HomeMy WebLinkAboutR-1999-109 Transit Fixed-Route #3 Demonstration ProjectRESOLUTION NO. R-99-10 9
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with A & A Motorcoach, Inc., whereby said
entity shall operate City of Yakima Transit Division Fixed -Route #3
as a demonstration project for a period of one year.
WHEREAS, the City of Yakima desires to engage a private contractor to operate
Transit Division Fixed -Route #3 as a demonstration project for a period of one year; and
WHEREAS, using a public bid process, the City requested any interested party
to submit a bid to operate Transit Division Fixed -Route #3 for a period of one year; and
WHEREAS, two bids were received for the demonstration project and
WHEREAS, the City Transit Committee reviewed the submitted bid packages
and interviewed the bidders; and
WHEREAS, the City Transit Committee recommends that the City award the
demonstration project contract to A & A Motorcoach, Inc. on the basis that the bid from
said entity appears to be the lowest responsive bid; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with A & A Motorcoach, Inc. to operate Transit
Division Fixed -Route #3 in accordance with the terms and conditions of the attached
agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated agreement with A & A Motorcoach, Inc.,
whereby said entity shall operate City of Yakima Transit Division Fixed -Route #3 as a
demonstration project for a period of one year.
ADOPTED BY THE CITY COUNCIL this 17th day of August, 1999.
ATTEST:
City Clerk
(1k)res/transit route #3/a & a motorcoach/transft/99.pm
Pe." --
John Puccinelli, Mayor
DEPARTMENT OF PUBLIC WORKS
2301 Fruitvale Blvd, Yakima, Washington 98902
Phone (509) 575-6005
Date:. Friday, July 16, 1999
To:
From: John A. Haddix,Planner
Subject: Route #3 Demo ration Project Bid
MEMO
City Council Transit Committee
Background
The City received three- (3) submittals. Forsythe and Associates, Inc. of West
Covina, California submitted a no bid. The remaining submittals were bid
proposals received from local area transportation companies:
1) A&A Motor Coach
2) Access Paratransit.
The local transportation companies submitted bids only for Schedule 1, a and
b. No bids were submitted on Schedule II, a and b. The two responsive bids
(with respect to cost submittals) are attached.
Third Party Contracting Requirements
Attached for your information is a copy of the Federal Transit Administration
Circular 4220.1D that specifically outlines third party contracting
requirements the FTA expects the City of Yakima and the successful bidder
to fully adhere to.
Bid Proposal Submittal Review
The Purchasing Agent sent out an addendum that changed the first two
pages of the bid form to better define the bid rate structures. The apparent
low bidder (A & A) neither acknowledged receipt of the Addendum nor did
they use the updated forms in their bid submittal. Further, A & A did not
submit a completed Certification Regarding Debarment, Suspension, and
Other Responsibility Matters.
Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005
Street 575-6005 • Traffic 575-6005 • Transit 575-6005
Yakima
1111•
1994
However, the Purchasing Agent has ruled these omissions as minor
infractions that do not affect the bid price as prepared and submitted. All
certifications and other required documents must be signed and incorporated
into the Contract as specified before the City will execute the Contract.
Each company submitted a balance sheet and accident history for the last
three years. The balance sheets submitted were reviewed by a City
accountant and it is the accountant's opinion that a more detailed profit and
loss statement would be helpful to evaluate the financial condition of each
company.
The following is the bid tabulation of proposals submitted:
Item #
Unit
Description
A & A
Access
City
Un-
Burdened
City
Fully -
Burdened
Sch I a
Per Hr.
Per hour with no City
support services.
$44.50
$59.03
$53.28
$70.92
Sch I b
Annual
Annual not to exceed
lump sum amount with
no City support services. _
$141,731.20
(Price based
on 260 days) _
$188,010.55
$173,160
(Based on
260 days)
$230,490
(Based on
260 days)
Sch II
a
Per Hr.
Per hour with the City
providing the spare
vehicle and all fuel at
City cost.
NB
NB
NA
Sch II
b
Annual
Annual not to exceed
lump sum amount with
the City providing the
spare vehicle and all
fuel at City cost.
NB
NB
NA
Yakima Transit Selah Service Costs
The Selah service cost figures (see attached) are presented to show what
makes up Yakima Transit's direct and indirect hourly costs.
Indirect costs, with respect to Yakima Transit, include the expenses of
administration and management that is considered outside the "normal"
everyday requirements needed to run the public transit operation, these
indirect costs include but are not limited to "retained" services such as senior
management, finance, legal, and purchasing.
Recommedation
Based upon Staff review of the bid documents and assuming the apparent
low bidder's assurance (because as noted above, the apparent low bidder did
not submit certain signed documents) of compliance with local, State and
federal requirements, Staff recommends that the contract for Transit Fixed -
Route #3 be awarded to A & A Motor Coach.
Qualification Rating Chart
Lastly, for the Transit Committee's convenience and at their option to use, I
have attached with my Memo rating forms that may be helpful in ranking
each of the Proposers and their bid submittals.
Direct Costs:
Operations Salaries
& Benefits
Supplies & Other
Maintenance Salaries
& Benefits
General Supplies
Fuel
Bus Maintenance
Outside R & M
Total Direct Costs:
Indirect Casts:
Administrative Salaries &
Benefits
Supplies & equipment
Professional Services
Marketing
Miscellaneous
Printing (schedules & maps)
Travel & Training
Utilities (Transfer Station)
Dues & Subscriptions
State & County Taxes & Assessments
lnterfund City Charges (1)
Insurance
Total Indirect Costs:
City of Yakima
Transit Fund
Direct and indirect cost summary
(Cash Basis)
December 31, 1998
1,680,940.48
134.26
61,743.24
4,536.66
138,791.29
508,188.00
97.801.17
Total Service Hours cost/hour
2,492,135.10 46,776 55328
270,213.26
3,808.97
11,708.43
36,186.51
9,020.23
19,383.12
3,802.57
7,069.07
4,53539
1,694.63
359,148.00
98.760.00
Total Service Hours cost/hour
825,330.18 46,776 517.64
Total Costs 3,317,465.28
note (1): Interfund City charges consist of the following:
charge amount
City Service Charge 246,300.00
Public works Administration 58,836.00
Public Works Plant expense 54,012.00
Total 359,148.00
570.92
reason
City management, Payroll, Legal, Accounting, Personnel, etc.
clerical support within Public Works Complex
Transts's share of maintenance and operation off
Public Works Facility as determined by square
footage allocation.
Access Paratransit Qualification Rating
Evaluation Category
Ranking Scale
Low
High
_ 1.
Qualifications and professional competence.
1
2
3
4
2.
Demonstrates experience in operating in a system
of similar size, scope, and complexity.
1
2
3
4
3.
Satisfactory personnel, facilities, and equipment to
comply satisfactorily with all requirements of this
solicitation.
1
2
3
4
4.
Understanding of the scope of services including:
How labor commitments will be achieved; how
transit service will be continuously operated for the
designated period; how contractor's personnel will
achieve good public relations and demonstrate
commitment to successful service. (All the above
has to do with the quality of training provided to
keep good people working)
1
2
3
4
5.
Capacity for service implementation and operation.
Does management, maintenance of fleet, and
facilities, and stated operational practices present
a picture of high quality service?
1
2
3
4
6.
Financial stability and ability to maintain .
financing for the proposed services and fleet.
Includes financial statements, bonding/credit,
insurance, etc.
1
2
3
4
7.
Ability to meet all required Federal Transit
Administration certifications and representations.
1
2
3
4
8.
Is the price quoted for providing services relative to
the service requirements needed and the desired
standards of performance? •
1
2
3
4
l's
2's
3's
4's
Total:
A& A Qualification Rating
Evaluation Category
Ranking Scale
Low
High
1.
Qualifications and professional competence.
1
2
3
4
2.
Demonstrates experience in operating in a system
of similar size, scope, and complexity.
1
2
3
4
3.
Satisfactory personnel, facilities, and equipment to
comply satisfactorily with all requirements of this
solicitation.
1
2
3
4
4.
Understanding of the scope of services including.
How labor commitments will be achieved; how
transit service will be continuously operated for the
designated period; how contractor's personnel will
achieve good public relations and demonstrate
commitment to successful service. (All the above
has to do with the quality of training provided to
keep good people working)
1
2
3
4
5.
Capacity for service implementation and operation.
Does management, maintenance of fleet, and
facilities, and stated operational practices present
a picture of high quality service?
1
2
3
4
6.
Financial stability and ability to maintain
financing for the proposed services and fleet.
Includes financial statements, bonding/credit,
insurance, etc.
1
2
3
4
7.
Ability to meet all required Federal Transit
Administration certifications and representations.
1
2
3
4
8.
Is the price quoted for providing services relative to
the service requirements needed -and the desired
standards of performance?
1
2
3
4
l's
2's
3's
4's
Total:
FIXED -ROUTE # 3 TRANSPORTATION
PROVIDER AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is entered into this day
of , 1999, by and between the City of Yakima, Washington, hereinafter
called "the City," through the Department of Public Works, Transit Division, 2301
Fruitvale Blvd., Yakima, Washington 98901, and, A & A Motorcoach, Inc.,
hereinafter called the "Contractor."
Whereas, the City desires to engage a private contractor to operate "Transit
Fixed -Route #3".
Whereas, the Contractor is willing to operate "Transit Fixed -Route #3" in
accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the
Contractor as follows:
1. Purpose of Agreement. The Agreement purpose is to provide a
demonstration project for furnishing fixed -route transportation for Transit Fixed
Route #3 for one (1) year within the corporate limits of the City of Yakima.
2. Scope of Services. The Contractor shall operate Transit Fixed Route #3 in
accordance with the policies, specifications, requirements, terms and conditions
provided in this Agreement; the Scope of Services, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by this reference; Map of Transit
Fixed Route #3, a copy of which is attached hereto as Exhibit "B" and incorporated
by this reference; the Bid Instruction and Conditions, a copy of which is attached
hereto as Exhibit "C" and incorporated herein by this reference; and the
Contractor's Bid, dated June 30, 1999 ("Bid"), a copy of which is attached hereto as
Exhibit "E" and incorporated herein by this reference.
3. Resolution of Conflicting Language. Any inconsistencies or conflicts
between the language of this Agreement, the Bid Instructions and Conditions, and
the Bid shall be resolved in the following order:- the language of the Agreement shall
prevail over the language of the Bid Instructions and Conditions and the Bid; and
the language of the Bid Instructions and Conditions shall prevail over the language
of the Bid.
4. Term of Agreement. This Agreement shall become effective upon full and
complete execution by the City and the Contractor and shall terminate at midnight
on , 2000, unless terminated- earlier by either party in accordance
with Section 33 of this Agreement.
5. Payment. The City agrees to pay the Contractor compensation for transit
services provided under this Agreement on a bimonthly basis. Accordingly, the
07/27/99 11:41 AM Page 1
Contractor shall provide the City an invoice on the 15th day of each month for all
transit services provided to the City during the first half of the respective month;
the Contractor shall provide the City another invoice on the last day of each month
for all transit services provided to the City during the second half of the respective
month. Additionally, the Contractor shall also provide the City with a monthly
financial statement on or by the 10th day of each month with regard to the financial
status of the Contractor during the preceding month. The City shall pay the
Contractor within fifteen (15) calendar days of receipt of an approved invoice.
Charges disputed by the City shall be separated from the invoice and the
undisputed portion shall be paid.
6. Liquidated Damages. The parties agree that it is very difficult to ascertain
the damages that will be caused in the event that the Contractor breaches this
Agreement by not providing the transit services required hereunder. Consequently,
the parties further agree that in such event, imposition of liquidated damages
against the Contractor is appropriate. The parties hereby agree and stipulate that
the Contractor shall pay the City liquidated damages in the amount of Seventy -Five
Dollars ($75.00) per hour with a maximum of Nine Hundred and Thirty -Seven
Dollars and Fifty Cents ($937.50) per day in the event of such breach. The parties
agree that said liquidated damages are a reasonable forecast of just compensation
to the City for such breach. The parties further agree that any liquidated damages
that are imposed pursuant to this Agreement may be, at the City's discretion,
directly deducted by the City from any compensation otherwise due and owing to
the Contractor.
The following example is provided for illustrative purposes of application of the
liquidated damages clause:
Contractor is unable to provide transit services for one day of
scheduled services due to the fact that Contractor's transit vehicles are
inoperable. City is forced to provide said transit services using its own
transit vehicles and personnel. Consequently, City is entitled to
liquidated damages from Contractor for the entire day. Contractor
must pay City liquidated damages of $937.50. The City deducts the
sum from the compensation otherwise due and owing to the Contractor
for previously provided transit services.
This provision shall not serve as a limitation upon other damages that may be
available to the City for breach of this Agreement and/or available under statutory
or common law.
7. Training. All vehicle operators employed by the Contractor and/or its
subcontractors and utilized to provide transportation services under this Agreement
must, as a minimum, possess and maintain the following:
• A valid Washington State Driver's License,
• A valid Commercial Driver's License/Endorsement,
• A Cardio -Pulmonary Resuscitation (CPR) Card; and;
• A Basic First Aid Card.
07/27/99 11:41 AM Page 2
All vehicle operators must receive:
• Training in passenger handling techniques,
• Sensitivity in dealing with elderly and handicapped persons, and;
• Vehicle and personal safety training on an ongoing basis.
These and other suitable forms of training must be documented and all subsequent
employee -training records kept current for thelife of this Agreement.
8. Drug and Alcohol Testing. The Contractor must comply with all applicable
provisions of 49 CFR Part 40 and all other applicable federal regulations pertaining
to the testing of employees in safety sensitive positions for use of controlled
substances and alcohol. The Contractor must either participate in the City's testing
program at cost or, establish its own testing program that complies with all
applicable federal regulations.
9. Data Collection and Reporting. The Contractor must collect and report
both financial and non-financial operating data in accordance with established
procedures, or as modified from time to time, by the City. The Contractor, at a
minimum, must be able to track, produce, and deliver monthly and annual
operating statistics in a computer file format compatible with that of the City. All
required records must be kept current for the term of this Agreement and furnished
on demand, at no extra charge to the City.
10. Maintenance and Access to Financial Records. The Contractor must
maintain fiscal records pertaining to the transportation services provided under this
Agreement in accordance with generally accepted accounting principles that are
consistent with the methods of financial reporting used by the City.
The Contractor shall make all records pertaining to transportation services
provided under this Agreement available for examination, inspection, and copying
to federal, state, and/or local authorized personnel during the term of this
Agreement and for a period of three (3) years following the termination of this
Agreement.
In the event that such examination or inspection reveals any discrepancy in such
financial records, the Contractor shall provide the examining/inspecting agency and
the City with an appropriate written clarification and/or perform a satisfactory
financial correction within fifteen (15) calendar days of notification of the
discrepancy.
11. Transit Fare Revenue. The Contractor shall be responsible for collecting
and counting all required bus fare categories pertaining to the operation of Transit
Fixed -Route #3. All bus fare revenue is the property of the City and must be
remitted by the Contractor to the City once every week. The bus fare revenue must
be controlled and accounted for in accordance with the City's established practices
for cash handling and bus fare retrieval, including the use of a City approved fare
collection box.
07/27/99 11:41 AM Page 3
12. Safeguarding of Information. The Contractor's use or disclosure of
confidential information concerning any participant, recipient, or client for any
purpose with respect to the contracted activities provided under this Agreement is
prohibited except on: written consent of the City, participant, recipient, or client,
their attorney or their responsible parent or guardian, or as otherwise provided by
law.
13. Non -Discrimination in Contracted Activities/Services. The Contractor
shall not discriminate on the grounds of race, creed, color, sex, religion, national
origin, marital status, political affiliation, status as a Vietnam era veteran, age or
the presence of any sensory, mental or physical disability in violation of any
applicable federal, state, or local law and/or regulation. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of contracted
activities/services under this Agreement. The Contractor further agrees to insert a
provision similar to this clause in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
14. The Americans with Disabilities Act. The Contractor agrees to comply
with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA),
and its implementing regulations with regard to the activities and services provided
pursuant to this Agreement. The ADA provides comprehensive civil rights to
individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services, and telecommunications.
15. Title VI Civil Rights Act of 1964. The Contractor shall comply with and.
shall assure under this Agreement with all the requirements imposed by Title VI of
the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the federal
Department of Transportation issued thereunder, 49 CFR Part 21, as they may be
amended from time to time.
a. Compliance with. Regulations. With regard to services provided under
this Agreement, the Contractor shall comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the DOT Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulation).
b. Nondiscrimination. The Contractor, with regard to the work performed
pursuant to this Agreement, shall not discriminate on the grounds of race,
religion, color, sex, age, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
The Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the. Regulations, including
employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
07/27/99 11:41 AM Page 4
c. Solicitations for Subcontracts Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract pertaining to "services to be provided under this Agreement,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Agreement and the Regulations relative
to nondiscrimination on the grounds of race, religion, color, sex, age, or
national origin.
d. Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the City, or the
Federal Transportation Administration (FTA) to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
required information is in the exclusive possession of another who fails or
refuses to furnish this information, the Contractor shall so certify to the
recipient, or the FTA, as appropriate, and shall set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance. In the event of the Contractor's non-
compliance with the nondiscrimination provisions of this Agreement, the City
shall impose such contract sanctions as it or the FTA may determine to be
appropriate, including, but not limited to:
i. Withholding of payments to the Contractor under the
Agreement, in whole or in part; and/or
ii. Agreement cancellation, termination, or suspension in
whole or in part.
f. Incorporation of . Provisions. The Contractor shall include the
provisions of paragraphs (a) through (f) of this Section in every subcontract
pertaining to services to be provided under. this Agreement, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the City or the
FTA may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that, in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interests of the United
States.
16. Disadvantaged Business Enterprise Participation.
a. Policy. It is the policy of the United States Department of
Transportation (hereinafter DOT) that disadvantaged business enterprises as
07/27/99 11:41 AM Page 5
defined in 49 CFR Part 26 shall have an opportunity to participate in the
performance . of contracts financed in whole or part with federal funds.
Consequently, the DOT requirements of 49 CFR Part 26 applies to this
Agreement.
b. United States DOT Obligation. The Contractor, sub recipient or
subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Agreement. The Contractor shall
carry out applicable requirements of 49 CFR part 26 in the award and_
administration of DOT -assisted contracts. Failure by the Contractor to carry
out these requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as the City
deems appropriate.
c. DBE Goal. The City has an overall goal of ten percent (10%)
participation by Disadvantaged Business Enterprises (DBE). The Contractor
will seek opportunities to do business with DBE organizations. DBE
participation will be regularly reported to the City on a timing and format to
be determined by the City.
d. Prompt Payment Requirement. In accordance with 49 CFR Section
26.29, the Contractor agrees to pay each subcontractor, if any, under this
Agreement for satisfactory performance of its subcontract no later than
fifteen (15) calendar days from the receipt of each payment the Contractor
receives from the City. The Contractor agrees further to return retainage
payments to each subcontractor within fifteen (15) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement
of payment from the above referenced time frame may occur only for good
cause following written approval of the City. This clause applies to both DBE
and non -DBE subcontractors.
17. Equal Employment Opportunity. In connection with the execution of this
Agreement, the contractor shall not discriminate against any employee or applicant
for employment because of race, religion, creed, color, sex, age, or national origin.
The contractor shall take affirmative action to ensure the hiring of applicants and
treatment of employees during employment is conducted without regard to their
race, religion, creed, color, sex, age, or national origin or presence of any physical
handicap. Such action shall include, but not limited to the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor further agrees to
insert similar provisions in all subcontracts, except those for standard commercial
supplies or raw materials.
18. Conservation. The Contractor shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the Washington State
Energy Conservation Plan issued in compliance with the Energy Policy and
Conservation Act (42 USC § 6321 et seq.)
07/27/99 11:41 AM Page 6
shall report violations to FTA and to the USEPA Assistant Administrator for
Enforcement.
20. Air Pollution. The Contractor may be required to submit evidence to the
City that the governing air pollution criteria will be met. The City shall retain all
evidence and related documents for on-site examination by FTA.
21. Certification Regarding Debarment. Suspension, and Other
Responsible Matters. Pursuant to Executive Order 12549 and federal regulations
in 49 CFR 29, entities and individuals that are debarred or suspended by the
federal government are excluded from obtaining federal assistance funds under this
contract. To assure that such entities and individuals are not involved as
participants on the FTA financed Contract, each contractor shall complete and
submit, as part of the bid the Certification contained in Exhibit "C". Failure to
submit a Certification or an explanation may be grounds for disqualification.
The Certification is a material representation of fact upon which reliance is placed
in determination of award of Contract. If it is determined the Contractor knowingly
rendered an erroneous certification; the City may terminate the Agreement for
cause of default, in addition to other remedies available including FTA suspension
and/or debarment.
If applicable, the Contractor shall require each subcontract with an entity or person
such Certification. Each subcontract, regardless of tier, shall contain a provision
that the subcontractor shall not knowingly enter into any lower tier subcontract
with a person or entity that is debarred, suspended or declared ineligible from
obtaining federal assistance.
22. Disclosure of Lobbying Activities. The Contractor and sub -tier
contractors are prohibited from using federal funds, other than profits from a
federal contract, from lobbying Congress or any federal agency in connection with
an award of a particular contract. The law requires the Contractor and sub -tier
contractors (1) to certify that they have neither used nor will use any appropriated
funds for payments to lobbyists, (2) to disclose the name, address, payment details,
and purpose of any agreement with lobbyists whom the Contractor and sub -tier
contractors will pay with profits or non -appropriated funds and, (3) file quarterly
updates about the use of lobbyists if material changes occur in their use. The
necessary certification is attached hereto as Exhibit "D" and incorporated herein by
this reference.
23. Independent Contractor Status. The parties agree that an independent
contractor relationship is created by this Agreement. The performance of contracted
activities and services and the results to be achieved are solely the responsibility of
the Contractor. The Contractor will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors, or otherwise,
during the performance of this Agreement. However, the results of the activities
and services contemplated herein must meet the approval of the City and shall be
subject to the City's general rights of inspection and review to secure the
satisfactory completion thereof.
08/11/99 11:36 AM Page 7
during the performance of this Agreement. However, the results of the activities
and services contemplated herein must meet the approval of the City and shall be
subject to the City's general rights of inspection and review to secure the
satisfactory completion thereof.
Additionally, under this Agreement, no agent, employee, servant, representative, or
subcontractor of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City for any purpose. The agents, employees, servants,
representatives, or subcontractors of the Contractor are not entitled to any of the
benefits (i.e., social security, deferred compensation, retirement benefits, health
care benefits) which the City provides for City employees.
24. Indemnification and Hold Harmless. Contractor agrees to protect,
defend, indemnify, and hold harmless the City, its elected officials, agents, officers,
and employees from and against any and all claims, damages, demands, losses,
liens, liabilities, lawsuits, and other proceedings and all judgments, awards,
penalties, fines, costs and expenses (including reasonable attorneys' fees and
disbursements) that result from, arise out of, or are in any way connected with the
contracted activities to be performed by the Contractor or its subcontractors under
this Agreement.
25. Performance Bond/Letter of Credit. On or before the date this Agreement
is fully executed by the parties, the Contractor shall provide the City a letter of
credit, a performance bond or other such acceptable security in the amount of 25%
of the proposal price. This must be presented in such form and with such sureties or
guarantors as are satisfactory to the City. The letter of credit, performance bond or
other security shall secure fulfillment of all the duties, services, and obligations
required under the Agreement.
26. Insurance. The Contractor shall obtain and maintain the minimum
insurance set forth below. By requiring such minimum insurance, the City shall not
be deemed or construed to have assessed the risks that may be applicable to the
Contractor. The Contractor shall assess its own risks and, if deemed appropriate
and/or prudent, maintain greater limits and/or broader coverage.
a. Commercial Liability Insurance. On or before the date this Agreement
is fully executed by the parties, the Contractor shall provide the City with a
certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) combined
single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the
certificate to the' effect of "this certificate is issued as a matter of information
only and confers no right upon the certificate holder" shall be deleted). Said
policy shall be in effect for the duration of the contract. The policy shall name
the City, its elected officials, officers, agents, and employees as additional
insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City -thirty . (30) calendar days prior
written notice (any language in the clause to the effect of "but failure to mail
07/27/99 11:41 AM Page 8
such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
b. • Commercial . Vehicle Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Contractor shall provide the
City with a certificate of insurance as proof of commercial vehicle liability
insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that
the insurer will not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice (any language in the clause
to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
c. Primary Insurance. The insurance provided by the selected Vendor
hereunder will be primary insurance with respect to the City. Maintenance of
the insurance levels as stated and required hereunder shall not limit the
selected Vendor's responsibility for any claims in excess of said insurance
levels.
d. Workers Compensation. Contractor agrees to pay all premiums
provided for by the Workman's Compensation Act of the State of Washington.
Evidence of Contractor's workers compensation coverage will be furnished to
the City.
e. Subcontractors Must Satisfy Insurance Requirements. The Contractor
shall ensure that all subcontractors it utilizes for work/services required
under this Agreement shall comply with all of the above insurance
requirements.
27. No Insurance provided by the City. It is understood the City does not
maintain liability insurance for the Contractor and/or its officers, employees, agents
and/or subcontractors.
28. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by the Contractor to any
other person or entity without the prior written consent of the City. In the event
07/27/99 11:41 AM Page 9
that such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Contractor as stated' herein.
29. Non Waiver. The waiver by the Contractor or the City of the breach of any
provision of this Agreement by the other party shall not operate or be construed as
a waiver of any subsequent breach by either party or prevent either party thereafter
enforcing any such provision.
30. Integration and Modification. This written document constitutes the
entire agreement between the parties. No other understandings, oral or otherwise,
regarding the subject . matter of this Agreement shall be deemed to exist or to bind
any of the parties hereto. Nochange or addition to this- Agreement shall be valid or
binding upon either party unless such change or addition is in writing and executed
by both parties.
31. Severability. The parties agree that if any part, term, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal, the validity of
the remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provisions held to be invalid.
If any provisions of this Agreement are in conflict with any federal law, rule or
regulation or with any law, rule, regulation or statutory provision of the State of
Washington, the conflicting provisions shall be deemed inoperative and null and
void insofar as they may be in conflict, and shall be deemed modified to conform to
lawful provisions, so as to give them as much effect as legally possible.
32. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of
this Agreement and shall be binding on the parties to this Agreement.
33. Termination of Agreement. In the event the either party fails to perform
and/or breaches any requirement, obligation, duty, term and/or condition of this
Agreement; the other party may terminate this Agreement by giving written notice
of intention to terminate to the non-performing/breaching party. Said notice shall
describe the nature of the non-performance/breach. If the • Contractor corrects the
non-performance/breach to the satisfaction of the other party within fifteen (15)
calendar days after such notice is given, then this Agreement shall not be
terminated on that ground. If the non-performing/breaching party fails to correct
the non-performance to the satisfaction of the other party within the fifteen (15)
calendar day period, then this Agreement shall 'terminate upon the party giving
final written notice of termination to the non-performing/breaching party.
Additionally, the parties may mutually agree to terminate this Agreement at any
time.
34. Notices. Unless stated otherwise, all notices and demands shall be in writing
and sent or hand -delivered to the named parties at their addresses as follows:
07/27/99 11:41 AM Page 10
To City:
Sue Ownby, Purchasing Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
To Contractor: R E Ammerman, President
A & A Motorcoach, Inc.
Po Pix 8364
Yakima, WA celO - O3t
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid or
hand -delivered. Such notices shall be deemed effective when mailed or hand -
delivered at the addresses specified above.
35. Governing Law. This Agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is understood and
agreed that this Agreement shall be governed by laws of the State of Washington
both as to interpretation and performance.
36. Stipulation of Venue. Any action at law, suit in equity, or other judicial
proceeding regarding the enforcement or breach of this Agreement or any provision
hereof, shall be instituted and maintained in the Superior Court of Washington for
Yakima County, Washington.
37. Warranty. The Contractor represents and warrants by its submission that it
has sufficiently informed itself in all matters affecting the performance of the work
or the furnishing of the labor, services, supplies, materials, equipment called for in
this bid request. Further, the Contractor warrants that it has checked its proposal
for errors and omissions and the prices stated are correct as intended and is a
complete and correct statement of its prices for providing the labor, services,
supplies, materials, or equipment required in the bid request.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year first above written.
CITY OF YAKIMA
By:
R. A. Zais, Jr., City Manager
ATTEST:
City Contract No. 99-93
Resolution No. R-99-109
City Clerk
07/27/99 11:41 AM Page 11
A & A MOTORCOACH, INC.
merman, President
Exhibit A
Scope of Services
1.0 Introduction. The City's aim is to provide an effective and efficient public
transportation system in order to enhance the local transportation capacity; to
reduce traffic congestion, air pollution, and the use of petroleum fuels; and to
improve the overall quality of life in the urban area. The goals are:
• To provide a high quality, safe, and secure public transportation system that
is accessible to the greatest number of people,
• To operate as effectively as possible to attract the greatest number of
passengers,
• To operate as efficiently and economically as possible to provide service at the
lowest cost to both passengers and taxpayers,
• To achieve effective communication, with passengers, the public, the media,
and community leaders, and;
• To plan and develop capital improvement projects in concert with community
development objectives to enhance the efficiency, effectiveness, and capacity
of public transportation.
The transit system adheres to a set of objectives that progress towards achieving
these goals that can be measured. These objectives fall into four broad categories
that address level of service, efficiency and economy, safety, and communications.
In terms of level of service, the system seeks to reach the greatest number of
potential riders by initiating new or improved transit service when and wherever
possible operating in concert with passenger demand.
Among the several ways a transit system's productivity can be enhanced are
through reduced operating costs, simplified fare structures, coordinated fixed -route
and special need transportation services, improved operating efficiency, and
involving private resources in the provision of public transportation.
The safety of passengers and employees is sought by having well maintained
vehicles and equipment and through regular monitoring.
Good public communication is an important transit system responsibility in terms
of publicizing all transit services and obtaining valuable information about
transportation demand and passenger needs. Establishing an effective marketing
program and incorporating community input helps promote transit use.
The successful Contractor is expected to make every effort to achieve these stated
goals and objectives.
07/27/99 11:41 AM Page 12
2.0 Overview of Fixed -Route Service Schedule in the "City. A publicly
funded fixed -route transit service is provided within the city limits of Yakima. The
transit system consists of 9 fixed -routes operating Monday — Saturday with varying
levels of scheduled service hours throughout each day. Fixed -route service is
generally provided between the hours of 6 A.M. and 7 P.M.
The City of Yakima is responsible for establishing all policy and the overall
supervision of the City's public transit system. In addition to regular fixed -route
service, paratransit (ADA) service is also provided under a private provider
contract. The City regards each of the two service modes as an integrated system of
local pubic transportation.
3.0 Fixed -Route #3 Service Purpose. Fixed -Route #3 (Mead/Fruitvale) is
intended to operate essentially the reverse of Fixed -Route #4 (Fruitvale-Mead).
Fixed -Route #3 serves the Employment Security Office, Southgate Shopping Center,
Hoover Elementary School, Yakima Valley Community College, Larson and Milroy
Parks, Juvenile Justice Center, DSHS, Public Works Complex, City Hall, and the
Regional Library.
4.0 Fixed -Route #3 Route Description. A map of Fixed -Route #3 is attached
hereto as part of the RFP. Fixed -Route #3 begins at the Downtown Transit Transfer
Center and proceeds south on South 4th St., to East Walnut St., then west on East
Walnut St. to South 3rd Ave., south on South 3rd Ave. to West Mead Ave., then west
on West Mead Ave. to South 16th Ave., then north on 16th Ave. to West J St., then
west on West J St. to North 21st Ave., south on North 21st Ave. to Fruitvale
Boulevard, west on Fruitvale Boulevard to River Road then, east on .River Road to
North 20th Ave. and then south on North 20th Ave. to Jerome Ave. then east on
Jerome Ave. to North 16th Ave. then South on North 16th Ave. to West Lincoln Ave.
then east on West Lincoln Ave. to Pierce Ave. then South on Pierce Ave. to West B
St., east on West B St. to North 3rd St and south on North 3rd St. to East Chestnut
St. to Downtown Transit Transfer Center.
5.0 Service Hours, Days. and Frequency for Fixed -Route #3. The operating
hours are approximately from 7 A.M. until 7 P.M. weekdays. There is no scheduled
Saturday or Sunday service. The frequency of weekdayservice shall be hourly.
6.0 Scheduled Hours and Miles for Fixed -Route #3. The daily scheduled
hours for operating Fixed -Route #3 service is 12.25 hrs. The daily scheduled miles
for operating Fixed -Route #3 service is 132.2 miles
7.0 Fleet Vehicles. Buses must at a minimum be rated as light duty vehicles
with a capacity to carry 17 or more passengers. The buses must meet all federal
requirements to be accessible to persons with disabilities ("ADA accessible"). The
buses must be lift -equipped and have. appropriate wheelchair tie -down devices
installed. The buses must be provided with bicycle carriers of the same or similar
make and model used by City of Yakima Transit Division.
07/27/99 11:41 AM Page 13
The buses must be equipped with suitable heating and air conditioning systems
that meet . Yakima Transit's operating specifications for reliability and passenger
comfort during the cold winter and hot summer months.
It is desirable that the buses have an exterior paint scheme similar to that of the
City of Yakima Transit Division. An illustration or picture showing the paint
scheme utilized on City buses will be provided on request to the successful Vendor.
If or when providing for exterior and interior advertising is contemplated on the
vehicle, for no matter what purpose, this provision for placing advertising on the
vehicle shall be subject to negotiations and final approval by the City.
8.0 Tvpe of Operation. The entire transit system functions under a radial,
timed transfer concept. This concept is used in the majority of smaller transit
systems to minimize transfer times and service costs while maximizing service area
coverage. Fixed -Route #3 has been designed, like the other transit system's fixed -
routes, to serve the greatest area in the least amount of time. The route must have
continuous movement with assigned designated layover points and times. Operators
must be relieved without delay. Vehicles experiencing accidents, breakdowns, or
other delays exceeding 10 minutes must be replaced so there is not a substantial
disruption of public transit service.
9.0 Service Changes. The City reserves the right to add, delete, change, and
make service modifications including but not limited to: miles operated, hours of
operation, days of operation, public relations or special event operations, etc. The
successful Vendor must. fully and immediately implement City requests related to
the fixed -route service. The City and the selected Vendor shall negotiate all
compensation for implemented changes.
10.0 Radio Communications. All revenue service equipment must have two-
way radios compatible with the City of Yakima's two-way radio system. The
selected Vendor shall be responsible for maintaining continuous contact with all
operating activities.
11.0 Road Supervision. The selected Vendor shall provide road supervision to
monitor fixed -route operators, the traveling public, and street operation activities
and to coordinate with the City of Yakima Transit Division. The Contractor shall
assist with special events or special needs, accidents, detours, and to assure all
service commitments are fulfilled in a timely manner.
12.0 Revenue Control. The selected Vendor shall be responsible for installing
City approved fare collection boxes and the collecting and counting of all required
bus fare categories pertaining to Fixed -Route #3 revenue service operation. All
transit fare revenue shall remain the property of the City and must be remitted to
the City every week by the selected Vendor. The transit fare revenue must be
controlled and accounted for in accordance with standard practices for cash
handling and fare retrieval.
07/27/99 11:41 AM Page 14
13.0 Service Management. The selected Vendor is responsible for the overall
management, effectiveness, and responsiveness of the operations, maintenance,
administration, and related service activities. In addition, the selected Vendor is
responsible for gathering, compiling and analyzing data and trends monthly (or
more frequently if required) for planning service improvements. The selected
Vendor must be able and willing to respond to the City's requests, attend periodic
coordination meetings, coordinate the development and measurement of goals, and
make decisions as required to ensure a safe, effective and efficient service
responsive to the needs and desires of the City.
14.0 Vehicle Operators. The Contractor shall ensure the drivers of this service
are highly reliable andare able to drive safely. They must clear a criminal history
check consistent with the City's established policy for employing bus operators.
Vehicle operators must adhere to all applicable standards, policies, and procedures
as outlined in the Yakima Transit Operators Manual effective March, 1, 1999.
Vehicle operators shall not smoke, eat or drink except on their scheduled breaks or
at designated meal times. At no time shall a vehicle operator stand or sit in a
parked vehicle and smoke, eat or drink nor shall they be allowed at any time to
smoke, eat or drink while operating the vehicle.
15.0 Planning and Scheduling Coordination. The selected Vendor shall
provide information to contribute to schedule revisions and to short and long range
planning and may be requested to collect data and perform miscellaneous surveys
from time to time used in assimilating information needed to successfully monitor
the service and clients and to respond to any and all federal, state, and local
reporting requirements.
The selected Vendor shall assist the City of Yakima Transit Division staff as
requested in service planning. Contributions may include describing mileage,
vehicle, or any other resource requirements needed to implement new or modified
service. This information may be used in budget preparation and in making
presentations.
16.0 Customer Relations. The selected Vendor is required to receive and
respond to customer contacts for information, comments, complaints, or service
request; etc. This includes, but is not limited to, monitoring and reporting the
quantity and nature of such contact, and the timeliness of the response.
17.0 Dispatch and Monitoring. The selected Vendor shall assign buses daily.
The selected Vendor shall track buses and employees in service on the assigned
route. The selected Vendor shall monitor and resolve street operation problems,
overloads, detours, and other similar service problems. The City has a no "missed
runs" policy that requires fill-ins for buses experiencing problems.
07/27/99 11:41 AM Page 15
18.0 Maintenance - Cleanliness . The selected Vendor shall provide all
personnel, transit buses, support vehicles, and other equipment necessary for the
day-to-day operation of Fixed -Route #3. The selected Vendor must also provide all
facilities, facility maintenance, fleet maintenance, parts inventory and bus cleaning
services necessary to .provide the fixed -route service.
Fleet maintenance must be appropriate for the type of vehicle, age of vehicle, miles
on vehicle, recommendations by the manufacturer 'and the type of fuel used in
operating the vehicle. Both preventive and corrective maintenance programs are
required. All buses must be thoroughly cleaned inside and out prior to each service
day and continuously maintained in a sanitary condition suitable for public
occupancy. The proposed maintenance and cleaning program must be reviewed and
approved by the City.
19.0 Finance. The selected Vendor shall provide for themselves accounting,
payroll, cash management investment, purchasing, and management information
services. The selected Vendor shall also prepare, furnish and/or submit Federal
Transit Administration National Transit Database reports, State Transit
Development Plan and Annual Summary Reports, financial statements,
disadvantaged business enterprise participation reports, and operating and
statistical analysis reports. The selected Vendor shall monitor, maintain fixed
assets inventory, and perform a complete inventory in accordance with federal,
state, and local requirements.
20.0 Data Gathering and Reporting Requirements. The selected Vendor
must collect data as required. Monthly reports are due on or before the 15th of the
following month; quarterly reports are due on or before the 15th of the month
following the quarter on a calendar year basis.
The selected Vendor shall provide access to the books, records, accounts and other
sources of information relevant to the Proposal and the operation of Fixed -Route #3
as requested by the City.
21.0 Human Resources. The selected Vendor shall be responsible for the
following human resource programs and procedures:
21.1 Hiring and Selection. The selected Vendor shall be responsible for all
hiring and selection of personnel, and corresponding wage and salary
administration necessary for the operation of Fixed -Route #3.
21.2 Affirmative Action and Anti -Discrimination . Responsibilities. The
selected Vendor shall maintain, update and review their Affirmative Action
Plan; and comply with all applicable federal, state and local anti-
discrimination laws, regulations and rules.
21.3 Safety Program. The selected Vendor shall provide a comprehensive,
on-going systematic review of the hazards involving machines, the
environment, and people and take the necessary action to avoid identifiable
hazards as part of the required services under this RFP.
08/11/99 11:51 AM Page 16
21.4 Accident and Iniury Prevention Requirements. The selected Vendor
shall provide the following accident and injury prevention measures
regarding operation of Fixed -Route #3:
• Monthly safety inspections
• Monthly Safety Committee meetings
• Annual review of vehicular and passenger accidents
• CDL license inspection
• Development and implementation of safety related training program
• Hazardous materials training
21.5 Vehicular/Employee Accident and Iniury Investigation. The selected
Vendor shall provide the following accident and injury investigation
measures regarding operation of Fixed -Route #3:
• Investigation of all accidents and injuries
• Interview supervisors and employees relative to accident/injuries
• Provide employee assistance in filling out reports in a timely manner
• Process claims through appropriate federal, state, or local agency
• Submit appropriate monthly, quarterly, and annual accident and
injury reports
21.6 Training Requirements. The selected Vendor shall provide professional
training services for transit bus operators and support staff necessary to
operate Fixed -Route #3. The following training establishes the minimum
training requirements for all vehicle operators prior to their being assigned to
regular revenue service on Fixed -Route #3:
• Route information
• Time cards, transfers, fares
• Use of two-way radio
• Pre -trip inspections
• Defensive driving and driving maneuvers
• Passenger relations
• State motor vehicle laws •
• Stress management
07/27/99 11:41 AM Page 17
The selected Vendor must make required ride -checks for all transit operators
on Fixed -Route #3. Ride -checks shall be randomly made on a regular basis.
These ride -checks shall concern the following issues:
• Pre -trip procedures
• Schedule adherence
• Driving habits
• Passenger relations
• General habits
• Bus maneuvering
Following any preventable accident, the operator involved must attend a
remedial driving workshop arranged and paid for by the selected Vendor that
includes:
• A review of the specific accident and its cause
• View a defensive driving film or videotape
• On the road reinforcement of defensive driving
07/27/99 11:41 AM Page 18
Exhibit "C"
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
(1) The Primary Participant, P\'E l\ MC5TbRC-C)Ci4 . , certifies to the best of
its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency.
(b)
Have not within a three-year period preceding this proposal been convicted or had a
civil judgement rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction; violation of Federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or, receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any offenses
enumerated in paragraph (2) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
(2) The Applicant also certifies that if, later, it becomes aware of any information contradicting
the statements of paragraphs (a) through (d) above, it will promptly provide that information to FTA.
(3) If the Applicant (Primary Participant) is unable to certify to the statements within
paragraphs (1) and (2) above, it shall indicate so on the Signature page and provide a written
explanation to FTA.
THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT), ik ` A%
MOrbe-CQ\CM =PJC- , CERTIFIES OR AFFIRMS THE, TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT
THE PROVISI! ► OF 31 U.S.C. §§ 3801 ET SEQ. ARE APPLICABLE THERETO.
Sig
ture & Title of Authorized Official
The under igneounel f9 r Pk'STZ gc.ocWGH , hereby certifies that
the to t m /f S5tS (entity) , has authority under
state and to al law to comply with the subject assurances and that the certification has been legally
made.
Signature f Applicant's Attorney
Date
07/27/99 11:41 AM Page 20
Exhibit "B"
Fixed -Route #3 MAP
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07/27/99 12:35 PM
Page 19
Exhibit "D"
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
The undersigned 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 any agency, a Member 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 any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification or any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds than the Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, 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.
(3)
The undersigned will require that the language of this certification be
included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed
when this transaction was made or entered into. Submission of this certification is
the prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $
100,000 for each such failure.
Executed this day of 1999
By
Name and Title
07/27/99 11:41 AM Page 21
Exhibit "E"
Bid
REQUEST Contractor's T AN ORDER
CITY OF YAKIMA - PURCHASING DIVISION
129 NORTH 2ND STREET
YAKIMA, WASHINGTON 98901
PHONE 575-6093
BID NUMBER: 19914 BIDS RECEIVED UNTIL:2:00 PM. July 1.1999
DATE: June 4. 1999
PROPOSAL OPENING: 2:00 PM. July 1.1999
BIDDER:
ADDRESS:
A & A Motorcoach
2410 S 26th Ave
Yakima WA 98902
You MUST BID your LOWEST PRICE for at least ONE PAIR of the per hour / lump sum
alternatives (1-2) or (3-4) listed or YOUR LOWEST PRICE on all the alternatives listed.
REQUIRED as part of THE BID SUBMITTAL PACKAGE is a FINANACIAL STATEMENT listing
all Agency assets and liabilities and the Agency's ACCIDENT HISTORY for the last three years.
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND TO ACCEPT ANY OR
ALL ITEMS AT THE PRICE QUOTED.
DESCRIPTION
The City of Yakima Public Works Department, Transit Division, is requesting Bids for a
demonstration project to provide a single fixed -route service within the corporatelimits of the City of
Yakima. The attached sample Agreement and Scope of Work explains the service and conditions
required to successfully carry out the work.
SCHEDULE I, FIXED ROUTE #3
The contracting agency agrees to provide fixed -route service at a rate of:
1. $ 4 4 . 5 0 Per hour with no City support services.
2. $ 1 41 , 7 31 . 2 Qinuai not to exceed lump sum amount with no City support services.
*This amount is based on 260 days of service @ $545.12 per day
3. $ 0 Per hour with the City providing the spare vehicle and all fuel at City cost.
4. $ 0 Annual not to exceed lump sum amount with the City providing the spare
vehicle and all fuel at City cost.
The contracting agency must maintain for the duration of the Agreement public liability and
property damage insurance consistent with the terms of the attached sample Agreement. The policy
must provide for thirty- (30) day cancellation notice to the City if cancelled or altered by either party.
A certificate of such insurance must be provided to the City Purchasing Manager at the time of
execution of the Agreement.
The City of Yakima reserves the right to reject any and all bids or accept any present that meet or
exceed the specifications and that would be in the best interest of the City. The City shall not
necessarily be bound to accept the low bid.
07/27/99 2:24 PM
Page 22
REQUEST FOR BIDS - NOT AN ORDER
BID NO. 19914
DESCRIPTION
Bids shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street,
Yakima, Washington 98901, by 2:00 PM on July 1,1999 in a sealed envelope labeled Bid No.
19914 with the due date and time of opening written on it. If you plan on attending the
bid opening, DO NOT BRING THE BID INTO THE OPENING ROOM WITH YOU. It must
be received and date stamped by the City Clerk's Office.
TO THE PURCHASING MANAGER OF THE CITY OF YAKIMA:
DATE: 06/30/99 , SIGNE
COMPANY:
ADDRESS:
A&A Motorcoach, Inc.
2410 S 26th Ave
Yakima WA 98903
TELEPHONE NUMBER: 575-3676
FAX NUMBER: 575-1523
07/27/99 2:25. PM Page 23
erman, President
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I (
For Meeting of 8/17/99
ITEM TITLE: Resolution authorizing the execution of an agreement with A & A
Motor Coach for transit service demonstration on Route #3
Mead/fruitvale
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager/575-6005
SUMMARY EXPLANATION: This contract is to provide fixed route transit service on
Route #3 Mead/Fruitvale during a one-year demonstration period. At the
completion of the contract the City Council can decide how to proceed with regard
to continued service contracting based upon cost, service, and public acceptance.
Two local companies made proposals on the contract. Proposals were reviewed for
completeness by staff, and the Council Transit Committee has reviewed the
proposals and interviewed representatives of the two companies. The Transit
Committee recommends award of the contract to A & A Motor Coach for a bid of
$44.50 per vehicle service hour or $141,731.20 for the year. The service
demonstration period is planned to begin October 4, 1999.
This contract helps us take the next step in the implementation of a Transit Task
Force recommendation, a project to which the Council has given a high priority.
EXHIBITS
Resolution X Ordinance Contract X Other (Specify)
Funding Source: Transit Division Operating Budget
APPROVED FOR SUBMITTAL:
City anager
STAFF RECOMMENDATION: Concur with Transit Committee recommendation
TRANSIT COMMITTEE RECOMMENDATION: Approve resolution authorizing execution of
contract with A & A Motor Coach
COUNCIL ACTION:
FIXED -ROUTE # 3 TRANSPORTATION
PROVIDER AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is entered into this "7 0 day
of,,�f&esu., , 1999, by and between the City of Yakima, Washington, hereinafter
called "the City," through the Department of Public Works, Transit Division, 2301
Fruitvale Blvd., Yakima, Washington 98901, and, A & A Motorcoach, Inc.,
hereinafter called the "Contractor."
Whereas, the City desires to engage a private contractor to operate "Transit
Fixed -Route #3".
Whereas, the Contractor is willing to operate "Transit Fixed -Route #3" in
accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the
Contractor as follows:
1. Purpose of Agreement. The Agreement purpose is to provide a
demonstration project for furnishing fixed -route transportation for Transit Fixed
Route #3 for one (1) year within the corporate limits of the City of Yakima.
2. Scope of Services. The Contractor shall operate Transit Fixed Route #3 in
accordance with the policies, specifications, requirements, terms and conditions
provided in this Agreement; the Scope of Services, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by this reference; Map of Transit
Fixed Route #3, a copy of which is attached hereto as Exhibit "B" and incorporated
by this reference; the Bid Instruction and Conditions, a copy of which is attached
hereto as Exhibit "C" and incorporated herein by this reference; and the
Contractor's Bid, dated June 30, 1999 ("Bid"), a copy of which is attached hereto as
Exhibit "E" and incorporated herein by this reference.
3. Resolution of Conflicting Language. Any inconsistencies or conflicts
between the language of this Agreement, the Bid Instructions and Conditions, and
the Bid shall be resolved in the following order: the language of the Agreement shall
prevail over the language of the Bid Instructions and Conditions and the Bid; and
the language of the Bid Instructions and Conditions shall prevail over the language
of the Bid.
4. Term of Agreement. This Agreement shall become effective upon full and
complete execution by the City and the Contractor and shall terminate at midnight
on '>_ KT: : _ . , ?_:'-1.: 2000, unless terminated earlier by either party in accordance
with Section '33 of this Agreement.
5. Payment. The City agrees to pay the Contractor compensation for transit
services provided under this Agreement on a bimonthly basis. Accordingly, the
07/27/99 11.41 AM Page 1
Contractor shall provide the City an invoice on the 15th day of each month for all
transit services provided to the City during the first half of the respective month;
the Contractor shall provide the City another invoice on the last day of each month
for all transit services provided to the City during the second half of the respective
month. Additionally, the Contractor shall also provide the City with a monthly
financial statement on or by the 10th day of each month with regard to the financial
status of the Contractor during the preceding month. The City shall pay the
Contractor within fifteen (15) calendar days of receipt of an approved invoice.
Charges disputed by the City shall be separated from the invoice and the
undisputed portion shall be paid.
6. Liquidated Damages. The parties agree that it is very difficult to ascertain
the damages that will be caused in the event that the Contractor breaches this
Agreement by not providing the transit services required hereunder. Consequently,
the parties further agree that in such event, imposition of liquidated damages
against the Contractor is appropriate. The parties hereby agree and stipulate that
the Contractor shall pay the City liquidated damages in the amount of Seventy -Five
Dollars ($75.00) per hour with a maximum of Nine Hundred and Thirty -Seven
Dollars and Fifty Cents ($937.50) per day in the event of such breach. The parties
agree that said liquidated damages are a reasonable forecast of just compensation
to the City for such breach. The parties further agree that any liquidated damages
that are imposed pursuant to this Agreement may be, .at the City's discretion,
directly deducteddeducted by r..;+.(7 fromtheany compensation otherwise due and owing to
the Contractor.
The following example is provided for illustrative purposes of application of the
liquidated damages clause:
Contractor is unable to provide transit services for one day of
scheduled services due to the fact that Contractor's transit vehicles are
inoperable. City is forced to provide said transit services using its own
transit vehicles and personnel. Consequently, City is entitled to
liquidated damages from Contractor for the entire day. Contractor
must pay City liquidated damages of $937.50. The City deducts the
sum from the compensation otherwise due and owing to the Contractor
for previously provided transit services.
This provision shall not serve as a limitation upon other damages that may be
available to the City for breach of this Agreement andJor available under statutory
or common law.
7. Training. All vehicle operators employed by the Contractor and/or its
subcontractors and utilized to provide transportation services under this Agreement
must, as a minimum, possess and maintain the following:
A valid Washington State Driver's License,
• A valid Commercial Driver's License/Endorsement,
• A Cardio -Pulmonary Resuscitation (CPR) Card; and;
• A Basic First Aid Card.
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All vehicle operators must receive:
• Training in passenger handling techniques,
• Sensitivity in dealing with elderly and handicapped persons, and;
• Vehicle and personal safety training on an ongoing basis.
These and other suitable forms of training must be documented and all subsequent
employee -training records kept current for the life of this Agreement.
8. Drug and Alcohol Testing. The Contractor must comply with all applicable
provisions of 49 CFR Part 40 and all other applicable federal regulations pertaining
to the testing of employees in safety sensitive positions for use of controlled
substances and alcohol. The Contractor must either participate in the City's testing
program at cost or establish its own testing program that complies with all
applicable federal regulations.
9. Data Collection and Reporting. The Contractor must collect and report
both financial and non-financial operating data in accordance with established
procedures, or as modified from time to time, by the City. The Contractor, at a
minimum, must be able to track, produce, and deliver monthly and annual
operating statistics in a computer file format compatible with that of the City. All
required records must be kept current for the term of this Agreement and furnished
on demand, at no extra charge to the City.
10. Maintenance and Access to Financial Records, The Contractor must
maintain fiscal records pertaining to the transportation services provided under this
Agreement in accordance with generally accepted accounting principles that are
consistent with the methods of financial reporting used by the City,
The Contractor shall make all records pertaining to transportation services
provided under this Agreement available for examination, inspection, and copying
to federal, state, and/or local authorized personnel during the term of this
Agreement and for a period of three (3) years following the termination of this
Agreement.
In the event that such examination or inspection reveals any discrepancy in such
financial records, the Contractor shall provide the examining/inspecting agency and
the City with an appropriate written clarification and/or perform a satisfactory
financial correction within fifteen (15) calendar days of notification of the
discrepancy.
11. Transit Fare Revenue. The Contractor shall be responsible for collecting
and counting all required bus fare categories pertaining to the operation of Transit
Fixed -Route #3. All bus fare revenue is the property of the City and must be
remitted by the Contractor to the City once every week. The bus fare revenue must
be controlled and accounted for in accordance with the City's established practices
for cash handling and bus fare retrieval, including the use of a City approved fare
collection box.
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12. Safeguarding of Information. The Contractor's use or disclosure of
confidential information concerning any participant, recipient, or client for any
purpose with respect to the contracted activities provided under this Agreement is
prohibited except on written consent of the City, participant, recipient, or client,
their attorney or their responsible parent or guardian, or as otherwise provided by
law.
13. Non -Discrimination in Contracted Activities/Services. The Contractor
shall not discriminate on the grounds of race, creed, color, sex, religion, national
origin, marital status, political affiliation, status as a Vietnam era veteran, age or
the presence of any sensory, mental or physical disability in violation of any
applicable federal, state, or local law and/or regulation. This provision shall include,
but not be limited to, the following. employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of contracted
activities/services under this Agreement. The Contractor further agrees to insert a
provision similar to this clause in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
14. The Americans with Disabilities Act. The Contractor agrees to comply
with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA),
and its implornor,ting regulations with regard to the activities and services provided
pursuant to this Agreement. The ADA provides comprehensive civil rights to
individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services, and telecommunications.
15. Title VI Civil Rio,hts Act of 1964. The Contractor shall comply with and
shall assure under this Agreement with all the requirements imposed by Title VI of
the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the federal
Department of Transportation issued thereunder, 49 CFR Part 21, as they may be
amended from time to time.
a. Compliance with Regulations. With regard to services provided under
this Agreement, the Contractor shall comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the DOT Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulation).
b. Nondiscrimination. The Contractor, with regard to the work performed
pursuant to this Agreement, shall not discriminate on the grounds of race,
religion, color, sex, age, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
The Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
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c. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract pertaining to services to be provided under this Agreement,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Agreement and the Regulations relative
to nondiscrimination on the grounds of race, religion, color, sex, age, or
national origin.
d. Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the City, or the
Federal Transportation Administration (FTA) to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
required information is in the exclusive possession of another who fails or
refuses to furnish this information, the Contractor shall so certify to the
recipient, or the FTA, as appropriate, and shall set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance. In the event of the Contractor's non-
compliance with the nondiscrimination provisions of this Agreement, the City
shall impose such contract sanctions as it or the FTA may determine to be
appropriate, including, but not limited to:
i. Withholding of payments to the Contractor under the
Agreement, in whole or in part; and/or
ii. Agreement cancellation, termination, or suspension in
whole or in part.
f. Incorporation of Provisions. The Contractor shall include the
provisions of paragraphs (a) through (f) of this Section in every subcontract
pertaining to services to be provided under this Agreement, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the City or the
FTA may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that, in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interests of the United
States.
16. Disadvantaged Business Enterprise Participation.
a. Policy. It is the policy of the United States Department of
Transportation (hereinafter DOT) that disadvantaged business enterprises as
07/27/99 11:41 AM Page 5
defined in 49 CFR Part 26 shall have an opportunity to participate in the
performance of contracts financed in whole or part with federal funds.
Consequently, the DOT requirements of 49 CFR Part 26 applies to this
Agreement.
b. United States DOT Obligation. The Contractor, sub recipient or
subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Agreement. The Contractor shall
carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT -assisted contracts. Failure by the Contractor to carry
out these requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as the City
deems appropriate.
c. DBE Goal. The City has an overall goal of ten percent (10%)
participation by Disadvantaged Business Enterprises (DBE). The Contractor
will seek opportunities to do business with DBE organizations. DBE
participation will be regularly reported to the City on a timing and format to
be determined by the City.
d. Prompt Payment Requirement. In accordance with 49 CFR Section
26.29, the Contractor agrees to pay each subcontractor, if any, under this
Agreement for satisfactory performance of its subcontract no later than
fifteen (15) calendar days from the receipt of each payment the Contractor
receives from the City. The Contractor agrees further to return retainage
payments to each subcontractor within fifteen (15) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement
of payment from the above referenced• time frame may occur only for good
cause following written approval of the City. This clause applies to both DBE
and non -DBE subcontractors.
17. Equal Employment Opportunity. In connection with the execution of this
Agreement, the contractor shall not discriminate against any employee or applicant
for employment because of race, religion, creed, color, sex, age, or national origin.
The contractor shall take affirmative action to ensure the hiring of applicants and
treatment of employees during employment is conducted without regard to their
race, religion, creed, color, sex, age, or national origin or presence of any physical
handicap. Such action shall include, but not limited to the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor further agrees to
insert similar provisions in all subcontracts, except those for standard commercial
supplies or raw materials.
18. Conservation, The Contractor shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the Washington State
Energy Conservation Plan issued in compliance with the Energy Policy and
Conservation Act (42 USC § 6321 et seq.)
07/27/99 11:41 AM Page 6
shall report violations to FTA and to the USEPA Assistant Administrator for
Enforcement.
20. Air Pollution. The Contractor may be required to submit evidence to the
City that the governing air pollution criteria will be met. The City shall retain all
evidence and related documents for on-site examination by FTA.
21. Certification Regarding Debarment, Suspension, and Other
Responsible Matters. Pursuant to Executive Order 12549 and federal regulations
in 49 CFR 29, entities and individuals that are debarred or suspended by the
federal government are excluded from obtaining federal assistance funds under this
contract. To assure that such entities and individuals are not involved as
participants on the FTA financed Contract, each contractor shall complete and
submit, as part of the bid the Certification contained in Exhibit "C". Failure to
submit a Certification or an explanation may be grounds for disqualification.
The Certification is a material representation of fact upon which reliance is placed
in determination of award of Contract. If it is determined the Contractor knowingly
rendered an erroneous certification; the City may terminate the Agreement for
cause of default, in addition to other remedies available including FTA suspension
and/or debarment.
If applicable, the Contractor shall require each subcontract with an entity or person
such Certification. Each subcontract, regardless of tier, shall contain a provision
that the subcontractor shall not knowingly enter into any lower tier subcontract
with a person or entity that is debarred, suspended or declared ineligible from
obtaining federal assistance.
22. Disclosure of Lobbying Activities. The Contractor and sub -tier
contractors are prohibited from using federal funds, other than profits from a
federal contract, from lobbying Congress or any federal agency in connection with
an award of a particular contract. The law requires the Contractor and sub -tier
contractors (1) to certify that they have neither used nor will use any appropriated
funds for payments to lobbyists, (2) to disclose the name, address, payment details,
and purpose of any agreement with lobbyists whom the Contractor and sub -tier
contractors will pay with profits or non -appropriated funds and, (3) file quarterly
updates about the use of lobbyists if material changes occur in their use. The
necessary certification is attached hereto as Exhibit "D" and incorporated herein by
this reference.
23. Independent Contractor Status, The parties agree that an independent
contractor relationship is created by this Agreement. The performance of contracted
activities and services and the results to be achieved are solely the responsibility of
the Contractor. The Contractor will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors, or otherwise,
during the performance of this Agreement. However, the results of the activities
and services contemplated herein must meet the approval of the City and shall be
subject to the City's general rights of inspection and review to secure the
satisfactory completion thereof.
08/11/99 11.36 AM Page 7
during the performance of this Agreement. However, the results of the activities
and services contemplated herein must meet the approval of the City and shall be
subject to the City's general rights of inspection and review to secure the
satisfactory completion thereof.
Additionally, under this Agreement, no agent, employee, servant, representative, or
subcontractor of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City for any purpose. The agents, employees, servants,
representatives, or subcontractors of the Contractor are not entitled to any of the
benefits (i.e., social security, deferred compensation, retirement benefits, health
care benefits) which the City provides for City employees.
24. Indemnification and Hold Harmless. Contractor agrees to protect,
defend, indemnify, and hold harmless the City, its elected officials, agents, officers,
and employees from and against any and all claims, damages, demands, losses,
liens, liabilities, lawsuits, and other proceedings and all judgments, awards,
penalties, fines, costs and expenses (including reasonable attorneys' fees and
disbursements) that result from, arise out of, or are in any way connected with the
contracted activities to be performed by the Contractor or its subcontractors under
this Agreement.
25. Performance Bond/Letter of Credit. On or before the date this Agreement
is fully executed by the parties, the Contractor shall provide the City a letter of
credit, a performance bond or other such acceptable security in the amount of 25%
of the proposal price. This must be presented in such form and with such sureties or
guarantors as are satisfactory to the City. The letter of credit, performance bond or
other security shall secure fulfillment of all the duties, services, and obligations
required under the Agreement.
26. Insurance. The Contractor shall obtain and maintain the minimum
insurance set forth below. By requiring such minimum insurance, the City shall not
be deemed or construed to have assessed the risks that may be applicable to the
Contractor. The Contractor shall assess its own risks and, if deemed appropriate
and/or prudent, maintain greater limits and/or broader coverage.
a. Commercial Liability Insurance. On or before the date this Agreement
is fully executed by the parties, the Contractor shall provide the City with a
certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) combined
single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the
certificate to the effect of "this certificate is issued as a matter of information
only and confers no right upon the certificate holder" shall be deleted). Said
policy shall be in effect for the duration of the contract. The policy shall name
the City, its elected officials, officers, agents, and employees as additional
insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior
written notice (any language in the clause to the effect of "but failure to mail
07/27/99 11.41 AM Page 8
such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
b. Commercial Vehicle Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Contractor shall provide the
City with a certificate of insurance as proof of commercial vehicle liability
insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that
the insurer will not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice (any language in the clause
to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
c. Primary Insurance. The insurance provided by the selected Vendor
hereunder will be primary insurance with respect to the City. Maintenance of
the insurance levels as stated and required hereunder shall not limit the
selected Vendor's responsibility for any claims in excess of said insurance
levels.
d. Workers Compensation. Contractor agrees to pay all premiums
provided for by the Workman's Compensation Act of the State of Washington.
Evidence of Contractor's workers compensation coverage will be furnished to
the City.
e. Subcontractors Must Satisfy Insurance Requirements. The Contractor
shall ensure that all subcontractors it utilizes for work/services required
under this Agreement shall comply with all of the above insurance
requirements.
27. No Insurance provided by the City. It is understood the City does not
maintain liability insurance for the Contractor and/or its officers, employees, agents
and/or subcontractors.
28. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by the Contractor to any
other person or entity without the prior written consent of the City. In the event
07/27/99 11:41 AM Page 9
that such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Contractor as stated herein.
29. Non -Waiver. The waiver by the Contractor or the City of the breach of any
provision of this Agreement by the other party shall not operate or be construed as
a waiver of any subsequent breach by either party or prevent either party thereafter
enforcing any such provision.
30. Integration and Modification. This written document constitutes the
entire agreement between the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind
any of the parties hereto. No change or addition to this Agreement shall be valid or
binding upon either party unless such change or addition is in writing and executed
by both parties.
31. Severability. The parties agree that if any part, term, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal, the validity of
the remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provisions held to be invalid.
If any provisions of this Agreement are in conflict with any federal law, rule or
regulation or with any law, rule, regulation or statutory provision of the State of
Washington, the conflicting provisions shall be deemed inoperative and null and
void insofar as they may be in conflict, and shall be deemed modified to conform to
lawful provisions, so as to give them as much effect as legally possible.
32. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of
this Agreement and shall be binding on the parties to this Agreement.
33. Termination of Agreement. In the event the either party fails to perform
and/or breaches any requirement, obligation, duty, term and/or condition of this
Agreement; the other party may terminate this Agreement by giving written notice
of intention to terminate to the non-performing/breaching party. Said notice shall
describe the nature of the non-performance/breach. If the Contractor corrects the
non-performance/breach to the satisfaction of the other party within fifteen (15)
calendar days after such notice is given, then this Agreement shall not be
terminated on that ground. If the non-performing/breaching party fails to correct
the non.perfnrmAnrP to the satisfaction of the other party within the fifteen (15)
calendar day period, then this Agreement shall terminate upon the party giving
final written notice of termination to the non-perfnrmingThrpnching party.
Additionally, the parties may mutually agree to terminate this Agreement at any
time.
34. Notices. Unless stated otherwise, all notices and demands shall be in writing
and sent or hand -delivered to the named parties at their addresses as follows:
07/27/99 11:41 AM Page 10
To City:
To Contractor:
Sue Ownby, Purchasing Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
R E Ammerman, President
A & A Motorcoach, Inc.
PO c'—)x 364
Yakima, WA
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid or
hand -delivered. Such notices shall be deemed effective when mailed or hand -
delivered at the addresses specified above.
35. Governing Law. This Agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is understood and
agreed that this Agreement shall be governed by laws of the State of Washington
both as to interpretation and performance.
36. Stipulation of Venue. Any action at law, suit in equity, or other judicial
proceeding regarding the enforcement or breach of this Agreement or any provision
hereof, shall be instituted and maintained in the Superior Court of Washington for
Yakima County, Washington.
37. Warranty. The Contractor represents and warrants by its submission that it
has sufficiently informed itself in all matters affecting the performance of the work
or the furnishing of the labor, services, supplies, materials, equipment called for in
this bid request. Further, the Contractor warrants that it has checked its proposal
for errors and omissions and the prices stated are correct as intended and is a
complete and correct statement of its prices for providing the labor, services,
supplies, materials, or equipment required in the bid request.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year first above written.
CITY OF YAKIMA A & A MOTORCOACH, INC.
By: By:
R. A. Zais, Jr., City Manager R E Ammerman, President
ATTEST:
City Contract No. 99-93
Resolution No. R-99-109
City Clerk
07/27/99 11:41 AM Page 11
Exhibit A
Scope of Services
1.0 Introduction. The City's aim is to provide an effective and efficient public
transportation system in order to enhance the local transportation capacity; to
reduce traffic congestion, air pollution, and the use of petroleum fuels; and to
improve the overall quality of life in the urban area. The goals are:
• To provide a high quality, safe, and secure public transportation system thatis accessible to the greatest number of people,
• To operate as effectively as possible to attract the greatest number of
passengers,
• To operate as efficiently and economically as possible to provide service at the
lnwest cost to both TIRARA igp "•7 d� Ayers
• To achieve effective communication with passengers, the public, the media,
and community leaders, and;
• To plan and develop capital improvement projects in concert with community
development objectives to enhance the efficiency, effectiveness, and capacity
of public transportation.
The transit system adheres to a set of objectives that progress towards achieving
these goals that can be measured. These objectives fall into four broad categories
that address level of service, efficiency and economy, safety, and communications.
In terms of level of service, the system seeks to reach the greatest number of
potential riders by initiating new or improved transit service when and wherever
possible operating in concert with passenger demand.
Among the several ways a transit system's productivity can be enhanced are
through reduced operating costs, simplified fare structures, coordinated fixed -route
and special need transportation services, improved operating efficiency, and
involving private resources in the provision of public transportation.
The safety of passengers and employees is sought by having well maintained
vehicles and equipment and through regular monitoring.
Good public communication is an important transit system responsibility in terms
of publicizing all transit services and obtaining valuable inform at_inn about
transportation demand and passenger needs. Establishing an effective marketing
program and incorporating community input helps promote transit use.
The successful Contractor is expected to make every effort to achieve these stated
goals and objectives.
07/27/99 11.41 AM Page 12
2.0 Overview of Fixed -Route Service Schedule in the City. A publicly
funded fixed -route transit service is provided within the city limits of Yakima. The
transit system consists of 9 fixed -routes operating Monday — Saturday with varying
levels of scheduled service hours throughout each day. Fixed -route service is
generally provided between the hours of 6 A.M. and 7 P.M.
The City of Yakima is responsible for establishing all policy and the overall
supervision of the City's public transit system. In addition to regular fixed -route
service, paratransit (ADA) service is also provided under a private provider
contract. The City regards each of the two service modes as an integrated system of
local pubic transportation.
3.0 Fixed -Route #3 Service Purpose. Fixed -Route #3 (Mead/Fruitvale) is
intended to operate essentially the reverse of Fixed -Route #4 (Fruitvale-Mead).
Fixed -Route #3 serves the Employment Security Office, Southgate Shopping Center,
Hoover Elementary School, Yakima Valley Community College, Larson and Milroy
Parks, Juvenile Justice Center, DSHS, Public Works Complex, City Hall, and the
Regional Library.
4.0 Fixed -Route #3 Route Description. A map of Fixed -Route #3 is attached
hereto as part of the RFP. Fixed -Route #3 begins at the Downtown Transit Transfer
Center and proceeds south on South 4th St., to East Walnut St., then west on East
Walnut St. to South 3rd Ave., south on South 3rd Ave. to West Mead Ave., then west
on West Mead Ave. to South 16th Ave., then north on 16th Ave. to West J St., then
west on West J St. to North 21st Ave., south on North 21st Ave. to Fruitvale
Boulevard, west on Fruitvale Boulevard to River Road then, east on River Road to
North 20th Ave. and then south on North 20th Ave. to Jerome Ave. then east on
Jerome Ave. to North 16th Ave. then South on North 16th Ave. to West Lincoln Ave.
then east on West Lincoln Ave. to Pierce Ave. then South on Pierce Ave. to West B
St., east on West B St. to North 3rd St and south on North 3rd St. to East Chestnut
St. to Downtown Transit Transfer Center.
5.0 Service Hours, Days, and Frequency for Fixed -Route #3. The operating
hours are approximately from 7 A.M. until 7 P.M. weekdays. There is no scheduled
Saturday or Sunday service. The frequency of weekday service shall be hourly.
6.0 Scheduled Hours and Miles for Fixed -Route #3. The daily scheduled
hours for operating Fixed -Route #3 service is 12.25 hrs. The daily scheduled miles
for operating Fixed -Route #3 service is 132.2 miles
7.0 Fleet Vehicles. Buses must at a minimum be rated as light duty vehicles
with a capacity to carry 17 or more passengers. The buses must meet all federal
requirements to be accessible to persons with disabilities ("ADA accessible"). The
buses must be lift -equipped and have appropriate wheelchair tie -down devices
installed. The buses must be provided with bicycle carriers of the same or similar
make and model used by City of Yakima Transit Division.
07/27/99 11:41 AM Page 13
The buses must be equipped with suitable heating and air conditioning systems
that meet Yakima Transit's operating specifications for reliability and passenger
comfort during the cold winter and hot summer months.
It is desirable that the buses have an exterior paint scheme similar to that of the
City of Yakima Transit Division. An illustration or picture showing the paint
scheme utilized on City buses will be provided on request to the successful Vendor.
If or when providing for exterior and interior advertising is contemplated on the
vehicle, for no matter what purpose, this provision for placing advertising on the
vehicle shall be subject to negotiations and final approval by the City.
8.0 Type of Operation. The entire transit system functions under a radial,
timed transfer concept. This concept is used in the majority of smaller transit
systems to minimize transfer times and service costs while maximizing service area
coverage. Fixed -Route #3 has been designed, like the other transit system's fixed -
routes, to serve the greatest area in the least amount of time. The route must have
continuous movement with assigned designated layover points and times. Operators
must be relieved without delay. Vehicles experiencing accidents, breakdowns, or
other delays exceeding 10 minutes must be replaced so there is not a substantial
disruption of public transit service.
9.0 Service Changes. The City reserves the right to add, delete, change, and
make service modifications including but not limited to: miles operated, hours of
operation, days of operation, public relations or special event operations, etc. The
successful Vendor must fully and immediately implement City requests related to
the fixed -route service. The City and the selected Vendor shall negotiate all
compensation for implemented changes.
10.0 Radio Communications. All revenue service equipment must have two-
way radios compatible with the City of Yakima's two-way radio system. The
selected Vendor shall be responsible for maintaining continuous contact with all
operating activities.
11.0 Road Supervision. The selected Vendor shall provide road supervision to
monitor fixed -route operators, the traveling public, and street operation activities
and to coordinate with the City of Yakima Transit Division. The Contractor shall
assist with special events or special needs, accidents, detours, and to assure all
service commitments are fulfilled in a timely manner.
12.0 Revenue Control. The selected Vendor shall be responsible for installing
City approved fare collection boxes and the collecting and counting of all required
bus fare categories pertaining to Fixed -Route #3 revenue service operation. All
transit fare revenue shall remain the property of the City and must be remitted to
the City every week by the selected Vendor. The transit fare revenue must be
controlled and accounted for in accordance with standard practices for cash
handling and fare retrieval.
07/27/99 11:41 AM Page 14
13.0 Service Management. The selected Vendor is responsible for the overall
management, effectiveness, and responsiveness of the operations, maintenance,
administration, and related service activities. In addition, the selected Vendor is
responsible for gathering, compiling and analyzing data and trends monthly (or
more frequently if required) for planning service improvements. The selected
Vendor must be able and willing to respond to the City's requests, attend periodic
coordination meetings, coordinate the development and measurement of goals, and
make decisions as required to ensure a safe, effective and efficient service
responsive to the needs and desires of the City.
14.0 Vehicle Operators. The Contractor shall ensure the drivers of this service
are highly reliable and are able to drive safely. They must clear a criminal history
check consistent with the City's established policy for employing bus operators.
Vehicle operators must adhere to all applicable standards, policies, and procedures
as outlined in the Yakima Transit Operators Manual effective March, 1, 1999.
Vehicle operators shall not smoke, eat or drink except on their scheduled breaks or
at designated meal times. At no time shall a vehicle operator stand or sit in a
parked vehicle and smoke, eat or drink nor shall they be allowed at any time to
smoke, eat or drink while operating the vehicle.
15.0 Planning and Scheduling Coordination. The selected Vendor shall
provide information to contribute to schedule revisions and to short and long range
planning and may be requested to collect data and perform miscellaneous surveys
from time to time used in assimilating information needed to successfully monitor
the service and clients and to respond to any and all federal, state, and local
reporting requirements.
The selected Vendor shall assist the City of Yakima Transit Division staff as
requested in service planning. Contributions may include describing mileage,
vehicle, or any other resource requirements needed to implement new or modified
service. This information may be used in budget preparation and in making
presentations.
16.0 Customer Relations. The selected Vendor is required to receive and
respond to customer contacts for information, comments, complaints, or service
request; etc. This includes, but is not limited to, monitoring and reporting the
quantity and nature of such contact, and the timeliness of the response.
17.0 Dispatch and Monitoring. The selected Vendor shall assign buses daily.
The selected Vendor shall track buses and employees in service on the assigned
route. The selected Vendor shall monitor and resolve street operation problems,
overloads, detours, and other similar service problems. The City has a no "missed
runs" policy that requires fill-ins for buses experiencing problems.
07/27/99 11:41 AM Page 15
18.0 Maintenance - Cleanliness The selected Vendor shall provide all
personnel, transit buses, support vehicles, and other equipment necessary for the
day-to-day operation of Fixed -Route #3. The selected Vendor must also provide all
facilities, facility maintenance, fleet maintenance, parts inventory and bus cleaning
services necessary to provide the fixed -route service.
Fleet maintenance must be appropriate for the type of vehicle, age of vehicle, miles
on vehicle, recommendations by the manufacturer and the type of fuel used in
operating the vehicle. Both preventive and corrective maintenance programs are
required. All buses must be thoroughly cleaned inside and out prior to each service
day and continuously maintained in a sanitary condition suitable for public
occupancy. The proposed maintenance and cleaning program must be reviewed and
approved by the City.
19.0 Finance. The selected Vendor shall provide for themselves accounting,
payroll, cash management investment, purchasing, and management information
services. The selected Vendor shall also prepare, furnish and/or submit Federal
Transit Administration National Transit Database reports, State Transit
Development Plan and Annual Summary Reports, financial statements,
disadvantaged business enterprise participation reports, and operating and
statistical analysis reports. The selected Vendor shall monitor, maintain fixed
assets inventory, and perform a complete inventory in accordance with federal,
state, and local
20.0 Data Gathering and Reporting Requirements. The selected Vendor
must collect data as required. Monthly reports are due on or before the 15th of the
following month; quarterly reports are due on or before the 15th of the month
following the quarter on a calendar year basis.
The selected Vendor shall provide access to the books, records, accounts and other
sources of information relevant to the Proposal and the operation of Fixed -Route #3
as requested by the City.
21.0 Human Resources. The selected Vendor shall be responsible for the
following human resource programs and procedures:
21.1 Hiring and Selection. The selected Vendor shall be responsible for all
hiring and selection of personnel, and corresponding wage and salary
administration necessary for the operation of Fixed -Route #3.
21.2 Affirmative Action and Anti -Discrimination Responsibilities. The
selected Vendor shall maintain, update and review their Affirmative Action
Plan; and comply with all applicable federal, state and local anti-
discrimination laws, regulations and rules.
21.3 Safety Program. The selected Vendor shall provide a comprehensive,
on-going systematic review of the hazards involving machines, the
environment, and people and take the necessary action to avoid identifiable
hazards as part of the required services under this RFP.
08/11/99 11.51 AM Page 16
21.4 Accident and Iniury Prevention Requirements. The selected Vendor
shall provide the following accident and injury prevention measures
regarding operation of Fixed -Route #3:
• Monthly safety inspections
• Monthly Safety Committee meetings
• Annual review of vehicular and passenger accidents
• CDL license inspection
• Development and implementation of safety related training program
▪ Hazardous materials training
21.5 Vehicular/Emplovee Accident and Iniury Investigation. The selected
Vendor shall provide the following accident and injury investigation
measures regarding operation of Fixed -Route #3:
• Investigation of all accidents and injuries
• Interview supervisors and employees relative to accident/injuries
• Provide employee assistance in filling out reports in a timely manner
• Process claims through appropriate federal, state, or local agency
• Submit appropriate monthly, quarterly, and annual accident and
injury reports
21.6 Training Requirements. The selected Vendor shall provide professional
training services for transit bus operators and support staff necessary to
operate Fixed -Route #3. The following training establishes the minimum
training requirements for all vehicle operators prior to their being assigned to
regular revenue service on Fixed -Route #3:
• Route information
• Time cards, transfers, fares
• Use of two-way radio
• Pre -trip inspections
• Defensive driving and driving maneuvers
• Passenger relations
• State motor vehicle laws
• Stress management
07/27/99 11.41 AM Page 17
The selected Vendor must make required ride -checks for all transit operators
on Fixed -Route #3. Ride -checks shall be randomly made on a regular basis.
These ride -checks shall concern the following issues:
Pre=trip procedures
• Schedule adherence
• Driving habits
• Passenger relations
• General habits
• Bus maneuvering
Following any preventable accident, the operator involved must attend a
remedial driving workshop arranged and paid for by the selected Vendor that
includes:
• A review of the specific accident and its cause
• View a defensive driving film or videotape
• On the road reinforcement of defensive driving
07/27/99 11.41 AM Page 18
Exhibit "B"
Fixed -Route #3 MAP
.SerVIn'Fapplornent\ - ea gSho Takim* pogo 1019,r
- - . ¶"LiriJ!!
hn'11 I lill"IN1.I1E„�r
07/27/99 12:35 PM
Page 19
Exhibit "C"
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
(1) The Primary Participant,
its knowledge and belief, that it and its principals:
, certifies to the best of
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency.
(b)
Have not within a three-year period preceding this proposal been convicted or had a
civil judgement rendered against them for commission of fraud or a criminal offense
in connection with obtaining, Atti. ptiP1g to obtain ' l (Federal,
i
� i ----^b `^' `^�'�`+� or performing a public �l'eLLCI"itl,
State, or local) transaction or contract under a public transaction; violation of Federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any offenses
enumerated in paragraph (2) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, Stato, nr loc,aA1) termi=nated for cause or default.
(2) The Applicant also certifies that if, later, it becomes aware of any information contradicting
the statements of paragraphs (a) through (d) above, it will promptly provide that information to FTA.
(3) If the Applicant (Primary Participant) is unable to certify to the statements within
paragraphs (1) and (2) above, it shall indicate so on the Signature page and provide a written
explanation to FTA.
THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT),
I C.>111, ,C.C» V:,1-1 '. e , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMIT_ ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT
THE PR0WSi' 3 i U.S.C.s s 380 7 SE,,
v r ivl OF v1. vvv�S J V % ET pr,�, ARE APPLICABLE THERETO.
Sig r ture & Title of Authorized Official
The undersignscounsel f r i' : PI' > > >(&,. m ,;, , , hereby certifies that
the 1'" k ic.4 +� ?rI e 5-4,5 (entity) , has authority under
state and loaf law -to comply with the subject assurances and that the certification has been legally
made.
1
Signature .. rI4 A -.T.1. .,..t',. Attorney -
9.1 vlgum�urc Vl £ JJJJllL Li b C14 W111Cy
71
Date
07/27/99 11:41 AM
Page 20
Exhibit "D"
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
The undersigned 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 any agency, a Member 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 any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification or any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds than the Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, 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.
(3)
The undersigned will require that the language of this certification be
included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed
when this transaction was made or entered into. Submission of this certification is
the prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $
100,000 for each such failure.
Executed this day of �.
1999
07/27/99 11.41 AM
Name and Title
Page 21
Exhibit
Contractor's Bid
REQUEST FOR BIDS – NOT AN ORDER
CITY OF YAKIMA - PURCHASING DIVISION
129 NORTH 2ND STREET
YAKIMA, WASHINGTON 98901
PHONE 575-6093
BID NUMBER: 19914 BIDS RECEIVED UNTIL;2:00 PM. July 1. 1999
DATE: June 4. 1999
prnnPR:
ADDRESS:
A & A Motorcoach
2410 S 26th Ave
Yakima WA 98902 —
PROPOSAL OPENING: 2:00 PM. July 1. 1999
You MUST BID your LOWEST PRICE for at least ONE PAIR of the per hour / lump sum
alternatives (1-2) or (3-4) listed or YOUR LOWEST PRICE on all the alternatives listed.
pv.orrlygm as part of 7147: RID RIT-Pyi 'MU, PACKAGE is a FINANACIAL STATEMENT listing
all Agency assets and liabilities and the Agency's ACCIDENT HISTORY for the last three years.
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BILIS AND TO ACCEPT ANY OR
ALL ITEMS AT THE PRICE QUOTED.
DESCRIPTION
The City of Yakima Public Works Department, Transit Division, is requesting Bids for a
demonstration project to provide a single fixed -route service within the corporate limits of the City of
Yakima. The attached sample Agreement and Scope of Work explains the service and conditions
required to successfully carry out the work.
SCHEDULE 1, FIXED ROUTE #3
The contracting agency agrees to provide fixed -route service at a rate of:
1. $ 44. 50 Per hour with no City support services.
2. $ 1 41 , 731 . 2 Qtanual not to exceed lump sum amount with no City support services.
*This amount is based on 260 days of service @ $545.12 per day
3. $ 0 Per hour with the City providing the spare vehicle and all fuel at City cost.
4. $ 0 Annual not to exceed lump sum amount with the City providing the spare
vehicle and all fuel at City cost.
The contracting agency must maintain for the duration of the Agreement public liability and
property damage insurance consistent with the terms of the attached sample Agreement. The policy
must provide for thirty- (30) day cancellation notice to the City if cancelled or altered by either party.
A certificate of such insurance must be provided to the City Purchasing Manager at the time of
execution of the Agreement,
The City of Yakima reserves the right to reject any and all bids or accept any present that meet or
exceed the specifications and that would be in the best interest of the City. The City shall not
necessarily be bound to accept the low bid.
07/27/99 2:24 PM
Page 22
REQUEST FOR BIDS - NOT AN ORDER
BID NO. 19914
DESCRIPTION
Bids shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street,
Yakima, Washington 98901, by 2:00 PM on July 1,1999 in a sealed envelope labeled Bid No.
19914 with the due date and time of opening written on it. If you plan on atten • the
bid opening, DO NOT B G fl ; BID ;t ; .'0 < Et '. OP DI t G ROOM " YOU. It must
be received and date stamped by the City Clerk's t :. ce.
TO THE PURCHASING MANAGER OF THE CITY OF YAKIMA:
DATE: 06/30/99 ,SIGNE
COMPANY: A&A Motorcoach,
ADDRESS:
Inc.
2410 S 26th Ave
Yakima WA 98903
TELEPHONE NUMBER:
FAX NUMBER:
575-3676
575-1523
07/27/99 2.25 PM Page 23
erman, President
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I l
For Meeting of 8/17/99
ITEM TITLE: Resolution authorizing the execution of an agreement with A & A
Motor Coach for transit service demonstration on Route #3
Mead/fruitvale
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSONtrELEPHONE: Bill Schultz, Transit Manager/575-6005
SUMMARY EXPLANATION: This contract is to provide fixed route transit service on
Route #3 Mead/Fruitvale during a one-year demonstration period. At the
completion of the contract the City Council can decide how to proceed with regard
to continued service contracting based upon cost, service, and public acceptance.
Two local companies made proposals on the contract. Proposals were reviewed for
completeness by staff, and the Council Transit Committee has reviewed the
proposals and interviewed representatives of the two companies. The Transit
Committee recommends award of the contract to A & A Motor Coach for a bid of
$44.50 per vehicle service hour or $141,731.20 for the year. The service
demonstration period is planned to begin October 4, 1999.
This contract helps us take the next step in the implementation of a Transit Task
Force recommendation, a project to which the Council has given a high priority.
EXHIBITS
Resolution X Ordinance Contract X Other (Specify)
Funding Source: Transit Division Operating Budget
APPROVED FOR SUBMITTAL: -,
City anager
STAFF RECOMMENDATION: Concur with Transit Committee recommendation
TRANSIT COMMITTEE RECOMMENDATION: Approve resolution authorizing execution of
contract with A & A Motor Coach
COUNCIL ACTION:
DEPARTMENT OF PUBLIC WORKS
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6005
Date: Friday, July 16, 1999
To:
From: John A. Haddix," Planner
Subject: Route #3 Demoilstration Project Bid
MEMO
City Council Transit Committee
Background
The City received three- (3) submittals. Forsythe and Associates, Inc. of West
Covina, California submitted a no bid. The remaining submittals were bid
proposals received from local area transportation companies:
1) A&A Motor Coach
2) Access Paratransit.
The local transportation companies submitted bids only for Schedule 1, a and
b. No bids were submitted on Schedule II, a and b. The two responsive bids
(with respect to cost submittals) are attached.
Third Party Contracting Requirements
Attached for your information is a copy of the Federal Transit Administration
Circular 4220.1D that specifically outlines third party contracting
requirements the FTA expects the City of Yakima and the successful bidder
to fully adhere to.
Bid Proposal Submittal Review
The Purchasing Agent sent out an addendum that changed the first two
pages of the bid form to better define the bid rate structures. The apparent
low bidder (A & A) neither acknowledged receipt of the Addendum nor did
they use the updated forms in their bid submittal. Further, A & A did not
submit a completed Certification Regarding Debarment, Suspension, and
Other Responsibility Matters.
Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005
Street 575-6005 • Traffic 575-6005 • Transit 575-6005
Yakima
rd
11111:
II:
However, the Purchasing Agent has ruled these omissions as minor
infractions that do not affect the bid price as prepared and submitted. All
certifications and other required documents must be signed and incorporated
into the Contract as specified before the City will execute the Contract.
Each company submitted a balance sheet and accident history for the last
three years. The balance sheets submitted were reviewed by a City
accountant and it is the accountant's opinion that a more detailed profit and
loss statement would be helpful to evaluate the financial condition of each
comp any.
The following is the bid tabulation of proposals submitted:
Item #
Unit
Description
A & A
Access
City
Un-
Burdened
City
Fully -
Burdened
Sch I a
Per Hr.
Per hour with no City
support services.
$44.50
$59.03
$53.28
$70.92
Sch I b
Annual
Annual not to exceed
lump sum amount with
no City support services.
$141,731.20
(Price based
on 260 days)
$188,010.55
$173,160
(Based on
260 days)
$230,490
(Based on
260 days)
Sch II
a
Per Hr.
Per hour with the City
providing the spare
vehicle and all fuel at
City cost.
NB
NB
NA
Sch II
b
Annual
Annual not to exceed
lump sum amount with
the City providing the
spare vehicle and all
fuel at City cost.
NB
NB
NA
Yakima Transit Selah Service Costs
The Selah service cost figures (see attached) are presented to show what
makes up Yakima Transit's direct and indirect hourly costs.
Indirect costs, with respect to Yakima Transit, include the expenses of
administration and management that is considered outside the "normal"
everyday requirements needed to run the public transit operation, these
indirect costs include but are not limited to "retained" services such as senior
management, finance, legal, and purchasing.
Recommedation
Based upon Staff review of the bid documents and assuming the apparent
low bidder's assurance (because as noted above, the apparent low bidder did
not submit certain signed documents) of compliance with local, State and
federal requirements, Staff recommends that the contract for Transit Fixed -
Route #3 be awarded to A & A Motor Coach.
Qualification Rating Chart
Lastly, for the Transit Committee's convenience and at their option to use, I
have attached with my Memo rating forms that may be helpful in ranking
each of the Proposers and their bid submittals.
City of Yakima
Transit Fund
Direct and indirect cost summary
(Cash Basis)
December 31, 1998
Direct Costs:
Operations Salaries
& Benefits 1,680,940.48
Supplies & Other 134.26
Maintenance Salaries
& Benefits 61,743.24
General Supplies 4,536.66
Fuel 138,791.29
Bus Maintenance 508,188.00
Outside R & M 97,801.17
Total Direct Costs:
Total Service Hours cost/hour
2,492,135.10 46,776 $53.28
Indirect Costs:
Administrative Salaries &
Benefits 270,213.26
Supplies & equipment 3,808.97
Professional Services 11,708.43
Marketing 36,186.51
Miscellaneous 9,020.23
Printing (schedules & maps) 19,383.12
Travel & Training 3,802.57
Utilities (Transfer Station) 7,069.07
Dues & Subscriptions 4,53539
State & County Taxes & Assessments 1,694.63
Interfund City Charges (1) 359,148.00
Insurance 98,760.00
Total Indirect Costs:
Total Costs
Total Service Hours cost/hour
825,330.18 46,776 $17.64
3,317,465.28 $70.92
note (I ): Interfund City charges consist of the following:
charge amount reason
City Service Charge 246,300.00 City management, Payroll, Legal, Accounting, Personnel, etc.
Public works Administration 58,836.00 clerical support within Public Works Complex
Public Works Plant expense 54,012.00 Transts's share of maintenance and operation of
Total 359,148.00 Public Works Facility as determined by square
footage allocation.
Access Paratransit Qualification Rating
Evaluation Category
Ranking Scale
Low
High
1.
Qualifications and professional competence.
1
2
3
4
2.
Demonstrates experience in operating in a system
of similar size, scope, and complexity.
1
2
3
4
3.
Satisfactory personnel, facilities, and equipment to
comply satisfactorily with all requirements of this
solicitation.
1
2
3
4
4.
Understanding of the scope of services including:
How labor commitments will be achieved; how
transit service will be continuously operated for the
designated period; how contractor's personnel will
achieve good public relations and demonstrate
commitment to successful service. (All the above
has to do with the quality of training provided to
keep good people working)
1
2
3
4
5.
Capacity for service implementation and operation.
Does management, maintenance of fleet, and
facilities, and stated operational practices present
a picture of high quality service?
1
2
3
4
6.
Financial stability and ability to maintain
financing for the proposed services and fleet.
Includes financial statements, bonding/credit,
insurance, etc.
1
2
3
4
7.
Ability to meet all required Federal Transit
Administration certifications and representations.
1
2
3
4
8.
Is the price quoted for providing services relative to
the service requirements needed and the desired
standards of performance?
1
2
3
4
l's
2's
3's
4's
Total:
A& A Qualification Rating
Evaluation Category
Ranking Scale
Low
High
1.
Qualifications and professional competence.
1
2
3
4
2.
Demonstrates experience in operating in a system
of similar size, scope, and complexity.
1
2
3
4
3.
Satisfactory personnel, facilities, and equipment to
comply satisfactorily with all requirements of this
solicitation.
1
2
3
4
4.
Understanding of the scope of services including:
How labor commitments will be achieved; how
transit service will be continuously operated for the
designated period; how contractor's personnel will
achieve good public relations and demonstrate
commitment to successful service. (All the above
has to do with the quality of training provided to
keep good people working)
1
2
3
4
5.
Capacity for service implementation and operation.
Does management, maintenance of fleet, and
facilities, and stated operational practices present
a picture of high quality service?
1
2
3
4
6.
Financial stability and ability to maintain
financing for the proposed services and fleet.
Includes financial statements, bonding/credit,
insurance, etc.
1
2
3
4
7.
Ability to meet all required Federal Transit
Administration certifications and representations.
1
2
3
4
8.
Is the price quoted for providing services relative to
the service requirements needed and the desired
standards of performance?
1
2
3
4
l's
2's
3's
4's
Total:
RESOLUTION NO. R -99-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with A & A Motorcoach, Inc., whereby said
entity shall operate City of Yakima Transit Division Fixed -Route #3
as a demonstration project for a period of one year.
WHEREAS, the City of Yakima desires to engage a private contractor to operate
Transit Division Fixed -Route #3 as a demonstration project for a period of one year; and
WHEREAS, using a public bid process, the City requested any interested party
to submit a bid to operate Transit Division Fixed -Route #3 for a period of one year; and
WHEREAS, two bids were received for the demonstration project: and
WHEREAS, the City Transit Committee reviewed the submitted bid packages
and interviewed the bidders; and
WHEREAS, the City Transit Committee recommends that the City award the
demonstration project contract to A & A Motorcoach, Inc. on the basis that the bid from
said entity appears to be the lowest responsive bid; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with A & A Motorcoach, Inc. to operate Transit
Division Fixed -Route #3 in accordance with the terms and conditions of the attached
agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated agreement with A & A Motorcoach, Inc.,
whereby said entity shall operate City of Yakima Transit Division Fixed -Route #3 as a
demonstration project for a period of one year.
ADOPTED BY THE CITY COUNCIL this 17th day of August, 1999.
ATTEST:
City Clerk
(1k)res/transit route #3/a & a rnotorcoach/transit/99 .pm
SI JOHN PUCC1NELL1
John Puccinelli, Mayor
i=acs b, 8 ';2:1.1-3 __.,rte cur- Dpy ..,
. ngt &i , ia,--3 in my
Cil" Y CLERK
2000 Agreement Between
The City of Yakima and
A & A Motorcoach, Inc.
This Addenda is made and entered into this 7:-4" day of ;=,-",ra=y f, 2000 by
and between the City of Yakima and A & A Motorcoach, Inc. a private
transportation company.
In consideration for services provided the citizens of Yakima by A & A Motorcoach
by the Fixed -Route #3 Transportation Provider Agreement Between the City of
Yakima and A & A Motorcoach, Inc.., (City Contract Number 99-93) is hereby
amended as follows:
4. Term of Agreement This Agreement shall become affective upon full and
complete execution by the City and the Contractor and shall terminate at midnight
on December 31, 2000, unless terminated earlier by either party in accordance with
Section 33 of the Agreement.
The City shall pay A & A Motorcoach an amount not to exceed $36,000 for Fixed -
Route #3 transportation services extending from October 1 through midnight
December 31, 2000.
In all other respects the Agreement between the City of Yakima and A & A
Motorcoach Inc., (City Contract Number 99-93) shall remain in full force and effect.
City of Yakima A & A Motorcoach, Inc
By: u By:
Dick Zais, City Manager Its:
Date: 6/-7-72_
City Contract No. 2000-74
Resolution No. R-200.E=I4
ATTEST:
/1
City Contract Number: %' =%
Rte 3 Extension Agreement
Date: 9/(f'/p-1)