Agenda packet, regular meeting — Santa Paula City Council, June 21, 2023 (part 2 of 6)

City of Santa Paula

REQUEST FOR STATEMENT OF QUALIFICATION
FOR

ON-CALL UTILITY REPAIR AND CONSTRUCTION SERVICES PANEL
TBD, 2023
Requests for clarification are due by 4:00 P.M. on TBD, TBD, and shall be submitted in writing to Tatiana Arnaout at [email protected].

Proposals are due at the City Clerk’s office by 3:00 P.M. TBD, TBD, at:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street
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Santa Paula, CA 93060
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Introduction
The City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide OnCall Utility Repair and Construction Services (“Services”) to perform the services as listed herein. The City reserves the right to prequalify any number of contractors. Due to the asneeded nature of the work, no work is guaranteed regardless of the selection. The scope of work will vary and will be requested on a work order basis as the need arises.

The City of Santa Paula is a General Law City, and as such, some projects and services will be subject to competitive proposals from the selected short list of consultants throughout the term of this RFQ. The City of Santa Paula, at its own discretion and in compliance with the funding source(s) requirement(s), will either select consultants from the short list or publish a project-specific RFB open to all.

Nothing in this RFQ requires the City to select a sole source contractor for any project and services or guarantees a certain amount of work to any contractors in the short-list.

City Background
The City is located 65 miles northwest of Los Angeles and 14 miles east of Ventura and the coastline of the Pacific Ocean. The City is the geographical center of Ventura County, situated in the rich agricultural Santa Clara River Valley. The City is surrounded by rolling hills and rugged mountain peaks in addition to orange, lemon and avocado groves. In fact, the City is referred to as the “Citrus Capital of the World.” The City was incorporated on April 22, 1902, as a general law city. The City Council is made up of five members, elected at-large, serving four-year terms. The Mayor is selected for a one-year term from among the members of the City Council. The City operates under a council-manager form of government. The City Council appoints the City Manager, City Attorney, City Clerk and City Treasurer.

The City covers an area of 5.4 square miles and has an estimated population of 29,267, as of April 1, 2020, based on estimates from the United States Census Bureau. The square miles will change slightly with the recent annexation of property to the East of Santa Paula. The City delivers municipal services through six departmentsAdministration (City Council, City Manager, City Attorney, City Clerk, Personnel, Risk Management, Information Technology, and Mobile Home Rent Review), Community and Economic Development (Economic Development, Planning, Building and Safety), Parks and Recreation (Community Center, Recreation, Parks, Senior Services, Cable Television, Buildings and Grounds Maintenance), Finance (City Treasurer, Utility Billing and Payments, Accounting and Payroll), Police, and Public Works (Streets, Water, Wastewater, Solid Waste, Transit and Engineering). Wastewater, Transit and Solid Waste services are provided under contract. Library services in Santa Paula are provided by the Blanchard/Santa Paula Library District.

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Scope of Work
The City is seeking SOQs from qualified contractors, licensed in the State of California, for a three-year contract to provide 24-hour 7 days a week on-call water, sewer and stormwater repair and construction services to augment the maintenance work the City performs. Selected contractors will be placed on a panel for which proposals for projects of $60,000 or less will be solicited, which if accepted will be reduced to a separate Work Order for each project to be performed under the master contract awarded to each selected firm as a result of this RFQ.

The work to be done would consist of furnishing/installing all materials, equipment, tools, labor, vehicles, and incidentals as required to provide on-call water, sewer and stormwater repair and construction services for active (live) water, sewer or stormwater pipelines, manholes, inlets, valves, pumps, and appurtenances. Typical call outs would be such as the discovery of a broken pipe segment that needs to be dug up and replaced.

The Contractor shall be proficient and able to perform sawcutting, excavation, shoring and bracing, pipe and appurtenance repair and installation, manhole repair and modification, pipe bedding installation, slurry backfilling, roadway base installation, roadway ac and pcc installation including dowels as necessary for pcc, and any striping/markings/markers or loop repair as necessary.

The Contractor shall be able to furnish and perform dewatering of trenches as necessary, as a part of the City is located in a high ground water table, and excavation in those areas will encounter water that must be dewatered.

The Contractor shall also be able to furnish and perform CCTV inspections, including providing summary report documentation and digital video recording documentation.

The Contractor shall also be able to furnish and perform sewer bypassing as necessary to complete the repair and construction work.

The Contractor shall be required to complete and submit daily work summaries for each day worked. The summaries shall include at a minimum, date, time, weather, job location, work performed broken down in detail, itemized materials used including quantities, itemized personnel including job title and hours quantity worked, itemized vehicles and equipment used including hours worked, and pictures of the work completed. Invoicing shall reference the daily work summary associated with the requested fees, itemized and broken down in detail.

All construction shall comply with the Standard Specifications and Standard Plans for Public Works Construction (Greenbook), as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Additionally, construction items involving signals, lighting, electrical systems, DRAFT
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pavement striping, markings, and markers shall comply with the Caltrans Standard Plans and Specifications.

The work includes any necessary survey services and traffic control, as required, to complete all work.

The Contractor shall provide recent experience in successfully providing similar services within high profile arterial streets and in densely developed multi-unit residential neighborhoods.

The Contractor shall professionally manage the work on at a job site, as well as make sure notifications or information is sent out to the public in a timely manner; promptly addressing concerns of the business and residential community; and monitoring construction mitigations to ensure noise, debris, and traffic disruptions are kept at a tolerable level.

This Agreement specifies performance of services by a contractor on an “as needed” or “on-call” basis. Under the terms of this Agreement, the City, in its sole discretion, will determine both the extent and nature of each scope of work or callout it requires the contractor to perform or complete, and the specific terms and conditions under which it requires the contractor to perform or complete the scope or project. Nothing contained herein, however, shall be construed by the contractor as promise or guarantee of any minimum amount of Work or compensation hereunder. The City may solicit proposals from Contractor in its discretion and may accept or reject such proposals in its discretion.

In the event a proposal is accepted, it shall be reduced to a task order for such project not to exceed $60,000, in which case such Work Order shall be a contract entered into pursuant to the terms of this Agreement.

The City will identify a work scope for the Contractor to perform and will issue to the Contractor a Work Order request containing a detailed scope of work for the specific callout. The terms and specifications of this RFQ document shall apply to all Work Order requests. The Contractor will review each Work Order request and provide a detailed cost proposal in response to each Work Order request. The City Engineer will review the submission with the contractor and if acceptable, approve the Work Order in writing or via e-mail. However, in situations of sewer emergencies, the contractor shall receive the Work Order request from the City containing instructions to immediately respond and perform the repair work necessary, and Contractor shall mobilize to the job site within the required 2-hour window to perform the work. Such Work Orders will contain this specific instruction. For such emergency Work Orders, Contractor shall prepare an after the fact invoice for City review based on time and materials expended per the daily work summary and the submitted rates.

The contractor must be available 24-hours a day, 7 days a week, and be able to respond on site within 2-hours for an emergency call out. It shall be the Contractor's responsibility to respond on site within 2 hours in an emergency from the time the call is placed by the City Engineer or designated representative of the City Engineer, with sufficient labor and DRAFT
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equipment to begin work. The contractor shall provide the City with a primary and backup designated representative’s phone number or dispatch number and a backup phone number that the City can reach at any time. The City will contact the contractor’s designated representative or backup representative by phone to request such work. Work from a daytime call out may extend into nighttime hours. Any night work will be scheduled at least 48-hours in advance. When receiving an emergency work request from the City, the contractor shall confirm within 30 minutes of the call whether he accepts or declines the work request. For non-emergency requests the confirmation time is 4 hours. A "Declined Request" is defined as the occurrence of one of the following:
• Contractor cannot be reached at either of the designated phone numbers • Contractor does not confirm acceptance or decline of the work request within 30 minutes for an emergency call out or 4 hours for a non-emergency call out • Contractor declines the work request within the designated time After three (3) Declined Requests the City reserves the right to terminate this Agreement for nonperformance. If the Contractor accepts the work request and subsequently fails to respond on site within the designated time for emergency or non-emergency work, it shall be considered a No-Show. After two (2) No-Shows, the City reserves the right to terminate this Agreement for non-performance.

Inspection of the Site
Each respondent is responsible for fully acquainting themselves with all conditions, instructions, and requirements of this RFQ, that the respondent conducted such additional site investigations as necessary, that the respondent is capable of providing the services requested by the City in a manner that meets City’s objectives and requirements as outlined in this RFQ, and that respondent has reviewed and inspected all materials submitted in response to this RFQ.

Once the award(s) have been made, a failure to read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for respondent(s) to request additional compensation.

Standard Specifications and Standard Plans
All work shall comply with the Standard Specifications and Plans of the City Department of Public Works, the Standard Specifications for Public Works Construction (Greenbook), the Standard Plans for Public Works Construction, the California Building Code, Electric Code, and Plumbing Code, the ADA, the Standard Specifications and Plans of Caltrans, and the Standard Specifications and Plans of the City of Santa Paula Department of Public Works.

Requests for Clarification/Questions Regarding this RFQ Respondents must satisfy themselves by personally examining the work site, Standard DRAFT
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Specifications, Standard Plans, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No respondent shall at any time, after submission of a SOQ, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in RFQ documents shall be called to the attention of the City by submission of a written request for clarification or question.

The deadline for submittal of Requests for Clarification/Questions TBD at 4:00 pm.

Any requests for clarification/questions received after this deadline will not be answered.

Communication or solicitation with other City Officials or Employees regarding any aspect of this RFQ is expressly prohibited and may result in disqualification.

Anyone submitting a SOQ or is on a SOQ team shall not contact any City employee or City Council members regarding any aspect of this RFQ unless in the manner described above.

From the time the City has released this RFQ and throughout the evaluation period; any email, telephone, text message, social media, face to face contact and/or communication, where there has been discussion of this RFQ, may be the basis for a submittal being disqualified from consideration.

Public Records and Right to Submitted SOQs
All SOQs, inquiries, responses, or correspondence related to or in reference to this request for qualifications, and all documentation submitted by a respondent will become the property of the City when received.

The City is subject to applicable law regarding disclosure of public records. Respondents must clearly identify any information they regard as proprietary in the SOQ. Any such information should be marked “Proprietary” or “Confidential.” Information that is proprietary within the meaning of California law will be withheld from any public records requests, and by so marking a record the respondent agrees to the furthest extent permitted by law indemnify, defend with counsel appointed by City, and hold the City and its City Council, City Council members, officers, agents, employees harmless from any claim, action, or other loss that arises out of, relates to, or is incident to City’s nondisclosure of such record in connection with a request for disclosure pursuant to applicable law governing the disclosure of public records. All other information is subject to disclosure.

Legal Responsibilities of Contractor
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Any contractor submitting a SOQ shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq., of the Labor Code for each craft, classification, or type of workman required as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him.

The City will deduct a 5-percent retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit SOQs in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title, and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Format for the SOQs
The Respondent(s) selected for the contract will be responsible for complying with all conditions of this RFQ and any subsequent formal agreements. All responses provided should be as detailed as possible, to provide the SOQ evaluators with enough information to make an assessment of the Respondent(s)’ services in accordance with the requirements herein. The City shall not be liable for any pre-contractual expenses incurred by any respondent. Respondents shall not include any such expenses as part of the price proposal in response to this RFQ. Submit an SOQ containing the following:

1. Overview of the Company: The company that will take the lead in providing the requested services shall be described in this section.

1.1 Provide an overview of the company and your experience in public works projects for other municipalities in the Southern California area. If this is a large company with several branches/offices, include a description of the local office that will be providing the services for this contract.

1.2 Describe the company’s experience with similar design projects. Previous DRAFT
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experience on designing similar scope is highly desirable.

1.3 Describe how your company plans to provide experienced, knowledgeable, and professional staff, who will deliver quality deliverables on this project.

1.4 Describe why the City should select your company over other SOQs that may be submitted?

2. Project Manager: The respondent shall designate a qualified individual who will be the primary contact and will serve as the project manager.

Instead of providing a resume, describe the project manager’s background, focusing on why you chose this person to be the project manager of the project. Cite specific examples of projects where this individual has done similar work, or lead a team to deliver similar work, as requested in the scope of work. Describe when were those projects were done. List any certificates, licenses, training, or special equipment training that this project manager has that may be relevant towards completing the scope of work.

3. Project Team: Identify the members of your project team, including the construction foreman. If your response is to provide all services by a single person, just state as such and go to the next section.

3.1 Provide the name of each team member (including the project manager) and all tasks assigned to each team member. If the team member is from a subcontracted firm, provide the name of the company that this person works, so we can identify what work is being subcontracted out if any. At least 50% of the scope of work shall be performed by the contractor. If any portion of the work will be subcontracted, provide a list of those subs with identification of tasks assigned, company name, local office address, contract person for company, phone number and email of contact person, and reason why choosing this company to do those tasks.

3.2 Instead of providing a resume for each person, describe each team member’s background, focusing on their experience to do the tasks assigned, and why you are using this person for those tasks. Cite specific examples of projects where this individual has done similar work or lead a team to deliver similar work to the tasks assigned.

3.3 List any certificates, licenses, training, or special equipment training that the team members have that may be relevant towards completing the scope of work.

4. Reference Projects. Instead of providing just a long list of names of past jobs your company has worked on, select five projects of similar scope that took place in the Southern California area, that show your ability to complete this RFQ’s scope of work.

Similar work for other public agencies is preferred. For each project provide a reference person and phone number of the client, who can confirm your work experience on that project.

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Each reference project must include the following information:
• Agency or name of company you provided services to
• Name of the contact person who can verify the work you have done • Telephone number and/or email of the contact person
• Name of project
• Location of project
• Date(s) (month/year to month/year) you provided services to them • Description of the work done and the role of your company on the project • Reason why this reference project demonstrates your team’s ability to complete the scope of work in this RFQ
• A sample plan sheet is not required but desirable
• A photo is not required but desirable

5. Scope of Work. Summarize your approach to providing the scope of work. • Describe your procedure to respond to an emergency call out from the City.

Include information on staffing and resources to cover availability 24-hours a day, 7 days a week, and ability to respond on-site within 2-hours for an emergency call-out.
• Describe your procedure to respond to install excavated point repairs of live water and sewer pipelines from 2-inches up to 48-inches in diameter and up to 25 feet deep.
• Describe your procedure to provide bypass pumping while working on a sewer repair.
• Describe your procedure for concrete and asphalt pavement removal and replacement.
• Describe your procedure for trench shoring up to 25 feet deep. • Describe your procedure for rodding and jetting a blocked sewer line. • Describe your procedure to replace a segment of water or sewer pipe that is greater than 10 feet deep in the ground. Include the size of crew, equipment, and materials you would bring to the site of the repair.
• Describe your procedure to provide non-emergency services, such as video inspection, CIPP lining, manhole adjustments and/or repair, root trimming, root ball removal.
• Describe your procedures to ensure all personnel comply with all relevant OSHA, Cal/OSHA, and Labor and Industries work safety regulations at all times they are on the project site.
• Describe your procedures to ensure all personnel implement confined space entry procedures in accordance with all relevant laws and regulations. • Describe your procedures for providing traffic control while performing all phases of work to ensure public safety and convenience.
• Describe your procedures for preventing and addressing any sewer overflow instances that may occur while performing all work.
• Describe other services, if any, you can provide and would like to be a part of your SOQ.

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6. Rate Schedule. This solicitation is not a bid, therefore there are no bid items for you to fill out. The SOQ shall instead provide a rate schedule of hourly rates separated out by personnel job title and equipment type that your company would use to provide the scope of work described in this RFQ. The hourly rate shall include within its fee, all costs for labor, equipment, vehicles, travel, overhead, reimbursables, sales tax, use tax, or any other cost item that your company would incur to provide the scope of work. Rate schedule should include proposed mark-up on all materials to be used for work. Subcontracted work shall also be included in the fees schedule and if you charge a markup for the subcontracted work, that shall be clearly identified in your schedule of fees.

Each respondent shall also submit the completed Designation of Subcontractors, Suppliers, and Vendors Form included in the attachments designating any subcontractors that the bidder intends to use to complete the scope of work. Each respondent shall also submit the completed Registration with the California Department of Industrial Relations Form, respondent’s Violation of Law/Safety Questionnaire Form, Non-Collusion Declaration Form, Certification of NonDiscrimination by Contractors Form, and Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws Form, included in the Attachments.

Contract Requirements
The selected contractor shall be required to enter into contract with the City to provide the scope of work. When services are required, the City will choose the contractors best suited for the tasks from the short list and award via separate contract with the City reflecting the terms and conditions of the SOQ in addition to the City's standard construction services agreement requirements. The short list will be valid for a period of three (3) years from the date of the original selection. A copy of the standard contract, including all requirements of the contract, is attached to this RFQ.

Selection Criteria
The criteria for evaluating the submitted SOQs will take the following items into consideration:
50% Qualifications/expertise of company/team & similar prior project experience/ references
50% Rate Schedule
The SOQs will be reviewed by City staff members. The committee will evaluate each submitted SOQ and score them according to the criteria above. An average of the scores will be used to rank the SOQs. Depending on the number of SOQs submitted, the top tier of respondents may be asked to come in for an interview. The City reserves the right to negotiate pricing and for additional terms. The City also reserves the right to begin negotiations and enter into a contract without an interview or further discussions. Once DRAFT
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negotiations are complete, a recommendation will be submitted to the City Council for approval of the contract.

Right to Reject Any or All SOQs
The City reserves the right to reject any or all SOQs, to waive technicalities or formalities, and to accept any SOQ deemed to be in the best interest of the City. Where two or more firms are deemed equal, the City reserves the right to make the award to one of the two firms.

Withdrawl of SOQS
Prior to the SOQ submittal deadline, a SOQ may be withdrawn by the respondent only by using the Agency’s electronic system. No respondent may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

Irregular SOQS
Unauthorized conditions, limitations, or provisions attached to an SOQ will render it irregular and may cause its rejection. The completed SOQ forms shall be without interlineations, alterations, or erasures. Alternative SOQs will not be considered unless specifically requested. No oral, faxed, emailed, or telephonic SOQ will be considered.

Disqualification of Respondents
More than one SOQ from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Respondents is interested in more than one SOQ for the work contemplated will cause the rejection of all SOQs in which such respondent is interested.

If there is reason for believing that collusion exists among the respondent, all SOQs will be rejected and none of the participants in such collusion will be considered in future SOQs.

Submission of SOQs
One (1) original, three (3) hard copies, and one searchable pdf file on USB drive of the SOQ shall be submitted at the address set forth below, no later than 3:00 P.M. TBD, TBD, 2023:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
A SOQ may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

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A SOQ may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED.

Tentative Schedule
The following proposed project schedule is provided for reference only. • Release RFQ: TBD
• Deadline for receiving questions: TBD
• SOQ package due by: TBD at 3:00 P.M.
• Contractors Notified/Selection (short list): TBD
• Council Review and Consideration: TBD
Attachments
Attachment 1 - Standard Agreement Template
Attachment 2 – Designation of Subcontractors, Suppliers, and Vendors Form Attachment 3 – Registration with the California Department of Industrial Relations Form Attachment 4 – Bidder’s Violation of Law/Safety Questionnaire Form Attachment 5 – Non-Collusion Declaration Form
Attachment 6 – Certification of Non-Discrimination by Contractors Form Attachment 7 – Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws
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Attachment 1
Standard Agreement Template
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Attachment 2
Designation of Subcontractors, Suppliers, and
Vendors Form
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DESIGNATION OF SUBCONTRACTORS, SUPPLIERS AND VENDORS
Respondent proposes to subcontract certain portions of the work, which are in excess of one-half of 1 percent (0.5%) of the total amount bid as follows:

Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Name: ____________________________________ Telephone: (____)_______________________ Address: __________________________________________________________________________ Responsibility: _____________________________________________________________________ California Contractor License #: ______________________________ Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer.

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Attachment 3
Registration with The California Department of
Industrial Relations Form
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REGISTRATION WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

ALL PRIME CONTRACTORS AND SUBCONTRACTORS
SB 854 established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis with the California Department of Industrial Relations (DIR).

In accordance with Labor Code Section 1771.1(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Prime Contractor Name: ____________________________________________________________ Telephone: (________)_______________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ DRAFT
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Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:___________________________________________________________________ DRAFT
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Attachment 4
Respondent’s Violation of Law/Safety
Questionnaire Form
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the respondent shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the Bidder, or any employee of the respondent who has a proprietary interest in the respondent ever been disqualified, removed, or otherwise prevented from bidding on or completing a Federal, State, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the SOQ, and a signature portion of the SOQ shall constitute signature of this questionnaire.

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Attachment 5
Non-Collusion Declaration Form
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NON-COLLUSION DECLARATION
The undersigned declares:

I am the _______________________________ of _______________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.

All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at __________________________[city], _____________________[state]. _____________________________________
(Signature)
_____________________________________
(Print Name)
_____________________________________
(Title)
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Attachment 6
Certification of Non-Discrimination by Contractors
Form
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CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code Section 12940.

The firm listed below certifies that it does not discriminate in its employment with regard to the factors set forth in Labor Code Section 1735; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM: _______________________________________________________________________ TITLE OF PERSON SIGNING: __________________________________________________ SIGNATURE: _________________________________________________________________ DATE: _______________________________________________________________________ Please include any additional information available regarding equal opportunity employment programs now in effect within your company.
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ______________________________________________________________________________ _

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Attachment 7
Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Laws Form
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES

CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business and Professions Code § 7028.1]
[Public Contract Code §20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below:

Business and Professions Code §7028.15
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now §20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than 6 months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and DRAFT
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finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code §20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement.

Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

License No. Class: Expiration Date:

Date Signature DRAFT
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REQUEST FOR QUALIFICATIONS FOR WATER SYSTEM

SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)

MAINTENANCE SERVICES
Date: June 21, 2023
Agenda Item: 10.I

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Water System Supervisory Control & Data Acquisition (SCADA) Maintenance Services substantially in the form attached to this report as Exhibit A.

BACKGROUND:

The City serves water to approximately 30,700 residents through 96 miles of pipe ranging in size from 2” to 24”. There are 8,590 service connections throughout four pressure zones. The water system consists of five groundwater wells, nine storage tanks, ten booster pumps, and two water treatment facilities; all these facilities are integrated into the Water Production Supervisory Control and Data Acquisition (SCADA) system. The SCADA server-based system with Programmable Logic Controllers (PLC) is used for process control and monitoring. This software that is in use is Ignition which provides real time graphical representations of the water production, treatment, and storage systems and operations by communicating to the PLCs via radio telemetry. The SCADA system allows staff to monitor and operate the water system from a central location as well as remotely via web browser.

ANALYSIS:

The City needs specialized contractors to provide on call and/or emergency SCADA Integration, Instrumentation, and PLC Programming services work that exceeds staff’s ability and capacity to address internally. By pre-qualifying contractors to be utilized on an on-call basis, the delays associated with a traditional Request for Bids (RFB) process is eliminated on the front end of each project. Rather, staff has access to a pre-qualified group of contractors available to efficiently respond to the needs of the City.

Every project assigned to a consultant will still require a separate written scope of work and contract. Dependent upon the overall value of the contract, approval by either the Department Head, City Manager or the City Council will be required. Representative projects typically consist of providing software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The recommended 241
consultants will be utilized to address: 1) As needed repair/relocation maintenance work and, 2) unexpected emergency repair work.

The consultants will be evaluated based on their qualifications, experience, and unit prices.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

At this time, there are no fiscal impacts. Subsequent to completing the RFQ process, Staff will prepare a staff report addressing findings and recommendations, including the recommended qualified contractor list and present it to the City Council for consideration and approval. The report will also include a fiscal impact analysis and make recommendations for award of a Water System SCADA Maintenance Services contract. The funding for these services will be from the approved FY23/24 & FY24/25 Water Budget.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to publish a Request for Qualifications for Water System SCADA Maintenance Services. Doing so would delay critical SCADA repair and maintenance work that cannot consistently and effectively be performed with internal staff.

ATTACHMENTS:

EXHIBIT A â€“ RFQ for Water System SCADA Maintenance Services.pdf 242

EXHIBIT A
Request for Qualifications for Water System SCADA
Maintenance Services
243

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL WATER SYSTEM SUPERVISORY CONTROL & DATA ACQUISITION (SCADA) MAINTENANCE SERVICES

PROPOSALS ARE DUE: Not later than 3:00 P.M. TBD, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

PUBLIC NOTICE IS HEREBY GIVEN that the City of Santa Paula (City) is inviting qualified consultants to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide On-Call Water System SCADA Maintenance Services (“Services”), which shall be provided under the general direction of the Public Works Director or their designee.

Minimum Qualifications
• Consultant and all subcontractors shall be registered on an annual basis with the California Department of Industrial Relations (DIR).
• Consultant must be available 24-hours a day, 7 days a week, and be able to respond to the job site within 2-hours from city notice for an emergency call out. • Consultant shall obtain all required insurance policies and bonds listed in the RFQ and contract docs.

Evaluation Criteria
50% Qualifications/expertise of company/team & similar prior project experience/ references 50% Rate Schedule
Award of Contract
City will, in its discretion, select such firms as it determines are in the best interest of the City for a panel from which proposals for projects of $60,000 or less will be solicited, utilizing the evaluation criteria provided in the Request for Qualifications document. Such firms will be required to enter into a contract pursuant to this SOQ under which a firm whose proposal for a particular project will perform such project as a separate work order.

The City reserves the right to reject any and all SOQs or to waive any irregularities or informalities in any SOQs should it deem this necessary for the public good, and also the SOQ of any Vendor who has been delinquent or unfaithful in any former contract with the City and to take all SOQs under advisement for a period of ninety (90) days.

No firm responding to this SOQ may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

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EXHIBIT A
244
Submission
One (1) original, three (3) hard copies, and one searchable pdf on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
The response shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFQ.

The undersigned agrees to furnish the services stipulated in this RFQ.

Company Address
Name (Print) Signature
Company Phone No. Title DRAFT
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Page 1 of 13 ends

City of Santa Paula

REQUEST FOR STATEMENT OF QUALIFICATION
FOR

ON-CALL WATER SYSTEM SCADA MAINTENANCE SERVICES
TBD, 2023
Requests for clarification are due by 4:00 P.M. on TBD, TBD, and shall be submitted in writing to Tatiana Arnaout at [email protected].

Proposals are due at the City Clerk’s office by 3:00 P.M. TBD, TBD, at:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street
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Santa Paula, CA 93060
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Introduction
The City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide OnCall Water System SCADA Maintenance Services (“Services”) to perform the services as listed herein. The City reserves the right to prequalify any number of contractors. Due to the as-needed nature of the work, no work is guaranteed regardless of the selection. The scope of work will vary and will be requested on a work order basis as the need arises.

Nothing in this RFQ requires the City to select a sole source contractor for any project and services or guarantees a certain amount of work to any contractors in the short-list.

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Scope of Work
The City is seeking SOQs from qualified consultants for a three-year contract to provide 24-hour 7 days a week on-call Water System SCADA Maintenance services to augment the maintenance work the City performs. Selected consultants will be placed on a panel for which proposals for projects of $60,000 or less will be solicited, which if accepted will be reduced to a separate Work Order for each project to be performed under the master contract awarded to each selected firm as a result of this RFQ.

SCADA SYSTEM SUPPORT
Consultant shall provide on call and/or emergency SCADA Integration, Instrumentation, PLC Programming services, develop SCADA Architecture, develop Security platform, Flow Meter Calibration Certification, programming, report generation, report writing, support, and modifications for water treatment plant, water blending stations, and water distribution SCADA systems.

On an on-call and/or emergency basis, Consultant shall provide software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The Consultant shall be available year-round and available on a 24- hour/7-day basis. For emergency services, a 30-minute maximum call back response time with a 2-hour maximum on-site response is required. For on call services, services shall be scheduled to occur within five (5) calendar days. Consultant shall provide best management practices in protecting the SCADA system when using non-City computers or peripherals.

Consultant shall upgrade the SCADA systems to the most current version as well as test, troubleshoot and optimize the systems to ensure full interoperability and security.

SCADA INTEGRATION SERVICES
Consultant will provide Supervisory Control and Data Acquisition (SCADA) integration services, including troubleshooting, programming, report generation, report writing, support, and modifications for water treatment plant and water blending stations on an on call and/or emergency basis.

Services shall include, but are not limited to:

System-Wide
● Calibrate/replace controls and instrumentation, sensors and switches (pressure, flow, level and temperature)
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● Calibrate/refurbish/replace chemical (pH, conductivity, chlorine, ammonia and chloramines) analyzers
● Refurbish/replace Uninterruptible Power Supplies (UPSs) ● Work with City Information Systems Department and Verizon to isolate and remove sources of SCADA network dropouts
● Analyze power monitor data for real-time efficiency and time-of-use (TOU) evaluation
● Calibrate water system instrumentation
● Evaluate and repair communication network – coordinate with Cell provider and City Information Systems regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations ● Maintain software installed on (SCADA) server for local and state reporting ● Evaluate opportunities to extend City's fiber backbone to remote sites (blending stations, flow monitoring, pressure monitoring, etc.

Other potential services
● Evaluate and repair communication network – coordinate with Cell provider and City Information Systems regarding upgrading network switches ● Integrate wells with PLC control for automated use
● Isolate reverse osmosis (RO) skids Flex Input/Output (I/O) from SCADA local area network (LAN)
● Solve ControlNet module lockups
● Refurbish/replace flow control valves
● Upgrade PLC
● Calibrate water system instrumentation
● Develop communication
● Clean up analog and digital control wiring
● Develop loop system for radio communication
The Consultant shall be required to complete and submit daily work summaries for each day worked. The summaries shall include at a minimum, date, time, weather, job location, work performed broken down in detail, itemized materials used including quantities, itemized personnel including job title and hours quantity worked, itemized vehicles and equipment used including hours worked, and pictures of the work completed. Invoicing shall reference the daily work summary associated with the requested fees, itemized and broken down in detail.

The Consultant shall provide recent experience in successfully providing similar services within municipal water systems.

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The Consultant shall professionally manage the work on at a job site, as well as make sure notifications or information is sent out to the public in a timely manner; promptly addressing concerns of the business and residential community; and monitoring construction mitigations to ensure noise, debris, and traffic disruptions are kept at a tolerable level.

This Agreement specifies performance of services by a contractor on an “as needed” or “on-call” basis. Under the terms of this Agreement, the City, in its sole discretion, will determine both the extent and nature of each scope of work or callout it requires the consultant to perform or complete, and the specific terms and conditions under which it requires the contractor to perform or complete the scope or project. Nothing contained herein, however, shall be construed by the contractor as promise or guarantee of any minimum amount of Work or compensation hereunder. The City may solicit proposals from Consultant in its discretion and may accept or reject such proposals in its discretion.

The City will identify a work scope for the Consultant to perform and will issue to the Consultant a Work Order request containing a detailed scope of work for the specific callout. The terms and specifications of this RFQ document shall apply to all Work Order requests. The Consultant will review each Work Order request and provide a detailed cost proposal in response to each Work Order request. The City Engineer will review the submission with the consultant and if acceptable, approve the Work Order in writing or via e-mail. However, in situations of sewer emergencies, the consultant shall receive the Work Order request from the City containing instructions to immediately respond and perform the repair work necessary, and Consultant shall mobilize to the job site within the required 2-hour window to perform the work. Such Work Orders will contain this specific instruction. For such emergency Work Orders, Consultant shall prepare an after the fact invoice for City review based on time and materials expended per the daily work summary and the submitted rates.

The consultant must be available 24-hours a day, 7 days a week, and be able to respond on site within 2-hours for an emergency call out. It shall be the Consultant's responsibility to respond on site within 2 hours in an emergency from the time the call is placed by the City Engineer or designated representative of the City Engineer, with sufficient labor and equipment to begin work. The consultant shall provide the City with a primary and backup designated representative’s phone number or dispatch number and a backup phone number that the City can reach at any time. The City will contact the consultant’s designated representative or backup representative by phone to request such work. Work from a daytime call out may extend into nighttime hours. Any night work will be scheduled at least 48-hours in advance. When receiving an emergency work request from the City, the consultant shall confirm within 30 minutes of the call whether he accepts or declines the work request. For non-emergency requests the confirmation time is 4 hours. A "Declined Request" is defined as the occurrence of one of the following:

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• Consultant cannot be reached at either of the designated phone numbers • Consultant does not confirm acceptance or decline of the work request within 30 minutes for an emergency call out or 4 hours for a non-emergency call out • Consultant declines the work request within the designated time After three (3) Declined Requests the City reserves the right to terminate this Agreement for nonperformance. If the Consultant accepts the work request and subsequently fails to respond on site within the designated time for emergency or non-emergency work, it shall be considered a No-Show. After two (2) No-Shows, the City reserves the right to terminate this Agreement for non-performance.

Requests for Clarification/Questions Regarding this RFQ Respondents must satisfy themselves by personally examining the work site, Standard Specifications, Standard Plans, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No respondent shall at any time, after submission of a SOQ, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in RFQ documents shall be called to the attention of the City by submission of a written request for clarification or question.

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The deadline for submittal of Requests for Clarification/Questions TBD at 4:00 pm.

Any requests for clarification/questions received after this deadline will not be answered.

Communication or solicitation with other City Officials or Employees regarding any aspect of this RFQ is expressly prohibited and may result in disqualification.

Anyone submitting a SOQ or is on a SOQ team shall not contact any City employee or City Council members regarding any aspect of this RFQ unless in the manner described above.

Legal Responsibilities of Consultant
Any consultant submitting a SOQ shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq., of the Labor Code for each craft, classification, or type of workman required as set forth by the Director of Industrial Relations of the State of California. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Consultant or any such subconsultant under him.

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The City will deduct a 5-percent retention from all progress payments. The Consultant may substitute an escrow holder surety of equal value to the retention. The Consultant shall be beneficial owner of the surety and shall receive any interest thereon.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Consultant, or subconsultant, offers and agrees to assign to the awarding body all rights, title, and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Consultant, without further acknowledgement by the parties.

1. Overview of the Company: The company that will take the lead in providing the requested services shall be described in this section.

1.2 Describe the company’s experience with similar design projects. Previous experience on designing similar scope is highly desirable.

1.3 Describe how your company plans to provide experienced, knowledgeable, and professional staff, who will deliver quality deliverables on this project.

1.4 Describe why the City should select your company over other SOQs that may be submitted?

2. Project Manager: The respondent shall designate a qualified individual who will be the primary contact and will serve as the project manager.

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Instead of providing a resume, describe the project manager’s background, focusing on why you chose this person to be the project manager of the project. Cite specific examples of projects where this individual has done similar work, or lead a team to deliver similar work, as requested in the scope of work. Describe when were those projects were done. List any certificates, licenses, training, or special equipment training that this project manager has that may be relevant towards completing the scope of work.

3.1 Provide the name of each team member (including the project manager) and all tasks assigned to each team member. If the team member is from a subcontracted firm, provide the name of the company that this person works, so we can identify what work is being subcontracted out if any. At least 50% of the scope of work shall be performed by the consultant. If any portion of the work will be subcontracted, provide a list of those subs with identification of tasks assigned, company name, local office address, contract person for company, phone number and email of contact person, and reason why choosing this company to do those tasks.

3.3 List any certificates, licenses, training, or special equipment training that the team members have that may be relevant towards completing the scope of work.

Similar work for other public agencies is preferred. For each project provide a reference person and phone number of the client, who can confirm your work experience on that project.

Each reference project must include the following information:
• Agency or name of company you provided services to
• Name of the contact person who can verify the work you have done • Telephone number and/or email of the contact person
• Name of project
• Location of project
• Date(s) (month/year to month/year) you provided services to them • Description of the work done and the role of your company on the project • Reason why this reference project demonstrates your team’s ability to complete DRAFT
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the scope of work in this RFQ
• A sample plan sheet is not required but desirable
• A photo is not required but desirable

5. Scope of Work. Summarize your approach to providing the scope of work. • Describe your procedure to respond to an emergency call out from the City.

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Each respondent shall also submit the completed Designation of Subcontractors, Suppliers, and Vendors Form included in the attachments designating any subcontractors that the bidder intends to use to complete the scope of work. Each respondent shall also submit the completed Registration with the California Department of Industrial Relations Form, respondent’s Violation of Law/Safety Questionnaire Form, Non-Collusion Declaration Form, Certification of NonDiscrimination by Contractors Form, and Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws Form, included in the Attachments.

Contract Requirements
The selected consultant shall be required to enter into contract with the City to provide the scope of work. When services are required, the City will choose the consultants best suited for the tasks from the short list and award via separate contract with the City reflecting the terms and conditions of the SOQ in addition to the City's standard construction services agreement requirements. The short list will be valid for a period of three (3) years from the date of the original selection. A copy of the standard contract, including all requirements of the contract, is attached to this RFQ.

Selection Criteria
The criteria for evaluating the submitted SOQs will take the following items into consideration:
50% Qualifications/expertise of company/team & similar prior project experience/ references
50% Rate Schedule
The SOQs will be reviewed by City staff members. The committee will evaluate each submitted SOQ and score them according to the criteria above. An average of the scores will be used to rank the SOQs. Depending on the number of SOQs submitted, the top tier of respondents may be asked to come in for an interview. The City reserves the right to negotiate pricing and for additional terms. The City also reserves the right to begin negotiations and enter into a contract without an interview or further discussions. Once negotiations are complete, a recommendation will be submitted to the City Council for approval of the contract.

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Withdrawl of SOQS
Prior to the SOQ submittal deadline, a SOQ may be withdrawn by the respondent only by using the Agency’s electronic system. No respondent may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

If there is reason for believing that collusion exists among the respondent, all SOQs will be rejected and none of the participants in such collusion will be considered in future SOQs.

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
A SOQ may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

A SOQ may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

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Tentative Schedule
The following proposed project schedule is provided for reference only. • Release RFQ: TBD
• Deadline for receiving questions: TBD
• SOQ package due by: TBD at 3:00 P.M.
• Consultants Notified/Selection (short list): TBD
• Council Review and Consideration: TBD
Attachments
Attachment 1 - Standard Agreement Template
Attachment 2 – Designation of Subcontractors, Suppliers, and Vendors Form Attachment 3 – Registration with the California Department of Industrial Relations Form Attachment 4 – Bidder’s Violation of Law/Safety Questionnaire Form Attachment 5 – Non-Collusion Declaration Form
Attachment 6 – Certification of Non-Discrimination by Contractors Form Attachment 7 – Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws
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Attachment 1
Standard Agreement Template
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Attachment 2
Designation of Subcontractors, Suppliers, and
Vendors Form
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Attachment 3
Registration with The California Department of
Industrial Relations Form
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REGISTRATION WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

Prime Contractor Name: ____________________________________________________________ Telephone: (________)_______________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ DRAFT
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Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:___________________________________________________________________ DRAFT
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Attachment 4
Respondent’s Violation of Law/Safety
Questionnaire Form
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the respondent shall complete, under penalty of perjury, the following questionnaire.

Note: This questionnaire constitutes a part of the SOQ, and a signature portion of the SOQ shall constitute signature of this questionnaire.

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Attachment 5
Non-Collusion Declaration Form
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NON-COLLUSION DECLARATION
The undersigned declares:

I am the _______________________________ of _______________________________________, the party making the foregoing bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at __________________________[city], _____________________[state]. _____________________________________
(Signature)
_____________________________________
(Print Name)
_____________________________________
(Title)
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Attachment 6
Certification of Non-Discrimination by Contractors
Form
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We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

3. To take affirmative steps to hire minority employees within the company.

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Attachment 7
Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Laws Form
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and DRAFT
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finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code §20103.5:

License No. Class: Expiration Date:

Date Signature DRAFT
273
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REQUEST FOR QUALIFICATIONS FOR WASTEWATER SYSTEM

SUPERVISORY CONTROL & DATA ACQUISITION (SCADA)

MAINTENANCE SERVICES
Date: June 21, 2023
Agenda Item: 10.J

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council authorize Staff to publish a Request for Qualifications for Wastewater System Supervisory Control & Data Acquisition (SCADA) Maintenance Services.

BACKGROUND:

The Water Recycling Facility (WRF) has been in operation continuously since 2010 and is designed to treat wastewater flows of up to 4.2 million gallons per day (MGD) with a peak operating capacity of 7.0 MGD. SCADA systems are used at the WRF to support real-time monitoring, display process controls, send alarms and notifications, support data logging and analysis and provide remote access and control. SCADA enables the WRF to run optimized processes saving the City operator time and money through efficiency.

Wastewater is transported to the WRF through the City’s wastewater collection system, which includes collection pipelines, several lift stations, and related infrastructure.

ANALYSIS:

The City needs specialized contractors to provide on call and/or emergency SCADA Integration, Instrumentation, and PLC Programming services work that exceeds staff’s ability and capacity to address internally. By pre-qualifying consultants to be utilized on an on-call basis, the three months traditionally used in soliciting consultants through a specific Request for Proposals (RFQ/P) process is eliminated on the front end of each project.

Every project assigned to a consultant will still require a separate written scope of work and contract. Dependent upon the overall value of the contract approval by either the Department Head, City Manager or the City Council. Representative projects typically consist of providing software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The recommended consultants will be utilized to address: 1) Relocation work requested by the City of Santa Paula, 2) As needed repair/relocation maintenance work, and 3) Unexpected emergency repair work. The 274
consultants will be evaluated based on their qualifications, experience, and unit prices.

In addition to the pre-qualification, a $50,000 on-call contract will be awarded to a qualified contractor for emergency and on-call services at the WRF.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

At this time, there are no fiscal impacts. Subsequent to the RFQ process, Staff will prepare a staff report and provide findings and recommendations and present it to the City Council for consideration and approval. The report will include a fiscal impact analysis and make recommendations for award of a SCADA Maintenance Services contract. The funding for the services will be from the approved FY23/24 & FY24/25 Wastewater Operating Budgets.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to publish a RFQ for SCADA Maintenance Services. Doing so would delay critical SCADA repair and maintenance work that cannot always be performed with internal staff.

ATTACHMENTS:

EXHIBIT A â€“ RFQ for Water System SCADA Maintenance Services.pdf 275

EXHIBIT A
Request for Qualifications for Water System SCADA
Maintenance Services
276

CITY OF SANTA PAULA

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ)
FOR

ON-CALL WATER SYSTEM SUPERVISORY CONTROL & DATA ACQUISITION (SCADA) MAINTENANCE SERVICES

PROPOSALS ARE DUE: Not later than 3:00 P.M. TBD, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

No firm responding to this SOQ may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

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EXHIBIT A
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Submission
One (1) original, three (3) hard copies, and one searchable pdf on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
The response shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFQ.

The undersigned agrees to furnish the services stipulated in this RFQ.

Company Address
Name (Print) Signature
Company Phone No. Title DRAFT
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Page 1 of 13 ends

City of Santa Paula

REQUEST FOR STATEMENT OF QUALIFICATION
FOR

ON-CALL WATER SYSTEM SCADA MAINTENANCE SERVICES
TBD, 2023
Requests for clarification are due by 4:00 P.M. on TBD, TBD, and shall be submitted in writing to Tatiana Arnaout at [email protected].

Proposals are due at the City Clerk’s office by 3:00 P.M. TBD, TBD, at:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street
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Santa Paula, CA 93060
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Introduction
The City of Santa Paula (City) is inviting qualified contractors to submit a Statement of Qualifications (RFQ) to be considered for the short list of prequalified firms to provide OnCall Water System SCADA Maintenance Services (“Services”) to perform the services as listed herein. The City reserves the right to prequalify any number of contractors. Due to the as-needed nature of the work, no work is guaranteed regardless of the selection. The scope of work will vary and will be requested on a work order basis as the need arises.

Nothing in this RFQ requires the City to select a sole source contractor for any project and services or guarantees a certain amount of work to any contractors in the short-list.

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Scope of Work
The City is seeking SOQs from qualified consultants for a three-year contract to provide 24-hour 7 days a week on-call Water System SCADA Maintenance services to augment the maintenance work the City performs. Selected consultants will be placed on a panel for which proposals for projects of $60,000 or less will be solicited, which if accepted will be reduced to a separate Work Order for each project to be performed under the master contract awarded to each selected firm as a result of this RFQ.

Consultant shall upgrade the SCADA systems to the most current version as well as test, troubleshoot and optimize the systems to ensure full interoperability and security.

Services shall include, but are not limited to:

System-Wide
● Calibrate/replace controls and instrumentation, sensors and switches (pressure, flow, level and temperature)
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● Calibrate/refurbish/replace chemical (pH, conductivity, chlorine, ammonia and chloramines) analyzers
● Refurbish/replace Uninterruptible Power Supplies (UPSs) ● Work with City Information Systems Department and Verizon to isolate and remove sources of SCADA network dropouts
● Analyze power monitor data for real-time efficiency and time-of-use (TOU) evaluation
● Calibrate water system instrumentation
● Evaluate and repair communication network – coordinate with Cell provider and City Information Systems regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations ● Maintain software installed on (SCADA) server for local and state reporting ● Evaluate opportunities to extend City's fiber backbone to remote sites (blending stations, flow monitoring, pressure monitoring, etc.

The Consultant shall provide recent experience in successfully providing similar services within municipal water systems.

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The Consultant shall professionally manage the work on at a job site, as well as make sure notifications or information is sent out to the public in a timely manner; promptly addressing concerns of the business and residential community; and monitoring construction mitigations to ensure noise, debris, and traffic disruptions are kept at a tolerable level.

This Agreement specifies performance of services by a contractor on an “as needed” or “on-call” basis. Under the terms of this Agreement, the City, in its sole discretion, will determine both the extent and nature of each scope of work or callout it requires the consultant to perform or complete, and the specific terms and conditions under which it requires the contractor to perform or complete the scope or project. Nothing contained herein, however, shall be construed by the contractor as promise or guarantee of any minimum amount of Work or compensation hereunder. The City may solicit proposals from Consultant in its discretion and may accept or reject such proposals in its discretion.

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• Consultant cannot be reached at either of the designated phone numbers • Consultant does not confirm acceptance or decline of the work request within 30 minutes for an emergency call out or 4 hours for a non-emergency call out • Consultant declines the work request within the designated time After three (3) Declined Requests the City reserves the right to terminate this Agreement for nonperformance. If the Consultant accepts the work request and subsequently fails to respond on site within the designated time for emergency or non-emergency work, it shall be considered a No-Show. After two (2) No-Shows, the City reserves the right to terminate this Agreement for non-performance.

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The deadline for submittal of Requests for Clarification/Questions TBD at 4:00 pm.

Any requests for clarification/questions received after this deadline will not be answered.

Communication or solicitation with other City Officials or Employees regarding any aspect of this RFQ is expressly prohibited and may result in disqualification.

Anyone submitting a SOQ or is on a SOQ team shall not contact any City employee or City Council members regarding any aspect of this RFQ unless in the manner described above.

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The City will deduct a 5-percent retention from all progress payments. The Consultant may substitute an escrow holder surety of equal value to the retention. The Consultant shall be beneficial owner of the surety and shall receive any interest thereon.

1. Overview of the Company: The company that will take the lead in providing the requested services shall be described in this section.

1.2 Describe the company’s experience with similar design projects. Previous experience on designing similar scope is highly desirable.

1.3 Describe how your company plans to provide experienced, knowledgeable, and professional staff, who will deliver quality deliverables on this project.

1.4 Describe why the City should select your company over other SOQs that may be submitted?

2. Project Manager: The respondent shall designate a qualified individual who will be the primary contact and will serve as the project manager.

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Instead of providing a resume, describe the project manager’s background, focusing on why you chose this person to be the project manager of the project. Cite specific examples of projects where this individual has done similar work, or lead a team to deliver similar work, as requested in the scope of work. Describe when were those projects were done. List any certificates, licenses, training, or special equipment training that this project manager has that may be relevant towards completing the scope of work.

3.1 Provide the name of each team member (including the project manager) and all tasks assigned to each team member. If the team member is from a subcontracted firm, provide the name of the company that this person works, so we can identify what work is being subcontracted out if any. At least 50% of the scope of work shall be performed by the consultant. If any portion of the work will be subcontracted, provide a list of those subs with identification of tasks assigned, company name, local office address, contract person for company, phone number and email of contact person, and reason why choosing this company to do those tasks.

3.3 List any certificates, licenses, training, or special equipment training that the team members have that may be relevant towards completing the scope of work.

Similar work for other public agencies is preferred. For each project provide a reference person and phone number of the client, who can confirm your work experience on that project.

Each reference project must include the following information:
• Agency or name of company you provided services to
• Name of the contact person who can verify the work you have done • Telephone number and/or email of the contact person
• Name of project
• Location of project
• Date(s) (month/year to month/year) you provided services to them • Description of the work done and the role of your company on the project • Reason why this reference project demonstrates your team’s ability to complete DRAFT
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the scope of work in this RFQ
• A sample plan sheet is not required but desirable
• A photo is not required but desirable

5. Scope of Work. Summarize your approach to providing the scope of work. • Describe your procedure to respond to an emergency call out from the City.

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Each respondent shall also submit the completed Designation of Subcontractors, Suppliers, and Vendors Form included in the attachments designating any subcontractors that the bidder intends to use to complete the scope of work. Each respondent shall also submit the completed Registration with the California Department of Industrial Relations Form, respondent’s Violation of Law/Safety Questionnaire Form, Non-Collusion Declaration Form, Certification of NonDiscrimination by Contractors Form, and Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws Form, included in the Attachments.

Selection Criteria
The criteria for evaluating the submitted SOQs will take the following items into consideration:
50% Qualifications/expertise of company/team & similar prior project experience/ references
50% Rate Schedule
The SOQs will be reviewed by City staff members. The committee will evaluate each submitted SOQ and score them according to the criteria above. An average of the scores will be used to rank the SOQs. Depending on the number of SOQs submitted, the top tier of respondents may be asked to come in for an interview. The City reserves the right to negotiate pricing and for additional terms. The City also reserves the right to begin negotiations and enter into a contract without an interview or further discussions. Once negotiations are complete, a recommendation will be submitted to the City Council for approval of the contract.

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Withdrawl of SOQS
Prior to the SOQ submittal deadline, a SOQ may be withdrawn by the respondent only by using the Agency’s electronic system. No respondent may withdraw its SOQ for a period of ninety (90) days after the deadline for submission of SOQs.

If there is reason for believing that collusion exists among the respondent, all SOQs will be rejected and none of the participants in such collusion will be considered in future SOQs.

City of Santa Paula
City Clerk
970 E. Ventura Street
Santa Paula, CA 93060
A SOQ may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

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Tentative Schedule
The following proposed project schedule is provided for reference only. • Release RFQ: TBD
• Deadline for receiving questions: TBD
• SOQ package due by: TBD at 3:00 P.M.
• Consultants Notified/Selection (short list): TBD
• Council Review and Consideration: TBD
Attachments
Attachment 1 - Standard Agreement Template
Attachment 2 – Designation of Subcontractors, Suppliers, and Vendors Form Attachment 3 – Registration with the California Department of Industrial Relations Form Attachment 4 – Bidder’s Violation of Law/Safety Questionnaire Form Attachment 5 – Non-Collusion Declaration Form
Attachment 6 – Certification of Non-Discrimination by Contractors Form Attachment 7 – Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws
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Attachment 1
Standard Agreement Template
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Attachment 2
Designation of Subcontractors, Suppliers, and
Vendors Form
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Attachment 3
Registration with The California Department of
Industrial Relations Form
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REGISTRATION WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

Prime Contractor Name: ____________________________________________________________ Telephone: (________)_______________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:__________________________________________________________________ Subcontractor Name: _______________________________________________________________ DRAFT
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Telephone:
(________)_________________________________________________________________________ Address:
_______________________________________________________________________________ DIR Registration
Number:___________________________________________________________________ DRAFT
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Attachment 4
Respondent’s Violation of Law/Safety
Questionnaire Form
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the respondent shall complete, under penalty of perjury, the following questionnaire.

Note: This questionnaire constitutes a part of the SOQ, and a signature portion of the SOQ shall constitute signature of this questionnaire.

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Attachment 5
Non-Collusion Declaration Form
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NON-COLLUSION DECLARATION
The undersigned declares:

I am the _______________________________ of _______________________________________, the party making the foregoing bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at __________________________[city], _____________________[state]. _____________________________________
(Signature)
_____________________________________
(Print Name)
_____________________________________
(Title)
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Attachment 6
Certification of Non-Discrimination by Contractors
Form
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We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

3. To take affirmative steps to hire minority employees within the company.

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Attachment 7
Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Laws Form
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and DRAFT
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finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code §20103.5:

License No. Class: Expiration Date:

Date Signature DRAFT
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: FIRST AMENDED AND RESTATED COOPERATIVE AGREEMENT FOR

VALLEY EXPRESS TRANSIT SERVICE AGREEMENT
Date: June 21, 2023
Agenda Item: 10.K

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council approve and authorize the City Manager to execute the First Amended and Restated Cooperative Agreement for Valley Express Transit Service.

BACKGROUND:

In May 2014, the City of Santa Paula, the City of Fillmore, Ventura County, and Ventura County Transportation Commission (“VCTC”) entered into a Cooperative Agreement for Valley Express Transit Service (“2014 Agreement”) whereby VCTC agreed to administer transit service on behalf of the City of Santa Paula, the City of Fillmore, Ventura County (“Agencies”) through a third-party contractor, MV Transportation. The 2014 Agreement was structured to terminate when VCTC’s agreement with MV Transportation terminated. Following an RFP process, VCTC selected MV Transportation to administer transit services. VCTC’s new agreement with MV Transportation expires in June 2027 unless otherwise extended pursuant to three 1-year options to extend.

The purpose of the proposed First Amended and Restated Cooperative Agreement (hereinafter “Cooperative Agreement”) is to continue cooperatively providing transit service administered by VCTC through MV Transportation and update the terms and conditions of the parties’ relationship to facilitate the continued provision of transit service. The proposed Cooperative Agreement is attached as Exhibit A.

ANALYSIS:

City staff and legal counsel have been working with the member agencies’ staff and legal counsel to negotiate the Cooperative Agreement.

The Cooperative Agreement was approved by VCTC on June 2, 2023. Heritage Valley Policy Advisory Committee (HVPAC) approved the Cooperative Agreement on June 7, 2023.

Fillmore and Ventura County are reviewing the Cooperative Agreement for approval this month.
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The Cooperative Agreement includes the following updates to the 2014 Agreement:

The name of the service provided is called Valley Express Transit Service (VETS) and was previously known as Heritage Valley Transit Service.

The Transit Committee is now called and referred to as the Heritage Valley Policy Advisory Committee (HVPAC).

The Technical Committee is now called and referred to as the Heritage Valley Technical Advisory Committee (HVTAC).

The City’s cost for the VETS service will be $43,333 for FY 2023-2024 and will escalate 3% each fiscal year (“Annual Cost Share”). The City will not be liable for its Annual Cost Share beyond June 30, 2027 (i.e. the expiration date of MV Transportation’s contract) should it withdraw before the Cooperative Agreement expires. When an agency withdraws, the Annual Cost Share formula must be revised to equitably reapportion the withdrawing agency's contribution to the remaining agencies. This was not explicitly addressed in the 2014 Agreement.

VCTC will conduct on-board passenger surveys biennially rather than annually.

The Term of the agreement is clarified by stating that it concludes at the later of (1) the end of the Transit Operator contract term or (2) any extension of the term VCTC enters into with the Transit Operator. VCTC’s contract with MV Transportation, the current Transit Operator, is set to expire on June 30, 2027 and includes three 1-year options to extend.

A mutual indemnification provision has been added.

Attachment A – Route and Service Description
Service will begin on weekdays at 5:45 a.m. rather than 6:00 a.m. and end at 7:45 p.m. rather than 8:00 p.m.

Service will begin on weekends at 8:00 a.m., but will end at 6:00 p.m. rather than 5:30 p.m.

Regular fares will be $2.00 for all passengers; previously $0.85 for seniors, disable, Medicare card holders; $1.75 for all others.

Dial-A Ride service times and intervals:

Dial-A Ride fares are adjusted as follows:

Attachment B - Performance Reporting
In addition to reporting on revenues, recovery ration, operating costs, administration costs, ridership, vehicle service miles, passengers per vehicle service mile, and total miles, reports will include vehicle service hours, total operating cost per vehicle service hour, passengers per vehicle service hour and total hours.

The remaining terms of the Cooperative Agreement (which do not significantly differ from the 2014 Agreement) are summarized as follows:

Heritage Valley Policy Advisory Committee (HVPAC) Role
The HVPAC reviews the Heritage Valley Transit Services budget, determines if any capital expenditures are required, reviews the contract for operation of the service, and discusses methods of expanding or adjusting the service to respond to the transit needs of the region.

The HVPAC is composed of the Ventura County Transportation Commission (VCTC) Executive Director, VCTC Commissioners from the Cities of Fillmore and Santa Paula (currently, Councilmember Crosswhite), and the County Supervisor whose district represents the Cities of Fillmore and Santa Paula. 308
The HVPAC meets as needed.

Heritage Valley Technical Advisory Committee (HVTAC) Role The HVTAC advises the Heritage Valley Policy Advisory Committee (HVPAC) on operational elements of the services including routes, schedules, adjustments to the performance standards in the Heritage Valley Transit Plan, the annual budget, the annual report, and other service details.

The HVTAC is composed of staff representatives from VCTC, the Cities of Fillmore and Santa Paula, and the County, and a member of the contract Transit Operator providing the service. MV Transportation is the current Transit Operator.

The HVTAC meets as needed.

Administration
VCTC will administer the VETS program and be responsible for grant funding, National Transit Database Data Collection, submitting FTA Quarterly Reports, use revenues to defray operating costs, making payments to MV Transportation, collecting local shares and fare box revenues for deposit into a revenue account, coordinating transit services, community outreach, customer relations, conducting on-board passenger surveys, handle accounting, arrange for audits, prepare future RFPs for transit operators.

Agency withdrawal
A member agency can withdraw from the agreement and services with notice to all Parties no later than January 1st before the beginning of the next fiscal year. Withdrawal will be effective on July 1st of the new fiscal year. Withdrawal of two agencies terminates the Cooperative Agreement.

Miscellaneous provisions regarding changes to the agreement, notices, governing law, and construction.

Attachment A - Route and Service Description
Fixed Route Fares
Regular fares will be $1.25; for seniors, disabled, and Medicare card holders the fare will be $0.60.

Santa Paula Fixed Route service hours
Monday through Friday, 6:00 a.m. to 8:00 p.m. and Saturday and Sunday from 8:00 a.m. to 5:30 p.m.

As noted above, because the term of the Cooperative Agreement aligns with the Transit Operator contract term, it will remain in effect through at least June 30, 2027, unless the City withdraws earlier.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

The Service is to be funded to the maximum extent practicable with federal transit funds, as approved by the VCTC and the Federal Transit Administration (FTA) with a local match as required by Federal Law. The required local match will be paid by the Agencies at least 309
annually, not later than September 1, based on funding shares per jurisdiction as follows:

Agency Funding
County 33.4%
Santa Paula 33.3%
Fillmore 33.3%
Total 100%
The anticipated annual contribution amount by the City is as follows:

FY 23/24 $43,333
FY 24/25 $44,633
FY 25/26 $45,972
FY 26/27 $47,351
The proposed two year budget does not include a local match from either General Fund or Measure T. Staff will return to Council in the first quarter review of FY 2023/24.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize the City Manager to execute the First Amended and Restated Cooperative Agreement for Valley Express Transit Service. Doing so would prevent the City from cooperatively providing transit service to its residents and visitors as administered by VCTC through MV Transportation.

ATTACHMENTS:

Exhibit A - First Amended and Restated Cooperative Agreement Valley Express Transit Service.pdf
USE FOR EXHIBIT A --> 2023 VE Coop Agreement Final-c1 (6.12.23).docx 310

EXHIBIT A
First Amended and Restated Cooperative Agreement Valley Express Transit Service
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FIRST AMENDED AND RESTATED COOPERATIVE AGREEMENT

VALLEY EXPRESS TRANSIT SERVICE
This First Amended and Restated Cooperative Agreement (“Agreement”) is effective as of the 2nd day of March, 2023 (“Effective Date”) by and between the City of Fillmore (“Fillmore”), a municipal corporation and general law city, the City of Santa Paula (“Santa Paula”), a municipal corporation and general law city, the County of Ventura (“County”), a subdivision of the state of California, and the Ventura County Transportation Commission (“VCTC”), a county transportation commission organized pursuant to Public Utilities Code § 130000, et seq., each of which is a Party and collectively Parties. Fillmore, Santa Paula, and the County are collectively referred to herein from time to time as the “Agencies” or singularly as an “Agency.”

RECITALS
WHEREAS, on or about May 20, 2014, the Parties entered into a Cooperative Agreement pursuant to which VCTC agreed to administer transit service on behalf of the Agencies through a third-party contractor (“Cooperative Agreement”); and
WHEREAS, in furtherance of the Cooperative Agreement, after a competitive process, VCTC entered into a transit services agreement with MV Transportation, Inc. (“MV Transportation”) to act as the Transit Operator which was to expire on March 1, 2023; and WHEREAS, pursuant to Section 7 of the Cooperative Agreement, the Cooperative Agreement was to terminate upon the expiration of the prior transit services agreement with MV Transportation, on March 1, 2023; and
WHEREAS, VCTC issued a Request for Proposals (“RFP”), in coordination with the Agencies and in accordance with procedures set forth in Section 6 of the Cooperative Agreement, for a new Transit Operator on July 25, 2022 and pursuant to that RFP, again selected MV Transportation , and entered into a new contract with MV Transportation on the first day of January 2023, which expires on June 30, 2027, unless otherwise extended pursuant to three 1-year options to extend; and WHEREAS, the Parties wish to continue cooperatively providing transit service administered by VCTC through a third-party contractor and desire to enter into this new Agreement to update the terms and conditions of the Parties’ relationship to facilitate the continued provision of transit service as described herein; and.

WHEREAS, capitalized terms in this Agreement shall have the same meanings ascribed to them in the Cooperative Agreement unless otherwise defined herein.

NOW THEREFORE, the Parties agree that the foregoing Recitals are true and correct and the Parties further agree as follows:

Section 1: Purpose
The purpose of this Agreement is for the Agencies to continue cooperatively providing transit service within the service area outlined in Attachment A, attached hereto and incorporated herein, and for VCTC to continue administering such service.
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Section 2: Name
The name of the service provided pursuant to this Agreement is the Valley Express Transit Service (VETS). VCTC will oversee and cause the services and operation set forth in Attachment A (the “Services”) to be performed by a third-party contractor (“Transit Operator”).

Section 3: Heritage Valley Policy Advisory Committee (HVPAC) HVPAC will continue to be responsible for overseeing the operations of the VETS. Each Party will select one (1) person to act as a regular member of HVPAC (“Member”). VCTC’s Member must be its Executive Director or his or her designee. Each Agency’s Member must be a VCTC Commissioner and a member of that Agency’s governing body. Each Party will also designate an alternate, who will serve as Member with full voting privileges in the absence of the regular Member. VCTC’s alternate may be designated by its Executive Director. Santa Paula’s and Fillmore’s alternates must be their respective city managers.

The County’s alternate must be another Supervisor or its Public Works Agency Director. For all Agencies, if the primary and alternate Members are not available, the Agency’s governing body must appoint a person to serve as Member. Except as otherwise provided in this Agreement, each Agency’s Member will have one vote. VCTC’s Member will have no vote. Except as otherwise provided, votes taken by the HVPAC will be advisory only; the Agencies are not bound by HVPAC decisions.

HVPAC is charged with reviewing the Services (as defined above); reviewing the Services budget; determining if any capital expenditures are required to support the Service; reviewing the transit services agreement; discussing methods of expanding or adjusting the Service to respond to the transit needs of the regions identified by the Parties; deciding other miscellaneous Service-related matters as determined by the Parties; and meeting as needed, but not less than once every quarter. The Parties understand and agree that the HVPAC must comply with all statutory and regulatory requirements of the Ralph M.

Brown Act (Gov. Code, § 54950 et seq.).

A quorum consists of two voting representatives, and the HVPAC may take no action without a quorum.

The Chairperson of HVPAC must be a Member from one of the Agencies and will rotate every two years amongst the three Agency Members.

HVPAC makes recommendations involving, without limitation, the following issues regarding the Service:
• Selection of the Transit Operator;
• Fare adjustments;
• Schedule revisions resulting in a change of more than 20% in daily service hours; • Amendments or revisions to this Agreement;
• Annual budget; and
• Updates to the Services.

HVPAC must meet each year before April 1 to review and recommend to VCTC the Annual Budget and route plan for the following year, and each year before November 1 to receive the annual report and input from the HVTAC (as defined below) with respect to meeting targets for goals, objectives, and performance measurements. HVPAC sets policy for the Service to the maximum extent possible allowed by law or regulation. When formal action by the Agencies is required, HVPAC must make a recommendation to the Agencies. When formal action of VCTC is required, HVPAC must make a recommendation to VCTC.

In the event VCTC is required to take action as the public agency directly responsible for providing the Service and VCTC does not approve the recommendation of HVPAC, then HVPAC and the VCTC 313
Administrative Committee, consisting of the VCTC Chair, Vice-Chair, and Immediate Past Chair, must meet and confer in an effort to resolve differences in the recommended action. In the event that a member of the Administrative Committee is also a member of HVPAC, VCTC must designate a substitute member to participate in the meet-and-confer process on behalf of VCTC.

Section 4: Heritage Valley Technical Advisory Committee (HVTAC) HVTAC consists of staff representatives from VCTC, the cities of Fillmore and Santa Paula, and the County. A member of the staff of the Transit Operator providing the Services must serve as ex-officio member of the HVTAC.

HVTAC advises VCTC on operational elements of the Service, including routes, schedules, and adjustments to the performance standards in the March 2013 Valley Express Transit Study Final Report (or any subsequent studies and/or reports), the annual budget, the annual report, and other service details, and make recommendations to the HVPAC. Minor modifications to Services plans, routes, and schedules are delegated to HVTAC.

Section 5: Funding
The Service is to be funded to the maximum extent practicable with federal transit funds, as approved by the VCTC and the Federal Transit Administration (FTA) with a local match as required by Federal Law.

The required local match will be paid by the Agencies at least annually, not later than September 1, based on funding shares per jurisdiction as follows:

Agency Funding
County 33.4%
Santa Paula 33.3%
Fillmore 33.3%
Total 100%
Future year local contribution shares must be recommended by HVTAC and set as part of the annual budget process by VCTC. In no event may an Agency be required to contribute funds in excess of its annual Transportation Development Act Local Transportation Funds apportionment.

Section 6: Administration
VCTC will act as the administrator of the VETS. The Agencies must reimburse VCTC for administrative services in the amount $130,000 of local funds for FY 2023-2024, escalating 3% each fiscal year, shared equally in thirds by each Agency ($43,333 per Agency for FY 2023-2024). Payment must be made to VCTC not later than September 1 to cover the costs of administration for the prior 12-month period. The responsibilities of VCTC with respect to the administration of these services are as follows:
• Grant Funding: As Designated Recipient and Grantee, prepare, submit, and obtain approval for federal transit funding.
• National Transit Database Data Collection: The FTA requires that transit operators collect and report on ridership, operating data and other system characteristics. VCTC will collect this data either by the Automated Passenger Counters (APC) component of the automatic vehicle location system, or by VCTC conducting ride checks on the buses in the FTA-prescribed manner. VCTC will collect and process the data and submit the information to FTA for review. 314
• FTA Quarterly Reports: VCTC, as the Designated Recipient, is responsible for submitting quarterly financial reports to FTA. VCTC must also prepare quarterly project status reports describing the activities which occurred during the preceding quarter, all financial transactions which occurred, including fare box and other revenue (donations, advertising if desired), all expenditures and the type of funds used, staff hours expended on activities, and projected activities for the following quarter.
• Operating Costs: VCTC will use fare revenues, including monthly pass receipts and any passenger contributions collected from specific establishments being served, to defray operating costs. Fare revenues will be compared to actual ridership counts on vehicles to assure accurate ridership assessment.
• Payments to the Contractor: VCTC is responsible for processing monthly payments to the Transit Operator. This involves reviewing the Transit Operator's bills for accuracy and electronic draw down of federal funds and payment to the Transit Operator. • Fare Box/Local Share/Pass Sales/Deposits/Reporting: VCTC is responsible for collecting the local shares from the Agencies, collecting fare box revenues from the Transit Operator and depositing the funds into a revenue account.
• Bus Schedules: VCTC is responsible for coordinating schedules for fixed route transit services.

Schedules must be updated as route and fare changes occur. Schedules may also be changed for special conditions, events and holidays.
• Community Outreach/Public Awareness: VCTC is responsible for providing ongoing public outreach for VETS with community agencies, organizations and schools to communicate the Service available. VCTC, in cooperation with the Agencies, will develop and produce promotional materials and media buys for print, radio, and TV, within adopted budgetary constraints. • Contractor Relations: VCTC will maintain an awareness of the Transit Operator's staff, equipment, maintenance practices and safety training to assess the service and route. VCTC will monitor Transit Operator performance to ensure the requirements of the contract such as hours of service, days of operation, etc., are met. VCTC will obtain certificates of insurance. VCTC will inform the Transit Operator of special programs VETS offers. VCTC will handle all Transit Operator complaints and claims.
• Customer Relations: VCTC will respond to customer comments and complaints in a timely manner.
• On-Board Survey(s): Biennially, VCTC will conduct an on-board passenger survey in a manner approved by the Agencies. VCTC will conduct one additional on-board survey, if so requested by the Agencies.
• Accounting: VCTC will monitor and reconcile funds in the bank accounts and prepare monthly financial statements. VCTC will reconcile receipts from the Transit Operator and pass sales.

VCTC will electronically draw down federal funds to combine with the correct local match to pay bills.
• Audits: VCTC will have the VETS service accounting records audited by an independent Certified Public Accountancy firm as part of the VCTC annual fiscal audit. 315
• RFP/Contract Preparation: For any future RFP for transit service, VCTC will, with assistance from HVTAC, prepare an RFP to solicit the Transit Operator and negotiate the contract. Any RFP committee established by VCTC for this purpose must include at least one Member of HVPAC.

VCTC may not approve the contract unless and until HVPAC has reviewed the selection of the Transit Operator and the final terms of the contract and made a recommendation to VCTC to act on the contract.
• Meetings of the HVPAC and HVTAC: VCTC is responsible for preparing and distributing agendas and agenda items for meetings of HVPAC and HVTAC as needed.

Section 7: Term
The term of this Agreement begins on the Effective Date after the adoption of the Agreement by all four Parties and concludes at the later of: (1) the end of the term or (2) any extension of the term of the contract VCTC enters into with a Transit Operator to provide the Services as specified in Attachment A.

VCTC’s contract with the existing Transit Operator is set to expire on June 30, 2027; the contract also includes three 1-year options to extend. This Agreement may be extended by the written, mutual consent of all Parties.

Section 8: Withdrawal
Any Agency may withdraw from this Agreement by providing written notice to all Parties no later than January 1st before the beginning of the next fiscal year. Withdrawal will be effective on July 1st of the new fiscal year.

Any Agency that withdraws from this Agreement will remain liable for that Agency’s share of both the funding under Section 5 of this Agreement, and the costs of administration under Section 6 of this Agreement (together, “Annual Cost Share”). Notwithstanding the foregoing, the Agency will not be liable for its Annual Cost Share beyond June 30, 2027.

Upon any Agency’s withdrawal, HVPAC must revise all cost-sharing formulas in place at the time of the withdrawal to equitably reduce or reapportion the withdrawing Agency’s contribution, net of any cost savings for reductions in activities, administration, or services, among the remaining Agencies.

This Agreement will automatically terminate upon the withdrawal of any two Agencies.

Section 9: Evaluation of Service
VCTC must provide the Agencies with quarterly reports about operations, as shown on Attachment B (incorporated here).

Section 10: Indemnification/ Required Contract
VCTC, as the Designated Recipient, must sign and monitor the contract for Services, after approval thereof by the Agencies.

Except as otherwise provided, each Party releases every other Party from all liability to itself, its officials, officers, employees, agents, and certified volunteers, for any claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement. It is expressly understood and agreed that the foregoing provisions of this Section will survive termination of this Agreement. 316
Each Party shall indemnify, protect, defend, and hold harmless each of the other Parties and their respective officers, employees, and agents, from all liability, claims, or damages arising out of, caused by, or resulting from, the indemnifying Party’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement. It is expressly understood and agreed that the foregoing provisions of this Section will survive termination of this Agreement.

Any contract for the Services must include all of the following requirements:
• The Transit Operator must indemnify, protect, defend and hold harmless VCTC, its officers and employees from all liability, claims, or damages arising out of, caused by, or resulting from, the Transit Operator’s performance of its obligations pursuant to this Agreement and such contract; • The Transit Operator must indemnify, protect, defend and hold harmless each of the Agencies, its officers, agents and employees from all liability, costs, damages or expenses, including attorney's fees, arising out of or incurred in connection with the performance of the Services; • The Transit Operator, at the Transit Operator’s cost, expense, and risk, must defend any and all resulting actions, suits, or other legal proceedings brought or instituted against any or all of the Agencies arising out of the contract services;
• The Transit Operator must pay and satisfy any resulting judgments; • The Transit Operator must provide to each of the Agencies insurance policies covering the Transit Operator’s activities, including general liability and automobile liability with policy limits of not less than $2 million combined single limit for general coverage and $10 million combined single limit for automobile liability coverage.
• The Transit Operator must maintain worker’s compensation insurance with limits as required by the State of California.
• Contractor’s insurance must be with an insurer admitted by the State of California and rated :B+VII or better in Best’s Insurance Guide.
• Each of Transit Operator’s policies must be endorsed to include VCTC and each of the Agencies as additional insureds and must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. • Prior to commencement of the Services, upon request, VCTC may obtain endorsements from the Transit Operator naming VCTC and each Agency as an additional insured.

Section 11: Beneficiaries of Agreement
This Agreement is for the sole benefit of the Parties, and no individual, organization, group, firm, or other entity may have any claim for benefits under this Agreement.

Section 12: Changes to Agreement
Any changes to this Agreement must be approved in writing by each Party’s governing board or that governing board’s designee.

Section 13: Counterparts
317
This Agreement may be executed in one or more counterparts, each of which is deemed an original and will become effective and binding upon the Parties at such time as all the Parties have signed a counterpart of this Agreement. All counterparts so executed will constitute one Agreement binding all the Parties.

Section 14: Notices or Notification
Any notice required to be given in writing under this Agreement, or other notifications, must be given to the parties at the following addresses:

FILLMORE
City Manager
City of Fillmore
250 Central Ave
Fillmore CA 93015

SANTA PAULA
City Manager
City of Santa Paula
970 Ventura Street
P.O. Box 569
Santa Paula CA 93060

COUNTY OF VENTURA
Deputy Director of Public Works
Transportation Department
County of Ventura
800 S. Victoria Avenue
Ventura, CA 93009-1620

VENTURA COUNTY TRANSPORTATION COMMISSION
Executive Director
Ventura County Transportation Commission
751 East Daily Drive
Camarillo, CA 93010
Section 15: Miscellaneous Provisions
Employees. For purposes of this Agreement, all persons employed in the performance of services and functions for each Party are solely that Party’s employees; such persons are not entitled to any other Party’s pension, civil service, or other status.

Entire Agreement. This Agreement represents the entire understanding of the Parties with respect to the subject matter herein, and all prior written and oral agreements regarding the subject matter herein are superseded by this Agreement.

Assignment. No Party may assign this Agreement or any interest herein. Any such attempted assignment will be void.
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Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Ventura County.

Partial Invalidity. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions will remain in effect, unimpaired by the holding.

Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against any Party.

Authority/Modification. Each Party represents and warrants that it has taken all necessary action to authorize the undersigned to execute this Agreement on behalf of that Party and to engage in the actions described herein.

In witness whereof, the parties hereto have executed this Agreement on the dates stated below. 319

CITY OF FILLMORE APPROVED AS TO FORM
By: _____________________________ ______________________________ _______ Date City Attorney Date
ATTEST:

By:______________________

CITY OF SANTA PAULA APPROVED AS TO FORM
By_____________________________ ________________________________ ________ Date City Attorney Date
ATTEST:

By:______________________

COUNTY OF VENTURA APPROVED AS TO FORM
By_____________________________ ______________________________ _________ Date County Counsel Date
ATTEST:

By:______________________

VENTURA COUNTY

TRANSPORTATION COMMISSION APPROVED AS TO FORM
By_____________________________ _______________________________ _________ Date Counsel Date
ATTEST:

By:______________________
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Attachment A

ROUTE AND SERVICE DESCRIPTION
The following is a general description of the Valley Express Transit Services city fixed route and area Dial-A-Ride Systems, and may be revised and/or adjusted during the fiscal year by agreement of the Agencies.

Fillmore, Santa Paula, and Unincorporated Valley Express Dial-A Ride services General public dial-a-ride (DAR) service will be provided to the areas of the cities of Fillmore and Santa Paula and the unincorporated communities of Piru, Bardsdale, Rancho Sespe, and other unincorporated areas surrounding the cities.

Service times and intervals:

Weekdays, 5:45 AM to 7:45 PM, Saturdays & Sundays, 8:00 AM to 6:00 PM Trip reservations can be made up to one week in advance and service is expected to occur within one hour of a call for service.

Service Boundaries
The general service boundaries for the DAR service, which may be adjusted from time to time, are as follows:

Fillmore DAR service: Fillmore city limits, Old Telegraph Road/Grand Avenue on the west, Grand Avenue/Bridge Street on the north; the communities of Piru and Rancho Sespe Housing Development to the east and the community of Bardsdale on the south.

Santa Paula DAR service: Santa Paula City limits and adjacent unincorporated areas including the Mupu and Briggs Schools to the west.

Existing Fares:

Regular Fares: $2.00
Seniors, disabled, Medicare card holders: $2.00
Passes: Daily ride and monthly passes will also be made available at a reduced proportional rate.

Fares include one transfer to regular fixed route service or VCTC Intercity 126 regional service.

Proposed Fares Following Implementation of Fixed Route Transit Fares for the DAR service may be raised so people will be encouraged to ride the fixed route service:
(Note: As proposed in the Valley Express Transit Study). In such a case, all Dial-A-Ride fares will be set at $2.50.

Fixed Route Transit Service
Existing Fares:

Fares for the fixed route will be set lower than DAR service so people will be encouraged to ride the fixed route service: (Note: As proposed in the Valley Express Transit Study) 321
Regular Fares: $1.25
Seniors, disabled, Medicare card holders: $.60
Dial-A-Ride and ADA fare: General public $2.00; ADA and Seniors (65 and older) $2.00) Phase-in of the increased fares from existing fares, or a specified term promotional discount will be evaluated and recommended by the HVPAC with input from the HVTAC.

Passes: Daily ride and monthly passes will also be made available at a reduced proportional rate.

Fares include one transfer VCTC Intercity 126 regional service.

Fillmore Fixed Route
The Fillmore route will consist of a single vehicle on a 30-minute headway on a loop through Fillmore.

Timed-transfers with VCTC Intercity 126 service will occur at the Fillmore Senior Center. The general service boundaries will be south on Santa Clara, west to “D” and “C” Streets, north to 4th and 5th street and east to Mountain View. Service will also include the High School and Middle School.

Comparable ADA service to the fixed route will also be provided.

With Congestion Mitigation Air Quality (CMAQ) funds secured by VCTC on behalf of VETS, service between Fillmore and Moorpark will be implemented in 2024. As a result, the Fillmore route may be modified in conjunction with this service.

Service hours will be Monday through Friday, 6:00 AM to 7:30 PM and on Saturday and Sunday from 7:00 AM to 6:00 PM.

Santa Paula Fixed Route
A fixed route bus service will be initiated in Santa Paula. The Santa Paula route will consist of two vehicles running on 30-minute headways on a loop through Santa Paula. Service to Briggs Rd. (Elementary School) will be provided during morning and afternoon peaks (adjusted to account for early release times). On call service will also be available to the hospital. Timed transfers with the VCTC Intercity 126 service will occur at the Santa Paula Transportation Center at City Hall. The general service boundaries will be south on Harvard Blvd, west at Peck Rd., north on Santa Paula Street, and, east on State Route 150 and North 12th Street.

Comparable ADA service to the fixed route will also be provided.

Long-term expansion will consider adding the area commercial and residential areas south of Highway 126 and the East Area 1 & 2 commercial and residential Gateway development.

Service hours will be Monday through Friday, 6:00 AM to 8:00 PM and on Saturday and Sunday from 8:00 AM to 5:30 PM.

Piru Fixed Route
Fixed route transit service to Piru will be provided along Highway 126 between Fillmore and Piru including a stop at Rancho Sespe. Service will run on an hour frequency. 322
Service hours will be Monday through Friday, 6:00 AM to 8:00 PM and on Saturday and Sunday from 8:00 AM to 5:40 PM.

Comparable ADA service to the fixed route will also be provided. 323
Attachment B

PERFORMANCE REPORTING
On a quarterly basis, VCTC will calculate and provide operating statistics and performance indicators for Weekday service, Weekend service, and for All Periods combined, for monthly, quarterly, and total yearto-date periods, to include:
• Fare box Revenues
• Fare box Recovery Ratio*
• Contractor Operating Costs
• Administration Costs
• Total Adjusted Operating Costs
• Total Ridership
• Total Operating Cost per Passenger
• Vehicle Service Hours
• Total Operating Cost per Vehicle Service Hour
• Passengers per Vehicle Service Hour
• Total Hours
• Vehicle Service Miles
• Passengers per Vehicle Service Mile
• Total Miles
* Fare box Recovery Ratios shown will be the adjusted ratio so that all transit systems may be compared equally. For all VCTC Transit contract services, this means that operating costs equal the sum of operating and maintenance costs contained in each contract, or, conversely, contract costs minus all capital costs. 324
65283.00001\41379189.1

FIRST AMENDED AND RESTATED COOPERATIVE AGREEMENT

WHEREAS, capitalized terms in this Agreement shall have the same meanings ascribed to them in the Cooperative Agreement unless otherwise defined herein.

NOW THEREFORE, the Parties agree that the foregoing Recitals are true and correct and the Parties further agree as follows:

Section 1: Purpose
The purpose of this Agreement is for the Agencies to continue cooperatively providing transit service within the service area outlined in Attachment A, attached hereto and incorporated herein, and for VCTC to continue administering such service.
325
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Section 2: Name
The name of the service provided pursuant to this Agreement is the Valley Express Transit Service (VETS). VCTC will oversee and cause the services and operation set forth in Attachment A (the “Services”) to be performed by a third-party contractor (“Transit Operator”).

Brown Act (Gov. Code, § 54950 et seq.).

A quorum consists of two voting representatives, and the HVPAC may take no action without a quorum.

The Chairperson of HVPAC must be a Member from one of the Agencies and will rotate every two years amongst the three Agency Members.

HVPAC makes recommendations involving, without limitation, the following issues regarding the Service:
 Selection of the Transit Operator;
 Fare adjustments;
 Schedule revisions resulting in a change of more than 20% in daily service hours;  Amendments or revisions to this Agreement;
 Annual budget; and
 Updates to the Services.

In the event VCTC is required to take action as the public agency directly responsible for providing the Service and VCTC does not approve the recommendation of HVPAC, then HVPAC and the VCTC 326
65283.00001\41379189.1
Administrative Committee, consisting of the VCTC Chair, Vice-Chair, and Immediate Past Chair, must meet and confer in an effort to resolve differences in the recommended action. In the event that a member of the Administrative Committee is also a member of HVPAC, VCTC must designate a substitute member to participate in the meet-and-confer process on behalf of VCTC.

The required local match will be paid by the Agencies at least annually, not later than September 1, based on funding shares per jurisdiction as follows:

Section 6: Administration
VCTC will act as the administrator of the VETS. The Agencies must reimburse VCTC for administrative services in the amount $130,000 of local funds for FY 2023-2024, escalating 3% each fiscal year, shared equally in thirds by each Agency ($43,333 per Agency for FY 2023-2024). Payment must be made to VCTC not later than September 1 to cover the costs of administration for the prior 12-month period. The responsibilities of VCTC with respect to the administration of these services are as follows:
 Grant Funding: As Designated Recipient and Grantee, prepare, submit, and obtain approval for federal transit funding.
 National Transit Database Data Collection: The FTA requires that transit operators collect and report on ridership, operating data and other system characteristics. VCTC will collect this data either by the Automated Passenger Counters (APC) component of the automatic vehicle location system, or by VCTC conducting ride checks on the buses in the FTA-prescribed manner. VCTC will collect and process the data and submit the information to FTA for review. 327
65283.00001\41379189.1
 FTA Quarterly Reports: VCTC, as the Designated Recipient, is responsible for submitting quarterly financial reports to FTA. VCTC must also prepare quarterly project status reports describing the activities which occurred during the preceding quarter, all financial transactions which occurred, including fare box and other revenue (donations, advertising if desired), all expenditures and the type of funds used, staff hours expended on activities, and projected activities for the following quarter.
 Operating Costs: VCTC will use fare revenues, including monthly pass receipts and any passenger contributions collected from specific establishments being served, to defray operating costs. Fare revenues will be compared to actual ridership counts on vehicles to assure accurate ridership assessment.
 Payments to the Contractor: VCTC is responsible for processing monthly payments to the Transit Operator. This involves reviewing the Transit Operator's bills for accuracy and electronic draw down of federal funds and payment to the Transit Operator.  Fare Box/Local Share/Pass Sales/Deposits/Reporting: VCTC is responsible for collecting the local shares from the Agencies, collecting fare box revenues from the Transit Operator and depositing the funds into a revenue account.
 Bus Schedules: VCTC is responsible for coordinating schedules for fixed route transit services.

Schedules must be updated as route and fare changes occur. Schedules may also be changed for special conditions, events and holidays.
 Community Outreach/Public Awareness: VCTC is responsible for providing ongoing public outreach for VETS with community agencies, organizations and schools to communicate the Service available. VCTC, in cooperation with the Agencies, will develop and produce promotional materials and media buys for print, radio, and TV, within adopted budgetary constraints.  Contractor Relations: VCTC will maintain an awareness of the Transit Operator's staff, equipment, maintenance practices and safety training to assess the service and route. VCTC will monitor Transit Operator performance to ensure the requirements of the contract such as hours of service, days of operation, etc., are met. VCTC will obtain certificates of insurance. VCTC will inform the Transit Operator of special programs VETS offers. VCTC will handle all Transit Operator complaints and claims.
 Customer Relations: VCTC will respond to customer comments and complaints in a timely manner.
 On-Board Survey(s): Biennially, VCTC will conduct an on-board passenger survey in a manner approved by the Agencies. VCTC will conduct one additional on-board survey, if so requested by the Agencies.
 Accounting: VCTC will monitor and reconcile funds in the bank accounts and prepare monthly financial statements. VCTC will reconcile receipts from the Transit Operator and pass sales.

VCTC will electronically draw down federal funds to combine with the correct local match to pay bills.
 Audits: VCTC will have the VETS service accounting records audited by an independent Certified Public Accountancy firm as part of the VCTC annual fiscal audit. 328
65283.00001\41379189.1
 RFP/Contract Preparation: For any future RFP for transit service, VCTC will, with assistance from HVTAC, prepare an RFP to solicit the Transit Operator and negotiate the contract. Any RFP committee established by VCTC for this purpose must include at least one Member of HVPAC.

VCTC may not approve the contract unless and until HVPAC has reviewed the selection of the Transit Operator and the final terms of the contract and made a recommendation to VCTC to act on the contract.
 Meetings of the HVPAC and HVTAC: VCTC is responsible for preparing and distributing agendas and agenda items for meetings of HVPAC and HVTAC as needed.

This Agreement will automatically terminate upon the withdrawal of any two Agencies.

Section 9: Evaluation of Service
VCTC must provide the Agencies with quarterly reports about operations, as shown on Attachment B (incorporated here).

Section 10: Indemnification/ Required Contract
VCTC, as the Designated Recipient, must sign and monitor the contract for Services, after approval thereof by the Agencies.

Except as otherwise provided, each Party releases every other Party from all liability to itself, its officials, officers, employees, agents, and certified volunteers, for any claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement. It is expressly understood and agreed that the foregoing provisions of this Section will survive termination of this Agreement. 329
65283.00001\41379189.1
Each Party shall indemnify, protect, defend, and hold harmless each of the other Parties and their respective officers, employees, and agents, from all liability, claims, or damages arising out of, caused by, or resulting from, the indemnifying Party’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement. It is expressly understood and agreed that the foregoing provisions of this Section will survive termination of this Agreement.

Any contract for the Services must include all of the following requirements:
 The Transit Operator must indemnify, protect, defend and hold harmless VCTC, its officers and employees from all liability, claims, or damages arising out of, caused by, or resulting from, the Transit Operator’s performance of its obligations pursuant to this Agreement and such contract;  The Transit Operator must indemnify, protect, defend and hold harmless each of the Agencies, its officers, agents and employees from all liability, costs, damages or expenses, including attorney's fees, arising out of or incurred in connection with the performance of the Services;  The Transit Operator, at the Transit Operator’s cost, expense, and risk, must defend any and all resulting actions, suits, or other legal proceedings brought or instituted against any or all of the Agencies arising out of the contract services;
 The Transit Operator must pay and satisfy any resulting judgments;  The Transit Operator must provide to each of the Agencies insurance policies covering the Transit Operator’s activities, including general liability and automobile liability with policy limits of not less than $2 million combined single limit for general coverage and $10 million combined single limit for automobile liability coverage.
 The Transit Operator must maintain worker’s compensation insurance with limits as required by the State of California.
 Contractor’s insurance must be with an insurer admitted by the State of California and rated :B+VII or better in Best’s Insurance Guide.
 Each of Transit Operator’s policies must be endorsed to include VCTC and each of the Agencies as additional insureds and must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.  Prior to commencement of the Services, upon request, VCTC may obtain endorsements from the Transit Operator naming VCTC and each Agency as an additional insured.

Section 12: Changes to Agreement
Any changes to this Agreement must be approved in writing by each Party’s governing board or that governing board’s designee.

Section 13: Counterparts
330
65283.00001\41379189.1
This Agreement may be executed in one or more counterparts, each of which is deemed an original and will become effective and binding upon the Parties at such time as all the Parties have signed a counterpart of this Agreement. All counterparts so executed will constitute one Agreement binding all the Parties.

Section 14: Notices or Notification
Any notice required to be given in writing under this Agreement, or other notifications, must be given to the parties at the following addresses:

FILLMORE
City Manager
City of Fillmore
250 Central Ave
Fillmore CA 93015

SANTA PAULA
City Manager
City of Santa Paula
970 Ventura Street
P.O. Box 569
Santa Paula CA 93060

COUNTY OF VENTURA
Deputy Director of Public Works
Transportation Department
County of Ventura
800 S. Victoria Avenue
Ventura, CA 93009-1620

Assignment. No Party may assign this Agreement or any interest herein. Any such attempted assignment will be void.
331
65283.00001\41379189.1
Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Ventura County.

Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against any Party.

In witness whereof, the parties hereto have executed this Agreement on the dates stated below. [Signatures on Next Page]
332
65283.00001\41379189.1

CITY OF FILLMORE APPROVED AS TO FORM
By: _____________________________ _____________________________ _______ Date: _________ City Attorney Date
ATTEST:

By:______________________

CITY OF SANTA PAULA APPROVED AS TO FORM
By: _____________________________ By: ________________________________ Andy Sobel, Mayor Monica Castillo, Interim City Attorney Date: ___________________ Date: ________________________ ATTEST:

By:______________________
Julie Latshaw, City Clerk

COUNTY OF VENTURA APPROVED AS TO FORM
By_____________________________ ______________________________ _________ Date County Counsel Date
ATTEST:

By:______________________

VENTURA COUNTY

TRANSPORTATION COMMISSION APPROVED AS TO FORM
By_____________________________ _______________________________ _________ Date Counsel Date
ATTEST:

By:______________________
333
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Attachment A

Service times and intervals:

Weekdays, 5:45 AM to 7:45 PM, Saturdays & Sundays, 8:00 AM to 6:00 PM Trip reservations can be made up to one week in advance and service is expected to occur within one hour of a call for service.

Service Boundaries
The general service boundaries for the DAR service, which may be adjusted from time to time, are as follows:

Santa Paula DAR service: Santa Paula City limits and adjacent unincorporated areas including the Mupu and Briggs Schools to the west.

Existing Fares:

Regular Fares: $2.00
Seniors, disabled, Medicare card holders: $2.00
Passes: Daily ride and monthly passes will also be made available at a reduced proportional rate.

Fares include one transfer to regular fixed route service or VCTC Intercity 126 regional service.

Fixed Route Transit Service
Existing Fares:

Fares for the fixed route will be set lower than DAR service so people will be encouraged to ride the fixed route service: (Note: As proposed in the Valley Express Transit Study) 334
65283.00001\41379189.1
Regular Fares: $1.25
Seniors, disabled, Medicare card holders: $.60
Dial-A-Ride and ADA fare: General public $2.00; ADA and Seniors (65 and older) $2.00) Phase-in of the increased fares from existing fares, or a specified term promotional discount will be evaluated and recommended by the HVPAC with input from the HVTAC.