to verify the quality of the work performed. The Contractor, at its sole cost and expense shall provide all: • Labor • Repairs • Parts • Maintenance tools and equipment (in addition to tools and equipment provided by the City). • Lubricants • Maintenance • Cleaning • Major components • Component rebuilding and replacement • Such other components, facilities, and services, which may be required to fulfill its maintenance responsibilities pursuant to this Contract (in addition to those provided by the City). • Computer software for tracking maintenance activities. RFP 11 -082 Transit System Service & Support Services Page 52 of 117 The Maintenance Program shall provide that: • All wheelchair lift- related equipment shall be inspected, serviced and lubricated at intervals necessary to insure that the wheelchair lifts are fully operational. No vehicle shall be in revenue service with an inoperable lift. • Brake inspections and adjustment shall be performed at intervals that insure the safe and efficient operation of the braking system, per manufacturer's specifications. • All components of the vehicle bodies, appurtenances, and frames shall be maintained in a safe, sound, and undamaged condition at all times. Damage (including body, glass, and all vehicle appurtenances) shall be repaired in a professional manner within three (3) weeks (21 calendar days) of the occurrence. If the Contractor is unable to repair the damage within 21 calendar days from the occurrence, the Contractor must be able to provide sufficient documentation to secure parts in order to receive a waiver on the 21 -day requirement. • All mechanical, electrical, fluid, air, and /or hydraulic systems shall be maintained in a safe and fully functional condition, as designed, at all times. • The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment, and exhaust system of the vehicle. • 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. The Contractor shall maintain the heating and A/C system in an operational condition at all times. Under no circumstances should a vehicle be used in revenue service with inoperable air conditioning or heating. • 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. The Contractor shall replace seat covers, which are worn or cannot be professionally repaired, using materials which are identical in design and color as those materials being replaced. • Electronic fare box system shall be maintained in proper operating condition at all times. • All destination signs shall be maintained in proper operating condition at all times. Buses shall not be used in revenue service without operable destination signs unless approved by the City. • Vehicle enunciators shall be maintained in proper operating condition at all times. F. Vehicle Brake Replacement 1. Drums shall be turned with hubs attached. 2. Brake blocks shall be matched to drums by size, i.e., 1X, 2X, etc. 3. Both brakes on an axle shall be replaced at the same time. 4. Premium brake blocks shall be used. 5. Wheel seals shall be replaced with every brake job and bearings shall be checked. G. General Maintenance 1. Tires shall always be matched (by size and trend pattern) on each axle. Tires shall not vary more than 3/32" between inner and outer tires and not more than 4/32" between curbside and roadside. 2. Cradle motor mounts shall be replaced in pairs. 3. Radiators shall be re -cored at the time of engine replacement, and the entire cooling system shall be thoroughly inspected with all defects repairs as needed. RFP 11 -082 Transit System Service & Support Services Page 53 of 117 H. Vehicle Repairs The Contractor or other vendors shall perform all repairs to APT vehicles. Repairs shall include, but not be limited to, work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. Repair work shall be conducted as soon as possible upon learning that such work is required. The Contractor shall perform repair work expeditiously in response to identification of problems by drivers or other staff members or the City. The Contractor shall assure the City that required repairs shall not be deferred beyond a reasonable time as determined by the City. The Contractor shall be familiar with vehicle and equipment warranties and shall comply with all warranty provisions and all manufacturer recommended maintenance activities in the conduct of its maintenance functions. I. Parts Inventory The Contractor shall establish and maintain an ongoing spare parts inventory sufficient to minimize vehicle down time and ensure that peak vehicle requirements are met at all times. J. Tools and Equipment All tools and equipment used for APT maintenance, except for small hand tools provided by the Contractor's employees, shall be provided and maintained by the Contractor at the Contractor's expense. K. Vehicle Towing In the event that towing of any APT vehicle is required, the Contractor shall be responsible to provide such towing at the Contractor's sole expense. L. Emissions Control Program The Contractor shall perform and certify such tests of equipment required to meet City, other local, State, and Federal requirements related to exhaust smoke and engine emissions. M. Daily Vehicle Condition Reports (DVCR's) The Contractor shall require drivers to submit a daily vehicle condition report (DVCR). Reports shall be carefully examined, and defects corrected before the vehicle is driven in service. The DVCR's shall be retained for at least two years. N. Maintenance Evaluations The Contractor shall allow City access to the Contractor's records to monitor the Contractor's maintenance performance, as the City deems necessary. The City may perform or use independent consultants to perform regular, unannounced maintenance inspections of vehicles and equipment maintained by the Contractor which are used in this project to determine the Contractor's maintenance performance. The City shall be permitted to view and copy any vehicle maintenance records, inspect vehicles, equipment, and facilities, and request Contractor personnel to drive vehicles as necessary to evaluate the condition of vehicles and equipment used in the performance of this Contract. All maintenance invoices must be kept at the APT maintenance facility during the entire duration of the Contract. RFP 11 -082 Transit System Service & Support Services Page 54 of 117 O. Out of Service Designation A bus or paratransit vehicle shall be designated as unfit for revenue service (considered out of service) if, upon inspection, any of the following safety - related conditions are found: • Brakes out of adjustment. • Loose steering components. • Air conditioning unable to maintain a temperature 20 °F lower than ambient or no lower than 72 °F, from March 1 through November 1. • Heating or defroster inoperative, for the period November 1 through March 1. • "Missed" Preventive Maintenance Inspection, as outlined. • Tires with tread depth of less than 2/32 ", on the rear and 4/32 "on the front. • Inoperative Emergency Exits /Doors/Windows. • Inoperative two -way radio. • Any condition not in compliance with applicable Federal or State Regulations. The vehicle shall continue to have Out of Service designation until it is brought into compliance. P. Maintenance Records The Contractor shall prepare, maintain, make available to the City (or its Designee), and reduce to written form, records and data relative to APT vehicles and equipment maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle. All such records shall be prepared and maintained in such a manner so as to fulfill any applicable state or federal requirements, as well as any needs of the City to enable it to accurately evaluate the Contractor's maintenance performance. The Contractor shall prepare and maintain maintenance records in a form approved by the City. Such records shall include, but are not limited to the following: • Daily vehicle condition reports (DVCR's). The maintenance department will review, coordinate follow -up action and sign off on completed repairs and file the DVCR's which are filled out by drivers. • Work orders for all preventive maintenance inspections, warranty repairs and other vehicle repairs including materials, parts, and labor consumed. • Major and minor failure reports, which are numbered identifying date, time, vehicle number, route number if in service, problem and mileage on vehicle. • Maintenance records for each bus which provides the following information, at a minimum: o Make o Model o Serial Number /City fleet number o City property ID number and serial number of installed City owned equipment o License number o Date received o Date placed in service o Life miles o Rebuilds and major component replacements, including date and life miles at the time of replacement/rebuild. o Vehicle repairs o Preventive maintenance inspection reports o Daily "Vehicle Condition" reports o Work orders o Tire data RFP 11 -082 Transit System Service & Support Services Page 55 of 117 Q. Vehicle Servicing 1. Daily Vehicle Servicing The Contractor shall perform daily vehicle servicing on all APT vehicles and equipment. For purposes of this Contract, daily servicing shall include, but not be limited to: • Fueling • Engine oil, coolant, water and transmission fluid check/add • Farebox probing, vault pulling and replacement • Tire inspection (air pressure, tread depth, and wear) • Brake check • Lights and flashers check • Interior sweeping and dusting • Exterior and interior visual inspection The Contractor shall develop, implement, and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for City review for two years. 2. Vehicle Cleaning The Contractor shall maintain APT vehicles in a clean and neat condition at all times. Vehicle exteriors should be washed daily including hand washing the back of each bus and interiors cleaned daily including floors mopped and trash removed after each day's use. Ceilings, windows, dashes, walls, stanchions and grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) days. All foreign matter such as gum, grease, dirt and graffiti shall be removed from interior surfaces during the interior cleaning process. Upholstery shall be steam cleaned as necessary, but at a minimum once per quarter. Upholstery damage shall be repaired immediately upon discovery. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts, and door edge guards shall be cleaned and treated with a preservative at least once every fourteen (14) days, or as necessary to maintain an attractive appearance. Buses shall be kept free of vermin and insects at all times. The Contractor shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, non- hazardous and EPA approved insecticides and materials. R. Electronic Farebox System The Contractor shall perform all required maintenance on electronic farebox system to insure that there are no disruptions in service and to insure that all necessary data is retrievable from the system. The Contractor shall maintain the electronic farebox system in accordance with manufacturer recommended maintenance procedures and specifications. The Contractor shall report any unusual maintenance problems to the City within twenty -four (24) hours of occurrence. End of Section 3 RFP 11 -082 Transit System Service & Support Services Page 56 of 117 4.1 DEFINITIONS SECTION 4 CONTRACT PROVISIONS The following provisions shall be made a part of the Contract between the City and the Contractor as well as additional provisions deemed appropriate by the City. The following terms used in the Contract will have the meaning set forth below: • The term "Augusta" or the "City" means Augusta, Georgia, which acts through its Board of Commissioners. • The term "Board of Commissioners" means the governing body of Augusta, Georgia, Georgia. • The term "Services" means Transit System Service and Support (also "transit system ") as described in this RFP and workmanship and material furnished or used in performing the services. • The term "Proposer" means any firm or entity responding to this Request for Proposals. • The term "Proposal" means the qualifications, services, support, and prices offered by the Proposer. • The term "Successful Proposer" means the firm or entity to be selected to provide transit services to Augusta, Georgia. • The term "Contract" means the agreement that Augusta, Georgia will have with the successful Proposer for the provision of transit services to Augusta, Georgia. • The term "Contractor" means the firm or entity awarded the Contract for providing transit system service and support to Augusta, Georgia. 4.2 COMPLETE CONTRACT This Contract and the attachments, exhibits and documents incorporated herein and by reference constitute the complete and exclusive statement of the terms of the agreement between the City and the Contractor and it supersedes all prior representations, understanding and communications. The invalidity in whole or in part of any provision of this Contract shall not affect the validity of other provisions. The City's failure to insist in one or more instances upon the performance of any term or terms of the Contract shall not be construed as a waiver or relinquishment of the City's right to such performance by the Contractor. 4.3 INDEPENDENT CONTRACTOR STATUS Under the Contract, the Contractor shall be an independent Contractor and not an agent of the City. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors and their suppliers, and specifically shall be responsible for sufficient supervision and inspection to ensure compliance in every respect with the Contract requirements. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of the Contract with the Contractor. No provision of this Contract shall be for the benefit of any party other than the City and the Contractor. 4.4 EQUIPMENT & TRANSIT EMPLOYEES The City, in consideration of the compensation provided to the Contractor, shall also be the lessee of all equipment used pursuant to this RFP (other than buses or other equipment purchased by the City). The Contractor shall be entirely responsible and liable for the operation and maintenance of such equipment whether purchased or leased by the City. The Contractor, and not the City, is employer of all the transit employees and the Contractor is responsible for their wages, hours, benefits, worker's compensation, social security, and all other incidents of employment. RFP 11 -082 Transit System Service & Support Services Page 57 of 117 4.5 KEY PERSONNEL The Contractor's General Manager is considered to be essential to the work being performed under this Contract. Prior to diverting this individual to other programs or taking them off the project for any reason, the Contractor shall notify the City reasonably in advance and submit justification and proposed substitutions in sufficient detail to permit an evaluation of the impact to the services. The Contractor shall make no diversion without the written consent of the City and under no circumstances shall there be a void in either of these positions. 4.6 SUBCONTRACTING The Contractor shall not assign, award, or delegate any of its rights, duties or obligations under this Contract to a subcontractor without prior written approval of the City. The City's approval of any assignment, award or delegation shall not release the Contractor of any obligation under the Contract. The Contractor shall be fully responsible for the acts and omissions of the subcontractor, and of persons either directly or indirectly employed by the Sub - Contractor, as the Contractor is for the acts and omissions of persons directly employed by it. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the City. 4.7 CONTRACT DURATION Subject to the overall terms of this Contract, the initial term of this Contract shall be five (5) years and shall commence from the date of execution of the Contract by Augusta, Georgia and continue unless earlier terminated in accordance with the terms of the Contract. Notwithstanding the above, this Contract shall terminate absolutely and without further obligation on the part of the City at the close of the calendar year in which it is executed and at the close of each succeeding year for which it may be renewed. However, the Contract shall renew automatically for up to five (5) years unless the City provides at least 60 days prior notice to the Contractor of its intent not to renew. The total obligation of the City for the base year and any subsequent years for which the Contract may be renewed shall be as set forth in this Agreement. In addition to the above, this Contract will terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligations of the City. Additionally, the City also shall have the option to renew the Contract beyond the initial five (5) year term, as set forth below, if approval is given by the Board of Commissioners and the City and the Contractor agree to the terms thereof. Option Years 1st year 2 year 3 year 4 year 5 year 4.8 SCOPE OF WORK July 1, 2016 — June 30, 2017 July 1, 2017 — June 30, 2018 July 1, 2018 — June 30, 2019 July 1, 2019 — June 30, 2020 July 1, 2020 — June 30, 2021 The City hereby engages the Contractor and the Contractor agrees to perform the services hereinafter described in connection with the management and operation of APT. Subject only to the general policies and directions of the City with regard to APT management and operations, and to provisions and requirements of this Contract, the Contractor shall, upon receiving the City's notice to proceed, do all the things necessary to manage, operate, and maintain APT, including but not limited to: RFP 11 -082 Transit System Service & Support Services Page 58 of 117 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Provide executive and administrative management. • Undertake day -to -day operation of APT vehicles. • Ensure all FTA guidelines and procedures are complied with. • Prepare the annual NTD report. • Employ and supervise all personnel, including supervisors, vehicle operators, dispatchers, customer service staff, mechanics and other maintenance personnel. • Operate a paratransit certification /re- certification, reservations and scheduling program. • Administer training and safety programs. • Undertake maintenance and repair of vehicles and equipment. • Process warranty claims for APT vehicles. • Operate a rural transit service. • Assist in public relations and promotions including attending transit fairs, programs, special events, or any function as requested by the City held either during normal business hours or in the evening or on weekends. • Provide all reports requested by the City. • Monitor bus shelters /stops. • Prepare analysis of financial and other matters. • Provide clerical, statistical, and bookkeeping services. • Issue all vehicle operators with uniforms. • Provide equipment, parts and supplies required in the operation of APT unless specifically identified to be contributed by the City. • Undertake such other work as may be necessary in connection with the operation of APT in accordance with Section 3 — Scope of Work. 4.9 PAYMENT TO CONTRACTOR The Contractor shall, on a monthly basis, submit invoices to the City. Unless there is a dispute about the compensation owed the Contractor, the City shall make payments to the Contractor within a reasonable time after receipt of invoices and all required monthly reports. The monthly payments shall be based on service performed in the preceding month deemed acceptable to the City. If the Contractor fails to perform its duties and obligations, the City may withhold payment or portions of the payment and the City shall have the right to deduct from payments to the Contractor any costs or damages incurred, or which may be incurred, by the City as a result of the Contractor's failure to perform, or any penalties that could be assessed against the Contractor pursuant to this Contract. Prior to deducting any penalties that could be assessed, however, the City will provide the Contractor with at least (10) days prior written notice of the City's intent to deduct such penalties thereby affording the Contractor an opportunity during said ten day period to provide information to the City contrary to the City's findings. RFP 11 -082 Transit System Service & Support Services Page 59 of 117 The terms of this section and the terms of the entire Contract are intended to supersede all provisions of the Georgia Prompt Pay Act, O.C.G.A. §13 -11 -1 through 13- 11 -11, and revised or amended. By acceptance of the City's payment of an invoice amount, the Contractor releases the City from any and all claims for service provided or work performed through the date of the invoice. 4.10 PAYMENT FOR FIXED ROUTE, PARATRANSIT SERVICE, AND RURAL SERVICE For Fixed Route and Rural, payment shall be made on the basis of vehicle revenue hours. Vehicle revenue hours are defined as the scheduled hours of service as set forth in the current APT schedule, or any revisions thereto, , plus or minus adjustments for schedule deviations, trippers, or other service level changes as specifically authorized by the City under Section 3 - Scope of Work. For Paratransit Service, payment shall be on a per trip basis at the discretion of the City. For the fixed route service, vehicle revenue hours shall specifically exclude deadhead hours, including, but not limited to, travel time to and from storage facilities, changing routes, downtime for roadcalls, road tests, fueling, vehicle inspections, driver training, driver lunches and breaks, and missed trips. The revenue hours operated shall be directly traceable by driver trip sheets and the Daily Operating Reports. 4.11 OPERATING REVENUES All operating revenues collected by the Contractor are the property of the City. For the purposes of this Contract, operating revenues shall include but not necessarily be limited to fare box receipts, ticket and pass sales revenue. The Contractor shall be responsible for handling fare box receipts, and pass and ticket sales revenues in the manner discussed in Section 3 — Scope of Work, and as necessary for the City to meet the requirements of State and Federal funding sources. 4.12 TERMINATION OR SUSPENSION A. Termination or Suspension for Convenience The City may terminate or suspend in whole or part this Contract at any time for its convenience and without cause upon ninety (90) days written notice to the Contractor. Any notice to terminate or suspend this Contract shall be given by certified mail, return receipt requested. The effective date of the termination shall be ninety (90) days from the date of receipt as noted on the return receipt. Upon termination or suspension of the Contract for convenience, the Contractor's compensation shall be calculated on the basis of service actually performed and expenses actually incurred prior to the effective termination date, reduced by all costs and damages incurred by the City as a result of the default of the Contractor, and excluding any allowance for overhead or profit. If the City suspends the Contract, the Contractor shall immediately reduce its staff services and outstanding commitments, if any, in order to minimize costs. B. Contractor Default If the Contractor defaults by failing to substantially perform, in accordance with the terms of this Contract, as determined by the City, the City may give written notice to the Contractor (i) terminating this Contract effective seven calendar days from the date of notice; or (ii) setting forth the nature of the default and requesting the Contractor initiate cure within seven calendar days from the date of notice. At any time thereafter, if the Contractor fails to initiate cure upon the request of the City and diligently continue such cure until complete, the City may give written notice to the Contractor of immediate termination. If the City terminates this Contract pursuant to this paragraph, and it is subsequently determined by a court of competent jurisdiction that the Contractor was not in default, then in such event said termination shall be deemed a termination for convenience. RFP 11 -082 Transit System Service & Support Services Page 60 of 117 C. Augusta, Georgia Default If the City defaults by failing to substantially perform in accordance with the terms of this Contract, the Contractor shall give written notice to the City setting forth the nature of the default and requesting cure within seven calendar days from the date of notice. If the City fails to cure within seven (7) calendar days from the date of notice, the Contractor may give written notice to the City of immediate termination. The Contractor, however, shall continue to provide all services under the Contract even if the Contractor disputes amounts owed to it. 4.13 FORCE MAJURE Any delay or failure of performance by either party shall not constitute a default or give rise to any claims for damages if and to the extent the failure is caused by any of the following: • Acts of God, lightening, earthquake, fire, epidemic, landslide, drought, hurricane, tornado, explosion, failure of utilities, flood, nuclear radiation. • Condemnation or other taking by any government body. • Any order, judgment, action or determination of any federal or state court, administrative agency or government body. 4.14 NOTICE REQUIREMENT All notices and correspondences required under this Contract shall be in writing and shall be delivered personally, prepaid registered or certified mail, return receipt requested, or overnight receipted delivery service. All notices and correspondences to the City shall be addressed as follows: Augusta, Georgia Procurement Department Attn: Geri Sams, Procurement Director 530 Greene Street, Room 605 Augusta, GA 30901 All notices and correspondences to the Contractor shall be addressed as indicated in the Proposal or as thereafter designated in writing. 4.15 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, protect, indemnify and hold harmless Augusta, Georgia, its Board of Commissioners, in both their official and individual capacities, City employees, consultants, agents, servants, successors, heirs, executors and administrators, from and against any and all claims or future claims, actions, suits, causes of actions, demands, obligations, liens, rights, damages, judgments, costs, loss of service, expenses, including but not limited to, actual fees and expenses of attorney's expert witnesses and consultants and compensation of any nature whatsoever by whomsoever brought or alleged, and regardless of the legal theories upon which premises including those actually or allegedly arising out of bodily injury to, or sickness or death, of any person or property damage or destruction including loss of use, which may be imposed upon, incurred by or asserted against the City or other related parties allegedly or actually arising out of or resulting from the Contractor's services, including without limitation any breach of Contract or negligent act or omission of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts arise directly or indirectly out of the performance of the Contract and /or the operation of the transit system. This indemnity provision includes any action or claim resulting from the following: • Accident injury, death, Toss, or damage, to any person or property, or other economic loss or claimed liabilities to the extent caused by resulting from, connected with or arising out of the negligence, acts, or omissions of the Contractor, its officers, directors, employees, agents or subcontractors; RFP 11 -082 Transit System Service & Support Services Page 61 of 117 • Violation of any statute, ordinance, administrative order, rule, regulation or order of any governmental body or any order or decree of any court or other tribunal applicable to the operation of the transit system contemplated herein including, but not limited to, all state and federal environmental, motor vehicles, Title VI of the Civil Rights Act, Title VII of the Civil Right Act, Disadvantage Business Enterprise (DBE), American with Disabilities Act, labor laws and regulations and other laws and regulations actions undertaken by the Contractor in the Contract; and • Infringement of any patent, trademark, or intellectual property right, or violation of any state or federal patent, trademark, or intellectual property law; provided, however, that Contractor's indemnity shall not cover any claims or losses arising from or related the alleged infringement of any patent, trademark, copyright or similar property right regarding any logo, mark, insignia, advertising, or marketing materials provided to Contractor by the City. The City shall give the Contractor timely notice of, and shall forward to it every demand, notice, summons or other process received with respect to any claim or legal proceedings within the purview hereof, but the failure of the City to give such notice shall not affect such right to indemnification. 4.16 LAWS GOVERNING AND VENUE OF ACTIONS This Contract shall be governed by, and construed in accordance with, the laws of the State of Georgia. The courts of Georgia, located in Augusta, Georgia, and, as applicable, the United States District Court for the Southern District of Georgia shall have exclusive jurisdiction to hear any claim between the Contractor and the City in connection with the Contract or the operation of the transit system, and Contractor submits to the jurisdiction and venue of such courts. 4.17 TAX EXEMPT The City and its agencies are exempt under present law from state and local sales taxes in the State of Georgia. All transactions on the Contract shall be deemed to have been accomplished within the State of Georgia. 4.18 EMERGENCIES In the event of a declared civil disorder or natural catastrophe, the Contractor shall direct the employees to operate as ordered by federal, state, and /or the City civil authorities. Compensation shall be based on actual hours of service performed. 4.19 MEETINGS Upon request of the City, the Contractor shall, at its own expense, attend various meetings to provide information concerning the transit system. The General Manager, representing the Contractor, shall attend at minimum, biweekly meetings with the City at times and location to be determined. 4.20 REMOVAL OF EMPLOYEES Promptly upon the written demand of the City, the Contractor shall remove from activities associated with this Contract any employee who the City considers unsuitable for such work. 4.21 PROPOSAL PROCEDURES The Proposal submitted in response to this Request for Proposals is hereby incorporated into this Contract by reference. This Proposal, together with the requirements in the Request for Proposals shall constitute the Contractor's operating procedures, policies and practices, and, upon reasonable written request from the City, the Contractor shall amend such procedures, policies and practices in accordance therewith. The Contractor shall request the City's prior written approval for any change to these operating procedures, policies and practices. RFP 11 -082 Transit System Service & Support Services Page 62 of 117 4.22 COMPLIANCE WITH LAW The Contractor shall comply with all applicable federal, state and local laws and regulations relating directly or indirectly with providing transit services pursuant to this Contract. All buses and other equipment shall be maintained and operated at all times in compliance with all applicable rules, regulations and codes governing the operation of vehicles or public conveyance of the City and its municipalities, and those of the State of Georgia and the United States. The City shall comply with all federal and state laws and regulations applicable to the City and related directly or indirectly to providing transit services. 4.23 PERFORMANCE AND PAYMENT BOND Within ten days of notice of award of this Contract, the Contractor shall furnish Performance and Payment bonds to the City. These bonds shall be issued by an acceptable surety company to the City who is registered and duly authorized to do business in the State of Georgia, is listed on the Department of Treasury listing of acceptable Sureties and Underwriting limitations, having a Best Rating of A: VII or better, and be accompanied by a Power of Attorney certifying that the person executing the bonds has the authority to do so. The amount of the bond shall equal to the product of four full months of fixed route and paratransit revenue service hours times the Contractor's hourly rates. An irrevocable letter of credit from a bank acceptable to the City in the required amount and form may also be acceptable. The condition of the bond shall be that the Contractor shall fully and faithfully perform all conditions of the Contract, and the Contract shall be incorporated by reference in the bonds. The bond must be renewed annually and remain in effect during the life of this Contract. 4.24 ERISA The Contractor shall comply with the provisions of the Employee Retirement Income Security Act of 1974, as amended with respect to each of its employee benefit plans. The Contractor shall supply the City with such information concerning the status of each of the Contractor's employee benefit plans, as the City shall reasonably request. 4.25 LICENSES, PERMITS, AND FILING FEES The Contractor is solely responsible for obtaining any license or other authorization required by law to perform the services required in this Contract. The cost of all licenses and permits necessary to operate each bus and other equipment under all such applicable laws and regulations shall be the responsibility of the Contractor. These permits and licenses shall include, but not be limited to, all necessary Georgia motor vehicle licenses and certificates, including the State of Georgia Public Service Commission Certificate of Public Conveyances and Necessity. The Contractor shall pay all filing fees and legal fees involved in submitting route, schedule, and rate changes to the Georgia Public Service Commission. The Contractor shall pay all federal, state and local taxes imposed on the Contractor by reason of the ownership or leasing of any vehicle, equipment, inventory or operation of the transit system. 4.26 PROHIBITED USES Unless expressly authorized in writing by the City, the Contractor shall not use any bus or other equipment which is part of the City's transit system other than in connection with the services required to be performed under the Contract. The Contractor shall not use any such bus or other equipment for any private charters or any purpose other than as may be specifically permitted by the City and in the City's sole discretion and under such terms as the City elects. 4.27 RISK OF LOSS OR DAMAGE The Contractor shall be responsible for the vehicles, equipment and supplies used in the performance of the services called for under the Contract and shall be responsible for all loss or damage with respect to any such vehicles, equipment and supplies. RFP 11 -082 Transit System Service & Support Services Page 63 of 117 4.28 INSURANCE The Contractor shall procure and maintain, or cause others to procure and maintain, for the duration of the Contract insurance against claims for injuries to persons or damages to property, or theft which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, subcontractor or authorized City transit staff, including but not limited to the procuring of insurance against claims for injuries to persons or damages to property including claims that may arise at City owned or leased transfer centers, park and ride lots or bus stops, or theft of any and all transit vehicles and equipment either owned by the City or leased by the City or otherwise used by the Contractor or the City in connection with the operation of the transit system and he services described in the Contract. The cost of such insurance shall be identifiable as separate items and included in the Contractor's Price Proposal A. Minimum Limits of Insurance Contractor shall maintain limits no Tess than: 1. General Liability including Garage Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Subject to Policy aggregate limit of $2,000,000. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. 3. Umbrella Liability: $25,000,000 per occurrence for bodily injury, personal injury, and property damage in excess of limits required under one or two above. 4. Worker's' Compensation and Employer Liability: Workers Compensation limits as required by the Labor Code of the State of Georgia and Employers Liability limits of $1,000,000 per accident. 5. All Risk Fire and Extended Coverage for full replacement cost on all service or operating facilities including equipment and contents whether owned or leased by the Contractor or the City. Such coverage shall include coverage for extra expenses and loss of income coverage. 6. Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to full replacement value of all vehicles, including the express buses, the local buses, and non - revenue vehicles operated by the Contractor or City Transit employee. Deductible levels shall be determined by the Contractor based upon Contractor's ability to cover deductible payments in the events of a claim. The Contractor shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $10,000,000. 7. Fidelity Bonds insuring against theft, fraud or misappropriation of funds other miscues of money in such amounts as the City shall request. Augusta, Georgia shall be named as an Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its size. 8. Employment Practice Liability: $1,000,000 each occurrence and aggregate. B. Deductibles and Self- Insured Retention Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either, the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the deductibles or self- insured retentions as respects the City, the Board of Commissioners, their officials, agents, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. RFP 11 -082 Transit System Service & Support Services Page 64 of 117 C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability, Automobile Liability, and Umbrella Liability Coverage The City, the Board of Commissioners, their officials, agents, employees, and volunteers are covered as insured as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or vehicles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Board of Commissioners, their officials, agents, employees, and volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, the Board of Commissioners, their officials, agents, employees, and the City, the Board of Commissioners, their officials, agents, employees, and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions off the policies shall affect coverage provided to the City, the Board of Commissioners, its officers, employees and volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, expect with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, the Board of Commissioners, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after sixty (60) days prior written notice by certified mail, return receipt requested, has been given to the City. Additionally, the Contractor shall notify the City immediately upon receipt of any notifications of cancellations. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A VII or otherwise acceptable to the City. E. Verification of Coverage The Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a form acceptable to the City and are to be received and approved by the City prior to commencement of any work or service performed under this Contract. The Contractor is to commence no activity with regard to performance of the Contract until the required insurance has been obtained. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. F.Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. RFP 11 -082 Transit System Service & Support Services Page 65 of 117 G. Rights Reserved The City reserves the right to reject any and all insurance Proposals, to waive any informality in Proposals and, unless otherwise specified by the Proposer, to accept any item in the Proposal. The City, solely at its option, may purchase any or all of the insurance coverage required in these specifications directly to cover its own and the Contractor's interests, in lieu of the Contractor providing such coverage. In such cases, the City would delete applicable insurance coverage and cost(s) from its evaluation of Proposals. H. Claims Information and Loss Run The Contractor shall make available to the City, through its records or the records of their insurer, information regarding a specific claim. Any loss run information available from the Contractor or its insurer will be made available to the City upon its request. 4.29 LABOR DISPUTES If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, the Contractor immediately shall give notice, including all relevant information, to the City Transit Division Manager. 4.30 MINIMUM BUS AVAILABILITY The Contractor shall provide at least ninety percent (90 %) of the fixed route fleet and ninety percent (90 %) of the paratransit fleet in operable condition for revenue service in peak periods unless otherwise directed by the City. 4.31 CONFIDENTIALITY Any and all reports, information, or data of whatever nature provided to, or prepared, generated or assembled by the Contractor in connection with the performance of the Contractor shall not be made available to any individual or organization outside the Contract without the prior written approval of the City, unless such is required by law or a court process. Contractor shall promptly notify the City of any request for such information. 4.32 EXAMINATION AND RETENTION OF RECORDS Contractor shall maintain all books, records, documents, accounting ledgers, data bases, and similar materials relating to work performed for the City under this Contract on file for at least three (3) years following the date of final payment or settlement to the Contractor by City. All records stored on a computer database must be of a format compatible with the City's. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City representative(s) for such access and inspection. Further, any duly authorized representative(s) of City shall be permitted to observe and inspect any and all of Contractor's facility and activities during Contractor's usual and customary business hours for the purposes of evaluating and judging the nature and extent of Contractor's compliance with the provision of this Contract. In such instances, City representative(s) shall not interfere with or disrupt such activities. The Contractor shall maintain, and the City and its representatives shall have the right to examine, all books, records, documents, accounting procedures and practices and other evidence sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of the Contract. The materials described above as well as any relevant database and computer tapes or disks containing such information shall be made available at the City office of the Contractor at all reasonable times for inspection, audit, and reproduction during the term of the Contract, and for three years from the final date of settlement or payment under the Contract. RFP 11 -082 Transit System Service & Support Services Page 66 of 117 4.33 THE CITY AND CONTRACTOR - SUPPLIED PROPERTY The title to capital items provided by the City shall remain with the City. The Contractor shall be required to maintain such items utilizing manufacturers' recommended maintenance standards, at a minimum, or those standards provided by the City, at the City's sole discretion. Furthermore, the Contractor shall maintain adequate property control records of all City- furnished property in accordance with sound industry practice and as approved by the City. The City shall have the option, upon the expiration or termination of the Contract, to purchase all or any part of non - revenue equipment not already purchased by the City and used by the Contractor in the performance of the work specified in the Contract at a price equal to that portion of the original cost of the equipment which has not yet been amortized as of the date the Contract expires or is terminated. Amortization shall be deemed to be made in accordance with generally accepted accounting principles. 4.34 SEVERABILITY OF PROVISIONS Any provision of the Contract which is found to be invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions of the Contract, or affecting the validity or enforceability of such provisions in any other jurisdiction. 4.35 TURNOVER PROCEDURES The City has established a Turnover Procedure for return of APT vehicles and equipment at the end of the Contract. This Turnover procedure shall be implemented toward the end of the current Contract term and prior to the commencement of the new Contract or as requested by the City. At the City's option, a Turnover Inspection may be implemented with or without a change in Contractors. 4.36 WAIVER No provisions of this Contract may be waived except by written agreement of the parties. A waiver of any provision on one occasion shall not be deemed a waiver of that provision on any subsequent occasion. A waiver of any provision shall not affect or alter the remaining provisions of this Contract. 4.37 STRICT COMPLIANCE No failure of the City to insist upon strict compliance by the Contractor with any provision of this Contract shall operate to discharge, modify, change or affect any of the Contract obligations. 4.38 SURVIVAL All provisions of this Contract which contain continuing obligations shall survive its expiration or termination. 4.39 MUTUAL DISCUSSION In case of any dispute, claim, question, or disagreement arising from or relating to the Proposal or arising out of this Contract or the breach thereof, the parties shall first attempt to a resolution through mutual discussion. 4.40 FACILITATIVE MEDIATION If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to or arising out of this Contract or the breach thereof through mutual discussion, as a condition precedent to litigation, the parties shall in good faith participate in private, non - binding facilitative mediation seeking a just and equitable solution satisfactory to all parties. RFP 11 -082 Transit System Service & Support Services Page 67 of 117 All parties to a mediation shall promptly provide all other parties to the mediation with copies of essential documentation relevant to the support or defense of the matter being mediated. The parties shall share equally any administrative costs and fees of such proceedings, but shall each be responsible for expenses otherwise incurred. In the event that the statute of limitations would run during the required mediation period, either party may institute litigation so as to avoid the running of such statute upon the condition that such party immediately seek a stay of such litigation pending the conclusion of the mediation period. During the course of mediation, any party to the mediation may apply for injunctive relieve from any court of competent jurisdiction until the mediation period expires or the dispute is otherwise resolved. The City or the Contractor and any other parties involved in any way in the design or construction of this Project are bound, each to each other, by this requirement to mediate prior to the commencement of any litigation, provided that they have signed this Contract or an agreement that incorporates this Contract by reference or signed any other agreement which binds them to mediate. Each such party agrees that it may be joined as an additional party to a mediation involving other parties under any such agreement. In the case where more than one mediation is begun under any such agreement and any party contends that the mediations are substantially related, the mediations may be conducted by the mediator selected in the first mediation which was commenced. 4.41 CONFLICTING DISPUTE RESOLUTION PROVISIONS Neither party to this Contract shall enter into any Contract with regard to the Contract which directly or indirectly gives the right to resolve any dispute with, involving, or affecting the other to any other person or legal entity which is in conflict with the dispute resolution procedures required by this Article. 4.42 ARBITRATION PRECLUSION In case of a dispute relating to or arising out of this Contract, no party to this Contract shall be required to participate in or be bound by any arbitration proceedings 4.43 TIME IS OF THE ESSENCE Time is of the essence in the performance of all work and services to be provided hereunder. End of Section 4 RFP 11 -082 Transit System Service & Support Services Page 68 of 117 5.1 OVERVIEW SECTION 5 AUGUSTA PUBLIC TRANSIT PERFORMANCE STANDARDS The Contractor will perform all transit services required by the Contract according to the performance standards set forth in this section. As part of the Contractor's proposal, the Contractor should outline the specific actions it intends to take to meet each of the standards provided herein. The specific actions outlined in the Contractor's proposal will be one of the criteria used to evaluate and rank the proposals. Proposals that do not contain details regarding the Contractor's approach to meeting or exceeding each of the performance standards outlined herein will not be considered. The performance standards shall apply to the Fixed Route, Paratransit, and Rural services. The City has developed these standards with which the Contractor is expected to comply to encourage the highest quality service from the Contractor and to ensure that the transit services, employee performance and vehicles meet City standards. Failure by the Contractor to meet these standards will result, at a minimum in the City assessing an appropriate penalty for each incident of non - compliance, at a maximum in the City terminating the Contractor's services. Likewise, the City has also established bonuses for service that exceeds the performance standards outlined herein. Continued performance by the Contractor at or above the parameters established in this section shall be taken into consideration for Contract extensions. Continued performance below the parameters established by the City shall be considered grounds for Contract termination. The following pages outline the specific tasks and timelines required for each of the performance standards, their related incentive and /or penalty dollar amounts, and the frequency at which incentives and penalties will be assessed. On a monthly, quarterly or annual basis, depending on the performance standard, the City will issue a Notice of Intent to Assess Penalties /Incentives to the Contractor. Disputes by the Contractor involving penalties or incentives must be received by the City within five (5) business days from the receipt of the Notice of Intent. City staff shall meet with the Contractor within five (5) business days of receipt of the dispute to discuss the Contractor's concerns. Final determination regarding the dispute shall be the decision of the City. 5.2 OPERATING STANDARDS A. Operating Ahead of Schedule (HOT) Standard No bus shall depart a time point before its scheduled departure time. Penalty: One - hundred dollars ($100) per incident when a fixed route bus is observed in revenue service departing a City scheduled time point any time before its scheduled departure time. No "HOT" trip observations shall be double- counted or counted consecutively over several time points on the same route. Incentive: No incentive. RFP 11 -082 Transit System Service & Support Services Page 69 of 117 B. On -Time Performance The Contractor shall maintain on -time performance within zero (0) minutes early and five (5) minutes late of scheduled departure times on all routes. The Contractor will be considered on time if lateness is due to train delays, traffic delays, accidents not involving a APT bus, or wheelchair boardings provided the Contractor documents each and every delay by route number, bus number, time of day and reason for delay. If a bus operator is consistently late without cause, the City will notify the Contractor and expect a thorough investigation and follow -up response from the Contractor within 48 hours from time of notification. Penalty: $1.00 per revenue hour shall be deducted from the Contractor's monthly service hour billing each month the system as a whole fails to operate on time at least 95% of the time. The penalty shall be applied to all revenue hours operated that particular month. Incentive: No Incentive Penalties will be applied to the monthly invoice. C. Missed Trip Standard - Fixed Route The Contractor shall, at a minimum, complete 99.85% of all scheduled fixed route trips on a daily basis. In the event of an in- service breakdown, the bus operator's absence or other service related problems, the Contractor shall dispatch another vehicle as soon as possible in order to provide service on the route for the subsequently scheduled trips. Any bus that departs a scheduled time point fifteen (15) minutes late shall be considered a "missed trip ". In calculating the percentage of total trips completed, no missed trips shall be double- counted. Adequate performance shall be determined by City staff by dividing the total number of trips provided by the Contractor per month by the total number of missed trips. Penalty: Each fixed route missed trip shall be assessed a penalty of fifty dollars ($50) if the overall 99.85% minimum performance standard is not achieved. However, a missed trip due to operator error shall be assessed the fifty dollar ($50) missed trip penalty regardless of the minimum performance percentage standard achieved. All missed trips shall be subject to discussion between City staff and the Contractor. The final decision regarding a missed trip shall be made by the City Transit Division Manager. Incentive: No Incentives Penalties will be applied to the monthly invoice. D. Missed Trip Standard — Paratransit The Contractor shall complete 100% of all scheduled paratransit trips within 30 minutes of the scheduled pick -up time excluding cancellations and no- shows. In the event of an in- service breakdown, the bus operator's absence or other service related problems, the Contractor shall dispatch another vehicle as soon as possible in order to provide service on the route. RFP 11 -082 Transit System Service & Support Services Page 70 of 117 Penalty: The Contractor shall be assessed a penalty of fifty dollars ($50) per out of the window trip. All out of window trips shall be subject to discussion between City staff and the Contractor. Any final decisions regarding an out of window trip shall be made by the City Transit Division Manager Incentive: No Incentive Penalties will be applied to the monthly invoice. E. Vehicle Out of Fuel If a bus runs out of fuel while in revenue service a penalty will be assessed. $500 per occurrence. Incentive: No incentive. Penalty will be applied to the monthly invoice. F. Driver Appearance /Name Plates All bus operators shall adhere to the City's uniform /dress code at all times while operating a vehicle in revenue service. Exceptions to these standards may be granted upon mutual agreement between the Contractor and City for holidays, special promotions or other transit - related events. All bus operators shall display their name plate in the interior of the bus at all times the bus is in revenue service. Penalty: $25 per infraction for violations of the City's uniform /dress code. $25 per infraction for failure to display the operator name plate in the interior of the bus. Incentive: No incentive. Penalty will be applied to the monthly invoice. G. Bus Stop Announcement Standards 1. Equipment Malfunction (Announcements) In the event of a vehicle enunciator malfunction, the Contractor's bus operators shall announce all pre- determined stops and transfer points over the vehicle's public address system as specified by the City in compliance with the Americans with Disabilities Act. Penalty: A one - hundred dollar ($100) penalty shall be assessed to the Contractor for each time a bus operator fails to make the appropriate announcements when a vehicle enunciator fails, for whatever reason. No Incentive. Penalty will be applied to the monthly invoice RFP 11 -082 Transit System Service & Support Services Page 71 of 117 2. ADA Equipment Malfunction Reporting Bus operators shall report all vehicle enunciator malfunctions, wheelchair lift or ramp malfunctions or any other ADA equipment malfunction to dispatch immediately and dispatch shall report the malfunction to shop immediately. Penalty: A one - hundred dollar ($100) penalty shall be assessed to the Contractor for each time a bus operator fails to notify dispatch immediately that the equipment is malfunctioning or if dispatch fails to notify the Contractor's shop immediately of the failure. Incentive: No incentive. Penalty will be applied to the monthly invoice. 5.3 VEHICLE MAINTENANCE STANDARDS Proper maintenance directly affects operating costs. The City's maintenance requirements do not refer solely to the task of performing normal preventive maintenance tasks on a specified schedule, but rather that the task is done well and that the operation of the bus and all equipment on board the bus is operable and reliable when in service. Vehicle maintenance standards are subject to change based on Federal guidelines. The Contractor is responsible for performing the following maintenance on a bus- by -bus basis (fixed route, express and paratransit buses). A. Preventive Maintenance The Contractor shall maintain stated intervals between inspections and between "LIKE" inspections. Should the Contractor's PMI schedule consist of 3000 mile (3K) inspection, 6K inspection, 9K inspection, 12K inspection, 15K inspection, 18K inspection, 21K inspection and a 24K inspection, the distance between one 6K and the next consecutive 6K inspection constitutes the distance between "LIKE" inspections. Any PMI inspection completed more than ten percent (10 %) past its PMI mileage interval is considered "Late ". Any PMI inspection competed more than ten percent (10 %) past its "LIKE" PMI mileage interval is considered "Late ". Any PMI inspection completed more than fifteen percent (15 %) past its PMI mileage interval is considered 'Missed ". Any PMI inspection completed more than fifteen percent (15 %) past its "LIKE" PMI mileage interval is considered "Missed." Preventive Maintenance Inspections (PMI's) must be completed by the Contractor based upon the preventive maintenance schedule proposed by the Contractor or negotiated by the Contractor and the City. Weekly PMI's shall include the inspection of all onboard devices to ensure full operation of these devices at all times. Penalty: Fifty dollars ($50) per business day, or thirty three cents ($.33) per mile, whichever is greater, shall be assessed against the Contractor for each incident of non - compliance with this standard. Failure by the Contractor to maintain a PMI and repair program which complies with the City, State, Federal, other applicable agencies, and the manufactures recommended PMI program shall be considered grounds for Contract termination. Incentive: No incentive. Penalty will be applied to the monthly invoice. RFP 11 -082 Transit System Service & Support Services Page 72 of 117 B. Heating /Air Conditioning The heating system must be fully operable from November 1 to March 1. The air conditioning system must be fully operable from March 1 to November 1. Under no circumstances shall a APT bus be put into revenue service without a fully functioning heating and /or air conditioning system. The Contractor shall test the heating and air conditioning systems on all vehicles to ensure that they are functioning properly prior to revenue service. If the heating or air conditioning system on a vehicle does not function properly during the test procedure, the Contractor's dispatch personnel shall be notified immediately, and the bus shall not be used in revenue service. All heating and air conditioning system failures shall be listed on the Contractor's monthly fixed route or paratransit report. Penalty: Failure by the Contractor to repair non - functioning air conditioning /heating systems within five (5) business days shall result in a fifty dollar ($50) penalty per incident per day. Incentive: A one hundred dollar ($100) bonus per month shall be granted to the Contractor when all air conditioning and heating system failures are identified in the Contractor's monthly reports and are repaired by the Contractor within five (5) business days after the date of the occurrence. Penalties and incentives will be applied to the monthly invoice. C. Maior Vehicle Body Damage Repair Standards - Interior and Exterior The Contractor shall completely repair any major vehicle body damage, interior and exterior, within sixty (60) business days from the date of the occurrence. Penalty: A fifty - dollar ($50) per business day penalty shall be assessed to the Contractor for major vehicle body damage that remains unrepaired beyond the 60 -day time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. D. Minor Vehicle Body Repair Standards — Interior and Exterior The Contractor shall repair any minor vehicle body damage, interior and exterior within twenty -one business (21) days from the date of the occurrence. Penalty: A fifty - dollar ($50) per business day penalty shall be assessed to the Contractor for minor vehicle body damage that remains unrepaired beyond the 21 -day time period. E. Repairing or Replacing Seat Damage Standards The Contractor shall repair or replace any seat that is damaged within seven (7) business days of the occurrence. RFP 11 -082 Transit System Service & Support Services Page 73 of 117 Penalty: A fifty - dollar ($50) per business day penalty shall be assessed to the Contractor for repairs that go beyond the seven day time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. F. Repairing ADA Equipment Standards The Contractor shall repair all ADA required equipment within forty -eight (48) hours of occurrence or in accordance with federal ADA guidelines or laws, whichever is more stringent. This equipment includes: • Public Address (PA) system • Destination signs • Stop request signs • Passenger signal tape or cords • Wheelchair lift equipment • Ramp equipment • Wheelchair tie down and securement equipment • Required ADA signage and decals • Vehicle enunciators Penalty: A one hundred dollar ($100) per business day penalty shall be assessed to the Contractor for ADA equipment problems that go unrepaired beyond the 48 -hour time period. Incentive: No incentive. Penalty will be applied to the monthly invoice. G. Cleaning of Exterior and Interior of Vehicles Standards 1. Daily On a daily basis, the Contractor shall clean the interior of every vehicle to be used in service on the following day. Daily interior cleaning shall include, at a minimum, removing all interior trash, emptying the on -board trash receptacles, vacuuming all seat cushions, removing graffiti and gum, and mopping the floor. Weather permitting; the exterior of all vehicles shall be cleaned every day including a run through the bus wash and spot cleaning the bumpers and wheels. The back of all vehicles shall be hand washed prior to running them through the bus wash. In addition, the Contractor shall post or remove interior public notices or advertisements within 24 hours of receiving notice to do so by City staff. 2. Bi- Weekly Major interior cleaning (detailing) shall be provided for every vehicle in the fleet at least once every fourteen (14) calendar days. Major interior cleaning shall include (in addition to the daily tasks outlined above), an interior detailed cleaning of all windows, the driver's area, all side paneling, and the ceilings. RFP 11 -082 Transit System Service & Support Services Page 74 of 117 3. Quarterly Upholstery cleaning of all seats shall be done quarterly Interior Damage: Interior damage on all vehicles shall be reported to City staff on a weekly basis with an estimated time line for repairs and a list of completed repairs. Penalty: Fifty - dollars ($50) per business day per vehicle for each day of non - compliance with any of the above standards. Incentive: A bonus of two hundred fifty dollars ($250) per quarterly shall be granted to the Contractor when full compliance with all of the above standards is achieved. Penalties and incentives will be applied quarterly. 5.4 REPORTING STANDARDS A. Monthly Maintenance Reporting Standard The Contractor shall submit the monthly maintenance report to the City prior to the 10 day of the following calendar month. Penalty: Failure by the Contractor to provide the monthly maintenance report within the specified time period shall result in a penalty of fifty dollars ($50) per business day until the report is submitted to the City. Penalty will be applied to the monthly invoice. B. Monthly Invoice Standards All components of the monthly invoice must be submitted to the City no later than 10 business days following the end of the previous calendar month. Penalty: Failure by the Contractor to provide the Monthly Invoice within the specified time period shall result in a penalty of fifty dollars ($50) per business day until the report is submitted to the City. Penalty will be applied to the monthly invoice. C. Drug and Alcohol Reporting Standards The Contractor must submit the monthly Drug and Alcohol report accurately no later than 10 business days following the previous calendar month. Penalty: Failure by the Contractor to provide any Drug and Alcohol or MIS Report within the specified time period shall result in a penalty of one hundred ($100) per business day until the report is submitted to the City. Failure of the Contractor to use the correct decision (DOT vs. Non -DOT testing) related to drug and alcohol testing will result in a $100 penalty. Penalty will be applied to the monthly invoice. RFP 11 -082 Transit System Service & Support Services Page 75 of 117 D. Disadvantaged Business Enterprise Program Standards The City must declare a DBE goal annually. The Contractor must make a good faith effort to meet the DBE goal throughout the duration of the Contract. Failure of the Contractor to use the DBE firms (or a Certified DBE replacement) that were submitted with the Proposal shall constitute a breach of Contract. The monthly DBE report is to be submitted to the City no later than 10 business days following the previous calendar month. For any month in which the goal is not met, good faith efforts must be submitted to the City no later than 10 business days following the previous calendar month showing what ongoing opportunities to bid were given to DBE firms. All bidder contact information must be supplied with the good faith efforts. The original written responses from DBE firms to ongoing bids must be provided monthly. Penalty: Failure to provide a monthly DBE report no later than 10 business days following the previous calendar month will result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. If the DBE portion of the Contract is not provided by a certified DBE, the federal government has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: • Suspension or debarment proceedings pursuant to 49 CFR part 2 • Enforcement action pursuant to 49 CFR part 3 • Prosecution pursuant to 18 USC 1001. Incentive: No incentive. Penalty will be applied to the monthly invoice. E. Federal Requirements Standards It is understood and agreed that the Contractor is obligated by and to the City for specifications or documentation required to comply with any Federal Transit Administration, State of Georgia, or Augusta, Georgia requirements. F. Accident Reporting Standards The Contractor shall report all passenger or vehicle accidents to the City within thirty (30) minutes of the occurrence and follow up with a complete, correct, and detailed written accident report within three (3) days of the occurrence. Penalty: Failure by the Contractor to report an accident within thirty (30) minutes of the occurrence and to follow up with a complete, correct, and detailed written accident report within three (3) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. The police report shall be provided within seven (7) business days from the date of the accident. Failure by the Contractor to provide a Police Report within seven (7) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. Incentive: No incentive. Penalty will be applied to the monthly invoice. RFP 11 -082 Transit System Service & Support Services Page 76 of 117 G. Major NTD Reportable Accident The Contractor shall report all NTD Reportable Accidents, as defined by the National Transit Database within (30) minutes of the occurrence and follow up with a complete, correct, and detailed written accident report within three (3) days of the occurrence. Penalty: Failure by the Contractor to report an NTD Reportable Accident within thirty (30) minutes of the accident, provide a complete, correct, and detailed accident report within three (3) business days of the occurrence shall result in a penalty of one hundred ($100) dollars per business day until the report is submitted to the City. The police report shall be provided within seven (7) days from the date of the accident. Incentive: No incentive. Penalty will be applied to monthly invoice. H. NTD Reporting Standards The Contractor is responsible for compiling information regarding the fixed route and paratransit operations including vehicle revenue hours, vehicle mileage, passenger trips and service failures for the preparation of the National Transit Database Report. This report is critical to the receipt of federal funding and the Contractor must ensure that all deadlines and procedures established by the FTA regarding this report are followed and any follow -up responses are adhered to. The Contractor's operations staff must have a clear understanding of all aspects of the NTD Report including how to develop an FTA approved sampling methodology for collecting passenger data during mandatory sampling years. In addition, on a monthly basis, the Contractor shall provide the required NTD information on the appropriate NTD form along with all backup information. This information shall be supplied with the monthly invoice. Penalty: Failure by the Contractor to include, with the monthly invoice, the required NTD information, on the appropriate NTD form along with all backup information shall result in a penalty of one - hundred dollars ($100) per business day until the report is submitted to the City. Incentive: No incentive. Penalty will be applied to monthly invoice 5.5 CUSTOMER SERVICE STANDARDS A. Overview Augusta, Georgia has exceptionally high customer service standards for all of its departments. APT customers have a right to expect courtesy, respect, honesty and professionalism from all APT representatives including Managers, Bus Operators, Dispatchers, Supervisors, Reservationists, Schedulers, and Customer Service Agents. Whether they come in contact with a APT representative by phone or in person, the APT representative is expected to listen to their request/question, ask for clarification if necessary, and provide complete, knowledgeable, accurate, precise information regarding their inquiry. In the past, APT has experienced a high rate of operator courtesy complaints and unsafe driving complaints. Therefore, APT has established the following penalty for operator courtesy com plaints: RFP 11 -082 Transit System Service & Support Services Page 77 of 117 B. Courtesy Complaint The total number of courtesy complaints received per quarter, filed through either the Customer Service Department or the City, shall be less than 10% of the total number of complaints received per quarter. Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Any employee who receives more than three (3) courtesy complaints in any one quarter will be removed from all APT activities. C. Unsafe Driving Complaint Any employee who receives more than three (3) unsafe driving complaints in one quarter will be removed from all APT activities. D. Complaint Response Time Customer complaints will be responded to within 24 hours from the time of receipt of the complaint, Monday through Friday. Complaints received on Friday shall be responded to on Monday. Penalty: Fifty - dollars ($50) per occurrence for any complaint recorded by the Customer Service Department or the City in which • The customer's comments have not resulted in an initial response to the complaint within 24 hours from complaint receipt. • A completed investigation and follow -up response (telephone or written) has not been provided to the customer within seven (7) calendar days of the date from complaint receipt. E. Complaints Filed Through Customer Service Department The total number of complaints filed through the Customer Service Department shall be no more than 250 per quarter. Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Incentive: No Incentives F. Complaints Filed Through the City The total number of complaints filed through the City shall be no more than 30 per quarter. Penalty: A $500 penalty per quarter shall be assessed for failure to meet this standard. Incentive: No Incentive. Penalties will be applied quarterly. RFP 11 -082 Transit System Service & Support Services Page 78 of 117 5.6 FUEL EFFICIENCY STANDARDS Augusta, Georgia has made a concerted effort to improve fuel economy and improve air quality and has taken specific steps to achieve this result. Bus Idling Standard: The idling time for all Augusta Public Transit buses shall not exceed 15 minutes with the following exceptions: • Extreme weather conditions. • Idling in traffic. • When maintenance is being performed. • When there are passengers on board. Penalty: Failure to comply with the bus idling standard shall result in a penalty of twenty -five ($25) per occurrence per bus. Penalty will be applied to the monthly invoice. 5.7 TICKET INVENTORY CONTROL STANDARDS Procedures are established whereby upon the receipt of a request for tickets, a Ticket Request form MUST be completed and submitted to the City. Forms must be submitted to the City no less than once per week to ensure proper inventory management. Penalty: A penalty of $100 shall be assessed for every Ticket Request form submitted more than 5 business days after the date of the request. Incentive: No incentive. Penalty will be applied to monthly invoice. End of Section 5 RFP 11 -082 Transit System Service & Support Services Page 79 of 117 ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Contract Assurance §26.13b Prompt Payment Mechanisms §26.29 SECTION 6 FTA CLAUSES INCORPORATED BY REFERENCE This agreement incorporates by reference the following Federal Transit Administration required clauses with the same force and effect as if they set forth in full in the main text of the agreement. It is understood and agreed that the Contractor is obligated by and to Augusta, Georgia (hereinafter referred to as the City) for any specifications or documentation required of the City under these clauses. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR PART 26 The Contractor, subcontractor, or subrecient shall not discriminate on the basis or race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as Augusta, Georgia deems appropriate. The prime Contractor agrees to pay each subcontractor under this prime Contract for satisfactory performance of its Contract no later than 10 business days from the receipt of each payment the prime Contractor receives from Augusta, Georgia Department of Transportation. The prime Contractor agrees further to return retainage payments to each subcontractor within 10 business days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above references time frame may occur only for good cause following written approval of Augusta, Georgia Department of Transportation. STATE AND LOCAL LAW DISCLAIMER The Contractor agrees to comply with all applicable statutes, ordinances, and regulations of the United States, the U.S. Department of Transportation, the State of Georgia, and local governments. RFP 11 -082 Transit System Service & Support Services Page 80 of 117 CONTRACT TERMINATION PROVISIONS 49 CFR Part 18 4220.1D (APPLIES TO CONTRACTS OVER $10,000 UNLESS THEY ARE WITH A NOT FOR PROFIT OR INSTITITUION OF HIGHER LEARNING) Termination for Convenience — The City may terminate this Contract in whole or in part, for the City's convenience or because of the failure of the Contractor to fulfill the Contract obligations. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall immediately discontinue all services affected, unless the notice directs otherwise, and delivery to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process. If the termination is for the convenience of the City, the Contracting Officer shall make an equitable adjustment in the Contract price but shall allow no anticipated profit on unperformed services. Termination for Default — If the Contractor does not deliver the goods or services provided by this solicitation in accordance with the provisions contained herein, or if the Contractor fails to perform in the manner called for with regard to other provisions of a Contract awarded in conjunction with this solicitation, the City may notify the Contractor of its intention to terminate this Contract for default. The Contractor shall be allowed fifteen (15) calendar days after receipt of the notice of intent to terminate for default in which to rectify the problems that were cause for such notice. Termination shall be effected by serving a final notice of termination on the Contractor setting forth the manner in which the Contractor may be paid for only items delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as strike, fire, flood, or other events which are not the fault of, or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Opportunity to Cure — The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to the City's satisfaction, the breach or default or any terms, covenants, or conditions of the Contract within ten (10) days after receipt by Contractor or written notice from the City setting forth the nature of said breach, the City shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the City from pursuing all available remedies against the Contractor and its sureties for said breach or default. RFP 11 -082 Transit System Service & Support Services Page 81 of 117 The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Access to Records — The following access to records requirements apply to this agreement: (1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this agreement for the purposes of making audits, examinations, excerpts and transcriptions. The Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a) (1), which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, the Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes Contracts of less than the simplified acquisition threshold currently set at $100,000. Where the Purchaser enters into a negotiated Contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, the Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a Contract for a capital project or improvement (defined at 49 U.S.C. 5302(a) (1) through other than competitive bidding, the Contractor shall make available records related to the Contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case the Contractor agrees to maintain same until the City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i) (11). FTA does not require the inclusion of these requirements in subcontracts. (3) (7) RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 RFP 11 -082 Transit System Service & Support Services Page 82 of 117 FEDERAL CHANGES 49 CFR Part 18 Federal Changes — The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA MA (2) dated October, 1995) between the City and FTA, as they may be amended or promulgated from time to time during the term of this Contract. The Contractor's failure to comply shall constitute a material breach of this agreement. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. The City and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this agreement and shall not be subject to any obligations or liabilities to the City, the Contractor, or any other party (whether or not a party to that agreement pertaining to any matter resulting from the underlying agreement. (1) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDELENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1D Termination for Convenience — The City, by written notice, may terminate this agreement, in whole or in part, when it is in the Government's interest. If this agreement is terminated, the City shall be liable only for payment under the payment provisions of this agreement for services rendered before the effective date of termination. (3) RFP 11 -082 Transit System Service & Support Services Page 83 of 117 PRIVACY ACT 5 U.S.C. 552 Contracts Involving Federal Privacy Act Requirements — The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. 49 CFR Part 26 Civil Rights - The following requirements apply to the underlying Contract: (1) Nondiscrimination — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity — The following equal employment opportunity requirements apply to the underlying Contract: (a) Race, Color, Creed, National Origin, Sex — In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Aqe — In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. RFP 11 -082 Transit System Service & Support Services Page 84 of 117 (3) (c) Disabilities — In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. CONTRACT ASSURANCE 49 CFR Part 26.13 The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in performance of the agreement. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this agreement or such other remedy, as the recipient deems appropriate. PROMPT PAYMENT 49 CFR Part 26.29 The Contractor agrees to pay each subcontractor under this agreement for satisfactory performance of its Contract no later than seven (7) days from receipt of each payment the Contractor receives from the City. The Contractor further agrees to return retainage payments to each subcontractor with seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval by the City. The clause applies to DBE and non -DBE subcontractors. In the case of dispute between a Contractor and a subcontractor regarding prompt payment for the satisfactory completion of work, including retainage, arbitration between parties is the dispute resolution of choice. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1D Incorporation of Federal Transit Administration (FTA) Terms — The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests, which would cause the City to be in violation of the FTA terms and conditions. CLEAN AIR REQUIREMENTS 42 U.S.C. 7401 et seq. 40 CFR 15.61 49 CFR Part 18 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.0 7401 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these regulations in each subcontract exceeding $100,000 financed in whole or in part with Federal Assistance provided by FTA. RFP 11 -082 Transit System Service & Support Services Page 85 of 117 CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. SEISMIC SAFETY REQUIREMENTS 42 U.S.0 7701 et seq. 49 CFR Part 41 The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this Contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Byrd Anti- Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] — Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - federal funds with respect to that federal Contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Appendix A, 49 CFR Part 20 -- Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal Contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq. RFP 11 -082 Transit System Service & Support Services Page 86 of 117 The undersigned shall require that the language of this certification be included in the award documents 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 was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFP 11 -082 Transit System Service & Support Services Page 87 of 117 BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1 D Disputes — Disputes arising in the performance of this agreement which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City, David Montanye, Augusta, Georgia DOT Director. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Augusta, Georgia DOT Director. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Augusta, Georgia DOT Director shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute — Unless otherwise directed by the City, the Contractor shall continue performance under this agreement while matters in dispute are being resolved. Claims for Damages — Should either party to this agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies — Unless this agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within Augusta, Georgia, Georgia. Rights and Remedies — The duties and obligations imposed by the agreement documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, Architect, if applicable, or Contractor shall constitute a waiver of any right or duty afforded any of them under the agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. BUY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. §5232 (j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7 and included final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by the Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating or planning funds. Separate requirements for rolling stock are set out in 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder must submit to the City the appropriate Buy America certification located in the Attachments with all bids on FTA funded Contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non - responsive. This requirement does not apply to lower tier subcontractors. CONTRACT WORK HOURS AND SAFETY STANDARDS 40 U.S.C.§ §327 -333 (1995) 29 C.F.R. §5 (1995) 29 C.R.F. § 1926 (1995) Pursuant to Section 102 (Overtime): Contract Work Hours and Safety Standards Act Overtime requirements — No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one - half times the basic rate of pay for all hours worked in excess of forth hours in such workweek. RFP 11 -082 Transit System Service & Support Services Page 88 of 117 Violation/ liability for unpaid wages — liquidated damages — In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $1 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages — The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor of subcontractor under any such Contract or any other Federal Contract with the same prime Contractor, or any federally- assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts — The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Payrolls and Basic Records — Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the David -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.0 §5310, §5311, and §5333 29 CFP Part 215 Transit Employee Protective Provisions: The Contractor agrees to comply with applicable transit employee protective requirements as follows: General Transit Employee Protective Requirements — To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying Contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA recipient's project from which Federal assistance is provided to support work on the underlying Contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any Contract financed with Federal assistance provided by FTA either for projects for elderly individuals or individuals with disabilities authorized by 49 U.S.C. §5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. §5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. RFP 11 -082 Transit System Service & Support Services Page 89 of 117 Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5310(a)(2) for Elderly Individuals and Individuals with Disabilities — If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5310 (a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. §5333(b) are necessary or appropriate for the state and the public body subrecipent for which work is performed on the underlying Contract, the Contractor agrees to carry out the project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certifications to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying Contract in compliance with the conditions stated in that U.S. DOL letter. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5311 in Nonurbanized Areas — If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. ENVIRONMENTAL PROTECTION The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality ", 42 U.S.C. § 4321 note: FTA statutory requirements on environmental matters at 49 U.S.C. § 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FTA/FHWA regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES (ADA) The Contractor agrees to comply with the requirements of 49 U.S.0 § 5301 (d) which expresses the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transit service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement those policies. The Contractor agrees to comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § §12101 et seq., which requires the provision of accessible facilities and services, and with the following Federal regulations, including any amendments thereto: 1. U.S. DOT regulations, "Transportation Services for individuals with Disabilities (ADA), 49 CFR Park 37. 2. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27. 3. Joint U.S. Architectural and Transportation Barriers Compliance Board /U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Park 38. 4. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services ", 28 CFR Park 35. 5. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities ". 28 CFR Part 36. 6. U.S. GSA regulations, "Accommodations for the Physically Handicapped ", 41 CFR Subpart 101 -19. 7. U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, "29 CFR Part 1630. 8. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F. 9. FTA regulations, "Transportation for the Elderly and Handicapped Persons," 49 CFR Park 609. 10. Any implementing requirements FTA may issue. RFP 11 -082 Transit System Service & Support Services Page 90 of 117 CHARTER BUS REQUIREMENTS 49 U.S.C. 5323(d) 49 CFR Part 604 The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605 Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. DRUG AND ALCOHOL TESTING 49 U.S.C. §5331 49 CFR Parts 653 and 654 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Georgia , or the Augusta, Georgia to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before February 1 and to submit the Management Information System (MIS) reports before March 1 to Augusta, Georgia Risk Manager. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. End of Section 6 RFP 11 -082 Transit System Service & Support Services Page 91 of 117 EXHIBITS RFP 11 -082 Transit System Service & Support Services Page 92 of 117 Bus Operator I Bus Operator I Bus Operator I Bus O.eratorl AUGUSTA PUBLIC TRANSIT EMPLOYEES - FY 2010 Job Description D.O.E. Administrative Manager Administrative Asst III Cashier I Director II Executive Secretary I Secretary I Administrative Asst 1 Administrative Asst 111 Administrative Asst 111 Administrative Asst 111 Administrative Asst 111 Administrative Asst III Administrative Asst III Bus Operator I Bus Operator I Bus Operator I Bus Operator 1 Bus Operator I Bus Operator I Bus Operator 1 Bus Operator I Bus Operator I Bus Operator l Bus Operator 11 Bus Operator 11 Bus Operator 11 Bus Operator 11 Bus Operator II Bus Operator II Bus Operator II Bus Operator II Vacant Vacant Vacant Vacant Vacant ADMINISTRATION OPERATIONS Exhibit 1 Salary 11- Oct -04 $37,009.44 01- Nov -83 $32,403.54 23- Apr -08 $37,232.00 29- Dec -80 $77, 504.70 22- Sep -08 $27,673.62 30- Nov -09 $24,455.08 12- Mar -73 00- Jan -00 00- Jan -00 00- Jan -00 15- Aug -88 04- Dec -89 26- May -85 31- Mar -03 09- Apr -84 01- Dec -97 02- Nov -87 16- Dec -96 12- Oct -98 00- Jan -00 22- Jul -92 18- Oct -99 12- Jun -90 Bus Operator l (Workers' Comp)* 01- Nov -83 $29, 271 62 07- Dec -92 04- Oct -93 06- Jun -05 00- Jan -00 15- Jun -09 04- May -09 22- Oct -07 24- Apr -06 30- Jun -08 30- Jun -08 16- Dec -96 04- May -09 RFP 11 -082 Transit System $38,051.26 $0.00 $0.00 $0.00 $32,319.82 $31,466.24 $31,980.78 $24,900.46 $30,047.42 $25,084.80 $29, 685.76 $25,504.96 $24,689.60 $0.00 $25, 937.86 $25,151.10 $29, 867.24 $26,064.48 $26,001.82 $23, 857.60 $0.00 Bus Operator 11 (Workers' Comp)* 02- Nov -87 $29.453.45 $22,231.56 $22,231.56 $22,231.56 $22,231.56 $22,231.56 $22,231.56 $24, 836.24 $22,231.56 Service & Support Services Page 93 of 117 Job Description Bus Operator II Bus Operator 11 (Workers' Comp)* 12- Feb -07 $22,231.59 Bus Operator II Bus Operator 11 Bus Operator II Bus Operator II Bus Operator II Bus Operator II Bus Operator II Bus Operator II Bus Operator II Bus Operator II Bus Operator II Part -Time ADA Transportation Clerk Special Sercives Manager Bus Operator 1 Bus Operator 1 Bus Operator 11 Bus Operator II Bus Operator II Bus Operator II Bus Operator II Assistant Sho • Foreman Laborer Laborer I Laborer I Laborer 1 Mechanic 1 Mechanic I Mechanic I Mechanic I Mechanic I Mechanic I AUGUSTA PUBLIC TRANSIT EMPLOYEES - FY 2010 Vacant Vacant Employee Vacant 00- Jan -00 Vacant 00- Jan -00 Vacant 14- Dec -09 00- Jan -00 ADA MAINTENANCE Vacant Vacant Vacant Vacant D.O.E. Salary 23- Au•-10 $22,231.56 03- Dec -07 21- Apr -08 31- Dec -07 23- Aug -10 00- Jan -00 00- Jan -00 28- Jul -08 14- Dec -09 $22,231.56 $22,231.56 $22,231.56 $22,23/.83 $0.00 $0.00 $22,231.56 $22,231.56 $0.00 $0.00 $22,231.56 $0.00 21- Jul -03 $23, 603.84 16- Apr -86 $36, 540.92 22- May -06 $23,401.82 15- Aug -05 $23,401.82 29- Aug -05 $22,916.40 31- Dec -07 $22,231.56 15- Aug -05 $22,916.40 18- Dec -06 $22,231.56 21- Jul -03 $23, 603.84 01- Jan -99 $38,690.86 Laborerl Laborer Contractor Contractor 00- Jan -00 00- Jan -00 $ 0.00 S0. 05- May -97 $21,338.20 17- Mar -03 $20,236.58 16- A•r -01 $20,337.46 Laborer I Contractor 00- Jan -00 $0.00 03- Apr -00 $20,439.12 00- Jan -00 $0.00 01- Jan -99 $33,401.16 03- Apr -00 $33,401.16 11- Aug -08 $34,320.00 00- Jan -00 $0.00 00- Jan -00 $0.00 RFP 11 -082 Transit System Service & Support Services Page 94 of 117 AUGUSTA PUBLIC TRANSIT EMPLOYEES - FY 2010 Job Description Employee D.O.E. Salary Maint Support Tech 08- Sep -96 $23,359.96 Manager, Fleet Vehicles 22- Jul -74 $44,500.04 Mechanic, Lead 01- Jan -99 $38,410.84 Mechanic, Lead 18- May -09 $37,519.82 Mechanic III 27- Mar -06 $27,673.62 Purchasing Clerk I 09- Mar -09 $25, 741.82 Mechanic II Vacant 00- Jan -00 $0.00 Part -Time Vacant 00- Jan -00 $0.00 Laborer l 01- Nov -94 $25, 702.56 Laborer I 08- Jan -02 $23,082.54 Administrative Asst III Part -Time Part -Time Part -Time Part -Time Part -Time Part -Time Part -Time RURAL RICHMOND TRANSIT Vacant 27- Feb -06 $26,355.16 28- Jun -10 $7.77 14- Mar -05 $9.28 28- Jun -10 $9.71 04- Nov -96 $8.95 00- Jan -00 $0.00 22- Jun -10 $10.27 28- Jun -10 $7.77 RFP 11 -082 Transit System Service & Support Services Page 95 of 117 APT REVENUE AND NON - REVENUE INVENTORY VEH. NO. MAKE MODEL LIC. NO YR. VIN. NO. SEAT CAP. In Service Date CITY # GOSHEN 8 1 9902 Blue Bird 32 CSRE 2WC GV32390 1999 1BAGGB7A1XF088059 32 5/5/1999 994192 2 2001 Blue Bird 32' CSRE 2WC GV32379 2000 1BAGGBXAXYFO95657 32 3/10/2000 994182 3 2003 Blue Bird 32' CSRE 2WC GV32381 2000 1BAGGBXA3YFO95659 32 3/102000 994238 4 2004 Blue Bird 32' CSRE 2WC GV32382 2000 1BAGGBXAXYFO95660 32 3/10/2000 994239 5 201 Blue Bird 35 CSRE 2WC GV32395 2002 1BAGHBXA92F205473 32 1/15/2002 1045 6 202 Blue Bird 35' CSRE 2WC GV32372 2002 1BAGHBXAO2F205474 32 1/15/2002 1046 7 203 Blue Bird 35' CSRE 2WC GV32373 2002 1 BAGHBXA22F205475 32 1/15/2002 1047 8 204 Blue Bird 35' CSRE 2WC GV32374 2002 1BAGHBXA42F205476 32 1/15/2002 1048 9 4001 Blue Bird 35' L4RE 2WC GV31599 2004 1BAGJBPA04F219642 30 7/52004 4001 10 4002 Blue Bird 35' L4RE 2WC GV31600 2004 1BAGJBPA24F219643 30 7/5/2004 4002 11 4003 Blue Bird 35' L4RE 2WC GV31601 2004 1BAGJBPA44F219644 30 7/5/2004 4003 12 5001 Blue Bird 30'L4RE 2WC GV31776 2005 1BAGEBPA76W100316 24 6/13/2005 5001 13 5002 Blue Bird 30'L4RE 2WC GV31779 2005 1BAGEBPA96W100317 24 6/13/2005 5002 14 5003 Blue Bird 30'L4RE 2WC GV31778 2005 1BAGEBPAO6W100318 24 6/13/2005 5003 15 5004 Blue Bird 30'L4RE 2WC GV31777 2005 1BAGEBPA26W100319 24 6/13/2005 5004 16 5005 Blue Bird 30'L4RE 2WC GV32056 2006 1BAGEBPA96W100396 24 10/21/2005 5005 17 6001 GOSHEN FORD/BUS 2WC GV32089 2006 1FDXE45P36HAl2257 18 2/8/2008 6001 22845 18 8002 GOSHEN FORD/BUS 2WC GV32090 2006 1FDXE45P56HAl2258 18 2/82006 6002 22846 19 206 GOSHEN 02 FORDBUS6WC GV32378 2002 1FDWE45F02HB00163 10 5/12002 1051 20 1001 ORION ORION7 GV1462B 1VHFF3G21A6707077 32 11/112010 1001 21 1002 ORION ORION7 GV1464B 1VHFF3G27A6707083 32 11/1/2010 1002 22 1003 ORION ORION7 GV1463B 1VHFF3G29A6707084 32 11/1/2010 1003 1 6003 GOSHEN FORD/BUS 3WC GV32322 2006 1F0XE45P56HA71584 10 3/15/06 6002 23201 2 6004 GOSHEN FORD/BUS 3WC GV32321 2006 1FOXE45P06HA71606 10 3/15/06 6003 23202 3 9001 GOSHEN CHEV/BUS 6WC GV72563 2009 1GBE4V1919F413175 14 23202 4 9002 GOSHEN CHEVBUS6WC GV72564 2009 1GBE4V1979F413181 14 23202 5 9003 GOSHEN CHEVBUS6WC GV72565 2009 1GBE4V1989F413285 14 23202 6 9004 GOSHEN CHEVBUS6WC GV72568 2009 1GBE4V1919F413323 14 23202 7 9005 GOSHEN CHEVBUS6WC GV72567 2009 1GBE4V1939F413338 14 23202 8 9006 GOSHEN CHEVBUS6WC GV72568 2009 1GBE4V1959F413146 14 23202 VEH. # MAKE MODEL LIC. NO R. MOI VIN. NO. SEAT CAP. CITY 8 GV32375 1992 1FTCR10X7NTA22942 96 INTERNAT. 4600 LP GV32376 1992 1 HTSBZRK3NH397565 100 FORD96 F150 GV32427 1996 1FTEF15NOTLB81165 1004 CHEV EXPRESS GV32377 2010 1GNUGBD43A1176095 95 FORD RANGER AUGUSTA - RICHMOND COUNTY PUBLIC TRANSIT ADA Exhibit 2 3 1004 RFP 11 -082 Transit System Service & Support Services Page 96 of 117 ATTACHMENTS RFP 11 -082 Transit System Service & Support Services Page 97 of 117 ATTACHMENT 1 PRIMARY CONTRACTOR CERTIFICATION REGARDING DISBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The bidder certifies to the best of my knowledge and belief the firm and its representatives: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b) Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgement rendered against the firm or its representatives for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public, Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offense numerated in paragraph (b) of this certification; (d) Have not within a three (3) year period preceding, this Agreement had one or more public transaction (Federal, State, or Local) terminated for cause or default; and (e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction" as attached hereto and without motivation, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this agreement and other remedies available to the Georgia Department of Transportation, in connection with this Agreement involving participation of Federal -Aid Transit Funds, and is subject to applicable State and Federal laws, both criminal and civil. SIGNATURE: TITLE: FIRM: DATE: RFP 11 -082 Transit System Service & Support Services Page 98 of 117 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (c) SIGNATURE: TITLE: FIRM: DATE: ATTACHMENT 2 CERTIFICATION REGARDING DISBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The bidder certifies to the best of my knowledge and belief the firm and its representatives: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by the Georgia Department of Transportation and by any Federal department or agency. (b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this form agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with the Prime Contractor Agreement involving the participation of Federal Aid Transit Funds, and is subject to applicable State and Federal laws, both criminal and civil. RFP 11 -082 Transit System Service & Support Services Page 99 of 117 ATTACHMENT 3 CERTIFICATION OF DRUG -FREE WORK PLACE The following certification is required for contracts, which exceed $25,000. I certify that I am a principal and duly authorized representative of whose address is , and it is also certified that: (a) The provisions of Section 50 -24 -1 through 50 -24 -6 of the Official Code of Georgia Annotated, relating, to the "Drug -Free Workplace Act" have been complied with in full; and (b) A drug -free Workplace will be provided for the consultant's employees during the performance of the contract; and (c) Each subcontractor hired by the Consultant shall be required to ensure that the subcontractor's employees are provided a drug -free Workplace. The Consultant shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the Consultant, certifies to the Consultant that a drug -free Workplace will be provided for the subcontractor's employees during he performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50- 24 -3 "; and (d) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance of marijuana during the performance of the contract. Date: Signature: RFP 11 -082 Transit System Service & Support Services Page 100 of 117 ATTACHMENT 4 BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S. C. 53230) (1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non - Compliance with 49 U.S. C. 53230) (1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title RFP 11 -082 Transit System Service & Support Services Page 101 of 117 1 111 Certification requirement for procurement of buses, other rolling stock and associated equipment. 1 Certificate of Compliance with 49 U.S. C. 53230)(2)(C). I The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. I Date Signature 1 Company Name I Title Certificate of Non - Compliance with 49 U.S.C. 53230 (2) (C) I The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. I Date 1 Signature Company Name 1 Title 1 1 1 1 1 1 1 I RFP 11 -082 Transit System Service & Support Services Page 102 of 117 ATTACHMENT 5 CERTIFICATION REGARDING LOBBYING - APPENDIX A, 49 CFR PART 20 Certification for contracts, Grants, Loans, and Co- operative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any co- operative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or co- operative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of the Member of Congress in connection with this Federal contract, grant, loan, or co- operative agreement, the undersigned shall complete and submit Standard Form —LLL, the "Disclosure form to Report Lobbying - in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/20/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 2095 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.) (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and co- operative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352c(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFP 11 -082 Transit System Service & Support Services Page 103 of 117 DESCRIPTION FIXED ROUTE PARATRANSIT RURAL TRANSIT TOTAL RECERTIFICATION ATTACHMENT 6 RFP 11 -082 COST PROPOSAL Please enclose this page in a separate sealed envelope FIXED COST Bidder Name Authorized Signature: Address: City /State /Zip Code: Telephone: Fax: Date: RFP 11 -082 Transit System Service & Support Services Page 104 of 117 Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race - Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws. REV. 08/04/10 RFP 11 -082 Transit System Service & Support Services Page 105 of 117 USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Form / Acknowledgement of Addenda Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received) Note: Use Only If Applicable Rev. 3/10/2010 Georgia Security and Immigration Subcontractor Affidavit Non - Collusion Affidavit of Sub - Contractor Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor /Supplier Utilization Plan The Exception Sheet (if applicable) Local Vendor Preference (if applicable) Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon request. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. RFP 11 -082 Transit System Service & Support Services Page 106 of 117 Listed below is a consolidated listing of the Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1 - 3 of Attachment B with your submittal. Statement of Non - Discrimination Attachment B The undersigned understands that it is the policy of Augusta- Richmond County to promote full and equal business opportunity for all persons doing business with Augusta- Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta - Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta - Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of an incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. RFP 11 -082 Transit System Service & Support Services Page 107 of 117 Attachment B - Page 2 of 3 Non - Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. RFP 11 -082 Transit System Service & Support Services Page 108 of 117 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13 -10- 91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. For additional information visit the State of Georgia website: https: / /e verify.uscis.qov /enroll/ and /or http: / /www.dol.state.ga.us /pdf /rules /300 10 1.pdf E- Verify * User Identification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non - compliant if any part of this process is violated. Company Name BY: Authorized Officer or Agent (Contractor Signature) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY SEAL Notary Public My Commission Expires: Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal Rev. 11/13/09 RFP 11 -082 Transit System Service & Support Services Page 109 of 117 City of Augusta Procurement Department 530 Greene Street, Suite 605 Augusta, Georgia 30901 ATTN: Procurement Director Addenda 1 Addenda 2 Addenda 3 Addenda 4 REV. 11 /13/09 Initial Initial Initial Initial BIDDER'S FORM /ACKNOWLEDGEMENT OF ADDENDA Acknowledgement of Addendum: Check and Initial the appropriate box: Business Locations: (Check One) Augusta Richmond County Other Name of Bidder: Street Address: City, State, Zip Code: Phone: Fax: Email: City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for which they do the majority of their business. For further information contact Robert Sherman of the License and Inspection Department @ 706 312 -5162. Do You Have A Business License? Yes: No: Licensed By What State, City & County Business License #: Fed Tax Id #: Addenda 5 Initial Addenda 6 Initial Addenda 7 Initial Addenda 8 Initial THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT CONFORMANCE TO THE BID /RFP /RFQ SPECIFICATIONS AND BID /RFP /RFQ INVITATION ISSUED BY THE CITY OF AUGUSTA FOR THIS BID /RFP /RFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACHED COPY OF BID /RFP /RFQ SPECIFICATIONS: Signature: Date: THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL RFP 11 -082 Transit System Service & Support Services Page 110 of 117 STATE OF GEORGIA - COUNTY OF RICHMOND By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. E- Verify * User Identification Number Company Name BY: Authorized Officer or Agent (Contractor Signature) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary Public My Commission Expires: Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 11/13/09 SUBCONTRACTOR AFFIDAVIT BID /RFP /RFQ# Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. For additional information: State of Georgia http: / /www.dol.state.ga.us /pdf /rules /300 10 1.pdf https: / /e- verify.uscis.gov /enroll/ NOTARY SEAL RFP 11 -082 Transit System Service & Support Services Page 111 of 117 Signature of Authorized Company Representative Title Notary Signature In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price. Sworn to and subscribed before me this day of , 20 . Notary Public: (Print Name) County: Commission Expires: NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) RFP 11 -082 Transit System Service & Support Services Page 112 of 117 Name of Subcontractor /Supplier Company Name, Address and Phone Number Scope of Work to be Performed ARC Business License? Yes or No ARC LSBOP Registration No. and Expiration Date Dollar ($) Value of Work Percentage of Total Bid Amount AUGUSTA - RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LSB SUBCONTRACTOR 1 SUPPLIER UTILIZATION PLAN Attention Bidder/Proponenf: List all ARC Registered Local Small Business subcontractors /suppliers, including lower tiers, to be used in the Project. Company Name Project Name: Contract #: Signature: Date: Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received). REV. 8/31/09 If there are no subcontracting opportunities the form must be executed (write N /A, sign, date, and return) Questions, please contact: Ms. Yvonne Gentry at (706) 821 -2406 RFP 11 -482 Transit System Service & Support Services Page 114 of 117 -*al 111111 1111111 11111 1.11 11111 - I 111111 11111 it 1 Name of Subcontractor /Supplier Subcontractor /Supplier Name, Address and Phone Number Augusta- Richmond Co. Business License? (Yes or No) Scope of Work Solicited Local Small Business? ARC LSBOP Registration No Results of Contact AUGUSTA - RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM GOOD FAITH EFFORTS SUBCONTRACTOR & SUPPLIER CONTACT FORM Attention Bidder/Proponent: List all subcontractors or suppliers that were contacted regarding this project. Use additional sheets as necessary. Bidder!Proponent's Project Name: Bid #: Signature: Date: Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received). • Ina if there are no subcontracting opportunities the form must be executed (write N/A, sign, date, and return) Questions, please contact: Ms. Yvonne Gentry at (706) 821 -2406 RFP 11 -082 Transit System Service & Support Service Page 113 of 1' ■EI - -= r= I MN G N -- I- UM E MN MI M PROJECT NAME REPORT PERIOD FROM TO , 20 NAME Of SU ON SUPPLIER ONE TOTALS Total LSB% CONTRACTOR: AUTHORIZED SIGNATURE DATE PAY REQUEST NO. PERCENTAGE OF TOTAL CONTRACT COMPLETED TO DATE REV. 3/10/2010 AUGUSTA - RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM MONTHLY SUBCONTRACTOR/SUPPLIER UTILIZATION REPORT List all subcontractors /suppliers, including lower tiers, to be used on this project. PROJECT NO. BASE BID $ PROPOSED LSB UTILIZATION Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon request. Questions: Contact Ms. Yvonne Gentry —Office: (706) 821 -2406 or Fax: 706 821 -4228 RFP 11 -082 Transit System Service & Support Services Page 115 of 117 EXCEPTION SHEET If the commodity (ies) and /or services proposed in the response to this bid is in anyway different from that contained in this proposal or bid, the bidder is responsible to clearly identify by specification section number, all such differences in the space provided below. Otherwise, it will be assumed that bidder(s) offer is in total compliance with all aspects of the proposal or bid. Below are the exceptions to the stated specifications: Date Signature REV. 8/31/09 Company Title Return with submittal if the commodity and /or services proposed in the response to this RFP are in anyway different from that contained in the specifications. RFP 11 -082 Transit System Service & Support Services Page 116 of 117 1 1 1 Vendor Certified: Certification Statement Local Vendor Preference I certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta Richmond County Code for at least 6 months. (3) That my company employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50 %) owned by one or more persons whose primary residence is in Augusta. (4) Attached is a copy of my Augusta Business License. Company Name: Address: Business License Number Phone Number: Owner's Name: Signature: Authorized City Representative Signature Fax Number: I VENDOR DO NOT COMPLETE 1 To be completed by Authorized City Representative from Augusta Richmond County Procurement Department: Date: RFP 11 -082 Transit System Service & Support Services Page 117 of 117 TO: All Prospective Bidders FROM: Geri A. Sams, Procurement Director DATE: January 12, 2011 RE: RESCHEDULING OF REQUEST FOR PROPOSALS (RFP) NO. 11 -082 ADDENDUM ONE Due to the inclement weather, it is in the best interest of Augusta- Richmond County that RFP Item #11 - 082 Transit Department System Service & Support Services for the Public Transit Department is rescheduled as follows: FROM: Request for Proposals will be received at this office until Friday, January 28, 2011 @ 3:00 P.M A vehicle & facility inspection will be held on Monday, January 10, 2011 from 1:00 p.m. to 4:00 p.m. and Tuesday, January 11, 2011 from 9:00 a.m. to 1:00 p.m. at Augusta Public Transit, 1535 Fenwick Street, Augusta, GA 30904. A Mandatory Pre - Proposal Conference will be held on Tuesday, January 11, 2011 @ 2:00 p.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821 -2811 or by email to procbidandcontract (c�auqustaga.gov by Thursday, January 13, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. TO: Request for Proposals will be received at this office until Wednesday, February 9, 2011 @ 3:00 P.M A vehicle & facility inspection will be held on Tuesday, January 25, 2011 from 9:00 a.m. to 1:00 p.m. at Augusta Public Transit, 1535 Fenwick Street, Augusta, GA 30904. A Mandatory Pre - Proposal Conference will be held on Tuesday, January 25, 2011 @ 2:00 p.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821 -2811 or by email to procbidandcontract (aauqustaga.gov by Thursday, January 27, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. Please acknowledge this addendum in your submittal. END ADDENDUM 1 TO: All Bidders Phyllis Mills, Quality Assurance Analyst Heyward Johnson, Public Transit Department FROM: Geri Sams Procurement Director DATE: January 18, 2011 SUBJ: Clarifications to Specifications BID ITEM: RFP 11 -082 Transit System Service & Support Services for Augusta Public Transit Department BID DUE: Wednesday, February 9, 2010 at 3:00 p.m. ADDENDUM NO. 2 Changes shown in this document shall supersede previously dated specification documents. Acknowledge receipt of this Addendum on the Bidder's Form /Acknowledgement of Addenda form. Change in RFP Disclaimer: From: Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws Anywhere in the specifications the above mentioned disclaimer is displayed should be replaced with the new disclaimer below. To: Funding for this project may include federal funds provided by the U.S. Department of Transportation (DOT) and /or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. However, Augusta, Georgia does not have or operate a DBE, MBE, or WBE Program for projects (or portions of projects) which have Augusta, Georgia as the source of funding, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Please acknowledge addendum in your submittal END ADDENDUM Addendum 2 RFP Item #11 -082 Page 1 of 1 TO: From: To: All Bidders Phyllis Mills, Quality Assurance Analyst Heyward Johnson, Augusta Public Transit Department FROM: Geri Sams Procurement Director DATE: February 1, 2011 SUBJ: New RFP Proposal Opening Date RFP ITEM: 11 -082 Transit System Service & Support Services for Augusta Public Transit NEW RFP DATE: Friday, March 4, 2011 at 11:00 A.M. ADDENDUM NO. 3 The opening date for RFP Item #11 -082 Transit System Service & Support Services has been changed: Wednesday, February 9, 2011 @ 3:00 P.M. Friday, March 4, 2011 @ 11:00 A.M. Please acknowledge addendum in your submittal END ADDENDUM Addendum 3 RFP Item #11 -082 TO: All Bidders Phyllis Mills, Quality Assurance Analyst Heyward Johnson, Augusta Public Transit Department FROM: Geri Sams Procurement Director DATE: February 21, 2011 SUBJ: Responses to Vendor Questions RFP ITEM: 11 -082 Transit System Service & Support Services for Augusta Public Transit RFP DUE DATE: Friday, March 4, 2011 at 11:00 A.M. MCDONALD TRANSIT: ADDENDUM NO. 4 1. Will the County require the successful proposer to purchase the parts inventory or will the inventory be retained by the County? Answer: The successful proposer will be required to purchase the parts inventory. 2. Please provide workers comp and insurance loss runs. Answer: See attachment. 3. Please provide employee pay and fringe information. Answer: See exhibit 1, page 93 thru 95 for employee pay and see attached fringe information. 4. Will the Contractor have the right to renegotiate the contract after the move to the new facility since the date of the move is unknown? The deadhead costs will significantly change. Answer: The City will allow the successful proposer to submit a proposal to renegotiate the contract due to the move to the new facility. At that time, the City will decide whether or not to renegotiate or ask for new proposals. 5. Please provide the square footage of current facility and new facility. Answer: The square footage of the current facility is approximately 14,000 and the new facility is approximately 50,000. 6. Please provide details of fringe benefits programs (medical, pension, life, dental, etc.) provided to current transit system employees. Answer: See attachment. 7. Is fuel for the revenue vehicles paid for by the Contractor through its billing rates, a pass through cost to the County or some other arrangement? Is proposal of a fuel price escalator clause permissible as part of the pricing proposal (if multiyear pricing is required)? Answer: See page 33, item (J). A fuel price escalator clause is not permitted. 8. Please provide revenue hours & Miles and deadhead hours and miles by services (FR, ADA and Rural) Answer: Listed below are estimated hours and miles for 2010: Addendum 4 RFP Item #11 -082 1 1 1 1 1 The City does not keep the information requested on rural service. The total miles estimated for 2010 is 112,827 and total hours estimated is 7,541. VEOLIA TRANSPORTATION 9. Please provide the expected revenue and deadhead miles for the first contract year. Answer: Expected to be similar to estimated 2010 miles. See response sent to McDonald Transit Associates. 10. When the service is relocated to the new operating facility, will the contractor be allowed to negotiate a new price based on the substantial increase in deadhead miles and hours to and from the new facility? Answer: See response sent to McDonald Transit Associates. (Number #4) 11. Typically contracts provide for a price adjustment when service levels vary +1- 10% on a cumulative basis. Will the City agree to such a provision in this contract? Answer: The City will agree if provision is by mutual consent. 12. Please provide the current total mileage on each vehicle in the fleet with the date when the mileage was recorded. Answer: See response sent to Veolia Transportation. 13. Please provide a history of major component (engine and transmission) replacements for each vehicle in the fleet. Answer: See response sent to MV Transportation. 14. Please clarify which vehicles will be provided in the non - revenue fleet. Answer: See response sent to Veolia Transportation. 15. The RFP states that the contractor is responsible for the labor and the materials for bus stop and shelter repairs. a. Could you please indicate how much labor and materials have been spent in the last two years for this? Answer: The shelters were recently purchased from Lamar Transit Advertising. b. How many shelters are there? Answer: Approximately 84. c. What vender does the City used for these materials? Answer: Brasco. 16. Are the operators entitled to a lunch break? Answer: No. Paid or unpaid? Answer: It depends if the operator is performing a double shift. 17. How many Full Time and Part Time bus operators are there? Answer: See exhibit 1, page 93 -95. a. How long can a part timer work a shift? Answer: Varies. b. Are there any weekly limits on hours worked by a part timer? Answer: No. c. Are there any spread penalty limits, e.g. a half time penalty after a spread of 13 hours? Answer: I do not understand the question. d. Can the City provide a copy of the current driver run cut? Answer: Please explain driver run cut. 18. Please provide a detailed listing of the current fleet, including: a. Make, Model, Year Answer: See response to MV Transportation. Addendum 4 RFP Item #11 -082 Rev. Hours Rev. Miles Deadhead Hours Deadhead Miles Fixed Route 41,770 567,568 1,128 40,163 ADA 13,988 111,008 1,493 12,407 1 1 1 1 1 The City does not keep the information requested on rural service. The total miles estimated for 2010 is 112,827 and total hours estimated is 7,541. VEOLIA TRANSPORTATION 9. Please provide the expected revenue and deadhead miles for the first contract year. Answer: Expected to be similar to estimated 2010 miles. See response sent to McDonald Transit Associates. 10. When the service is relocated to the new operating facility, will the contractor be allowed to negotiate a new price based on the substantial increase in deadhead miles and hours to and from the new facility? Answer: See response sent to McDonald Transit Associates. (Number #4) 11. Typically contracts provide for a price adjustment when service levels vary +1- 10% on a cumulative basis. Will the City agree to such a provision in this contract? Answer: The City will agree if provision is by mutual consent. 12. Please provide the current total mileage on each vehicle in the fleet with the date when the mileage was recorded. Answer: See response sent to Veolia Transportation. 13. Please provide a history of major component (engine and transmission) replacements for each vehicle in the fleet. Answer: See response sent to MV Transportation. 14. Please clarify which vehicles will be provided in the non - revenue fleet. Answer: See response sent to Veolia Transportation. 15. The RFP states that the contractor is responsible for the labor and the materials for bus stop and shelter repairs. a. Could you please indicate how much labor and materials have been spent in the last two years for this? Answer: The shelters were recently purchased from Lamar Transit Advertising. b. How many shelters are there? Answer: Approximately 84. c. What vender does the City used for these materials? Answer: Brasco. 16. Are the operators entitled to a lunch break? Answer: No. Paid or unpaid? Answer: It depends if the operator is performing a double shift. 17. How many Full Time and Part Time bus operators are there? Answer: See exhibit 1, page 93 -95. a. How long can a part timer work a shift? Answer: Varies. b. Are there any weekly limits on hours worked by a part timer? Answer: No. c. Are there any spread penalty limits, e.g. a half time penalty after a spread of 13 hours? Answer: I do not understand the question. d. Can the City provide a copy of the current driver run cut? Answer: Please explain driver run cut. 18. Please provide a detailed listing of the current fleet, including: a. Make, Model, Year Answer: See response to MV Transportation. Addendum 4 RFP Item #11 -082 b. Engine manufacturer and model, life mileage, and replacement history Answer: See response to MV Transportation. c. Transmission manufacturer and model, life mileage, and replacement history Answer: All Bluebirds have B300R. All Goshens have Allison 1000/2000 Series. All Orions have B400R. d. Months in service and vehicle total life miles Answer: See response to MV Transportation. e. Current (or most recent) mileage and date of reading Answer: See response to MV Transportation. f. Tire size, load rating, and whether recaps allowed Answer: See attached. We do not use recaps. 19. Please provide detailed breakdown of any cleaning and servicing requirements a. Exterior washing Answer: Yes. b. Interior cleaning Answer: Yes. c. Interior detailing Answer: Yes. d. Waxing /Buffing /Seat shampoo Answer: No. 20. Please provide a Shop Equipment Listing. What equipment will be provided by the City? Answer: See response to Mobility Transit Services. 21. Please provide a copy of the current Firestone contract showing the tire lease rates. Answer: See attached sheet from Firestone 22. During the fleet inspection it was noted that there are four Goshens currently not running as part of the active fleet, including two for ADA service and two for fixed route service. Will these be put back in service? Answer: No. Are they to be put back in service by the Contractor will they be allowed to continue out of service? Answer: No. We are in the process of procuring replacements. 23. Regarding the vehicles for the rural service, please provide a listing of the vehicles in this fleet. Answer: See response to Mobility Transit Services. a. If the Contractor is to maintain these vehicles, please provide the same information regarding mileage, engine and transmission replacements, fluid analysis, tire lease, etc., as requested for the remainder of the revenue fleet. Answer: See response to Mobility Transit Services for mileage. There was no engine or transmission replacement in the past 12 months. Fluid analysis is not being performed. Tires are purchased as needed. b. What are the Contractor's responsibilities with regard to these vehicles, including fueling, servicing, damage repair, cleaning, etc.? Answer: Fueling is performed by the drivers using Fuelman cards issued by the City. The vehicles are serviced by contract through the City with First Vehicles Services. Damage repairs are handled through the City's Risk Management Department. Cleaning is performed by the operators. 24. Is the Contractor required to purchase the current parts inventory from the City? Answer: Yes. If so, what is the value of this inventory? Answer: Approximately $240,000. 25. Please provide the following details for the current and the new facility, including: Answer: See response to Mobility Transit Services. The current facility was shown during the walk -thru. There are no details for the new facility. Addendum 4 RFP Item #11 -082 a. Overall square footage of buildings and parking area b. Number of shop bays and whether drive - through or pull -in c. Size of bay doors d. Presence, type, and number of lifts e. Presence and number of inspection pits f. Presence and type of fluid handling system, air system, and electrical system(s). g. Presence of oil /water separator. h. Presence and type of wash facility i. Presence, size, and location of fueling facility 26. Please provide a current maintenance organization chart, listing positions, number of personnel, and length of service. Answer: See exhibit 1, page 93 thru 95, and see the response to MV Transportation. 27. If applicable, please provide a copy of any current collective bargaining agreement(s) in place for the employees. Answer: NA 28. Please explain the turnover inspection process for the fleet, and how defects noted will be handled. Answer: Please be more specific. 29. Please provide copies of the most recent engine oil and /or other fluid sampling analysis for each vehicle in the fleet. Answer: NA 30. Who provides the non - revenue /support vehicles? Answer: The City. What types are required, and how many? Answer: See response sent to Veolia Transportation. 31. Please provide, if available, a fleet replacement schedule showing anticipated replacement date for each current vehicle and what the replacement equipment is planned to be. Answer: See response to MV Transportation. There is no replacement schedule for equipment. 32. Please clarify any wage increases for each position in the last 12 months by date granted. Have any wage increases been granted for FY2011 or since 7/1/10? Answer: There have been no wage increases in the last 12 months and none granted for 2011 or since 7/1/10. 33. What is the current peak fleet requirement by vehicle type? Answer: The current peak vehicle requirement is 12. 34. Depending upon the turnaround time for responses to questions, an extension up to a week would be appreciated, if possible. Answer: An extension has already been granted. 35. The RFP (page 20) states that the fleet consists of 23 fixed route buses, 8 paratransit vans, 6 rural service vans, and a small fleet of supervisor and maintenance vehicles. But Exhibit 2 only shows 30 revenue vehicles and 5 non - revenue vehicles. Please clarify. Answer: See Attachment 36. The RFP states that the Contractor is to provide schedules and system maps, tickets, transfers, passes, paratransit applications, envelopes, and passenger guides. Do we need to use a specific vendor for these promotional items? Who has been used most recently? Please provide the dollar amounts spent on these items for the last two years so that we might price accurately. Answer: (a) No specific vendor is required. (b) (1) Systems maps were done by an outside vendor. (2) Tickets have been done by the City. (3) Transfers have been done by National ticket Co. Addendum 4 RFP Item #11 -082 (4) Passes have done by GFI. (5) Paratransit applications have been done in- house. (6) Envelopes have been done by the City. (7) Passenger guides have been done in- house. Copies of each will be made available in Attachment Augusta Public Transit received pricing for each of these items based on the fact that it's a governmental entity, a private entity may choose vendors of their liking. 37. The RFP requires that we maintain the current staffing for a minimum of 2 years. The staffing shows a Director II position at an annual salary of $77,000. On page 24 of the RFP in the Key Personnel section it appears we are also supposed to propose a GM (in fact, we are to provide two GM candidates). Is the Director II an AGM position then? Is the incumbent in the Director II position to be retained also? Answer: (a) The Director II is the Transit Director. (b) The incumbent in the Director II position will not be retained. 38. The RFP specifically speaks to a strong street supervision presence (page 35), but based on the staffing list provided in Exhibit 1, it is difficult to ascertain who currently does what. Are the Administrative Assistant III positions actually supervisors? Which positions perform the dispatch duties? Page 35 also states that a dispatcher is required to be on duty in the fixed route dispatch office at all times the buses are in service. Page 37 states the same dispatch requirement for the Paratransit service. Please clarify. Answer: (alb) The Administrative Assistants III are the actual supervisors and they also perform the dispatching duties for the fixed route system. (c) The dispatch duties for the paratransit service are not done by the Administrative Assistants III. They are done by the Special Services Manager and ADA Transport Clerk. 39. The RFP requires All Risk Fire and Extended Coverage for full replacement cost on facilities and City equipment. Will the City provide values for the facilities and City equipment so we may obtain insurance pricing? Answer: See Attachment 40. Please clarify any wage increases for each position in the last 12 months by date granted. Have any wage increases been granted for FY2011 or since 7/1/10? Answer: There is presently a salary /wage freeze for all employees. MV Transportation 41. Please confirm that the City will not provide Trapeze to the Contractor and that all bidders must propose a reservation, scheduling and dispatch software. Answer: See page 37, the first paragraph. Also, arrangements will have to be made with the City in regards to maintaining the system. 42. Please confirm the City will pay for the cost of fuel Answer: See page 33, item (J). 43. Can the City provide and estimated annual cost of the Bus Roadeo and memberships? Answer: The Transit department has not held a bus rodeo in many years but would like to start back. APT is a member of the Georgia Transit Association at a present cost of $1,527.00 per year. 44. Please indicate the number of transfer facilities that the contractor will have to staff for the sale of fare media Answer: There is only one (1) transfer facility at the present time that will need to be staffed for fare media. 45. Please indicate the number of bus stops and bus shelters the contractor will have to maintain as well as the frequency Answer: There are approximately 84 bus shelters and 700 bus stops. They are all cleaned and maintained as needed. 46. Will the city consider an extension after February 9 MV would like to request a two week extension. Answer: An extension has already been granted. Addendum 4 RFP Item #11 -082 47. Please confirm that the City will provide the phone system for the ADA service and general calling requirements, computers and the amounts, furniture. Answer: Yes. 48. Please provide estimated revenue hours for the rural service, fixed route service and paratransit service. Answer: Estimated Revenue Hours based on 2010 for: Rural Service 7,500 Fixed Route Service 42,000 Paratransit Service 14,000 49. Please provide the estimated cost of printing schedules, passes and tickets for the last two years. Answer: Examples will be provided for your examination with the responses to Veolia Transportation. Please use your own costing method because some of the items were produced in -house or by the City. 50. Please provide a current fleet list with major repairs completed on each vehicle, year, make, mileage and fuel type. Please indicate how many new vehicles will be place in service at the start of the contract, if any. Answer: We are expecting two (2) Orion 7 by August 1, 2011. responses to Veolia Transportation. All of the revenue and ADA vehicles are diesel. 51. Subject to the terms set forth in Section 4.7, Contract Duration, the initial term of this Contract shall be for five (5) years, with an effective date of July 1, 2011. The Contract may be extended for five (5) additional one -year terms at the sole option of the City. The contract extension may be exercised for only one year or for multiple years not to exceed five years. [Contradictory Language on Option Years] Additionally, the City also shall have the option to renew the Contract beyond the initial five (5) year term, as set forth below, if approval is given by the Board of Commissioners and the City and the Contractor agree to the terms thereof. Please clarify if the options years will be mutual consent. Answer: The option years will be by mutual consent. 52. At this time, there remains significant unknowns regarding the specifics of the new federal health care legislation. Please provide direction regarding whether or not the bidders should attempt to contemplate these costs in its bid or, once more information is known, will the agency be open to discussions regarding the costs associated with this new law? Answer: No. 53. Please verify that there is no Disadvantaged Business Enterprise requirement established for this contract and that a good faith effort is acceptable. Answer: Funding for this project may include federal funds provided by the U.S. Department of Transportation (DOT) and /or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and /or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. However, Augusta, Georgia does not have or operate a DBE, MBE, or WBE Program for projects (or portions of projects) which have Augusta, Georgia as the source of funding, as a Federal Court has entered an Order enjoining the Race - Based portion of Augusta's DBE Program. "ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 COURT ORDER IN THE CASE, THOMPSON WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07 -CV -019, IS VOIDABLE BY THE AUGUSTA, GOVERNMENT." 54. Please clarify who will be responsible for all licensing, permits and taxes. Can the Authority provide the current years or last year's cost associated with these licenses and taxes? Addendum 4 RFP Item #11 -082 Answer: APT is a department of City government and therefore exempt from any licensing, permits and taxes. 55. Will the Authority consider adding strikes in the Force Majeure clause of the contract to allow for this item or will the Authority clearly delineate the level of service expected of the Contractor during a strike? Answer: The level of service expected of the Contractor during a strike will be at a minimum to maintain at one (1) bus on every route and two (2) rural vans and the staff to support said service. It is understood that complimentary paratransit service will be provided. 56. Please confirm the volume of hours on which proposers should base their proposals. Please describe plans, if any, for any changes to the volume of hours in the next 12 months. Answer: Estimated revenue hours based on 2010 for: Rural Service = 7,500; Fixed Route Service = 42,000; Paratransit Service = 14,000. There are no expected changes at this time. 57. Please clarify exactly how the prices will be evaluated, i.e. will only the Year 1 price be considered or the full contract term cost? Answer: The full contract term costs will be evaluated. 58. Please provide current rates paid to existing contractor for variable and fixed costs. Also, please indicate the total amount paid to contractor for fiscal year 2009/2010. Answer: There is no existing contractor. 59. How many years has the existing contractor held this contract? Does this include any extensions? If so, how many extensions and length of each extension? Answer: There is no existing contractor. 60. Please provide copies of the last three months of management reports from the Contractor for this contract. Answer: There is no existing contractor. 61. Please provide copies of the last three months of invoices from the Contractor for this contract. Answer: There is no existing contractor. 62. Please provide a copy of the current contract for each Contractor for these services. Answer: There is no existing contractor. 63. Does 5333(b) of Title 49, regarding Transit Labor Protection (formerly Section 13(c) applies to this contract? Answer: Provided that Augusta, Georgia receives the kind of financial assistance contemplated by this regulation, the requirements of the regulation do appear to be applicable and bidders should anticipate that this contract will need to be certified by the Department of Labor to ensure that employee protective arrangements will be met as determined by the Department of Labor Further inquiries as to the specific effect of this regulation should be addressed to the Department of Labor. 64. Please provide a current organizational chart or listing of positions that is being provided for this contract by the current contractor. Please indicate the percent that these positions are dedicated to this contract. Answer: See attachment. 65. We intend to hire as many of the existing employees as possible. In order for us to ensure that they make at least as much, or more than they do now, please provide a seniority list for the current employees for this contract, and indicate position, full time or part time, length of service, and current rate of pay. Answer: See attachment. 66. Are the current drivers /employees part of a labor union? If yes, for which service, and please provide contact name and number for the union representative. Addendum 4 RFP Item #11 -082 Answer: No. 67. If the drivers /employees are part of a labor union, please provide a current copy of the collective bargaining agreement. Answer: N /A. 68. Please provide information regarding the current rates /benefits of the current employees. Please include specific regarding co -pays, dependant coverage and amount of premium paid by employer. Answer: See response to McDonald Transit Associates. 69. Has service experienced problems due to driver shortages? If so, please explain. Answer: No. 70. Please clarify the current background check process completed for employees under this contract, as well as if this process has been audited recently? Answer: Presently, the City utilizes the Sheriff's Office and MUR's to perform background checks on employees. 71. Is there a living wage ordinance in effect for Augusta, that all bidders should factor for in their pricing? Answer: No. 72. Please provide the revenue service hour definition for each of the different services contemplated in the RFP. Answer: See #5. 73. For the purposes of insurance and wage costing, please provide the current revenue miles and revenue hours; current total miles and total hours; and current deadhead miles and deadhead hours for the provision of these services. For Fixed Route services, can the Authority please provide that information by route? Answer: See 2009 NTD. We do not keep the fixed route service info you requested by route. 74. Please provide a copy of the current pull out times and return to yard times for each of the routes. Answer: See attached. 75. Please clarify the operating hours for each of the services by day of week. Answer: See 2009 NTD for fixed route and paratransit services. Rural transit service operates from 6:00 a.m. - 6:00 p.m. Monday through Friday. 76. Please clarify if billable time continues past scheduled hours on the last trip due to exterior factors (traffic, weather delays, etc.) beyond the control of the contractor, or if the scheduled hours remain the sole billable time. Answer: Billable time will be able to cont9inue past schedule hours on the last trip due to exterior factors, if the City is notified within 12 hours of delay and the delay is verified. The City would also expect a decrease of billable hours due to closings due to exterior factors such as inclement weather, etc. 77. Please clarify the amount of vehicles used in revenue service by day of week and the maximum amount of vehicles used at peak service time for each of the services described in the RFP. Answer: The maximum peak service vehicles is as follows as of 12/31/2010: Fixed Route Service = 12 weekday, 9 Saturday; Paratransit Service = 6 weekday, 3 Saturday; Rural Service = 5 weekday, 0 Saturday. 78. Please describe the City's desired fare procedures to include reporting, collection and accounting. Answer: See attached. 79. What are the performance standards and /or any other aspects of performance which will be used for measuring the Contractor's performance under the new contract? Answer: See pages 69 -79. 80. Please explain what is the current level of productivity for each of the services provided. Answer: NA, Please explain further. Addendum 4 RFP Item #11 -082 81. Please supply any information about current incentive programs for the employees. Answer: There are no incentive programs for employees at present. The City gives service pins in five -year increments. 82. Please explain the current daily call volume, broken down by weekday, Saturday and Sunday if possible. Answer: APT does not record the volume of calls. 83. Please specify the number of telephone lines required and specify the kind of data lines (T -1, TDD, dial -up, etc.) required, if any. Answer: The present telephone system will be used. 84. Please advise if the Authority currently has any liquidated damages associated with this contract. If applicable, please provide details and amounts of all liquidated damages assessed to the current contractor in the last twelve months. Answer: No. N /A. 85. Please provide a history of liquidated damages charged in the past 12 months, and please clarify if the liquidated damages for this new RFP differ from the current contract. Answer: N /A. 86. Please provide information regarding the analysis conducted to determine the amount of the liquidated damages identified in the RFP. Please clarify the relation to the amounts cited with the actual damages incurred by the agency relative to the performance deficiencies noted. Answer: There was no analyses conducted. 87. What type and number of support vehicles are currently being provided? Answer: See attached vehicle inventory list. 88. How many vehicles will be made available to an incoming contractor to perform training during the start-up period? Answer: At least one (1). 89. Will the Authority or the contractor be responsible for providing fuel? If a Authority responsibility, where will the fuel be obtained? Answer: See page 33, item (J). 90. If the Contractor will be held responsible, given recent volatility of fuel costs, will the Authority include a fuel escalator clause in the contract? Answer: The City will consider a fuel escalator clause in the contract with the successful vendor. Donna? 91. Please provide information on the Authority provided fleet to include engine type, fuel type, current odometer readings, average miles per year and the service type the vehicle is most used for. Please advise if the contractor must provide fareboxes, radios, or any other item on the vehicle for service. Answer: See attached. All of APT's revenue vehicles use diesel fuel. APT has the following engine types: ISC = 8; ISB = 8; 6.0 = 4; 7.3 = 1; ISL = 3; Duramax = 6. The City will provide the items on the buses. 92. Please clarify if the Contractor responsible for engine and transmission overhauls for the revenue fleet? Answer: The contractor will be responsible for overhauls for the revenue fleet. 93. Please provide the last 12 months of history for major component replacement and repair for the (CLIENT) provided fleet for this contract. Answer: 204 and 2004 Transmission - 201, 2001, 5004 Engine. 94. Do any of the Authority provided buses have remaining or extended warranty on any of the components? Answer: Yes. Bus #1001, 1002, 1003, and Paratransit Vans #9001, 9002, 9003, 9004, 9005. Addendum 4 RFP Item #11 -082 95. What is the Authority's current life miles goals for each of the revenue vehicles. Does the Authority have a vehicle replacement plan in place. If so, please describe the planned replacement of any revenue vehicles during the proposed contract term. Answer: See Attached. 96. At this time what are the three biggest challenges the Authority and the (SYSTEM) face, and how have these inhibited the Authority from achieving their goals? Answer: Funding has prevented Augusta Public Transit from expanding service. 97. In the next ten years, what are the three most important things the Authority wants to accomplish /change with the proposed (services)? Answer: 1. Reduce cost. 2. Acquire dedicated funding. 3. Expand service. Mobility 98. The RFP indicates that we should use the last three years' FY NTD data to determine Revenue Hours and Miles. However, these figures are inconsistent from year to year. In order for all bidders to provide pricing based on the same service levels, can Augusta please specifically state the annual revenue hours and miles they would like us to use for: - Fixed Route - Paratransit - Rural Service Answer: See response to McDonald Transit Associates. 99. In reference to #1 above, can Augusta please also provide annual deadhead hours and miles? If provided as a percentage, please indicate if it is a percentage of the total hours /miles or a percentage of the revenue hours /miles. Answer: See response to McDonald Transit Associates 100. Could Augusta please provide (in Excel) a week's worth of manifest data from Trapeze? Answer: See attached. 101. Can Augusta please provide the City's current fiscal year operating budget, disaggregated by Fixed Route, Paratransit, ADA Certification, and Rural Service? Answer: See attached. There is no ADA certification being performed at this time. 102. Are any of the current APT employees represented by a Labor Union? Answer: No. 103. Is Augusta's intent for bidders to submit year -one pricing only, with price adjustments negotiated annually? Adjustments could be tied to a CPI index and allow for service changes. Answer: See attached. How are option years to be priced? Augusta may consider the option years being established based on CPI and /or minor changes in scope, and re- negotiated at the end of the first five years. This will help the City avoid any long term "price guessing" by bidders. Answer: See response to MV Transportation. 104. The RFP indicates that there are 23 Fixed Route Vehicles, 8 Paratransit Vans, and 6 Rural Service Vans. The provided fleet listing shows 22 Augusta- Richmond Public Transit vehicles, 8 ADA vehicles, 5 Non - Revenue vehicles, and no Rural Service Vans. Can Augusta please clarify? Answer: See response to Veolia Transportation. See attached for Rural. 105. Could Augusta please provide lifetime mileages for each vehicle listed on the fleet listing? Please also provide this for the six rural vehicles that appear unlisted. Answer: See response to Veolia Transportation. See attached for Rural. 106. Could Augusta please provide annual mileages (preceding 12 months) for each vehicle listed on the fleet listing? Please also provide this for the six rural vehicles that appear unlisted. Answer: See response to Veolia Transportation. See attached for Rural. Addendum 4 RFP Item #11 -082 107. When were the 2009 Goshens (ADA) placed in service? Answer: December 1, 2009. 108. For the revenue vehicles, could you please provide the vehicle mileage operated since any major component replacement/rebuild (AC Compressor, Transmission, Engine)? Answer: Not available. 109. Can Augusta please provide a Fixed Asset listing that includes original cost and depreciated value? This would include revenue and non - revenue vehicles, shop equipment, buildings, etc. Answer: See response to Veolia Transportation. 110. Regarding the question above - The question was raised at the pre -bid meeting as to the provision of equipment. We were advised that, with the exception of mechanics' tools, the equipment would be provided by APT. Per the RFP, the contractor shall "Provide equipment, parts and supplies required in the operation of APT unless specifically identified to be contributed by the City." Can the City please provide a current equipment listing and clarify its intention? Answer: Tools and equipment presently used now and in the future will be purchased by the City. 111. For those items provided by the city, will the city also provide replacements if /when they fail? Answer: Yes. 112. Could Augusta please provide the square footage of the Administrative and Maintenance Facility and the Transfer Center? Answer: Administrative = 4,400; Maintenance Facility = 14,000; Transfer Center = 4,400. 113. Could Augusta please provide the annual utilities cost for the current transit facilities in use? Answer: See attached. 114. Can Augusta please provide the annual facility maintenance cost for the last two years? Answer: See attached. 115. What is the anticipated DBE % Goal that may be applied under federal or state requirements for this contract? Or, will there be a LSBOP goal established? Answer: 1.5% 116. Can Augusta please provide a current list of Small Business /DBE providers to the Augusta transit authority? Answer: APT uses GDOT and MARTA list of DBE providers. 117. Some of the required forms, including the Bid Bond and Local Small Business Opportunity Program, require the contractor to display its total contract cost. It is our understanding that the total contract cost should only be referenced in a separate, sealed envelope. Should these forms omit the total contract cost? For example, the Local Small Business form could only list the LSB Utilization %, and the bid bond form could be a copy without specific amounts - the full form could be included along w/ the price proposal. What is Augusta's preference? Answer: A bid bond is required to be at least ten (10 %) of your proposed amount. That will not require total disclosure of your contract cost. The bid bond is required to be in a separate sealed envelope as well. Any information required for the Local Small Business necessary for submission of your initial proposals. Cost proposals are to be submitted in a separate sealed envelope per the specifications. Attachment 6 is to be submitted in a sealed envelope. No required forms should reflect your cost. 118. Section 0 (pg. 45) states that we hire everyone on the current staff listing. Does this apply to all six key administrative positions listed on the listing? Or, will those six positions be who we report to as our client? Answer: It applies to everyone except the present Transit Director. Addendum 4 RFP Item #11 -082 119. Could you please provide the job function of the "Administrative Assistant III" position? Are these the Road Supervisors /Dispatchers? If not, please indicate which positions represent Supervision /Dispatch? Answer: See response to Veolia Transportation. 120. Can you please identify the job functions of the "Laborers" on the staff listing? Answer: Two of them work as Hostlers and the other performs duties such as general labor and facility maintenance. 121. Can Augusta please provide the current benefits schedule, including sick days, paid time off, and any legal requirements that may come with the hiring of the City employees. Answer: See response to Veolia Transportation. 122. Please confirm the Driver II's pay rate per hour is $10.69. Answer: Yes, that is the starting pay. 123. Do employee rate increases occur at a fixed, annual date? Or, do they occur based on their hire /seniority date? Answer: Rate increases occur based on promotion if applicable or COL if approved by the City. 124. Can Augusta please provide overtime percentages, by staff class, for the last three years? Answer: See attached. 125. Can Augusta please provide the Paid - Time -Off (PTO) usage rate of drivers for the last three years? Answer: See attached 126. Can Augusta please provide information on the FMLA usage for last three years? Answer: Please be more specific to the information you are looking for. 127. Can Augusta please provide a medical benefit contribution (City contribution and employee contribution) schedule identifying contribution amount for: Individual Individual + Spouse Individual + Family Answer: See response to McDonald Transit Associates. 128. What is the average number of ADA applications reviewed and processed per month? Answer: Ten (10). 129. Because the contractor will transition to a new facility, deadhead mileage and hours may be significantly affected. We recommend an equitable adjustment for deadhead costs once the new facility is operational. This way, every contractor is providing fixed cost pricing for the same level of deadhead to /from the current facility. This will prevent bidders from guessing when the change will occur and what their new deadhead rates will be, resulting in better consistency of price proposals for the City of Augusta. Answers: See response to McDonald Transit Associates. 130. Please provide currently valued claims /loss detail for the previous 5 years for Auto Liability, Auto Physical Damage and Workers Compensation Coverages. It should contain paid and incurred /reserved losses for each line of coverage by year. Answer: See response to McDonald Transit Associates. 131. Given the short timeframe to review answers to questions, we respectfully request that all future addendums are sent via email (in addition to postal service) to those who attended the pre -bid meeting. This way, we can immediately consider responses and ask follow up questions, eliminating some time -lag. Answer: An extension has been given. Please acknowledge addendum in your submittal END ADDENDUM Addendum 4 RFP Item #11 -082 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT MOBILITY TRANSIT SERVICES, LLC 1800 Hickory Glen Road, Knoxville, TN 37932 (hereinafter called Principal), as Principal, and Argonaut Insurance Company a corporation organized and existing under the laws of the State of IL with its principal office in the City of San Antonio TX , (hereinafter called Surety), as Surety, are held and firmly bound unto AUGUSTA, GEORGIA, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA 530 Greene St, Augusta, GA 30901 (hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of One Million Three Hundred Thousand Four Hundred Forty Four Dollars and 00 /100 Dollars ($1,300,444.00 ) (' to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ' 1st day of August , 2011 for AUGUSTA PUBLIC TRANSIT RFP# 11 -082 TRANSIT SYSTEM SERVICE AND SUPPORT. ANNUAL RENEWAL which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCK that if the said Principal shall fully indemnify the Owner from and against any failure on his /her part faithfully to perform the obligations imposed upon him /her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal t shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his /her own name and for his /her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument ' unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance period provided in the contract for which said surety is liable, an action for maintenance may be brought ' within two years from the expiration of the maintenance period, but not afterwards. . IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this 1st day of August , 2011 ' Witness Argonaut Insu .I ;,�f:any 4L. Witness I Sue J Hill I 2002 MOBILITY TRANSIT SERVICES, LLC B y /de t ‘10 w" Bond Number SUR0015503 Argonaut Insurance Company (SEAL) Principal By =�� Vi � _ (SEAL) Jer , Attorney -In -Fact Surety POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Richard C. Rose, Jeremy C. Rose, Janice H. Fennell its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of. $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 15th day of September, 2008. Argonaut Insurance Company STATE OF TEXAS COUNTY OF BEXAR SS: Argonaut Insurance Company 225 W. Washington, 6th Floor Chicago, IL 60606 By BECKY JIMENEZ - Notary Public. State et Texas My Commission Expires becember 30, 2011 Michael E. Arledge President On this 15th day of September, 2008 A.D., before me, a Notary Public of the State of Texas, in and for the County of Bexar, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Bexar, the day and year first above written. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 1 day of AUGUST (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. >2011 Robert F. Thomas Vice President AS 0028265 THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH BLUE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. EQUAL EMPLOYMENT OPPORTUNITY SUBMISSION AUGUSTA GEORGIA PUBLIC TRANSIT DEPARTMENT AUGUSTA GEORGIA COUNTY COMMISSION AUGUSTA, GEORGIA October 2011— October 2014 Contact Information: Jacqueline Humphrey Equal Employment Opportunity (EEO) Director Augusta, Georgia Office: (706)826 -4789 j humphrey(aaugustaga. gov Augusta Georgia's Equal Employment Opportunity (EEO) Office AUGUSTA GEORGIA PUBLIC TRANSIT DEPARTMENT AUGUSTA, GEORGIA October 2011 — October 2014 eline Humphr EO Director Deke S. C enhaver Mayor of Augusta Georgia , 024 Date Submitted Overview Augusta Public Transit Statement of EEO Policy A. EEO Policy B. Dissemination 1. Internal 2. External Table of Contents C. Designation of Personnel Responsibility D. Utilization Analysis 1. Appendix A Demographics of Augusta Public Transit Services Area 2. Appendix B Workforce Availability E. Goals and Timetables F. Assessment of Employment Practices to Identify Causes of Underutilization: Affirmative Action to Remedy Problems Areas 1. Recruitment and Employment Selection Procedures 2. Seniority Practices and Provisions 3. Procedures and Practices Regarding Wages, Salary Levels 4. Disciplinary Procedures: Discharge and Termination 5. Accessibility of Employment Opportunities to Minorities and Women 6. Analysis of Recent Employment Changes G. Augusta Public Transit EEO Monitoring and Reporting System 1. Periodic Updates of EEO and Affirmative Action Employment Information/ Review of EEO and Affirmative Action Goals 2. Monitoring of Sub - Contractors H. Augusta Public Transit Department EEO /Title VI and VII Complaint Process UMTA C 4701.1 CHAPTER III Overview AUGUSTA GEORGIA PUBLIC TRANSIT DEPARTMENT EQUAL EMPLOYMENT OPPORTUNITY PROGRAM COMPONENTS AUGUSTA GEORGIA COUNTY COMMISSION AUGUSTA, GEORGIA The Augusta Public Transit is a department of the Augusta- Richmond County consolidated government. Although the Transit Department has long employed more than 50 persons, it only met the second threshold requirement for compliance, as outlined in the U. S. Department of Transportation's Urban Mass Transportation Administration (UMTA) Circular (cir) 4704.1 (Equal Employment Opportunity Program Guidelines for Grant Recipients), with the approval of Federal Transportation Administration (FTA) Grant GA -90 -X300 in June . At that time, the department obtained a grant containing an excess of $3,000,000 (3.8) in FTA operating monies and capital assistance. As a result of meeting this monetary threshold, the Augusta Public Transit Department must now comply with certain requirements. This submission has been prepared to provide an overview of the Augusta Public Transit Department's compliance with Chapter III, FTA, cir 4704.1. The Augusta Public Transit department has undergone a major change in the operation of their program, as of August 1, 2011. The Augusta Public Transit is currently operated by a sub contractor, MOBILITY Transit Services LLC. The Augusta Public Transit is responsible for oversight and compliance of this sub contractor on all FTA regulatory guidelines to ensure compliance. Augusta Public Transit Statement of EEO Policy The Augusta Transit Department provides equal employment opportunity to all qualified employees and applicants for employment and does not discriminate on any basis prohibited by law, including race, color, creed, national origin, sex, age or disability (the fore mentioned categories are considered to be protected classes). Therefore, it is the policy of the department not to tolerate illegal discrimination. Employment decisions for the Transit Department are based only on job - related criteria and the ability to perform the essential functions of a job. All personnel actions or programs that affect qualified individuals, such as employment, upgrading, demotion or transfer, recruitment, advertising, termination, rate of pay, other forms of compensation and selection for training, are made in a manner that does not illegally discriminate against individuals. EQUAL EMPLOYMENT OPPORTUNITY OFFICE CO Mayor Deke Copenhaver EEO Policy Statement Jacqueline Humphrey Director 1. The Augusta Public Transit Department is committed to providing equal employment opportunities for people with disabilities. In keeping with our commitment to the inclusion of people with disabilities, the Augusta Public Transit Department makes reasonable accommodations impose an undue hardship on the department. 2. In addition, the Augusta Public Transit Department is committed to administering an ongoing Equal Employment Plan (EEO) in order to overcome the effects of past discrimination on minorities and women. The responsibility for implementing the Augusta Public Transit EEO Program is assigned to the Augusta Georgia Equal Opportunity (EEO) Director. Data in relation to the demographics collected and reviewed on an annual basis and as needed throughout the year (see Appendix A). 3. The EEO Director and Mobility's Transit General Manager share and will be responsible for ensuring EEO compliance. 4. The Mobility Transit managers will be assigned specific tasks to assure that compliance is achieved. 5. Any Mobility Transit applicant or employees who believe that they have been discriminated against on the basis of their race, color, creed, national origin, sex, age or disability has the right to file a complaint through the use of the Augusta Georgia's EEO Compliant Process (see Appendix B). A complaining party may file a formal written discrimination claim with Jacqueline Humphrey, the Augusta Georgia EEO Director. The contact information for the EEO Office is: 501 Greene Street, Suite 314, Augusta, Georgia, 30901, Phone: 706 - 826 -4789 or E -mail: jhumphrey( augustaga.gov. Retaliation against a complaining individual is strictly prohibited. 6. All Mobility Transit managers, supervisors and employees are evaluated on the success of the EEO program with equal weight being given to their evaluation on the performance of other Augusta Georgia EEOP goals in accordance with UTMA C4704.1 7. Through the successful achievement of established EEO goals, a fuller utilization and development of previously underutilized human resources will be obtained by the Augusta Georgia EEO Office in accordance with UTMA C4704.1 f Date Equal Employment Opportunity Office 501 Greene Street — Suite 314 - Augusta, GA 30901 (706) 826-4789 — Fax (706) 823 -4395 W W W.AUGUSTAGA. GOV B. Dissemination Several formal communication mechanisms are used to disseminate the Augusta Georgia EEO Policy and programs to MOBILITY Transit Service, LLC employees and the general public. A written Augusta Public Transit Policy of Affirmative Action Letter is dissimilated throughout the organizational structure and in the general public sector (See Appendix C). Other forms of dissemination of this policy include the following internal and external processes: Internally: • The EEO Director sends out a written EEO - related communications to both the employees and the managers. • The EEO Policies and Procedures Handbook. This section includes references to the current EEO Policy and the right of employees and applicants to file grievances based on alleged discrimination. • The MOBILITY Transit Service Director will initiate and arrange semi- annual meetings with the EEO Director and the MOBILITY Transit Service Managers to discuss the implementation of the EEO Program. • Included are non - discrimination clauses in all contractual provisions and agreements. • All non - supervisory staff is informed of the EEO Policy by posters which are posted in the employee break room areas. • The Augusta Georgia EEO Director arranges semi -annual meetings with all staff members to discuss EEO Policy and guidelines. • The EEO Office provides ongoing training sessions for employees in the MOBILITY Transit Service, LLC. • All new -hire employees are required to attend an orientation program at which the EEO handbook is reviewed. The review includes the Equal Employment Opportunity and Non - Discrimination section of the manual. Externally: • Augusta Georgia/MOBILITY Transit Service, LLC provides in all notices of job opportunities, that MOBILITY Transit Service, LLC is an Equal Employment Opportunity employer and does not discriminate in its hiring practices. • Recruitment efforts and vacancy postings are located on the MOBILITY Transit Service, LLC Transit Service website. Included in every announcement is the statement of the policy that MOBILITY Transit MOBILITY Transit Service, LLC is an Equal Employment Opportunity employer. C. Designation of Personnel Responsibility The Equal Employment Opportunity Director reports directly to the Mayor and Commission of Augusta Georgia IAW FTA Cir 4704.1. Among other work responsibilities, the EEO Office implements policies that will ensure equal employment opportunities in the hiring and promotion process and recommending changes in the employment process to the Mayor and Commission. The EEO Director and MOBILITY's Transit Services, LLC General Manager works in partnership with the MOBILITY Transit Service, LLC to manage the Augusta Public Transits EEO Plan. In addition, EEO Policy prohibits employees and applicants from being subject to harassment, intimidation, treats, coercion, or discrimination because they have engaged in, or may have engaged in , EEO - related activities such as filing a complaint, assisting or participating in an investigation, compliance review or hearing. Employees are also protected from opposing any act or participate of discrimination. The Augusta Georgia EEO Office has the overall responsibility for implementing the Transit department's EEO Policy and IAW FTA Cir. 4704.1. The Augusta Georgia Commission and the Mayor have given the EEO Director, the primary management responsibility for ensuring that the Augusta Public Transit/ MOBILITY Transit Service, LLC is in full compliance with equal employment opportunity mandates and goals in accordance with FTA Cir 4704.1 D. Utilization Analysis The following includes a Utilization Analysis of minorities and women included in MOBILITY Transit Service, LLC by job titles as well as minority and female availability analysis. Tables have been complied with this report to determine whether there exist conditions within Augusta Public Transit which reflect an underutilization of minorities or females. Underutilization exists when there are fewer minorities and/or women in a particular job category or department than would reasonably be expected based on their presence in the labor force. To make this analysis, the following factors have been considered: 1. A "Work Force Analysis" has been completed for Augusta Public Transit/MOBILITY Transit Services, LLC and is displayed on Appendix A. For each job category, the analysis includes the rates of pay for each job category, as well as a breakdown of the total number of employees by gender and by race group. Descriptions for all job positions employed by Augusta Public Transit are available in the Human Resources Department. 2 An "Availability Analysis" has been completed for Augusta Public Transit/ MOBILITY Transit Service, LLC and is shown on Appendix B. For each job category, the analysis compares the percentage of available labor force within Augusta- Richmond County against Augusta Public Transit/ MOBILITY Transit Service, LLC existing personnel by job category, by gender and by race. 3. Underutilization is determined by comparing the available total number of minorities in the job group with Augusta Public Transit existing total incumbents. Augusta Public Transit/MOBILITY Transit Service, LLC is committed to identifying any underutilization and if such is found all measures to correct the issue will be implemented. The goals that will be established will be meaningful, measurable and realistic. They will be attainable and flexible targets, not quotas, which are prohibited by law. Goals may be revised to accommodate changes that impact Augusta Public Transit/ MOBILITY Transit Service, LLC workforce. E. Goals and Timetables 1. To establish and maintain employment level goals pursuant to joint Federal Equal Employment Opportunity Commission, U. S. Department of Justice, Georgia Department of Labor, Office of Federal Contract Compliance and U. S. Census Bureau, for racial minorities and women. 2. To distribute minority and female employment proportionately throughout job classes in service with Augusta Public Transit/MOBILITY Transit Service, LLC. 3. To make continuous effort to eliminate artificial barriers to employment and to prevent occurrence of arbitrary discrimination practices relating to employment or access to promotion with in this agency. 4. To provide an atmosphere of acceptance and understanding in which differences of race, gender, creed, religion, color, national origin, age or sexual orientation contribute to, rather that distract from effective job relations. 5. To eliminate physical barriers and constraints in both facilities and job composition which work against employment of the disabled? F. Assessment of Employment Practices to Identify Causes of Underutilization: Affirmative Action to Remedy Problems areas 1. Recruitment and Employment Selection Procedures Augusta Public Transit recruitment methods are focused upon drawing candidates from the largest available source of candidates possible. Job listings outside of the agency are posted with a variety of sources including the Georgia Department of Labor, Monster and Yahoo website, Augusta Staffing Job Agency and the Augusta Chronicle newspaper, that provide job openings in the government/public sector exclusively and web -based employment posting boards. Included in every job announcements, is the statement of the policy the Augusta Public Transit is an EEO employer. 2. Seniority Practices and Provisions Augusta Transit currently does not have a seniority practices or provisions in place. Open positions are posted for all Augusta Transit employees to see and to apply. Any interested candidate who applies for a position is interviewed and provided the same opportunity to prove their capabilities of being the best candidate for the open position. Augusta Public Transit is currently in its second year of its Leadership Readiness Program in which employees genuinely seeking promotion and career development may join this program to gain experience through exercises designed to improve their leadership skills. This program is open to all employees. Augusta Public Transit's promotion practices are conducted following the guidelines spelled out in the Augusta Georgia's Personnel Policy and Procedure Manual, stating that the Augusta Public Transit will not unlawfully discriminate on the basis of race, color, creed, religion, gender, veteran status, national origin, ancestry, citizenship, age, physical disability, mental disability, medical condition or sexual orientation. 3. Procedures and Practices Regarding Wages, Salary Levels Information regarding the distribution of wages and salary levels is spelled out in the Augusta Georgia's Personnel Policy and Procedure Manual's compensation chapter. For further information regarding the established salary and wages practices of the Augusta Public Transit, please see the Augusta Compensation Plan, Augusta Richmond County Commission meeting (March 2011). 4. Disciplinary Procedures: Discharge; and Termination The Augusta Public Transit disciplinary process and procedures are outlined in the Augusta Georgia's Personnel Policy and Procedure manual associated with employee discipline, termination and the rules of conduct expected from all employees in the workplace setting. No disciplinary or termination decision should be on the basis of race, color, creed, religion, gender, national origin, age, or disability. 5. Accessibility of Employment Opportunities to Minorities and Women Augusta Public Transit is an Equal Opportunity employer. Job announcements for available positions are posted on www.augustaga.gov, and the Georgia Department of Labor website. 6. Analysis of Recent Employment Changes Appendix C (Augusta Public Transit, TBA) presents employment changes undergone over the past year (2011) to show the number of applicants for new employment, promotion or transfer who are from either minority or female. Additionally, individuals who during the same annual period who were subject to involuntary termination, are also presented in an effort to determine whether an unacceptable pattern of new hires, promotions or terminations exist within the Augusta Public Transit. As Appendix C demonstrates, approximately half of the applications received for either employment or promotion were from women applicants and a majority of applicants for employment or promotion were from a minority group. Of the few individuals whose service to the Augusta Public Transit was terminated during 2010 there is no demonstrative racial or gender -based bias supporting such choices and in each case of termination, documentation exists as to the Augusta Public Transit's reasons for releasing such employees of their service to Augusta Public Transit. In reviewing the results on Appendix C, the pattern of new hire applicants, promotion and termination is not a reflection of the race or gender of the individual. This information is reflected of the Augusta Public Transit prior to privatization to MOBILITY Transit Services, LLC effective August, 2011. As a sub - recipient, MOBILITY Transit Services General Manger understands and will be responsible for compliance to the regulatory guidelines as it relates to FTA Cir 4704.1. Attached is a copy of MOBILITY's Transit Services, LLC EEOP. G. Augusta Public Transit EEO Monitoring and Reporting Systems The MOBILITY Transit Service, LLC has developed an internal and workable monitoring and reporting system which measures the effectiveness of its EEO Policies in accordance with FTA Cir 4704.1. 1. Quarterly updates of EEO Information/Review of goals will be provided to the Augusta Georgia EEO. MOBILITY Transit Service, LLC views the activities that are listed below as critical to the success of Equal Employment Opportunities Programs within the Augusta Transit Department/ MOBILITY Transit Service, LLC. • The Augusta Georgia EEO Office and MOBILITY Transit Service, LLC will continue to monitor records of applicants flow, referrals, placements, rejected offers, training, transfers, promotions, terminations and any layoffs or recalls to ensure that Augusta Public Transit/ MOBILITY Transit Service, LLC non- discriminatory policy is carried out. MOBILITY Transit Service, LLC EEO Policies and Procedures will be reviewed and revised in accordance with FTA Cir 4704.1. • The MOBILITY Transit Service, LLC General Manager and the EEO Director will inform each other of any EEO - related problems that arise in their respective areas so that immediate and appropriate steps can be taken to resolve any issues. • The Augusta Public Transit/ MOBILITY Transit Service, LLC recognizes its responsibility to affirmative action and is committed to fulfilling this responsibility by complying with all government regulations and laws pertaining to equal employment opportunity. As part of this commitment management will be kept abreast of developments in the affirmative action area. The primary vehicle for communication with management will be through quarterly reporting. • The Augusta Georgia EEO Office will generate internal reports for the Augusta Public Transit/ MOBILITY Transit Service, LLC annually and on a regular basis throughout the year to evaluate the degree to which the Augusta Georgia EEO /Affirmative Action objectives are being obtained. • Progress on the Augusta Public Transit/ MOBILITY Transit Service, LLC Affirmative Action Plan will be discussed at supervisors meetings, and relevant information will be communicated to the MOBILITY Transit Service, LLC employees during regular departmental meetings as appropriate. • The EEO Director will periodically report information in relation to the Augusta Public Transit/ MOBILITY Transit Service, LLC EEO Plan and progress to the Mayor and the Augusta Georgia Commission through the quarterly statistical data report. The Augusta Georgia EEO Office will oversee the effectiveness of the Augusta Public Transit/ MOBILITY Transit Service, LLC EEO Plan and submit annual recommendations for improvements to the Augusta Public Transit/ MOBILITY Transit Service, LLC. The Augusta Public Transit/ MOBILITY Transit Service, LLC EEO plan will be examined every three years in accordance with FTA Cir 4704.1. 2. Monitoring of Sub - Contractor. Augusta Public Transit will require each of its sub - contracting providers to prepare and share their prospective EEO Plans. The sub - contractor EEO plans are designed to be effective for approximately the same period as Augusta Public Transit EEO Plan, every three years in accordance with FTA Cir 4704.1. Thus, at the time that Augusta Public Transit will revise /update its own EEO Plan and analysis, it will require similar updates from each to its sub - contractors. • The separate sub - contractor EEO plans will be provided to FTA office via email as attachments to the. EQUAL EMPLOYMENT OPPORTUNITY OFFICE G E ' O R G 1 A Jacqueline Humphrey Director Augusta Georgia Public Transit Department EEO Title VII Complaint Process It is the policy of the Augusta Georgia Public Transit Department to protect each individual's civil rights. The department is committed to equal opportunity and equity. Therefore, the Transit Department complies with the provisions of Title VII, of the Civil Rights Act of 1964. These mandates state that no person, on the grounds of race, color, creed, national origin, sex, age or disability, may be excluded from, be denied the benefits of, or be subjected to discrimination. The Augusta Georgia Public Transit Department is committed to enforcing civil rights provisions and protecting the rights and opportunities of all persons, employees and other associated with the department of affected by its programs. Therefore, the department will take positive and realistic action steps to ensure that all persons and /or firms wishing to participate in the department's program are given and equal and equitable chance to participate and /or receive benefits at each phase of programming. Any person(s) or firm(s) who feels that they have been discriminated against based on race, color, creed, national origin, sex, age or disability, is encouraged to report such violations to the Augusta Georgia Public Transit Department/ MOBILITY Transit Service, LLC General Manager and the EEO Office. Individuals who are having Title VII grievances may first speak to the Mobility General Manager on an informal basis to receive information and advertisement in relation to their specific situation without filing a formal grievance. The Augusta Public Transit/ MOBILITY Transit Service, LLC General Manager can be contacted at the following address: Augusta Georgia Public Transit/ MOBILITY Transit Service, LLC 1535 Fenwick Street Augusta, Georgia 30904 Phone: 706 - 821 -1721 If the complaining individual does not feel that their concerns have been resolved at the level of the Augusta Public Transit Director, then they may file a formal written discrimination complaint with the Augusta Georgia Equal Employment Opportunity (EEO) Office within 180 -days from the date of the last alleged discriminatory act. The complainant is required to provide sufficient information to substantiate discriminatory allegations. Individuals may withdraw a formal grievance and decide to seek mediation or an informal resolution at any point in the process. The EEO Director (Jacqueline Humphrey) can be contacted at the following address: Augusta Georgia Equal Employment Opportunity Office 501 Greene Street, Suite #314 Augusta, Georgia 30901 Phone: 706 - 826 -4789 Equal Employment Opportunity Office 501 Greene Street — Suite 314 - Augusta, GA 30901 (706) 826 -4789 — Fax (706) 823 -4395 W W W.AUGUSTAGA.GOV All managers, employees, venders and contractors connected to Augusta Georgia are required: • To fully cooperate in the investigation process; • Not to withhold any information (written, e- mailed, or oral) connected to an investigation; • To make themselves available for questioning within 5 working days of a request for a meeting from the EEO Office; • To provide truthful statements to the internal investigator; The charge party will be issued a letter of findings and recommendations within 30 working days after filing a complaint. Prohibition against Retaliation in Relation Complaints, other employees, management, participants, and witnesses are protected against any form of organizational, administrative or management retaliation due to /or in any part based on participation in a complaint, inquiry, mediation and /or investigation. No one may not fire, demote, harass or otherwise "retaliate" against an individual for filing a discrimination charge. If individuals believe they are being subjected to retaliation, the EEO Office should be notified in writing by the alleged victim of retaliation within 10 working days of the date of the alleged retaliatory act. The written allegation must outline the details of the specific acts that the individual believes are being done in retaliation. The Augusta Georgia EEO Complaint Process: Augusta, Georgia transit riders may consult with the EEO Office on an informal basis to receive information and consultation in relation to specific situations without filing a formal EEO complaint or grievance. In addition, they may withdraw a formal EEO complaint and seek mediation or an informal resolution at any point in the process. Formal complaints must be filed in writing and signed by the citizen. Augusta Georgia transit riders may request to have a formal complaint issued orally and transcribed into written format by the EEO Office. An oral complaint must be transcribed into written format, signed and then submitted by the complaining party. The complainant is responsible for ensuring that their oral complaint is completed, signed, and submitted to the EEO Office within ten days after filing the oral complaint. Once a complainant files a written complaint, a letter is necessary to effectuate the withdrawal of an internal EEO complaint. The EEO Office reserves the right to conduct an investigation of any and all complaints: formal /informal; written/oral; and pending /withdrawn. The EEO Office also reserves the right to conduct or continue an investigation even in situations where the complaint is withdrawn. Complainant: Charged Party: ❑ Check if EEO Counselor completed this form during counseling session with complainant. Please complete this form in its entirety. This will assist the EEO Office in better understanding and handling your complaint. You will be referred to as the complainant, the one who is filing the complaint, throughout the process. Last, First Name: Street Address: City: State: Zip: Home #: Work #: Cell #: Pager #: Email address: Job Title: Department: Time in Dept.: Years Months Years of Employment: Year Months Immediate Supervisor: Phone #: Dep.' lment Manager: Phone #: Chairperson: Phone #: ALLEGED DISCRIMINATION Check all the categories that apply to your complaint. ▪ Age ❑ Color ❑ Disability ❑ Gender /Sexual Harassment ❑National Origin ❑Race/Ethnicity ❑ Religion ❑ Retaliation ❑ Other CI Veteran Status Check if additional pages are attached 1. Who is your complaint against? EEO Complaint/Intake Form COMPLAINANT INFORMATION Page 1 of 3 Equal Employment Opportunity Office Case #: 2. Date(s) alleged discrimination occurred. 3. Explain the circumstances surrounding your complaint. 4. Do you have any direct evidence to support your complaint, i.e. memos, recorded conversations performance evaluations, etc.? If so, please explain. 6. Was there a reason given for the alleged action taken against you? Ex. Organizational restructuring, reduction in budget, etc. If so, please explain. Page 2 of 3 5. In your work environment, has there been a pattern or practice that has occurred similar to the complaint you are filing? If so, please explain. 7. Have you discussed your concerns with management? List persons who may have information related to your complaint: Name Job Title Contact Relationship to you What resolution would you like to occur? ❑ Mediation El Formal Grievance No Further Action Your signature certifies that the information collected on this form is true and accurate. Signature: Date: EEO Appointment Date ❑Departmental Training Session ❑ Management Meeting with EEO Officer ❑ Other Time 171 a.m. ❑p.m. Page 3 of 3 Geographic Area Total population Race One race Two or More Races Hispanic or Latino (of any race) Total White Black or African American American Indian and Alaska Native Asian Native Hawaiian and Other Pacific Islander Some Other Race • =I ■• NM MI • • • • = — • • • • r I • • U.S. Census Bureau Race and Hispanic or Latino: 2010 County within Georgia Richmond County 200,549 1 195,319 79,624 108,633 685_, 3,331 400 2,646 1 5,230) 8,207 1 AUGUSTA PUBLIC TRANSIT FY 2011 ADMINISTRATION U 11 0 6 11 8 9 10 16 m 18 19 20 m 26 28 29 m 36 FEI 38 39 40 m m m m m 46 m 48 49 50 Job Description Administrative Manager Administrative Asst I /Operations Manager Administrative Asst 111 Cashier 1 Director 11 Executive Secretary I Secretary 1 OPERATIONS Administrative Asst 111 Administrative Asst 111 Administrative Asst 111 Bus Operator 1 Bus Operator 1 Bus Operator I Bus Operator 1 Bus Operator 1 Bus Operator 1 Bus Operator 1 Bus Operator I Bus Operator I Bus Operator I Bus Operator! Bus Operator 11 Bus Operator 11 Bus Operator ll Bus Operator 11 Bus Operator 11 Bus Operator 11 Bus Operator 11 Bus Operator II Bus Operator 11 Bus Operator 11 Bus Operator It ADA Transportation Clerk Special Sercives Manager Bus Operator 1 Bus Operator II Bus Operator 11 Bus Operator 11 Bus Operator II Bus Operator 11 Assistant Shop Foreman Laborer 1 LaborerI Laborer 1 LaborerI Mechanic 1 Mechanic 1 Mechanic 1 Mechanic I Employee Dottery, Sharon Jones, David L. Hutto, Miller F. Powell, Meschery Toinetta Johnson, Heyward L. Comire, Alan P. Canteen, Bridget( M. Gray, Ronald Neal, Donald M. Jones, David L. Ivester, John Barry Cox, Annie B. Bland, Carol J. Pullen, Mary Lizzie Hall, Anita M. Duncan, Judy Ann Odell, James M. Parsons, Cheryl Elaine Jordan, Mallon Cofer, Sandra J. Parks, Kerry Leon Barksdale, David F. Williams, Pamela M. Pinder, James Speed, Eric B. Gillman, Flora M. Williams, Nancy A. Hill, Darrell J. Sapp, George E. Lewis, Rudolph Terry, James Bellardino, Joseph Stevenson, Monica Lynn Mulkey, Denise B. Thomas, Amanda Moore, Ernest 111 Beale, Eric R. Bennett, Marvin Hicks, Carlos Francois, Louise Middleton, Alonzo Gabriel Bailey, Mary E. Mathis, Garnett M. Jackson, Jacob A. Johnson, Joe A. Galbreath, Melvin McCain, Jethro Roosevelt Key, Joshua C. Mullins, Scotty Grade 47 rzi m 40 59 43 39 42 42 42 40 40 40 40 40 40 40 40 40 40 40 39 39 39 39 39 39 39 39 39 39 39 39 45 40 39 39 39 39 40 36 36 36 36 46 45 Race 8 B w B B w B 8 B B w B B B B B B B B B B 8 B 8 B w B B H w B B 0 8 B B B WM WIM En M M M F F F F F lEll EMI ILE M F M EMI EI F F F M M IrEM B EMI ICE NMI F m Eal 1E11 M M M M M M Salary $ 37,009.44 $ 36,777.90 $ 32,403.54 $ 37,232.00 $ 77,504.70 $ 27,673.62 $ 24,455.08 $ 32,319.82 $ 31,466.24 $ 31,980.78 $ 24,900.46 $ 30,047.42 $ 25,084.80 $ 29,685.76 $ 25,504.96 $ 24,689.60 $ 25,937.86 $ 25,151.10 $ 29,867.24 $ 26,001.82 $ 27,436.24 $ 22,231.56 $ 22231.56 $ 22,231.56 $ 22,231.56 $ 22,231.56 $ 24,836.24 $ 22,231.56 $ 22,231.56 $ 22,231.56 $ 22,231.56 $ 22,231.56 ADA $ 23,603.84 $ 36,540.92 $ 23,401.82 $ 22,916.40 $ 22,231.56 $ 22,916.40 $ 22,231.56 $ 23,401.82 MAINTENANCE $ 44,172.47 $ 21,338.20 $ 20,236.58 $ 20,337.46 $ 20,439.12 $ 33,401.16 $ 33,401.16 $ 34,320.00 $ 33,375.62 Page 1 of 2 Interim APPENDIX C Interim Operations Manager Transit Supervisor Transit Supervisor Transit Supervisor nterim Transit Supervisor (Hispanic) 54 Maint Support Tech Allen, John L. 36 B M $ 23,359.96 55 Manager, Fleet Vehicles Johnson, Jeffery K. 49 B M $ 44,500.04 56 Mechanic, Lead Middleton, Alonzo Gabriel 46 B M $ 38,410.84 57 Mechanic, Lead Farrow Jr., Willie James 46 B M $ 37,519.82 58 Purchasing Clerk I Sutton, Lonnie H. 40 W M $ 25,741.82 59 Laborer I Brown, William C. 36 W M $ 25,702.56 60 Laborer 1 Lawrence, Nicholas N. _ 36 P M $ 23,082.54 RURAL RICHMOND TRANSIT 61 Administrative Asst III Allsup, Julie A. 42 W F $ 26,355.16 62 Part-Time Kilgore, Cynthia J. 9001 W F $ 9.28 63 Part-Time Ward, Laura J. 9001 W F $ 8.95 64 Part-Time Farris, Frank X. 9001 W M $ 10.27 65 Part-Time Robinson, Perry W 9001 B M $ 7.77 66 Part-Time Gallucci, Cobie 9001 W F $ 9.99 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AUGUSTA PUBLIC TRANSIT FY 2011 ***** Daivd L. Jones, is listed as Admin III which is a Transit Supervisor, but in February 2011, he became Interim Operations Manger. Kerry L. Parks, is listed as a Bus Operator I, but in February 2011, he became an Interim Transit Supervisor. Alonzo G. Middleton, is listed as a Mechanic Lead, but in February 2011, he became interim Assistant Operations Manager. Page 2 of 2 (Pacific Islander) HR POLICY — Equal Employment Opportunity Overview BILITY MOBILITY's policy is to promote a culture where the differences of our employees, customers, business partners, and suppliers are recognized and valued. MOBILITY will therefore implement programs, company- wide, that promote diversity and education, acknowledging that a variety of backgrounds, philosophies, and work - styles ultimately lead to a more collaborative environment. This approach, in addition to making us an Equal Opportunity Employer, will allow MOBILITY to be a "thought leader" in the transit industry. MOBILITY, in accordance with the regulations set forth by the U.S. Equal Opportunity Commission, has adopted and will maintain an Equal Employment Opportunity (EEO) policy. The following document outlines the rules and regulations set forth by the EEOC and MOBILITY's policy & commitment to adherence. Please note that much of the language used in this document was taken directly from eeoc.gov to ensure compliance with the most current rules available. MOBILITY General Manager and HR specialists, at a minimum, will be familiar with the following policy and guidance. MOBILITY Transit Services, LLC Statement of EEO Policy It is the policy of MOBILITY Transit Services, LLC to pursue equal employment opportunity regardless of race, religion, color, sex, height, weight, marital status, national origin, age, or disability as defined by federal and state law in our relationship with applicants for employment, employees of the company, and the public. Therefore, it is the policy of the company not to tolerate illegal discrimination. MOBILITY provides equal employment opportunity to all qualified individuals. The laws set forth by the EEO Commission protect employees and job applicants against employment discrimination when it involves: • Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. • Harassment by managers, co- workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. • Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability. • Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit. 1 1 Page SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV HR POLICY — Equal Employment Opportunity A. Dissemination BILITY It is the policy of MOBILITY to abide by these rules. We also do not discriminate against applicants or employees on the basis of veteran's status, family care leave status, marital status, sexual orientation, and /or any other legally protected status. In addition, MOBILITY follows a practice of affirmative action in promoting Equal Employment Opportunity. This Policy Statement will be made available to employees, applicants, and organizations outside the department /agency through employee handbooks, policy directives, posting in conspicuous locations, the Internet, statements on recruitment documents, advertising, etc. Executive, managerial, and supervisory personnel will be advised of the Policy, through meetings and /or training, with emphasis on individual responsibilities for implementation of the policy. The EEOC has standard protocols and procedures for handling any potential charges that may be made against a company. MOBILITY will explain its EEO policy and cover our commitment to compliance as part of its training programs. Additionally, we will conspicuously display the required EEO posters at our operations as a constant reminder to our employees. B. Responsibilities 1) Implementation MOBILITY's General Manager, in cooperation with the Augusta, Georgia EEO Director, shall implement this Equal Employment Opportunity (EEO) Plan and the Augusta EEO Plan. The plan shall be consistent with applicable law. 2) Executives, Managers, and Supervisors MOBILITY Executives, Managers, and Supervisors are responsible for assuring that ALL recruitment for vacancies is handled in a manner to attract a qualified, diverse applicant pool and that hiring decisions are based on job - related factors. MOBILITY Executives, Managers, and Supervisors are responsible for making reasonable efforts to assure that ALL Employees are provided a work environment that gives every Employee the opportunity to succeed. Employees shall be treated in a non - discriminatory manner, consistent with applicable laws, rules, regulations, and policies. 3) Administration of Equal Employment Opportunity Activities MOBILITY's General Manager is responsible for undertaking the steps necessary to implement Equal Employment Opportunity activities consistent with the plan. Overall Equal Employment Opportunity responsibilities shall be coordinated with the Augusta, Georgia EEO Director. 2 1 Page SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV HR POLICY — Equal Employment Opportunity Activities in this area may include: • Implementing the EEO Plan through internal and external communication processes. • Identifying steps that will be taken to assure equal employment opportunity in developing pools of potential qualified employees, including identifying areas where equal employment opportunity improvement is necessary and recommending actions for solving them. • Reviewing personnel policies, selection processes, and record keeping procedures that affect Equal Employment Opportunity. Employment data, practices, and policies will be analyzed to determine if these afford Equal Employment Opportunity. Appropriate steps to remedy any identified barriers will be taken in accordance with applicable laws, rules, and regulations and as approved by the Augusta Georgia EEO Director. • Analyzing employment practices, including reassignments and promotions, and programs offered to employees, including training and other professional development activities to ensure that such activities occur in a non - discriminatory manner. • Reporting data related to the composition of the workforce by job category, by race, and by gender. • Coordinating Section 504 /ADA /reasonable accommodation activities with the Augusta Georgia EEO Director. • Investigate and report allegations of illegal discrimination and sexual harassment complaints to the Executives of MOBILITY Transit Services, LLC, Augusta Georgia Contract Administrator, and the Augusta Georgia EEO Director. C. Employment Practices 1. Recruitment BILITY Recruitment is a shared responsibility between MOBILITY and the City of Augusta. Qualified applicants who reflect the composition of all such persons in the relevant labor market will be strongly sought. All personnel involved in the recruiting, screening, and selection processes will be properly trained to ensure the elimination and absence of bias in all personnel actions. Recruitment of applicants to assure equal opportunity may include the following employment resources: • Civil Service Employment Lists (County, Multiple County, Statewide) consistent with Civil Service Rules and Regulations. • Posting of vacancy(s), internally and /or externally (e.g., targeted newspapers, trade, professional and other journals, e-mail, Internet, MOBILITY Website, Augusta Georgia Website). • Contacting Universities, Colleges, Schools, Churches, and professional organizations. • Use of career development programs (e.g., school to work co -ops, internships and student assistants, speaking to schools and youth groups, departmental training programs). • Referral agencies (e.g., Department of Career Development or other state /local employment agencies, private agencies). 3 1 Page SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV HR POLICY — Equal Employment Opportunity 2. Hiring 3. Promotions and Career Advancement D. Affirmative Action BILITY MOBILITY will make hiring decisions based upon an evaluation of its workforce needs and an evaluation of a person's qualifications and ability to satisfactorily perform the essential duties of the position, with or without accommodation, consistent with applicable laws, rules, regulations, and if applicable, in accordance with any contractual requirements. In accordance with the principles of Equal Employment Opportunity, MOBILITY will 1) promote employees based on experience, training, and ability to perform duties of a higher level, and 2) encourage employees to participate in available career advancement activities with the department, e.g., training programs (internal and external) and tuition reimbursement (if available). MOBILITY will comply with the Affirmative Action reporting requirements in accordance with all the Federal and State regulations and the Augusta Georgia EEO Office. MOBILITY will take the following measure to ensure compliance with Executive Order 11246 and in addition to Equal Employment Opportunity. • Complete up -to -date workforce profile, which records employees by race or ethnicity, gender and job classification will be maintained and reports submitted as, requested, and /or required. • Carry out in depth analysis, as requested and /or required that includes an evaluation of the workforce by organizational unit and job group, all personnel activity, compensation systems and personnel procedures. • Annually review the results of the aforementioned analysis with all levels of management to include effectiveness of the program and suggestions for improvement • Advise all employees, at time of employment, that the firm is an Equal Opportunity /Reasonable Accommodations Employer and hiring promotion or demotions is based only on the individuals' qualification and ability to perform the essential functions of the job. • Cooperate with and support apprenticeship training programs, if and when operationally feasible, based on strict non - discrimination • Appoint an individual to serve as the Equal Employment Officer who is authorized to supply reports and represent the company in all matters regarding the Affirmative Action Plan • Post the name, address, and telephone number of the Equal Employment Officer in a conspicuous place or places. General Managers and contract -level HR representatives shall revisit the Department of Labor's web site on a regular basis (http: / /www.dol.gov /dol/ topic /hiring /affirmativeact.htm) to ensure MOBILITY's compliance with the most - current regulations. 4 1 P a g e SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV HR POLICY — Equal Employment Opportunity E. Reporting of EEO Efforts F. Dress Code 1. Recruitment and selection; 2. Promotions; 3. Transfers; 4. Disciplinary action; and 5. Terminations and discharge from employment G. Disciplinary Procedures: Discharge and Termination A. A report on the steps taken to achieve MOBILITY's goal of a diverse work force and the performance of MOBILITY toward achieving its EEO goals and policies shall be prepared by the General Manager and submitted to the Augusta Georgia EEO Director per their reporting calendar or at the end of each fiscal year. The analysis and reporting shall include a review of: B. The EEO Plan and annual reports will also be available upon request to any State or Federal agencies that are seeking a review of the MOBILITY's compliance efforts as part of any grant requirements or as part of an investigation of a complaint of unlawful discrimination. In general, an employer may establish a dress code that applies to all employees or employees within certain job categories. However, there are a few possible exceptions. While an employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers' ethnic beliefs or practices, a dress code must not treat some employees Tess favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or East Indian attire, but otherwise permits casual dress would treat some employees Tess favorably because of their national origin. Moreover, if the dress code conflicts with an employee's religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship. MOBILITY's disciplinary processes and procedures are outlined in the MOBILITY Operators Manual associated with employee discipline, termination, and the rules of conduct expected from all Employees in the workplace setting. No disciplinary or termination decision should be based on race, color, creed, religion, gender, national origin, are, or disability. 5 I Page SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV BILITY 1 HR POLICY — Equal Employment O ortunit q Opportunity APPROVAL of this plan is by the CEO /President of MOBILITY Transit Services, LLC. Sign Name: Print Name: Kevin J. Adams I Date: 9/14/2011 1 1 1 1 1 1 1 1 1 1 1 1 6 1 P a g e SUBJECT TO CHANGE SOURCE: EEOC.GOV; DOL.GOV 1 moBILITY 'Merno • To: Jacqueline Humphrey, EEO Director From: Michael Rosson, General Manager �. 1 Date: 9/21 /2011 Re: Shortage of Personnel & Goals to Fill 1 I have detailed below the reason for the shortage by department. MOBILITY is actively advertising with Goodwill Industries, GDOL (Georgia Department of Labor), VA Office, and MOBILITY's website. MOBILITY has been aggressively hiring Drivers since mid -July 2011. 1 1) DRIVERS a. FIXED ROUTE/ADA 1 i. SHORT SIX (6) DRIVERS DUE TO THE TRANSITION FROM APT TO MOBILITY. BEFORE MOBILITY STARTED MANAGING AND 1 OPERATING THE CONTRACT, APT WAS SHORT THE DRIVERS. ONE (1) DRIVER DISCHARGED FOR ATTENDANCE VIOLATIONS. 1 b. RURAL i. SHORT ONE (1) DRIVER DUE TO THE TRANSITION FROM APT TO 1 MOBILITY. BEFORE MOBILITY STARTED MANAGING AND OPERATING THE CONTRACT, APT WAS SHORT DRIVERS. 1 2) MECHANIC ' a. MECHANIC 'A' i. SHORT ONE (1) MECHANIC 'A' DUE TO THE EMPLOYEE RESIGNED. 1 3) UTILITY STAFF a. LABORER i. SHORT ONE (1) LABORER DUE TO THE EMPLOYEE RESIGNED. 4) CUSTOMER SERVICE REPRESENTATIVES 1 The information provided is confidential and is not intended for public records. a. CUSTOMER SERVICE REPRESENTATIVES i. SHORT TWO (2) CSRs DUE TO THE EMPLOYEES RESIGNED. Please contact me at 706 - 821 -1721 if you have any questions. The information provided is confidential and is not intended for public records. ALLEN, JOHN SUPPORT TECH $ 23,358.40 ALLSUP, JULIE RURAL SERVICE SUPERVISOR $ 26,355.16 BAILEY, MARY UTILITY STAFF $ 21,340.80 BARKSDALE, DAVID DRIVER $ 22,235.20 BEALE, ERIC DRIVER $ 22,235.20 BELLARDINO, JOSEPH DRIVER $ 22,235.20 BENNETT, MARVIN DRIVER $ 22,921.60 BLAND, CAROL SUPERVISORS $ 27,040.00 Memo To: Jacqueline Humphrey, EEO Director From: Michael Rosson, General Manager Date: 9/21/2011 Re: Itemized Listing MOBI LITY The requested itemized list of all personnel, by name, job description, and pay are shown below. Please contact me at 706 -821 -1721 if you have any questions. The information provided is confidential and is not intended for public records. Page 1 of 4 i S M MN NS i i N' S S EN NO NO MN NE MN - BROOKS, KESHA DRIVER $ 22,235.20 COHEN, MARTHA DRIVER $ 22,235.20 COMIRE, ALAN EXECUTIVE SECRETARY $ 27,664.00 DAILEY, JAMES DRIVER $ 22,235.20 DUNCAN, JUDY DRIVER $ 24,689.60 FARRIS, FRANK RURAL DRIVER (P/T) $ 19,225.44 FARROW, WILLE MECHANIC 'A' LEAD $ 37,523.20 GALBREATH, MELVIN MECHANIC 'A' $ 33,404.80 GIRTMAN, FLORA DRIVER $ 22,235.20 HICKS, CARLOS SUPERVISORS $ 26,000.00 HILL, CHERYL DRIVER $ 22,235.20 HILL, DARRELL DRIVER $ 22,235.20 IVESTER, JOHN DRIVER $ 24,897.60 JACKSON, ALBERT EXTERIOR WASHER/FUELER $ 20,342.40 JOHN ` S V pt er vi I lc RURAL DRIVER (P/T) $ 14,545.44 JONES, DAVID OPERATIONS MANAGER $ 36,777.78 JONES, SABRINA DRIVER $ 22,235.20 JORDAN, MALTON DRIVER $ 29,868.80 The information provided is confidential and is not intended for public records. Page2of 1 MIS INN r OM OM i N• MO r N I G OM r M KILGORE, CYNTHIA RURAL DRIVER (P/T) $ 17,372.16 LAWRENCE, BYRON ADA RESERVATIONIST / SCHEDULER $ 26,000.00 LAWRENCE, NICHOLAS BUS STOP & SHELTER STAFF $ 23,088.00 LEWIS, RUDOLPH DRIVER $ 22,235.20 MATHIS, GARNETT EXTERIOR WASHER/FUELER $ 20,238.40 McCAIN, JETHRO MECHANIC 'A' $ 33,404.80 MIDDLETON, ALONZO MECHANIC 'A' LEAD $ 44,179.20 MOORE, ERNEST DRIVER $ 22,921.60 MULKEY, DENISE SPECIAL SERVICES MANAGER $ 36,540.92 MULLINS, SCOTTY MECHANIC 'A' $ 33,375.68 NEAL, DONALD SUPERVISORS $ 31,466.24 ODELL, JAMES DRIVER $ 25,937.60 PARKS, KERRY SUPERVISORS $ 27,436.24 PHINIEZY, ALICIA DRIVER $ 22,235.20 PINDER, JAMES DRIVER $ 22,235.20 PLAYFORD, RHONDA ACCOUNTING CLERK $ 24,460.80 PULLEN, MARY DRIVER $ 29,681.60 REEVES, ALPHONSA DRIVER $ 22,235.20 The information provided is confidential and is not intended for public records. Page3of 1 MO OM — r r NM i OM MO • M• I OM • • i IIIIIP ROBINSON, PERRY RURAL DRIVER (P/T) $ 14,545.44 ROGERS, NAQUISHA DRIVER $ 22,235.20 ROSSON, MICHAEL GENERAL MANAGER $ 85,000.00 SIMPSON, IRENE SAFETY, TRAINING, & QUALITY SUPERVISOR $ 33,280.00 SPEED, ERIC DRIVER $ 22,235.20 STRACK, KENNETH MAINTENANCE MANAGER $ 50,000.00 SUTTON, LONNIE PARTS CLERK $ 25,750.40 WALKER, FLOYD DRIVER $ 22,235.20 WARD, LAURA RURAL DRIVER (P/T) $ 16,754.40 WILKINS, JAMIE DRIVER $ 22,235.20 WILLIAMS, BRANDON DRIVER $ 22,235.20 WILLIAMS, NANCY DRIVER $ 24,835.20 WILLIAMS, PAMELA DRIVER $ 22,235.20 WYCHE, ROMUS SUPERVISORS $ 33,280.00 The information provided is confidential and is not intended for public records. Page 4 of 4 1 MI r r — — — it • r In OM • M N— I MI OM ■M Dept. Job Title or Number Salary (Total Salary In the Department) Current Period M Of: c V lobed A311I9a1PoV % of Under. UttII atIon 1V00 FUTURE PERIOD All Emplo ees -1 MINORITY EMPLOYEES ANTICIPATED JOB OPENING BY: JOB OPENINGS TO BE FILLED BY: MALE FEMALE MIN F )1llV Sd1f3 101 0331 NVMA O3W 3311H M3N 101 TOT M F W Q dSIH a NVIV UdOHN 11111W a dSIH 1 - NVIV LIdOHN 6 % 0 % ? .E 2 General Manager $85,000.00 1 1 1 1 100.00% 0 0.00% 100.00% 0.00% 0.00% 0,00% OAO 0,00 0 0 Drivers - Fired Route 0490,776.00 21 13 8 1 11 1 1 1 7 12 57.14% 8 38.10% 57.10% 30.00% 0.04% 0.0034 (0.01 0.00 6 6 6 6 Odvers • Paratransit $159,681.60 7 4 3 1 3 S 3 42.86% 3 42.86% 42.9034 42.90.04% %41 -004% 0.00 0.00 0 0 Drivers - Rural $32,772.68 5 3 2 3 2 - 0 0.0034 2 40.0034 0.0036 40.0034 0.0036 0.0034 0.00 0.00 1 1 1 i Operations Man ager $38,777.78 1 1 1 1 100.00% 0 0.00% 100.00% 0,00% 0.00% 0.00°4 0.00 0.00 0 0 Supervisor 9145,222.48 6 4 1 4 1 4 80.00% 1 20.00% 80.00% 20.00% 0.0016- 0.00% 0.00 0.00 0 0 Safety, Training, & Quality Supervisor 933,280.00 1 1 i 0 0.00% 0 0.00% 0,00% 0.00% 0.00% 0.00% 0.00 0.00 0 0, Special Services Manager 936,540.92 1 1 1 0 0.00% 1 100.00% 0.00% 100.00% 0.00% 0.0014 0.00 0.00 0 0 Rural Service Supervisor 828,355.16 1 1 1 0 0.0094 1 100.00% 0.00% 100.00% 0.00% 0.00% 0.00 0.00 0 0, ADA Reservationlst/ Scheduler . 926,000.00 1 1 1 0 0.00% 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0 0 Maintenance Manager $60.000.00 1 1 1 0 0.00% 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0 0 Pare Clerk 920,750.40 1 1 1 0 0.00% 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0 0 Mechanic 'A' 9..0 661,702,40 2 2 2 2 100.00% 0 0.00% 100.0016 0.00% 0.00% 0.00% 0.00 0.00 O 0 Mechanic 'A' 9100,165.28 3 3 1 2 2 66.6734 0 0.00% 66.70% 0.00% 41.0334 0.00% 0.00 0.00 1 1 1, Bus Stop & Shelter Staff 343,088.00 1 1 1 1 100.00% 0 0.00% 100.0034 0.00% 0.00% 0.00% 0.00 0.00 0 0 Exterior Washer/Fifties $40,580.80 2 2 2 2 100,00% 0 0.00% 100.00% 0.00% 0.00% 0.00% 0.00 0.00 0 0 Support Tech 923,35$40 1 1 1 - 1 100.00% 0 0.0094 100.00% 0.00% 0.00% 0.00% 0.00 0.00 O 0 Utility Staff 021,340.80 1 1 1 0 0.00% 1 100.00% 0.00% 100.00% 0.00% 0.00% 0.00 0.00 1 1 1 1 Accounting Clerk $24,460,80 1 1 1 0 0.00% 1 100.0036 0.00% 100.00% 0.00% 0.00% 0.00 0.00 0 -0 Executive Secretary 027,664.00 1 1 1 0 0.0036 0 0.0034 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0 0 Customer Service Rep $0.00 0 0 0 0.00% 0.00% 2 2 2 2 O • 1 MI • • MN • • MI E OM Mill MI -- MI MI OM M Woriaorce Ana is The information provided is confidential and is not intended for public records. R iii ci/v/, Dept. Job Title or Number m y Gr1AK I 1 Current Period As Of: c a i 1 All Employees I EMPLOYEES MALE FEMALE MIN F TOT M F W QQ Q u. S Q z Q p Z rL Q o. 2 a Q z Q = Z ? 2 # % # % z B u. z u. z g LL General Manager $85,000.00 1 i 1 1 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 Drivers - Fixed Route $490,776.00 21 13 8 1 11 1 i 7 12 57.1% 8 38.1% 57.1% 38.1% 0.0 %o 0.0% (0.01) 0.00 Drivers - Paratransit $159,681.60 7 4 3 1 3 3 3 42.9% 3 42.9% 42.9% 42.9% 0.0% 0.0% 0.00 0.00 Drivers - Rural (P/T) $82,772.88 5 3 2 3 2 0.0% 2 40.0% 0.0% 40.0% 0.0% 0.0% 0.00 0.00 Operations Manager $36,777.78 1 1 1 1 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 Supervisor $145,222.48 5 4 1 4 1 4 80.0% 1 20.0% 80.0% 20.0% 0.0% 0.0% 0.00 0.00 Safety, Training, & Quality Supervisor $33,280.00 1 1 1 0 0.0% 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.00 0.00 Special Services Manager $36,540.92 1 1 1 0 0.0% 1 100.0% 0.0% 100.0% 0.0% 0.0% 0.00 0.00 Rural Service Supervisor $26,355.16 1 1 1 0 0.0% 1 100.0% 0.0% 100.0% 0.0% 0.0% 0.00 0.00 ADA Reservationist / Scheduler $26,000.00 1 1 1 0 0.0% 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.00 0.00 Maintenance Manager $50,000.00 1 1 1 0 0.0% 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.00 0.00 Parts Clerk $25,750.40 1 1 i 0 0.0% 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.00 0.00 Mechanic 'A' (Lead) $81,702.40 2 2 2 _ 2 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 Mechanic 'A' $100,185.28 3 3 1 2 2 66.7% 0 0.0% 66.7% 0.0% 0.0% 0.0% 0.00 0.00 Bus Stop & Shelter Staff $23,088.00 1 1 1 1 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 Exterior washer /Fueler $40,580.80 2 2 2 2 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 r it Support Tech $23,358.40 1 1 i T 1 100.0% 0 0.0% 100.0% 0.0% 0.0% 0.0% 0.00 0.00 Utility Staff $21,340.80 1 1 1 0 0.0% 1 100.0% 0.0% 100.0% 0.0% 0.0% 0.00 0.00 Accounting Clerk $24,460.80 1 1 1 0 0.0% 1 100.0% 0.0% 100.0% 0.0% 0.0% 0.00 0.00 Executive Secretary $27,664.00 1 1 1 0 0.0% 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.00 0.00 Customer Service Rep $0.00 0 0 0 0.0% 0.0% The information provided is confidential and is not intended for public records. CHART 2 1 1 1 1 T 1 1 1 [ 1 1 1 T Dept. Job Tit Number FUTUR RIOD 1 S NU ERIC OAL FOR P RAM YEA 11u O z w O K E e C ANTICIPATED WORK FORCE AS OF PROJECTED % REPRESENTATION ANTICIPATED JOB JOB OPENINGS TO BE LED NEW HIRE PROMOTIONS TOT 2111V SdX3 101 D3N NV�J1 Mid 3211H M3N 101 TOT TOT MIN 12 MO 2 YR 3 YR 4 YR M F MIN M F M F MIN FEM MIN FEM MIN F MIN F MIN F MIN F General Manager 0 0 Drivers - Fixed Route 6 6 6 6 Drivers - . aratransit 0 0 Drivers - Rural 1 1 1 1 Operations Manager 0 0 Supervisor 0 0 Safety, Training, & Quality Supervisor 0 0 Special Services Manager 0 0 Rural Service Supervisor 0 0 ADA Reservationist / Scheduler 0 0 Maintenance Manager 0 0 Parts Clerk 0 0 Mechanic 'A' (Lead( 0 0 Mechanic 'A' 1 1 1 Bus Stop & Shelter Staff 0 0 fer/Fue4er MI a 1.11 uuismisi S port Tech 111. a ■..■...■.■■ jity Staff 11 ©1111 ,11*11*111�.mum_s_ _ aim al ccounting Clerk �■ 0111. a 111111111 �r�� ___ __ E MI Executive Secretary ■111 01.x• 1 ��� Customer Service 1 2 2 2 The information provided h confidential and is not intended for public records.